CONTRACT

Between the City of Tallahassee ("City”) and (Contractor’s name - TBD) ("Contractor")

CONTRACT NO. TBD

SUBJECT OF CONTRACT: _______________________________

CONTRACT AMOUNT:

|_| Exact Amount: $ ___ |_| Not To Exceed (NTE):

|_| Commodity based upon Line-Item Price |_| Exact Amount: $ _______________ (Subject to allowed adjustments as specified elsewhere in the contract.)

|_| Estimate Only (EST):

LINE ITEMS AWARDED: |X| All |_| Item(s): ______________

CONTRACT TERM:

The performance period ("Term") of this contract for ________________________ (the “Contract”) will be as follows: The basic Contract Term is _Three_ years, with __one__ optional __two_ year extension period for a total of __Five__ years.

The term of the Contract shall begin on the Contract Execution Date as evidenced by signature of the parties in the Contract Execution section below.

CONTACT PERSONNEL

Contract Administrator:

Telephone Number:

Email:

Technical Representative:

Telephone Number:

Email:

FOR CITY OF TALLAHASSEE INTERNAL USE ONLY

Type of Contract (Check One) |_| Firm Fixed Price |_| Fixed Price w/Economic Price Adjustment Type of Quantity Delivery (Check One) |_| Definite Quantity |_| Indefinite Quantity |_| Requirements Item Type |_| Commodities |_| Services

Type of Contract Award (Check One) |_| Single Award |_| Multiple Award

Approval Level: |_| ACM |_| Commission Approval Date: TBD

TABLE OF CONTENTS

The Contract incorporates the following documents and sections in full text, unless stated elsewhere in the Contract as incorporated by reference.

CERTIFICATION OF CONTRACTOR

I, the undersigned representative of the Contractor, hereby certify and represent as follows --

1. That I am duly authorized by the Contractor to execute the Contract binding the Contractor to the City; and

2. That the Contractor will satisfactorily perform all work under that Contract in strict accordance with its terms and conditions.

CONTRACT EXECUTION

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives below.

City of Tallahassee

By:__________________________________ (Signature)

Veronica McCrackin Director for Procurement Services Contractor: (Contractor’s Name)

By:________________________________ (Signature)

(Print/Type Name, Title, and Date)

Attest

By:___________________________________ (Signature)

James O. Cooke, IV City Treasurer-Clerk

Execution Date

Approved As To Form:

By:_________________________________ (Signature)

Edith McKay Assistant City Attorney

SECTION 1 - PRICE SCHEDULE

CONTRACTOR NAME: _TBD____________ ______________ ______ ______

1.1 THE CONTRACTOR AGREES --

To furnish the supplies and/or services, awarded in whole or in part by the City, at the price set for each item offered by the Contractor, in accordance with the terms and conditions of the Contract.

1.2 PRICE RELATED FACTORS

1. The Contractor’s cost shall be inclusive of all labor, supervision, materials, supplies, equipment, tools, transportation, handling, assessments, all other taxes, and fees of any kind.

2. Delivery shall be "F.O.B. Destination". Unless freight/handling fees are listed below as a separate line item, the price set for each item shall include all freight/handling fees.

3. The Contractor is not exempt from the Florida Sales Tax on materials or services.

1.3 CONTRACTOR PRICES

See Attachment A for Price Schedule

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

SECTION 2 – CONTRACTOR’S CONTACT INFORMATION

OFFICIAL COMPANY INFORMATION AS REGISTERED

COMPANY NAME:

MAIL ADDRESS:

TELEPHONE NO:

WEBSITE URL:

COMPANY CONTACT FOR CONTRACT MANAGEMENT

PERSON NAME:

TELEPHONE NO:

EMAIL ADDRESS:

PAYMENT REMITTANCE ADDRESS

COMPANY NAME:

MAIL ADDRESS:

TELEPHONE NO:

EMAIL ADDRESS:

CONTACT FOR INVOICE INQUIRIES

PERSON NAME:

TELEPHONE NO:

EMAIL ADDRESS:

WHERE TO SEND PURCHASE ORDER (IF APPLICABLE)

COMPANY NAME:

MAIL ADDRESS:

EMAIL ADDRESS:

