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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />prevailing party or, if neither party prevails on the whole, each
<br />party shall be responsible for a portion of the costs of arbitration
<br />and their respective attorneys’ fees as may be determined by
<br />the court on confirmation.
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<br />1.43 PROJECT RECORDS:
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<br />City shall have right to inspect and copy during regular business
<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
<br />claim for additional compensation made by Contractor, and to
<br />conduct an audit of the financial and accounting records of
<br />Contractor which relate to the Project. Contractor shall retain
<br />and make available to City all such books and records and
<br />accounts, financial or otherwise, which relate to the Project and
<br />to any claim for a period of three years following final
<br />completion of the Project. During the Project and the three year
<br />period following final completion of the Project, Contractor
<br />shall provide City access to its books and records upon five days
<br />written notice.
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<br />1.44 SEVERABILITY:
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<br />If any provision of the Contract or the application thereof to any
<br />person or situation shall to any extent, be held invalid or
<br />unenforceable, the remainder of the Contract, and the
<br />application of such provisions to persons or situations other
<br />than those as to which it shall have been held invalid or
<br />unenforceable shall not be affected thereby, and shall continue
<br />in full force and effect, and be enforced to the fullest extent
<br />permitted by law.
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<br />1.45 INDEPENDENT CONTRACTOR:
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<br />The Contractor is an independent Contractor under the
<br />Contract. Services provided by the Contractor shall be by
<br />employees of the Contractor and subject to supervision by the
<br />Contractor, and not as officers, employees, or agents of the City.
<br />Personnel policies, tax responsibilities, social security and
<br />health insurance, employee benefits, purchasing policies and
<br />other similar administrative procedures, applicable to services
<br />rendered under the Contract shall be those of the Contractor.
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<br />1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES:
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<br />Pursuant to Florida Statutes Section 287.135, and subject to
<br />limited exceptions contained therein, a company is ineligible to,
<br />and may not, bid on, submit a proposal for, or enter into or
<br />renew a contract with an agency or local governmental entity
<br />for goods or services if at the time of bidding, submitting a
<br />proposal for, or entering into or renewing a contract, the
<br />company is on the Scrutinized Companies that Boycott Israel List
<br />or is engaged in the boycott of Israel. Contractors must certify
<br />that the company is not participating in a boycott of Israel. Any
<br />contract for goods or services of One Million Dollars
<br />($1,000,000) or more shall be terminated at the City’s option if
<br />it is discovered that the company submitted a false certification,
<br />or at the time of bidding, submitting a proposal for, or entering
<br />into or renewing a contract, is listed on the Scrutinized
<br />Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Terrorism Sectors List,
<br />created pursuant to Florida Statute Section 215.473, or is or has
<br />been engaged in business operations in Cuba or Syria, after July
<br />1, 2018. Any contract entered into or renewed after July 1, 2018
<br />shall be terminated at the City’s option if the company is listed
<br />on the Scrutinized Companies that Boycott Israel List or engaged
<br />in the boycott of Israel.
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<br />Contractors must submit the certification that is attached to this
<br />agreement. Submitting a false certification shall be deemed a
<br />material breach of contract. The City shall provide notice, in
<br />writing, to the Contractor of the City’s determination
<br />concerning the false certification. The Contractor shall have
<br />ninety (90) days following receipt of the notice to respond in
<br />writing and demonstrate that the determination was in error. If
<br />the Contractor does not demonstrate that the City’s
<br />determination of false certification was made in error, then the
<br />City shall have the right to terminate the contract and seek civil
<br />remedies pursuant to Florida Statute Section 215.4725.
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<br />1.47 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
<br /> IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
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<br />Bidders are hereby notified of the provisions of section
<br />287.05701, Florida Statutes, as amended, that the City will not
<br />request documentation of or consider a Bidder's social, political,
<br />or ideological interests when determining if the Bidder is a
<br />responsible Bidder. Bidders are further notified that the City's
<br />governing body may not give preference to a Bidder based on
<br />the Bidder's social, political, or ideological interests.
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<br />End of Section
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