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CITY OF F SUNNY ISLES BEACH • 18070 Collins Avenue Sunny Isles_Beach, Florida 33160sNy'scF 305.947.0606 ►.0 • tr. www.sibfl.net d. n u Q !+ D...FLOP% 54'P C' 'or su' Pao 01?Fl:t1,1 • „ rte. T, prevailing party or,if neither party prevails on the whole,each party 1.44 SEVERABILITY: shall be responsible for a portion of the costs of arbitration and their respective attorneys'fees as may be determined by the court on If any provision of the Contract or the application thereof to any confirmation. person or situation shall to any extent, be held invalid or unenforceable,the remainder of the Contract,and the application of 1.43 PROJECT RECORDS: such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected City shall have right to inspect and copy during regular business thereby,and shall continue in full force and effect,and be enforced hours at City's expense, the books and records and accounts of to the fullest extent permitted by law. Contractor which relate in any way to the Project,and to any claim for additional compensation made by Contractor,and to conduct an 1.45 INDEPENDENT CONTRACTOR: audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to The Contractor is an independent Contractor under the Contract. City all such books and records and accounts,financial or otherwise, Services provided by the Contractor shall be by employees of the which relate to the Project and to any daim for a period of three Contractor and subject to supervision by the Contractor,and not as years following final completion of the Project. During the Project officers,employees,or agents of the City. Personnel policies,tax and the three year period following final completion of the Project, responsibilities, social security and health insurance, employee Contractor shall provide City access to its books and records upon benefits, purchasing policies and other similar administrative five days written notice. procedures,applicable to services rendered under the Contract shall be those of the Contract. 1.46 PUBLIC RECORDS LAW Pursuant to Florida Statute 119.07,public records may be inspected and examined by anyone desiring to do so,at a reasonable time, under reasonable conditions,and under supervision by the custodian of the public record.Sealed Bids and Proposals become subject to this statute,notwithstanding bidders'or proposers'requests to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after bid or proposal opening, whichever is earlier.Financial statements submitted in response to a request by the City are confidential,and exempt from disdosure. Data processing software obtained under a licensing agreement which prohibits its disclosure is also exempt. Bidders are hereby notified and agree that all information submitted as part of,or in support of bid submittals will be available for public inspection after opening of bids in compliance with Chapter 119 of the Florida Statutes.The bidder shall not submit any information in response to this invitation which the bidder considers to be a trade secret, proprietary or confidential.The submission of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection,which would otherwise be available to the bidder.In the event that the bidder submits information to the City in violation of this restriction,either inadvertently or intentionally and dearly identifies that information in the bid as protected or confidential,the City shall endeavor to redact and return that information to the bidder as quickly as possible,and if appropriate,evaluate the balance of the bid.The redaction or return of information pursuant to this clause may render a bid non-responsive. END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 17-02-01 9