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<br />City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 20 <br /> <br /> <br />As compensation due to the City for loss of use and for additional costs incurred by the City due to <br />such non-completion of the work, the City shall have the right to deduct the said liquidated <br />damages from any amount due, or that may become due to the Contractor under this agreement, <br />or to invoice the Contractor for such damages if the costs incurred exceed the amount due to the <br />Contractor. <br /> <br />2.30 FRAUD AND MISREPRESENTATION <br /> <br />The City may terminate this Contract based on any attempt by the Contractor to meet its <br /> contractual obligations with the City through fraud, misrepresentation or material misstatement. <br /> Should this occur the Contractor will be responsible for all direct or indirect costs associated with <br /> termination or cancellation of the Contract. <br /> <br />2.31 BACKGROUND CHECKS <br /> <br />The successful Firm will be responsible for hiring the necessary personnel to conduct the specified <br />services and will comply with all federal, state, and local laws related to minimum wage, social <br />security, nondiscrimination, Americans with Disabilities Act (“ADA”), unemployment compensation, <br />and workers’ compensation. All staff assigned to this contract shall be required, at their sole cost <br />and expense, to pass a criminal background check prior to award of the contract. The criminal <br />background check shall consist of a Florida Department of Law Enforcement (“FDLE”) Florida Crime <br />Information Center/National Crime Information Center (“FCIC/NCIC”) criminal records check. Any <br />employee not meeting this requirement will not be permitted to work at any City facility. <br /> <br />2.32 PUBLIC RECORDS LAW <br /> <br />The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of <br />confidentiality or proprietary information in all or any portion of a response will be honored unless <br />a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed <br />exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges the <br />public shall have access at all reasonable times, to all documents and information pertaining to <br />City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow <br />access by the City and the public to all documents subject to disclosures under applicable law. <br /> <br />To the extent that Contractor has been provided access to or has received security sensitive <br />information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential <br />Information Acknowledgement and Agreement as part of the ITB process, Contractor shall keep <br />and maintain the security sensitive information as confidential and exempt from public disclosures <br />as required by Florida Statutes. <br /> <br />IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC <br />RECORDS RELATING TO THIS AGREEMENT, CONTACT THE