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<br />City of Sunny Isles Beach |Request for Proposal No. 22-02-01 8
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<br />1.38.1 Whenever any provision of the Contract Documents
<br />requires the giving of written notice it shall be deemed to
<br />have been validly given if delivered in person to the
<br />individual or to a member of the firm or to an officer of the
<br />corporation for whom it is intended, or if delivered at or
<br />sent by registered or certified mail, postage prepaid, to the
<br />last business address known to them who gives the notice.
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<br />1.38.2 The Contract Documents shall remain the property of the
<br />City. The Contractor shall have the right to keep one record
<br />set of the Contract Documents upon completion of the
<br />Project.
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<br />1.38.3 The duties and obligations imposed by these General
<br />Conditions, Special Conditions and Supplemental
<br />Conditions and the rights and remedies available
<br />hereunder, and, in particular but without limitation, the
<br />warranties, guarantees and obligations imposed upon
<br />Contractor and those in the Special Conditions and the
<br />rights and remedies available to the City, shall be in addition
<br />to, and shall not be construed in any way as a limitation of,
<br />any rights and remedies available by law, by special
<br />guarantee or by other provisions of the Contract
<br />Documents.
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<br />1.38.4 Should the City or the Contractor suffer injury or damage to
<br />its person or property because of any error, omission, or act
<br />of the other or of any of their employees or agents or others
<br />for whose acts they are legally liable, claim shall be made in
<br />writing to the other party within a reasonable time of the
<br />first observance of such injury or damage.
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<br />1.39 WAIVER OF JURY TRIAL:
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<br />City and Contractor knowingly, irrevocably voluntarily and intentionally
<br />waive any right either may have to a trial by jury in State or Federal Court
<br />proceedings in respect to any action, proceeding, lawsuit or counterclaim
<br />based upon the Contract Documents or the performance of the Work
<br />there under.
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<br />1.40 GOVERNING LAW:
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<br />The Contract shall be construed in accordance with and governed by the
<br />law of the State of Florida.
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<br />1.41 VENUE:
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<br />Venue of any action to enforce the Contract Documents shall be in Miami-
<br />Dade County, Florida.
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<br />1.42 ARBITRATION:
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<br />It is the intention of the parties that whenever possible, if a dispute or
<br />controversy arises hereunder then such dispute or controversy shall be
<br />settled by arbitration in accordance with the procedures, rules and
<br />regulations of the American Arbitration Association. The decision
<br />rendered by the Arbitrator shall be final and binding upon the parties and
<br />judgment upon the award rendered by the arbitrator may be entered in
<br />any court having jurisdiction. Arbitration shall be held in Miami-Dade
<br />County, Florida. All costs of arbitration and attorneys’ fees incurred by the
<br />parties shall be paid by the non-prevailing party or, if neither party prevails
<br />on the whole, each party shall be responsible for a portion of the costs of
<br />arbitration and their respective attorneys’ fees as may be determined by
<br />the court on confirmation.
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<br />1.43 RECORDS:
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<br />City shall have right to inspect and copy during regular business hours at
<br />City’s expense, the books and records and accounts of Contractor which
<br />relate in any way to the Work, and to any claim for additional
<br />compensation made by Contractor, and to conduct an audit of the financial
<br />and accounting records of Contractor which relate to the Work.
<br />Contractor shall retain and make available to City all such books and
<br />records and accounts, financial or otherwise, which relate to the Work and
<br />to any claim for a period of three years following final completion of the
<br />Work. During the term of the resultant Agreement and the three year
<br />period thereafter, Contractor shall provide City access to its books and
<br />records upon five days written notice.
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<br />1.44 SEVERABILITY:
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<br />If any provision of the Contract or the application thereof to any person or
<br />situation shall to any extent, be held invalid or unenforceable, the
<br />remainder of the Contract, and the application of such provisions to
<br />persons or situations other than those as to which it shall have been held
<br />invalid or unenforceable shall not be affected thereby, and shall continue
<br />in full force and effect, and be enforced to the fullest extent permitted by
<br />law.
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<br />1.45 INDEPENDENT CONTRACTOR:
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<br />The Contractor is an independent Contractor under the Contract. Services
<br />provided by the Contractor shall be by employees of the Contractor and
<br />subject to supervision by the Contractor, and not as officers, employees,
<br />or agents of the City. Personnel policies, tax responsibilities, social security
<br />and health insurance, employee benefits, purchasing policies and other
<br />similar administrative procedures, applicable to services rendered under
<br />the Contract shall be those of the Contractor.
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<br />1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES:
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<br />Pursuant to Florida Statutes Section 217.4725, contracting with any entity
<br />that is listed on the Scrutinized Companies that Boycott Israel List or that
<br />is engaged in the boycott of Israel is prohibited. Contractors must certify
<br />that the company is not participating in a boycott of Israel. Any contract
<br />for goods or services of One Million Dollars ($1,000,000) or more shall be
<br />terminated at the City’s option if it is discovered that the entity submitted
<br />false documents of certification, is listed on the Scrutinized Companies
<br />with Activities in Sudan List, the Scrutinized Companies with Activities in
<br />the Iran Petroleum Energy Sector List, or has been engaged in business
<br />operations in Cuba or Syria after July 1, 2018. Any contract entered into
<br />or renewed after July 1, 2018 shall be terminated at the City’s option if the
<br />company is listed on the Scrutinized Companies that Boycott Israel List or
<br />engaged in the boycott of Israel.
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<br />Contractors must submit the certification that is attached to this
<br />agreement. Submitting a false certification shall be deemed a material
<br />breach of contract. The City shall provide notice, in writing, to the
<br />Contractor of the City’s determination concerning the false certification.
<br />The Contractor shall have ninety (90) days following receipt of the notice
<br />to respond in writing and demonstrate that the determination was in
<br />error. If the Contractor does not demonstrate that the City’s determination
<br />of false certification was made in error, then the City shall have the right
<br />to terminate the contract and seek civil remedies pursuant to Florida
<br />Statute Section 215.4725.
<br />End of Section
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