City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />the professional negligence, error or omission of the Contractor or persons employed or utilized
<br />by the Contractor in performance of Services under this Agreement.
<br />Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
<br />or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
<br />directors, officials and employees from and against any and all causes of action, demands, claims,
<br />losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
<br />caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
<br />including those of their employees, agents, servants, or officers, or accruing, resulting from, or
<br />directly related to the subject matter of this Agreement including, without limitation, any and all
<br />claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
<br />resulting from injuries or damages sustained by any person or property. In the event any lawsuit
<br />or other proceeding is brought against City by reason of any such claim, cause of action or demand,
<br />Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
<br />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.
<br />19. 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 />20. 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 />21. 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 />Millenium Products, Inc. 10
<br />
|