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

SECTION 3 – STATEMENT OF WORK/SPECIFICATIONS

(THE DEPARTMENT WILL INSERT SCOPE OF WORK FROM IFB/RFP)

SECTION 4 – CONTRACT MANAGEMENT

4.1 CITY REPRESENTATIVES

A. CONTRACT ADMINISTRATOR

The City’s Contract Administrator is responsible for acting on behalf of the Manager of Procurement Services Office (PSO), as delegated. The Contract Administrator’s Contract duties include, but are not limited to, the following:

a. Acting as the liaison between the City and the Contractor

b. Maintaining Contract files; processing Contract amendments, cancellations, and terminations

c. Resolving conflicts between the City and the Contractor when such conflicts cannot be resolved by the Technical Representative, interpreting, and enforcing Contract requirements

B. TECHNICAL REPRESENTATIVE(S)

The City’s Technical Representative’s duties include, but are not limited to, the following:

a. Serving as liaison between the PSO and the Contractor on technical issues

b. Placing orders against the Contract, if applicable

c. Conducting evaluations and reporting on the Contractor’s performance

d. Reviewing and recommending action on the Contractor payment requests

e. Alerting the Contract Administrator of developing and unresolved issues

4.2 CONTRACTOR’S CONTRACT MANAGER

The Contractor’s Contract Manager for the Contract is identified in section 2, Contractor’s Contact Information.

4.3 CHANGES TO CONTRACT MANAGERS AND REPRESENTATIVES

If there are changes in Contract administrators, managers, or representatives by either party during the term of the contract, notice of the new personnel’s name, address, telephone numbers, and any other contact information, will be promptly rendered in writing to the other Party. Such changes will be given to the City's Contract Administrator and the Contractor's Contract Manager.

SECTION 5 – GENERAL TERMS AND CONDITIONS

5.1 INSURANCE REQUIREMENTS

a. Prior to commencing work, the Contractor shall procure and maintain at the Contractor's own cost and expense throughout the Term of the Contract the following types and limits of insurance coverage in relation to the performance of work or provision of services hereunder by the Contractor, its agents, representatives, employees, or subcontractors:

(1) Commercial General/Umbrella Liability Insurance - $2,000,000 limit per occurrence for property damage and bodily injury. The insurance shall include coverage for the following:

· Premise/Operations

· Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

· Products/Completed Operations

· Contractual

· Independent Contractors

· Broad Form Property Damage

· Personal Injury

(2) Business Automobile/Umbrella Liability Insurance- $1,000,000 limit per accident for property damage and personal injury.

· Owned/Leased Autos

· Non-owned Autos

· Hired Autos

(3) Workers’ Compensation and Employers’/Umbrella Liability Insurance -- Workers’ Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers’/Umbrella Liability coverage for $1,000,000 per accident. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Contractor is otherwise required by law to provide such coverage.

b. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers (“City Insureds”); or the Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

c. Other Insurance Provisions

The insurer shall agree to waive all rights of subrogation against the City Insureds for losses arising from activities and operations of the Contractor in the performance of services under the Contract.

d. Acceptability of Insurers Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M. Best's rating service.

e. Verification of Coverage The Contractor is reminded that regardless of what the State of Florida requirements for insurance are (including the exemption for Workers Compensation Insurance), the insurance specified herein is the minimum requirement for the Contract. The Contractor shall furnish the City with certificates of insurance and with original endorsements providing evidence of coverage required by this Section. The certificates and endorsements for each policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements must be submitted and approved by the City before work commences. Certificates of Insurance must be annotated with the Contract number.

f. Subcontractors The Contractor shall include each of its subcontractors as insured under the policies of insurance required herein.

5.2 PAYMENTS

a. The City shall pay the Contractor, either by government credit card or upon the submission of proper invoices or Contract pay requests, the prices stipulated in the Contract, less any deductions provided in the Contract.

b. It is the policy of the City to fully implement the provisions of the “Florida Prompt Payment Act". For more information, please refer to Chapter 218, Part VII, Florida Statutes.

5.3 SUBMITTAL OF PROPER INVOICES

a. The Contractor shall submit an invoice at the end of every month [or other specified interval], in which services were rendered [or in which supplies were delivered] and accepted, by one of the following methods:

(1) E-mail (electronic PDF image of invoice): invoices@talgov.com.

