Reso 2023-3515 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 5. Incorporation of Provisions. The Consultant will include the provisions of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. D. Mandatory Disclosures (31 U.S.C. §§ 3799 — 3733). For all federally funded work under this Agreement, Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this Agreement. The Consultant must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting any applicable Federal award. E. Conflict of Interest (2 CFR § 200.112). For all federally funded work under this Agreement, the Consultant must disclose in writing any potential conflict of interest to the City or pass-through entity in accordance with applicable Federal policy. Further, the City is required to maintain conflict of interest policies as it relates to procured contracts. A conflict of interest exists when any of the following occur: (i) because of other activities, relationships, or contracts, a Consultant is unable, or potentially unable, to render impartial assistance or advice; (ii) a Consultant's objectivity in performing the work is or might be otherwise impaired; or (iii) the Consultant has an unfair competitive advantage. F. Drug Free Workplace Requirements (Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), 2 CFR 182. To the extent applicable, Consultant must comply with Federal Drug Free workplace requirements of the Drug Free Workplace Act of 1988. G. Equal Employment Opportunity (As per 2 CFR Part 200, Appendix II(C); 41 CFR § 61-1_.4; 41 CFR 61-4.3; Executive Order 11246 as amended by Executive Order 11375). For all federally funded work under this Agreement, the Consultant agrees as follows: (1) the Consultant will not discriminate against any employee or applicant for employment because of race, color, Disaster Program & Operations, Inc. Page 15 of 31 345