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Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
<br /> handicapped in any Federally assisted program.
<br /> 18. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br /> COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that
<br /> is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott
<br /> of Israel is prohibited. Contractors must certify that the company is not participating in a boycott
<br /> of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall
<br /> be terminated_at the City's option if it is discovered that the entity submitted false documents of
<br /> certification,is listed on the Scrutinized Companies with Activities in Sudan List,the Scrutinized
<br /> Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
<br /> business operations in Cuba or Syria after July 1, 2018.
<br /> Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option
<br /> if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
<br /> boycott of Israel. Contractors must submit the certification that is attached to this agreement.
<br /> Submitting a false certification shall be deemed a material breach of contract. The City shall
<br /> provide notice, in writing, to the Contractor of the City's determination concerning the false
<br /> 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
<br /> not demonstrate that the City's determination of false certification was made in error, then the
<br /> City shall have the right to terminate the contract and seek civil remedies pursuant to Florida
<br /> Statute Section 215.4725.
<br /> 19. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
<br /> the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
<br /> Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
<br /> reference herein as if fully set forth herein, in connection with the Agreement conditions
<br /> hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
<br /> interest, directly or indirectly which should conflict in any manner or degree with the
<br /> performance of the Services. The Contractor further covenants that in the performance of this
<br /> Agreement, no person having any such interest shall knowingly be employed by the Contractor.
<br /> The Contractor guarantees that he/she has not offered or given to any member of, delegate to the
<br /> Congress of the United States, any or part of this Agreement or to any benefit arising therefrom.
<br /> 20. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
<br /> the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br /> representatives, officers, directors, officials and employees from and against claims, damages,
<br /> losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br /> appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent
<br /> acts, errors, mistakes or omissions relating to professional Services performed under this
<br /> Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
<br /> representatives, officers, directors, officials and employees shall arise in connection.with any
<br /> claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br /> injury to impairment, or destruction of tangible property including loss of use resulting
<br /> therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
<br /> performance of this Agreement including any person for whose acts, errors, mistakes or
<br /> 099-1012 LUKES LANDSCAPING. INC.
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