City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting
<br />from, or directly related to the subject matter of this Agreement including, without limitation, any
<br />and all claims, losses, liabilities, expenditures, demands or causes of action of any nature
<br />whatsoever resulting from injuries or damages sustained by any person or property. In the event
<br />any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action
<br />or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or
<br />proceeding by counsel satisfactory to City.
<br />The provisions and obligations of this section shall survive the expiration or earlier termination of
<br />this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br />Agreement may be retained by City until all of City's claims for indemnification pursuant to this
<br />Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
<br />to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
<br />specific consideration to the Contractor for the indemnification set forth in this Agreement.
<br />20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
<br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br />under this Agreement.
<br />21. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
<br />voluntarily, and intentionally, waive the right which any may have to a jury trial in respect of any
<br />action, proceeding, litigation, or counterclaim based hereon or arising out of, under, on or in
<br />connection with this agreement or any course of conduct, course of dealing, statements (whether
<br />verbal or written) or actions of either of party.
<br />22. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br />supersede and take priority over any inconsistent or conflicting provisions that are contained in
<br />any other document, including but not limited to Attachments "A" and `B".
<br />23. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
<br />subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
<br />submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
<br />for goods or services if at the time of bidding, submitting a proposal for, or entering into or
<br />renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
<br />engaged in the boycott of Israel. Contractors must certify that the company is not participating in
<br />a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
<br />shall be terminated at the City's option if it is discovered that the company submitted a false
<br />certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
<br />contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
<br />Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
<br />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 />SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 10
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