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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 if
<br />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 as
<br />Attachment "B". Submitting a false certification shall be deemed a material breach of contract.
<br />The City shall provide notice, in writing, to the Contractor of the City's determination concerning
<br />the false certification. The Contractor shall have ninety (90) days following receipt of the notice
<br />to 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 City
<br />shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
<br />Section 215.4725.
<br />17. PROHIBITION AGAINT CONTINGENT FEES. Pursuant to Florida Statutes Section
<br />287.055, the Consultant (architect, registered surveyor and mapper or professional engineer)
<br />warrants that he or she has not employed or retained any company or person, other than a bona
<br />fide employee working solely for the Consultant to solicit or secure this Agreement and that he or
<br />'she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than
<br />a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or
<br />other consideration contingent upon or resulting from the award or making of this Agreement. For
<br />the breach or violation of this provision, the City shall have the right to terminate the agreement
<br />without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the
<br />full amount of such fee, commission, percentage, gift, or consideration.
<br />18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
<br />Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter
<br />33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference
<br />herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The
<br />Consultant covenants that it presently has no interest and shall not acquire any interest, directly or
<br />indirectly which should conflict in any manner or degree with the performance of the Services.
<br />The Consultant further covenants that in the performance of this Agreement, no person having any
<br />such interest shall knowingly be employed by the Consultant. The Consultant guarantees that
<br />he/she has not offered or given to any member of, delegate to the Congress of the United States,
<br />any or part of this contract or to any benefit arising therefrom.
<br />19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant 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 acts,
<br />errors, mistakes or omissions relating to professional services in the performance of this
<br />Agreement. The Consultant'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 />114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
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