(2) Mail: Accounts Payable, 300 S. Adams St., Mailbox A-28, Tallahassee, FL 32301-1731; or

(3) Hand Delivery: Accounts Payable, City Hall, 300 S. Adams St, Tallahassee, FL

b. Accounts Payable Contact Telephone: (850) 891-8280; Fax: (850) 891-8788

c. A proper invoice must include all the following:

(1) Name and address of the Contractor;

(2) Invoice date

(3) Invoice number (the Contractor is encouraged to assign an identification number)

(4) Contract number, if applicable

(5) City's Purchase Order number, if applicable

(6) Contract line-item number, if applicable

(7) Descriptions, quantities, units of measure, unit prices, and extended price of each item

(8) Terms of any prompt payment discounts offered

(9) Name and address of official to whom payment is to be sent

(10) Federal Identification Number or Social Security Number (whichever applies)

5.4 INDEPENDENT CONTRACTOR STATUS

The parties to the Contract are independent contractors, and none of the provisions of the Contract shall be interpreted or deemed to create any relationship between such parties other than that of independent contractors. Nothing contained in the Contract shall be construed to create a relationship of employer and employee, master and servant, principal, and agent, or coventurers between the City and the Contractor, between the City and any employee of the Contractor, or between the Contractor and any employee of the City. The City shall have no right to control or direct the details, manner, or means by which the Contractor performs the services or other requirements of the Contract except to require compliance with requirements and standards stated in the Contract. The Contractor, similarly, shall have no control over or management authority with respect to the City or its operations.

5.5 INDEMNIFICATION

a. The Contractor shall indemnify and hold harmless the City, and its officials, officers, and employees, from and against all claims for infringement of any United States Patent and all other claims, damages, losses, and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods, or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

b. In any and all claims against the City, or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

c. This Contract does not constitute a waiver of the City’s sovereign immunity or consent to suit by third parties. Any City’s liability under this Contract is intended to be consistent with limitations of Florida law, including without limitation the state's waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes. No obligation imposed by this Contract shall be deemed to alter said waiver or to extend the liability of the City beyond such limits, nor shall any such obligation be deemed or construed as a waiver of any defense of sovereign immunity to which the City may be entitled. All obligations of the City shall be subject to appropriation of funds.

5.6 EVALUATION OF SERVICES--FIXED-PRICE

a. Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

b. The Contractor shall provide and maintain a quality control program acceptable to the City covering the good and services under the Contract. If requested, complete records of all quality control work performed by the Contractor shall be maintained and made available to the City during Contract performance and for as long afterwards as the Contract requires.

c. The City has the right to evaluate all goods and services provided under the Contract, at all times and, to the extent practicable, at places of work during the term of the Contract. The City shall perform evaluations in a manner that will not unduly delay the work.

d. Evaluations conducted by the City shall be recorded on a standard City Vendor Performance Evaluation (VPE) form or another appropriate document. Completed VPE forms shall be processed as follows:

g. All completed VPE forms and other evaluation correspondence, shall become public record and may be used in evaluations for award of future contracts.

5.7 CHANGES--FIXED-PRICE

a. The Contract Administrator may at any time, by written order, and without notice to the sureties, if any, make changes to the Contract within the general scope of the Contract.

b. If any such change causes an increase or decrease in the cost of, or the time required for performance of, any part of the work under the Contract, whether changed by the order, the Contract Administrator shall make an equitable adjustment in the Contract price or the delivery schedule, or both, and shall modify the Contract.

c. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. However, if the Contract Administrator decides that the facts justify it, the Contract Administrator may receive and act upon a proposal submitted before final payment of the Contract.

d. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contract Administrator shall have the right to prescribe the manner of the disposition of the property.

e. Failure of the parties to mutually agree to any adjustment shall be resolved under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, the Contractor shall immediately give notice, including all relevant information, to the Contract Administrator.

In the event the Contractor enters proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the Contract, written notification of the bankruptcy to the Contract Administrator. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City contract numbers for all City contracts against which final payment has not been made. This obligation remains in effect until final payment under the Contract has been made.

