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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />offered or given to any member of, delegate to the Congress of the United States, any or part of this
<br />Agreement or to any benefit arising therefrom.
<br />16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the
<br />fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br />representatives, officers, directors, officials, and employees from and against claims, damages,
<br />losses, and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br />appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts,
<br />errors, mistakes, or omissions relating to Services performed under this Agreement. The
<br />Consultant's duty to defend, hold harmless, and indemnify the City, its agents, representatives,
<br />officers, directors, officials, and employees shall arise in connection with any claim, damage, loss
<br />or expense that is attributable to bodily injury, sickness, disease, death, or injury, impairment, or
<br />destruction of tangible property including loss of use resulting therefrom, caused by any negligent
<br />acts, errors, mistakes, or omissions related to Services in the performance of this Agreement,
<br />including any person for whose acts, errors, mistakes or omissions the Consultant may be legally
<br />liable.
<br />17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
<br />Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
<br />Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is
<br />prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any
<br />contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at
<br />the City's option if it is discovered that the entity submitted false documents of certification, is listed
<br />on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
<br />Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in
<br />Cuba or Syria after July 1, 2018.
<br />Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
<br />the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
<br />boycott of Israel. Consultants must submit the certification that is attached to this agreement as
<br />Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The
<br />City shall provide notice, in writing, to the Consultant of the City's determination concerning the
<br />false certification. The Consultant shall have ninety (90) days following receipt of the notice to
<br />respond in writing and demonstrate that the determination was in error. If the Consultant does not
<br />demonstrate that the City's determination of false certification was made in error, then the City shall
<br />have the right to terminate the Agreement and seek civil remedies pursuant to Florida Statute Section
<br />287.135.
<br />18. PUBLIC RECORDS. The Consultant shall be required to comply with the following
<br />requirements under Florida's Public Records Law:
<br />A. Consultant shall keep and maintain public records required by the City to perform the
<br />service.
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