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Reso 2024-3718
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Reso 2024-3718
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Last modified
10/31/2024 9:52:57 AM
Creation date
10/30/2024 4:27:15 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3718
Date (mm/dd/yyyy)
09/19/2024
Description
Agreement w/ MBR Construction, Inc., to repair, remediate, and resurfacer the City's Pedestrian Bridge at North Bay Road.
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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 <br />12.15!Scrutinized Vendor List: By signing this Agreement and the attached certification marked <br />as Exhibit E, CONTRACTOR certifies that it is not on the Scrutinized Companies that <br />Boycott Israel List, created pursuant to §215.4725, Florida Statutes, or engaged in a <br />boycott of Israel; and, for bids, proposals or contracts for goods or services of one million <br />dollars or more, that it is not on the Scrutinized Companies with Activities in Sudan List <br />or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, <br />or engaged in business operations in Cuba or Syria, per <br />§287.135, Florida Statutes. If SHERIFF determines, using credible information available <br />to the public, that CONTRACTOR has submitted a false certification, SHERIFF shall <br />provide CONTRACTOR with written notice of its determination. CONTRACTOR shall <br />have 90 days following receipt of the notice to respond in writing and to demonstrate that <br />the determination of false certification was made in error. If CONTRACTOR does not <br />make such demonstration within 90 days after receipt of the notice, SHERIFF shall bring <br />a civil action against the CONTRACTOR. If a civil action is brought and the court <br />determines that the CONTRACTOR has submitted a false certification, CONTRACTOR <br />shall pay a civil penalty equal to the greater of $2 million or twice the amount of the <br />contract for which the false certification was submitted, and all reasonable attorney fees <br />and costs, including any costs for investigations that led to the finding of false certification; <br />and, CONTRACTOR will be ineligible to bid on any contract with an agency or local <br />governmental entity for 3 years after the date BSO determined that CONTRACTOR <br />submitted a false certification, pursuant §287.135(5)(a) Florida Statutes. <br />12.16!Third Party Beneficiaries. Other than Broward County and the Board of Commissioners <br />of Broward County if the Project or real property is owned by Broward County, neither <br />CONTRACTOR nor SHERIFF intends to directly or substantially benefit a third party by <br />this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to <br />this Agreement (other than Broward County and the Board of Commissioners of Broward <br />County if the Project or real property is owned by Broward County). <br />12.17!No claim for damages or any claim, other than for an extension of time, shall be made or <br />asserted against SHERIFF by reason of any delays except as provided herein. <br />CONTRACTOR shall not be entitled to an increase in the contract price or payment or <br />compensation of any kind from SHERIFF for direct, indirect, consequential, impact or <br />other costs, expenses or damages, including but not limited to costs of acceleration or <br />inefficiency, arising because of delay, disruption, interference or hindrance from any cause <br />whatsoever, whether such delay, disruption, interference or hindrance be reasonable or <br />unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. <br />12.18!SHERIFF shall not be liable to pay any interest to CONTRACTOR for any reason, <br />whether as prejudgment interest or for any other purpose, and in furtherance thereof <br />CONTRACTOR waives, rejects, disclaims and surrenders any and all entitlement it has <br />or may have to receive interest in connection with a dispute or claim arising from, related <br />to, or in connection with this Agreement. This section shall not apply to any claim for <br />interest, including for post-judgment interest, if such application would be contrary to <br />applicable law. If this section is inapplicable or is determined to be invalid <br /> <br />26 <br /> <br />
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