Agenda Cover Memorandum for 02/ - City of West Palm Beach

12.15 No Discrimination in Employment. First Onsite shall not discriminate against any
employee or applicant for employment to be employed in the performance of this Agreement,
with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter
directly or indirectly related to employment, or in the provision of Services under this
Agreement, because of race, religion, color, sex, disability, national origin, ancestry, age,
disability, familial status, marital status, sexual orientation, gender identity or expression, or any
other factor which cannot be lawfully used as a basis for service delivery or employment.
12.16 Representations and Warranties.
a. First Onsite represents and warrants that it and its representatives
providing services hereunder: (i) are not currently excluded, debarred, or otherwise ineligible to
participate in the Federal health care programs as defined in 42 U.S.C. Section 1320a-7b(f) (the
“Federal health care programs”); (ii) are not convicted of a criminal offense related to the
provision of health care items or services but have not yet been excluded, debarred or otherwise
declared ineligible to participate in the Federal health care programs, and (iii) are not under
investigation or otherwise aware of any circumstances which may result in the party or any of its
representatives being excluded from participation in the Federal health care programs. This will
be an ongoing representation and warranty during the term of this Agreement and First Onsite
will immediately notify the City of any change in status of the representation and warranty set
forth in this section. Any breach of this Section will give the City the right to immediately
terminate this Agreement for cause.
b. First Onsite represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
c. First Onsite warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for First Onsite, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for First Onsite, any fee,
commission, percentage, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement. In the event of a breach or violation of this provision by
First Onsite, the City shall have the right to terminate the Agreement without liability and, at its
discretion, to deduct from the fee, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
d. First Onsite represents that the execution of this Agreement will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that First
Onsite and its subcontractors, if any, under this Agreement have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within 36 months from the date of submitting a proposal for this Agreement or entering into this
Agreement. Violation of this section may result in termination of this Agreement and recovery
of all monies paid hereto, and may result in debarment from City’s competitive procurement
activities.
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