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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947 -0606 phone (305) 949 -3113 Fax
<br />8. AUDIT RIGHTS AND RETENTION OF RECORDS. City shall have the right to
<br />audit the books, records, and accounts of Consultant that are related to Services performed under
<br />this Agreement. Consultant shall keep such book, records and accounts as may be necessary in
<br />order to record complete and correct entries related to Services performed under this Agreement.
<br />All books, records, and accounts of Consultant shall be kept in written form, or in a form capable
<br />of conversion into written form within a reasonable time, and upon request to do so, Consultant,
<br />as applicable, shall make same available at no cost to City in written form.
<br />Consultant shall preserve and make available, at reasonable times for examination and audit by
<br />City, all financial records, supporting documents, statistical records, and any other documents
<br />pertinent to this Agreement for the required retention period of the Florida Public Records Act,
<br />Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the
<br />Florida Public Records Act is not applicable, for a minimum period of three (3) years after
<br />termination of this Agreement. If any audit has been initiated and audit findings have not been
<br />resolved at the end of the retention period or three (3) years, whichever is longer, the books,
<br />records, and accounts shall be retained until resolution of the audit findings. If the Florida Public
<br />Records Act is determined by City to be applicable to Consultant's records, Consultant shall
<br />comply with all requirements thereof. Any incomplete or incorrect entry in such books, records,
<br />and accounts shall be a basis for City's disallowance and recovery of any payment upon such
<br />entry.
<br />9. PUBLIC ENTITY CRIME ACT. Consultant represents that the execution of this
<br />Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as
<br />may be amended from time to time, which essentially provides that a person or affiliate who is a
<br />consultant, or other provider, and who has been placed on the convicted vendor list following a
<br />conviction for a public entity crime may not submit a bid on a contract to provide any goods or
<br />services to City, may not submit a bid on a contract with City for the construction or repair of a
<br />public building or public work, may not submit bids on leases of real property to City, may not
<br />be awarded or perform work as a consultant, supplier, or subcontractor under a contract with
<br />City, and may not transact any business with City in excess of the threshold amount provided in
<br />Section 287.017, Florida Statutes, as may be amended from time to time, for category two
<br />purchases for a period of 36 months from the date of being placed on the convicted vendor list.
<br />Violation of this section shall result in termination of this Agreement and recovery of all monies
<br />paid by City pursuant to this Agreement, and may result in debarment from City's competitive
<br />procurement activities.
<br />In addition to this foregoing, Consultant further represents that there has been no determination
<br />that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime"
<br />and that it has not been formally charged with committing an act defined as a "public entity
<br />crime" regardless of the amount of money involved or whether Consultant has been placed on
<br />the convicted vendor list.
<br />10. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
<br />work being performed under this Agreement, procure and maintain the following minimum
<br />C1314 -035 THE WE1TZ COMPANY 4
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