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<br />8
<br />
<br />SOUTH FLORIDA WATER MANAGEMENT DISTRICT
<br />EXlllBIT "B"
<br />GENERAL TERMS AND CONDITIONS
<br />
<br />ARTICLE 8 - STANDARDS OF
<br />COMPLIANCE
<br />
<br />8.1 The CITY, its employees, subcontractors or
<br />assigns, shall comply with all applicable federal, state,
<br />and local laws and regulations relating to the
<br />performance of this AGREEMENT. The DISTRICT
<br />undertakes no duty to ensure such compliance, but will
<br />attempt to advise the CITY, upon request, as to any
<br />such laws of which it has present knowledge.
<br />
<br />8.2 The CITY hereby assures that no person shall
<br />be discriminated against on the grounds of race,
<br />color, creed, national origin, handicap, age, or sex, in
<br />any activity under this AGREEMENT. The CITY
<br />shall take all measures necessary to effectuate these
<br />assurances.
<br />
<br />8.3 The laws of the State of Florida shall govern all
<br />aspects of this AGREEMENT. In the event it is '.
<br />necessary for either party to initiate legal action
<br />regarding this AGREEMENT, venue shall be in the
<br />Fifteenth Judicial Circuit for claims under state law and
<br />in the Southern DISTRICT of Florida for any claims
<br />which are justiciable in federal court.
<br />
<br />8.4 The CITY, by its execution of this
<br />AGREEMENT, acknowledges and attests that neither
<br />it, nor any of its suppliers, subcontractors, or
<br />consultants who shall perform work which is intended
<br />to benefit the DISTRICT is a convicted vendor or, if
<br />the CITY or any affiliate of the CITY has been
<br />convicted of a public entity crime, a period longer than
<br />36 months has passed since that person was placed on
<br />the convicted vendor list. The CITY further
<br />understands and accepts that this AGREEMENT shall
<br />be either void by the DISTRICT or subject to
<br />immediate termination by the DISTRICT, in the event
<br />there is any misrepresentation or lack of compliance
<br />with the mandates of Section 287.133, Florida Statutes.
<br />The DISTRICT, in the event of such termination,
<br />shall not incur any liability to the CITY for any work
<br />or materials furnished.
<br />
<br />8.5 The CITY shall be responsible and liable for
<br />the payment of all of its FICA/Social Security and
<br />other applicable taxes resulting from this
<br />AGREEMENT.
<br />
<br />8.6 The CITY warrants that it has not employed or
<br />retained any person, other than a bona fide employee
<br />working solely for the CITY, to solicit or secure this
<br />AGREEMENT. Further the CITY warrants that is
<br />has not paid or agreed to pay any person, other than a
<br />bona fide employee working solely for the CITY, any
<br />fee, commission, percentage, gift, or other
<br />consideration contingent upon or resulting from the
<br />awarding or making of this AGREEMENT. For
<br />breach of this provision, the DISTRICT may terminate
<br />this AGREEMENT without liability and, at its
<br />discretion, deduct or otherwise recover the full amount
<br />of such fee, commission, percentage, gift, or other
<br />consideration.
<br />
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<br />
<br />8.7- The CITY shall allow public access to all
<br />project documents and materials in accordance with the
<br />, provisions of Chapter 119, Florida Statutes. Should the
<br />CITY assert any exemptions to the requirements of
<br />Chapter 119 and related Statutes, the burden of
<br />establishing such exemption, by way of injunctive or
<br />other relief as provided by law, shall be upon the
<br />CITY.
<br />
<br />8.7.1 Pursuant to Sections 119.07(3)(0), and
<br />240.241 Florida Statutes, data processing software
<br />obtained by an agency under a license
<br />AGREEMENT which prohibits its disclosure and
<br />which software is a trade secret, as defined in
<br />Sections 812.081(c), Florida Statutes is exempt from
<br />the disclosure provisions of the Public Records law.
<br />However, the parties hereto agree that if a request is
<br />made of the DISTRICT, pursuant to Chapter 119,
<br />Florida Statute, for public disclosure of proprietary
<br />property being licensed to the CITY (Licensee)
<br />hereunder, the DISTRICT shall advise the CITY
<br />(Licensee) of such request and, as between the
<br />DISTRICT and the CITY (Licensee), it shall be the
<br />CITY's (Licensee's) sole burden and responsibility
<br />to immediately seek and obtain such injunctive or
<br />other relief from the Courts and to immediately serve
<br />notice of the same upon the Licensor to protect the
<br />Licensor's claimed exemption under the Statute.
<br />
<br />8.8 The CITY shall make reasonable efforts to
<br />obtain any necessary federal, state, local, and other
<br />governmental approvals, as well as all necessary
<br />
<br />Page 5 of 8, Exhibit "B"
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<br />Contract File:\City.doc 02/12/02
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