5.12 PROTECTION OF CITY BUILDINGS, EQUIPMENT, AND VEGETATION

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on City property. If the Contractor's failure to use reasonable care causes damage to any City property, the Contractor shall replace or repair the damage at no expense to the City, as the Contract Administrator directs. If the Contractor fails or refuses to make such repair or replacement in accordance with such directions, the City may make or contract for replacement or repair, and, in such event, the Contractor shall be liable to the City for all related costs, which may be deducted from the Contract price, and any amounts otherwise owed the Contractor, by the Procurement Services Office. Such failure by the Contractor shall also be deemed a default and shall constitute grounds for termination of the Contract, at the option of the City.

5.13.1 WARRANTIES OF SERVICES

a. Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the City by which the City assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the Contract.

"Correct or Correction," as used in the Contract, means the elimination of a defect.

5.13.2 WARRANTIES OF COMMODITIES

a. PRODUCT REQUIREMENTS/SPECIFICATIONS – Items furnished shall be standard products of the manufacturer or their suppliers and, shall be new, unused, clean, and free from any defects or features affecting appearance, serviceability, or the safety of the user in normal intended use, unless otherwise stated in the specifications. Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and the Contractor will be held responsible for any nonconformity. Deviations must be explained in detail on separate attached sheet(s).

b. REPLACEMENT/RESTOCKING - A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria and warranty, for a period of not less than ninety (90) days from the date of acceptance by the City. Delivery of substitute commodities requires prior written approval from the ordering location.

Funds may not be available for performance under the Contract beyond September 30 of each year included in the Contract. The City’s obligation for performance of the Contract beyond that date is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under the Contract beyond the above referenced date, until funds are made available before commencing work or making deliveries to ensure funds are appropriated for the Contract.

5.16 EXTENSIONS OF CONTRACT TERM (BILATERAL)

The Contract has the option for one two-year extension period mutually agreed to by the Parties. Such extension must be agreed to by the parties, in writing, no later than thirty (30) calendar days prior to the end of the initial Contract term.

5.17 CONTINUED PERFORMANCE OF THE CONTRACT (not exceed six (6) months) After completion of the initial Contract term or any extensions thereof, the City may require continued performance of any services within the limits and at the rates specified in the Contract for a limited amount of time, not to exceed six months. This continued performance provision may be exercised monthly or for the full six months. The City may exercise this continued performance provision by written notice to the Contractor at least thirty (30) calendar days before the initial Contract Term or extension(s) period expires.

5.19 ECONOMIC PRICE ADJUSTMENT

The Contract is subject to Economic Price adjustments unit prices. A pricing adjustment will be considered after year one of the contract. It is the Contractor’s responsibility to request any pricing adjustment under this provision. The Contractor’s adjustment request should not be in excess of the relevant pricing index change per the Consumer Price Index or Producer Price Index as published by the Bureau of Labor Statistics of the U.S. Department of Labor – http://www.bls.gov/data/). The Contractor may submit price increase letters from the manufacturer in conjunction with the pricing adjustment request. For any adjustment to commence on the first day of any exercised option period, the Contractor’s request for adjustment should be submitted ninety (90) days prior to expiration of the then current Contract term or at time of renewal request from the City. The maximum allowable increase shall not exceed 5%, unless authorized by the Procurement Director. All price adjustments must be accepted by the Procurement Director and shall be memorialized by written amendment to the Contract. If no adjustment request is received from the Contractor, the City will assume the Contractor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The unit price rates reflected in the Contract executed with the successful vendor shall be adjusted upward or downward based on percentage increases or decreases in the following indices and calculated in accordance with the following formula:

CALCULATION OF ECONOMIC PRICE ADJUSTMENT

The Economic Price Adjustment (“EPA”) will be calculated in accordance with the following formula:

EPA = 1 + ((CYCI - PYCI) / PYCI)

Where, “Current Year Consumer Index” (“CYCI”) means the most recent value for the following index available on the fourth anniversary of the Effective Date: “Consumer Price Index - All Urban Consumers All Items Not Seasonally Adjusted CUUR0300SA0”.

“Prior Year Consumer Index” (“PYCI”) means the most recently published value for the following index available on the third anniversary of the Effective Date: “Consumer Price Index - All Urban Consumers All Items Not Seasonally Adjusted CUUR0300SA0”.

The EPA will be calculated to the third decimal place.

Adjusted Price for each Item = unit price (per Proposal) × EPA.

5.21 ORDER LIMITATIONS

With regard to orders placed against the Contract, there is NO minimum monetary limit on single orders.

