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<br /> vNR' Y CITY,OF SUNNY ISLES'BEACH -- '
<br /> 18070 Collins Avenue-
<br /> . Sunny Isles Beach, Florida'33160„ D4 5 <Ff
<br /> 4 i � ,, , 305.947.0606 fz � e�
<br /> ,_ ,, vvww.sibfl.net
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<br /> s.._C»Y Of SUN/ ;
<br /> 1.42 ARBITRATION: 1.Keep and maintain public records as required by the Florida
<br /> Statutes.
<br /> It is the intention of the parties that whenever possible,if a dispute
<br /> or controversy arises hereunder then such dispute or controversy 2.Upon request from the City perk,provide the City of Sunny Isles
<br /> shall be settled by arbitration in accordance with the procedures, Beach with a copy of the requested records or allow the records to
<br /> rules and regulations of the American Arbitration Association. The be
<br /> decision rendered by the Arbitrator shall be final and binding upon inspected or copied within a reasonable time at a cost that does
<br /> the parties and judgment upon the award rendered by the arbitrator not exceed the cost provided in the applicable Florida Statutes.
<br /> may be entered in any court having jurisdiction. Arbitration shall be
<br /> held in Miami-Dade County, Florida. All costs of arbitration and 3. Ensure that public records that are exempt or confidential and
<br /> attorneys'fees incurred by the parties shall be paid by the non- exempt from public records disclosure requirements are not
<br /> prevailing party or,if neither party prevails on the whole,each party disclosed except as authorized by law for the duration of the contract
<br /> shall be responsible for a portion of the costs of arbitration and their term and following completion of the contract if the contractor does
<br /> respective attorneys'fees as may be determined by the court on not transfer the records to the public agency.Upon completion of
<br /> confirmation. the contract,transfer,at no cost to the City all public records in
<br /> possession of the contractor or keep and maintain the public records
<br /> 1.43 PROJECT RECORDS: as required by the Florida Statutes.
<br /> City shall have right to inspect and copy during regular business IF THE CONTRACTOR HAS QUESTIONS
<br /> hours at City's expense, the books and records and accounts of
<br /> Contractor which relate in any way to the Project,and to any claim REGARDING THE APPLICATION OF
<br /> for additional compensation made by Contractor,and to conduct an
<br /> audit of the financial and accounting records of Contractor which CHAPTER 119, FLORIDA STATUTES, TO
<br /> relate to the Project. Contractor shall retain and make available to
<br /> City all such books and records and accounts,financial or otherwise, THE SUCCESSFUL PROPOSER'S DUTY TO
<br /> which relate to the Project and to any claim for a period of three
<br /> years following final completion of the Project. During the Project PROVIDE PUBLIC RECORDS RELATING
<br /> and the three year period following final completion of the Project,
<br /> Contractor shall provide City access THIS AGREEMENT,to its books and records upon , CONTACT THE
<br /> five days written notice. CUSTODIAN OF PUBLIC RECORDS AT
<br /> 0 1.44 SEVERABILITY: CITY OF SUNNY ISLES BEACH 18070
<br /> If any provision of the Contract or the application thereof to any COLLINS AVENUE, SUNNY ISLES BEACH,
<br /> person or situation shall to any extent, be held invalid or
<br /> unenforceable,the remainder of the Contract,and the application of FL 33160.THE CITY CLERK'S OFFICE MAY
<br /> such provisions to persons or situations other than those as to which
<br /> it shall have been held invalid or unenforceable shall not be affected BE CONTACTED BY PHONE AT(305)792-
<br /> thereby,and shall continue in full force and effect,and be enforced
<br /> to the fullest extent permitted by law. 1703 OR VIA EMAIL AT
<br /> 1.45 INDEPENDENT CONTRACTOR; MBetancur@sibfl.net.
<br /> The Contractor is an independent Contractor under the Contract. 1.48 NON-DISCRIMINATION
<br /> Services provided by the Contractor shall be by employees of the
<br /> Contractor and subject to supervision by the Contractor,and not as An entity or affiliate who has been placed on the discriminatory
<br /> officers,employees,or agents of the Gty. Personnel policies,tax vendor list may not submit a Bid on a Contract to provide goods and
<br /> responsibilities, social security and health insurance, employee services to a public entity,may not submit a Bid on a Contract with
<br /> benefits, purchasing policies and other similar administrative
<br /> procedures,applicable to services rendered under the Contract shall a public entity for the construction or repair of a building or public
<br /> be those of the Contractor. work, may not submit Bids on leases of real property to a public
<br /> entity, may not award or perform work as a contractor,supplier,
<br /> 1.47 CONTRACTOR COMPLIANCE WITH PUBLIC RECORDS LAW subcontractor or consultant under any Contract with any public
<br /> entity,and may not transact business with any public entity.
<br /> Contractor agrees to comply with public records laws.This includes
<br /> but is not limited to: •
<br /> End of Section
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<br /> . . .City of Sianny' ies-:Beath !invitation,to:Bid No.19,01=01 9;, R
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