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2019-145
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2019-145
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Last modified
12/27/2019 2:16:12 PM
Creation date
10/17/2019 11:27:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/10/2019
Control Number
2019-145
Agenda Item Number
8.U.
Entity Name
Witt O’Brien’s, LLC
Subject
FEMA Public Assistance Consulting Services, RFP 2019060
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DocuSign Envelope ID: 6544BE3B-3425-435F-B8AB-D3833382ABB7 <br />use a Client's logo and/or trademark, in any promotional materials of Consultant. Consultant shall include <br />a trademark attribution notice giving notice of the Client's ownership of its trademarks in the marketing <br />materials in which Client's name and logo appear. <br />34. Termination. This Agreement may be terminated for convenience at any time by either Party provided <br />the requesting Party provides the other with 30 days written notice. If either Party fails to perform any of <br />its duties or obligation or shall violate any of the prohibitions imposed upon it under this Agreement, or <br />shall be dissolved or be adjudged bankrupt or shall have a petition in bankruptcy filed against it, or shall <br />make a general assignment for the benefit of creditors, or if a receiver shall be appointed for a Party, the <br />other Party may terminate this Agreement, without prejudice to any other rights or claims which it may <br />have under this Agreement, on written notice to the other Party and fifteen (15) business days <br />opportunity to cure such breach. In any event, Client shall pay all fees due and expenses incurred for <br />Services rendered through the date of termination. <br />Additionally, termination clauses applicable to Section 287.135 and 215.473, Florida Statute apply to the <br />contract as follows. Consultant certifies that it and those related entities of Consultant as defined by <br />Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 <br />of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for <br />goods or services of one million dollars or more, Consultant certifies that it and those related entities of <br />Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or <br />the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to <br />Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. <br />Client may terminate this Contract if Consultant is found to have submitted a false certification as <br />provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with <br />Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector <br />List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida <br />Statutes. <br />Client may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned <br />subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been <br />placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth <br />in section 215.4725, Florida Statutes. <br />35. FEMA Clauses. If applicable to the Services provided by Consultant under this Agreement, Consultant <br />shall comply with FEMA Clauses set forth in Appendix C. <br />36. Public Records Compliance. Client is a public agency subject to Chapter 119, Florida Statutes. The <br />Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: <br />(1) Keep and maintain public records required by the Client to perform the service. <br />(2) Upon request from the Client's Custodian of Public Records, provide the Client with a copy of the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost that <br />does not exceed the cost provided in Chapter 119 or as otherwise provided by law. <br />(3) Ensure that public records that are exempt or confidential and exempt from public records <br />disclosure requirements are not disclosed except as authorized by law for the duration of the contract <br />term and following completion of the contract if the contractor does not transfer the records to the Client. <br />(4) Upon completion of the contract, transfer, at no cost, to the Client all public records in possession <br />of the Consultant or keep and maintain public records required by the Client to perform the service. If the <br />Consultant transfers all public records to the Client upon completion of the contract, the Consultant shall <br />destroy any duplicate public records that are exempt or confidential and exempt from public records <br />disclosure requirements. If the Consultant keeps and maintains public records upon completion of the <br />contract, the Consultant shall meet all applicable requirements for retaining public records. All records <br />PSA w/ FEMA Clauses Page 6 of 13 <br />
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