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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 />material or system evaluation shall not be considered final until issuance of a written report,
<br />reviewed and signed by an Intertek qualified Reviewer. All final decisions on product certification
<br />are made by the Certification Manager. Intertek retains any and all rights of ownership of Intertek's
<br />concepts, ideas, inventions, patents or copyrights used by Intertek in preparing Intertek's Reports
<br />and the provision of services to the City. Only City is authorized to copy or distribute Intertek's
<br />Reports and then only in their entirety, subject to the requirements of Florida's Public Records
<br />Act. City further agrees and understands that reliance upon the Reports is limited to the
<br />representations made therein. Any use of the Intertek name or one of its marks for the sale or
<br />advertisement of the tested material, product or service must first be approved in writing by
<br />Intertek.
<br />8. AUDIT RIGHTS AND RETENTION OF RECORDS. City shall have the right to
<br />audit the books, records, and accounts of Contractor that are related to Services performed under
<br />this Agreement. Contractor 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 Contractor 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, Contractor,
<br />as applicable, shall make same available at no cost to City in written form.
<br />Contractor 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 Florida
<br />Public Records Act is not applicable, for a minimum period of three (3) years after termination of
<br />this Agreement. If any audit has been initiated and audit findings have not been resolved at the
<br />end of the retention period or three (3) years, whichever is longer, the books, records, and accounts
<br />shall be retained until resolution of the audit findings. If the Florida Public Records Act is
<br />determined by City to be applicable to Contractor's records, Contractor shall comply with all
<br />requirements thereof. Any incomplete or incorrect entry in such books, records, and accounts shall
<br />be a basis for City's disallowance and recovery of any payment upon such entry.
<br />9. PUBLIC ENTITY CRIME ACT. Contractor represents that the execution of this
<br />Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may
<br />be amended from time to time, which essentially provides that a person or affiliate who is a
<br />contractor, 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 be
<br />awarded or perform work as a contractor, supplier, or subcontractor under a contract with City,
<br />and may not transact any business with City in excess of the threshold amount provided in Section
<br />287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a
<br />period of 36 months from the date of being placed on the convicted vendor list. Violation of this
<br />section shall result in termination of this Agreement and recovery of all monies paid by City
<br />pursuant to this Agreement, and may result in debarment from City's competitive procurement
<br />activities.
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