5.22 PURCHASES BY OTHER PUBLIC AGENCIES

With the consent and agreement of the Contractor, purchases may be made under the Contract by other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be governed by the same terms and conditions stated herein.

5.25 E-VERIFY

The Contractor, and its subcontractors, must register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees, pursuant to Section 448.095, Florida Statutes. Registration must take place prior to execution of the Contract. If the Contractor enters into any agreement with a subcontractor for performance of services under the Contract, the subcontractor must provide an affidavit to the Contractor which states that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens. The Contractor is required to maintain a copy of such affidavit throughout the term of the Contract.

The Contractor agrees to adhere to the requirements of Section 448.095, Florida Statutes, and understands that failure to comply with the statute will result in termination of the Contract. If such termination occurs, the Contractor will not be awarded another City contract for at least one (1) year from the date of Contract termination and will be liable for any additional costs incurred by the City as result of the Contract termination.

5.26 EQUAL OPPORTUNITY

Contractor agrees to comply with the City of Tallahassee Equal Opportunity Policy. Contractor will not discriminate against any employee or applicant for employment because of race, color, gender, religion, national origin, age, disability, marital status, pregnancy, sexual orientation, gender identity, protected veteran status and any other protected class.

5.27 FORCE MAJEURE

If either Party is delayed or prevented from performing any obligations under this Contract by circumstances beyond its control, including but not limited to fires, hurricanes, severe weather, floods, pandemics, quarantines, war, acts of terrorism, acts of God, or significant threats of such circumstances (collectively “Force Majeure”), the impacted Party may be excused from performance hereunder during the period of inability to perform. In case of any delay the impacted Party believes is excusable under this provision, the impacted Party will notify the other Party in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the impacted Party could reasonably foresee that a delay could occur as a result, or (2) if delay is no reasonably foreseeable, within five (5) calendar days after the date the impacted Party first had reason to believe that a delay could result. The foregoing will constitute the impacted Party’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy.

Notwithstanding anything in this Contract to the contrary, Force Majeure does not include or excuse performance under this Contract for events related to increased costs associated with fuel, labor, labor disputes, insurance, or other expenses performing the obligations hereunder. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the City for direct, indirect, consequential, impact or other costs, expenses, or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever.

If performance is suspended or delayed, in whole or in part, due to causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost. However, if the City determines, in its sole discretion , that the delay will significantly impair the value of the Contract, the City may (1) accept allocated performance from the Contractor, with respect to contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the contractual services that are the subject of delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.

5.28 PUBLIC ENTITY CRIMES

As required by Florida Statute 287.133(2)(a) in part, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be award or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO [$35,000] for a period of 36 months from the date of being placed on the convicted vendor list.

In accordance with Florida Statute 287.133(2)(b) a public entity may not award any contract to or transact any business in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal or reply from, award any contract to, or transact any business with any other person who is under the same, substantially the same, control as the person whose name appears on the convicted vendor list so long as that person’ name appears on the convicted vendor list.

In accordance with section 287.133, F.S., any person must notify the Department of Management Services within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person. Contractor must also notify the City of such conviction within 30 days of the conviction.

5.29 SCRUTINIZED COMPANY LIST

Pursuant to 287.135, F.S., in executing, or renewing this Contract, Contractor certifies that:

(a) For contracts for goods or services of $1 million or more, Contractor is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies in the Iran Petroleum Energy Sector List, and that Contractor does not have business operation in Cuba or Syria; and

(b) For contracts in any amount, Contractor is not on the Scrutinized Companies that Boycott Israel List or engaged in any boycott of Israel.

Pursuant to section 287.135(3) and (5), F.S., Contractor agrees that City may at its option terminate the Contract or file civil suit if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria during the term of the Contract.

5.30 DISCRIMINATORY VENDOR LIST

In accordance with section 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. In accordance with section 287.134(2)(b), F.S., a public entity may not award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not award any contract to, or transact any business with, any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity’s name appears on the discriminatory vendor list.

5.31 GIFTS FROM FOREIGN COMPANIES OF CONCERN

In accordance with section 286.101(3)(a), F.S., any entity that applies to a state agency or political subdivision for a grant or proposes a contract having a value of $100,000 or more shall disclose to the state agency or political subdivision any current or…