EXPLANATION OF REQUEST:
The contract addenda which are attached to this agenda item have been created to comply with a new Florida law. These addenda are for existing City contracts. During this past legislative session, the Florida Legislature passed House Bill 545, which became Chapter Law 2018-52, Laws of Florida when it was signed by Governor Scott on March 22, 2018. This new law, which became effective on July 1, 2018, prohibits the City from contracting with companies who fail to certify that they are not on the Scrutinized Companies that Boycott Israel or that are engaged in a boycott of Israel (the “Israel List”), for goods or services in any amount. Effective, July 1, 2018, Chapter Law 2018-52, Laws of Florida, prohibits the City from contracting with companies on the Israel List for any goods or services, regardless of the amount.
Scrutinized Companies
§ 287.135, Florida Statutes, currently prohibits the City from contracting or renewing an agreement for goods or services of $1 million or more with a company that is:
- On the Scrutinized Companies that Boycott Israel List (the “Israel List”);
- That is engaged in a boycott of Israel;
- On the Scrutinized Companies with Activities in Sudan List; or,
- On the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (collectively known as the “Scrutinized Companies”).
A company that submits a bid or proposal for, or enters into, or renews any contract with the City must provide a written certification that the company is not participating in a boycott of Israel or is otherwise on the list of Scrutinized Companies. Additionally, any contact or agreement entered into or renewed on or after July 1, 2018, must contain a provision that allows for the termination of the contract, at the City’s option, if the company is placed on the Israel List or is engaged in a boycott of Israel.
The addenda which are attached to this agenda item contain the necessary language to comply with the new Florida “scrutinized company” law described above.