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ARTICLE 45. INDEPENDENT CONTRACTOR <br /> Contractor is an independent contractor under this Agreement. Services provided by Contractor or <br /> on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of <br /> Contractor. In providing such services, neither Contractor nor its agents shall act as officers, <br /> employees, or agents of the City. Contractor further understands that Florida Workers' <br /> Compensation benefits available to employees of the City are not available to Contractor, and <br /> agrees to provide workers' compensation insurance for any employee, or entity working for the <br /> Contractor rendering services to the City under this Agreement. This Agreement shall not <br /> constitute or make the parties a partnership or joint venture. <br /> ARTICLE 46. PUBLIC RECORDS <br /> The Contractor shall be required to comply with the following requirements under Florida's Public <br /> Records Law: <br /> (i.) Contractor shall keep and maintain public records required by the City to perform the <br /> service. <br /> (ii.) Upon request from the City, Contractor shall provide the City with a copy of the <br /> requested records or allow the records to be inspected or copied within a reasonable time at a cost <br /> that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided <br /> by law. <br /> (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt <br /> from public records disclosure requirements are not disclosed except as authorized by law for the <br /> duration of the contract term and following completion of the contract if the Contractor does not <br /> transfer the records to the City. <br /> (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all <br /> public records in possession of the Contractor or keep and maintain public records required by the <br /> City to perform the service. If the Contractor transfers all public records to the City upon <br /> completion of the contract, the Contractor shall destroy any duplicate public records that are <br /> exempt or confidential and exempt from public records disclosure requirements. If the Contractor <br /> keeps and maintains public records upon completion of the contract, the Contractor shall meet all <br /> applicable requirements for retaining public records. All records stored electronically must be <br /> provided by Contractor to the City, upon request from the City, in a format that is compatible with <br /> the information technology systems of the City. <br /> IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br /> APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br /> CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br /> TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC <br /> RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, <br /> 4th Floor, Sunny Isles Beach, Florida 33160. <br /> C6154-1617-038-EBSARY FOUNDATION CO. 25 S U <br />