Reso 2006-893 - Laserfiche WebLink

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10.3 PUBLIC ENTITY CRIMES ACT ARTIST represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Fla. Stat. 9287.133), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. In addition to the foregoing, ARTIST further represents that there has been no detelmination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a public entity crime and that it has not been formally charged with committing an act defined as a public entity crim~ regardless of the amount of money involved or whether ARTIST has been placed on the convicted vendor list. 10.4 INDEPENDENT CONTRACTOR ARTIST is an independent contractor under this Agreement. Services provided by ARTIST pursuant to this Agreement shall be subject to the supervision of ARTIST. In providing such services, neither ARTIST nor its agents shall act as officers, employees, or agents of the CITY. This Agreement shall not constitute or make the parties a partnership orjoint venture, and furthermore, this Agreement does not constitute a work for hire arrangement or agreement. 10.5 THIRD PARTY BENEFICIARIES Neither ARTIST nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 10.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States 1'l/fail, postage prepaid, return receipt requested, or by hand-delivery 'vvith a request for a written receipt of acknowledgment of delivery, addressed to the part.y for