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<br />City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 9 <br /> <br />respective attorneys’ fees as may be determined by the court on <br />confirmation. <br /> <br />1.43 PROJECT RECORDS: <br /> <br />City shall have right to inspect and copy during regular business <br />hours at City’s expense, the books and records and accounts of <br />Contractor which relate in any way to the Project, and to any claim <br />for additional compensation made by Contractor, and to conduct an <br />audit of the financial and accounting records of Contractor which <br />relate to the Project. Contractor shall retain and make available to <br />City all such books and records and accounts, financial or otherwise, <br />which relate to the Project and to any claim for a period of three <br />years following final completion of the Project. During the Project <br />and the three year period following final completion of the Project, <br />Contractor shall provide City access to its books and records upon <br />five days written notice. <br /> <br />1.44 SEVERABILITY: <br /> <br />If any provision of the Contract or the application thereof to any <br />person or situation shall to any extent, be held invalid or <br />unenforceable, the remainder of the Contract, and the application of <br />such provisions to persons or situations other than those as to which <br />it shall have been held invalid or unenforceable shall not be affected <br />thereby, and shall continue in full force and effect, and be enforced <br />to the fullest extent permitted by law. <br /> <br />1.45 INDEPENDENT CONTRACTOR: <br /> <br />The Contractor is an independent Contractor under the Contract. <br />Services provided by the Contractor shall be by employees of the <br />Contractor and subject to supervision by the Contractor, and not as <br />officers, employees, or agents of the City. Personnel policies, tax <br />responsibilities, social security and health insurance, employee <br />benefits, purchasing policies and other similar administrative <br />procedures, applicable to services rendered under the Contract shall <br />be those of the Contractor. <br /> <br /> <br />1.46 FORCE MAJEURE <br /> <br /> <br />The Agreement which is awarded to the successful Contractor may <br />provide that the performance of any act by the City or Contractor <br />hereunder may be delayed or suspended at any time while, but only <br />so long as, either party is hindered in or prevented from performance <br />by acts of God, the elements, war, rebellion, strikes, lockouts or any <br />cause beyond the reasonable control of such party, provided <br />however, the City shall have the right to provide substitute service <br />from third parties or City forces and in such event the City shall <br />withhold payment due Contractor for such period of time. If the <br />condition of force majeure exceeds a period of 14 days the City may, <br />at its option and discretion, cancel or renegotiate the Agreement. <br /> <br /> <br />End of Section <br />