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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 />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, including any subcontractors. <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, subcontractors, or officers, or accruing, <br />resulting from, or directly related to the subject matter of this Agreement including, without <br />limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any <br />nature whatsoever resulting from injuries or damages sustained by any person or property. In the <br />event any lawsuit or other proceeding is brought against City by reason of any such claim, cause <br />of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit <br />or 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. <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 62 <br />