RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND

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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and North Miami Beach Distribution System Watermain Replacements bedelegatedorassignedtoanyotherpersonorfirm.Violationoftheterms ofthis Paragraph shall constitute a material breach of Agreement by the CONTRACTOR and the CITY any, at its discretion, cancel this Agreement and all rights, title and interest of the CONTRACTOR which shall immediately cease and terminate. 22.3 The CONTRACTOR and its employees, volunteers and agents shall be and remain an independent CONTRACTORs and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be constructed to create a partnership, association or any other kind of joint undertaking or venture between the Parties. 22.4 The CITY reserves the right to audit the records of the CONTRACTOR relating in any way to the Work to be performed pursuant to this Agreement at any time during the performance and term of this Agreement and for a period of three (3) years after completion and acceptance by the CITY. If required by the CITY, the CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by the CITY. The CONTRACTOR shall allow the CITY to inspect, examine and review the records of the CONTRACTOR at any and all times during normal business hours during the term of this Agreement. 22.5 The remedies expressly provided in this Agreement to the CITY shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of the CITY now or later existing at law or in equity. 22.6 Should any part, term or provisions of this Agreement be decided by the courts to be invalid, illegal or in conflict with any state or federal law, the validity of the remaining portion or provision shall not be affected. 22.7 The CONTRACTOR understands the CITY is subject to Florida’s Public Records Act, Chapter 119, Florida Statutes, and that any such books, records, documents and data maintained by the CITY are public records unless expressly exempted by general law. CONTRACTOR agrees that all documents and advertisements maintained and generated pursuant to this Agreement shall be subject to all provisions of Chapter 119, Florida Statutes. It is further understood that any report, tracing, plan, map or other work product, without limitation, given by CITY to CONTRACTOR pursuant to this Agreement shall at all times remain the property of CITY, shall be returned to CITY, and shall not be used by CONTRACTOR for any other purpose without the written consent of the CITY. CONTRACTOR shall comply with the requirements of Florida Statutes 119.071 to the extent applicable to CONTRACTOR as stated below: A.Keep and maintain public records in the CONTRACTOR’s possession or control in connection withthe CONTRACTOR’s performance under this Agreement. The CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. B. Upon request from the CITY’s custodian of public records, the CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied PAGE 35OF 38