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<br />4. ACCESS TO FINANCIAL RECORDS: During the term of this Agreement, and for
<br />3 (three) years following expiration or termination of this Agreement, the City, at all reasonable
<br />times, shall be granted access to all files, books, and records (to include any correspondence,
<br />documents, papers, accounts, tapes, discs, and accounting records or other evidence pertaining to
<br />costs incurred) applicable to this Agreement in the custody and possession of the Consultant.
<br />The Consultant shall make all such records and materials available in their respective office(s) at
<br />all reasonable times for inspection by the City or by any other authorized representative of the
<br />City and copies shall be furnished at no cost to the City if requested. These rights and duties
<br />survive expiration or termination of this Agreement.
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<br />5. INDEPENDENT CONSULTANT RELATIONSHIP: It is understood and agreed that
<br />nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other
<br />association, or an employer/employee relationship between the Consultant and the City.
<br />Consultant shall be in the relation of an independent Consultant and is to have entire charge,
<br />control and supervision of the work to be performed hereunder.
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<br />6. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
<br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br />contemplated under this Agreement.
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<br />Specifically, Consultant shall comply with all applicable conflict of interest prOVISIOns as
<br />provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles
<br />Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16,
<br />Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for
<br />violation of the above-referenced ethical standards.
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<br />7. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to
<br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br />representatives, officers, directors, officials and employees from and against claims, damages,
<br />losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br />appellate proceedings) relating to, arising out of or resulting from any acts, errors, mistakes or
<br />omissions of Consultant, or any of its officers, employees, servants, agents or subcontractor, in
<br />the performance of this Agreement.
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<br />The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
<br />representatives, officers, directors, officials and employees shall arise in connection with any
<br />claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br />injury to impairment, or destruction of tangible property including loss of use resulting
<br />therefrom, caused by any acts, errors, mistakes or omissions related to Consultant's
<br />performance of this Agreement including its officers, employees, servants, agents or
<br />subcontractors, or any other person for whose acts, errors, mistakes or omissions the Consultant
<br />may be legally liable.
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<br />C091O- 019 RMPK FUNDING INC. AGREEMENT
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