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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 />incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or <br />pay Social Security services and that such obligations shall be that of the Contractor, other than <br />those set forth in this Agreement. Contractor shall furnish its own transportation, office and other <br />supplies as it determines necessary in carrying out its duties under this Agreement. <br />10. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or <br />interest herein shall be assigned, transferred or encumbered without the written consent of the other <br />party. City may terminate this Agreement, effective immediately, if there is any assignment, or <br />attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or <br />interest herein without City's written consent. Contractor represents that each person who will <br />renders services pursuant to this Agreement is duly qualified to perform such services by all <br />appropriate governmental authorities, where required, and that each such person is reasonably <br />experienced and skilled in the area(s) for which they will render services. Contractor shall perform <br />its duties, obligations and services under this Agreement in a skillful and respectable manner. The <br />quality of Contractor's performance and all interim and final product(s) provided to or on behalf <br />of City shall be comparable to the applicable local standards. <br />11. PUBLIC ENTITY CRIME ACT. Contractor represents that the execution of this <br />Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may <br />be amended from time to time, which essentially provides that a person or affiliate who is a <br />contractor, or other provider, and who has been placed on the convicted vendor list following a <br />conviction for a public entity crime may not submit a bid on a contract to provide any goods or <br />services to City, may not submit a bid on a contract with City for the construction or repair of a <br />public building or public work, may not submit bids on leases of real property to City, may not be <br />awarded or perform work as a contractor, supplier, or subcontractor under a contract with City, <br />and may not transact any business with City in excess of the threshold amount provided in Section <br />287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a <br />period of 36 months from the date of being placed on the convicted vendor list. Violation of this <br />section shall result in termination of this Agreement and recovery of all monies paid by City <br />pursuant to this Agreement, and may result in debarment from City's competitive procurement <br />activities. In addition to this foregoing, Contractor further represents that there has been no <br />determination that it committed an act defined by Section 287.133, Florida Statutes, as a "public <br />entity crime" and that it has not been formally charged with committing an act defined as a `'public <br />entity crime" regardless of the amount of money involved or whether Contractor has been placed <br />on the convicted vendor list. <br />12. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverage to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents or employees, as indicated below: <br />❑ Comprehensive General liability insurance, including broad form contractual <br />liability coverage for all operations, including, but not limited to, Premises and <br />Operations; Independent Contractors; Products and /or Completed Operations, <br />Broad Form Property Damage; Broad Form Contractual Coverage; Personal Injury <br />Coverage with minimum limits of One Million Dollars ($1,000,000) per <br />6 <br />