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 within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY. Notwithstanding, it is understood that at all times CONTRACTOR’s work papers shall remain the sole property of the CONTRACTOR and are not subject to the terms of this Agreement. D. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the City Manager, at no cost to the CITY, within seven (7) days. All such records stored electronically by the CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the parties agree and it is understood that the CONTRACTOR will maintain a copy of any information, confidential or otherwise, necessary to support its work product generated as a result of its engagement for services, solely for reference and archival purposes in accordance with all applicable professional standards, which will remain subject to the obligations of confidentiality herein. E. Any compensation due to the CONTRACTOR shall be withheld until all records are received as provided herein. F. The CONTRACTOR’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER: (305) 792-1703, CityClerk@sibfl.net, 18070 th Collins Avenue, 4Floor, Sunny Isles Beach, Florida 33160. 22.9ORDER OF PRECEDENCE In the event there is a conflict between the agreement, the ITB, CONTRACTOR’s response, or scope of work, the order of precedence shall be this agreement, the ITB, and the CONTRACTOR’s response. The CITY expressly rejects any additional terms or conditions not consistent with the terms herein. ARTICLE 23 E-VERIFY 23.1 Pursuant to Section 448.095(2), Florida Statutes, the CONTRACTOR must: A. Register with and use the E-Verify system to verify the work authorization status of all newly PAGE 36OF 38