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DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />a. Withholding payments to the Contractor under the contract until the <br />Contractor complies; and/or <br />b. Cancelling, terminating, or suspending a contract, in whole or in part. <br />5. Incorporation of Provisions. The Contractor will include the provisions of this <br />section in every subcontract, including procurements of materials and leases of <br />equipment, unless exempt by the Acts, the Regulations and directives issued <br />pursuant thereto. The Contractor will take action with respect to any subcontract <br />or procurement as the sponsor or the Federal Aviation Administration may direct <br />as a means of enforcing such provisions including sanctions for noncompliance. <br />Provided, that if the Contractor becomes involved in, or is threatened with <br />litigation by a subcontractor, or supplier because of such direction, the Contractor <br />may request the City to enter into any litigation to protect the interests of the <br />sponsor. In addition, the Contractor may request the United States to enter into <br />the litigation to protect the interests of the United States. <br />D. Mandatory Disclosures (31 U.S.C. 3799 — 3733). For all federally funded work <br />under this Agreement, Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative <br />Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this <br />Agreement. The Contractor must disclose in writing all violations of Federal criminal law involving <br />fraud, bribery, or gratuity violations potentially affecting any applicable Federal award. <br />E. Conflict of Interest (2 CFR & 200.112). For all federally funded work under this <br />Agreement, the Contractor must disclose in writing any potential conflict of interest to the City or <br />pass-through entity in accordance with applicable Federal policy. Further, the City is required to <br />maintain conflict of interest policies as it relates to procured contracts. A conflict of interest exists <br />when any of the following occur: (i) because of other activities, relationships, or contracts, a <br />Contractor is unable, or potentially unable, to render impartial assistance or advice; (ii) a <br />Contractor's objectivity in performing the work is or might be otherwise impaired; or (iii) the <br />Contractor has an unfair competitive advantage. <br />F. Drug Free Workplace Requirements (Drug -Free Workplace Act of 1988 (41 U.S.C. <br />§ 701 et seg.), 2 CFR & 182. To the extent applicable, Contractor must comply with Federal Drug <br />Free workplace requirements of the Drug Free Workplace Act of 1988. <br />G. Equal Employment Opportunity As per 2 CFR Part 200, Appendix II(C); 41 CFR § <br />61-1.4; 41 CFR § 61-4.3; Executive Order 11246 as amended by Executive Order 11375). For all <br />federally funded work under this Agreement, the Contractor agrees as follows: (1) the Contractor <br />will not discriminate against any employee or applicant for employment because of race, color, <br />Phillips and Jordan, Incorporated Page 15 of 31 <br />