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Reso 2024-3732
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Reso 2024-3732
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Last modified
10/31/2024 9:49:44 AM
Creation date
10/30/2024 4:05:21 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3732
Date (mm/dd/yyyy)
10/22/2024
Description
AWD Bid 24-07-02; Agreement w/ MBR Construction, Inc. to provide construction services for the Intracoastal Sports Park.
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Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that <br />the company submitted a false certification, or at the time of bidding, submitting a proposal for, or <br />entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan <br />List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant <br />to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, <br />after July 1, 2018. <br />Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's <br />option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in <br />the boycott of Israel. Contractors must submit the certification that is attached to this agreement as <br />Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The <br />City shall provide notice, in writing, to the Contractor of the City's determination concerning the <br />false certification. The Contractor shall have ninety (90) days following receipt of the notice to <br />respond in writing and demonstrate that the determination was in error. If the Contractor does not <br />demonstrate that the City's determination of false certification was made in error, then the City shall <br />have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section <br />287.135. <br />14.8. E -Verify <br />Florida Statute 448.095 directs all public employers, including municipal governments, to <br />verify the employment eligibility of all new public employees through the U.S. Department of <br />Homeland Security's E -Verify System, and further provides that a public employer may not enter <br />into a contract unless each party to the contract registers with and uses the E -Verify system. Florida <br />Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the <br />subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not <br />employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute <br />448.095, Contractor is required to verify employee eligibility using the E -Verify system for all <br />existing and new employees hired by Contractor during the contract term. Further, Contractor must <br />also require and maintain the statutorily required affidavit of its subcontractors. It is the <br />responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To <br />enroll in E -Verify, employers should visit the E -Verify website (https://www.e- <br />verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain <br />the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as <br />Attachment "D." <br />14.9. Human Trafficking <br />Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental <br />entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion <br />for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the <br />affidavit that is attached to this agreement as Attachment `B," signed by an officer or an authorized <br />representative of the Contractor, under penalty of perjury, attesting that Contractor does not use <br />coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false <br />certification shall be deemed a material breach of contract. <br />MBR CONSTRUCTION, INC. Page 33 of 41 <br />182 <br />
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