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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 Consultant does not <br /> transfer the records to the City. <br /> (iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all <br /> public records in possession of the Consultant or keep and maintain public records required by the <br /> City to perform the service. If the Consultant transfers all public records to the City upon <br /> completion of the contract, the Consultant shall destroy any duplicate public records that are <br /> exempt or confidential and exempt from public records disclosure requirements. If the Consultant <br /> keeps and maintains public records upon completion of the contract, the Consultant shall meet all <br /> applicable requirements for retaining public records. All records stored electronically must be <br /> provided by Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER <br /> 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC <br /> RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF <br /> PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, <br /> Sunny Isles Beach, Florida 331 <br /> ARTICLE 41. 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 42. SUCCESSORS AND ASSIGNS <br /> 42.1 The performance of this Agreement shall not be transferred, pledged, sold, delegated,or <br /> assigned, in whole or in part, by the Contractor without the express written consent of the City. It • <br /> is understood that a sale of the majority of the stock or partnership shares of the Contractor, a <br /> merger or bulk sale, an assignment for the benefit of creditors shall each be deemed <br /> transactions that would constitute an assignment or sale hereunder requiring prior City <br /> approval. <br /> 42.2 The Contractor's services are unique in nature and any transference without City <br /> approval shall be cause for the City to nullify this Agreement. Any assignment without the <br /> City's consent shall be null and void. The Contractor shall have no recourse from such <br /> cancellation. The City may require bonding, other security, certified financial statements and tax <br /> returns from any proposed assignee and the execution of an assignment/assumption <br /> agreement in a form satisfactory to the City Attorney as a condition precedent to considering <br /> approval of an assignment. <br /> 23 <br />