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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />prepaid, to the last business address known to
<br />them who gives the notice.
<br />
<br />1.38.2 The Contract Documents shall remain the property
<br />of the City. The Contractor shall have the right to
<br />keep one record set of the Contract Documents
<br />upon completion of the Project.
<br />
<br />1.38.3 The duties and obligations imposed by these
<br />General Conditions, Special Conditions and
<br />Supplemental Conditions and the rights and
<br />remedies available hereunder, and, in particular
<br />but without limitation, the warranties, guarantees
<br />and obligations imposed upon Contractor and
<br />those in the Special Conditions and the rights and
<br />remedies available to the City, shall be in addition
<br />to, and shall not be construed in any way as a
<br />limitation of, any rights and remedies available by
<br />law, by special guarantee or by other provisions of
<br />the Contract Documents.
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<br />1.38.4 Should the City or the Contractor suffer injury or
<br />damage to its person or property because of any
<br />error, omission, or act of the other or of any of their
<br />employees or agents or others for whose acts they
<br />are legally liable, claim shall be made in writing to
<br />the other party within a reasonable time of the first
<br />observance of such in jury or damage.
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<br />1.39 WAIVER OF JURY TRIAL:
<br />
<br />City and Contractor knowingly, irrevocably voluntarily and
<br />intentionally waive any right either may have to a trial by jury in
<br />State or Federal Court proceedings in respect to any action,
<br />proceeding, lawsuit or counterclaim based upon the Contract
<br />Documents or the performance of the Work there under.
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<br />1.40 GOVERNING LAW:
<br />
<br />The Contract shall be construed in accordance with and
<br />governed by the law of the State of Florida.
<br />
<br />1.41 VENUE:
<br />
<br />Venue of any action to enforce the Contract Documents shall be
<br />in Miami-Dade County, Florida.
<br />
<br />1.42 ARBITRATION:
<br />
<br />It is the intention of the parties that whenever possible, if a
<br />dispute or controversy arises hereunder then such dispute or
<br />controversy shall be settled by arbitration in accordance with
<br />the procedures, rules and regulations of the American
<br />Arbitration Association. The decision rendered by the Arbitrator
<br />shall be final and binding upon the parties and judgment upon
<br />the award rendered by the arbitrator may be entered in any
<br />court having jurisdiction. Arbitration shall be held in Miami-
<br />Dade County, Florida. All costs of arbitration and attorneys’ fees
<br />incurred by the parties shall be paid by the non-prevailing party
<br />or, if neither party prevails on the whole, each party shall be
<br />responsible for a portion of the costs of arbitration and their
<br />respective attorneys’ fees as may be determined by the court
<br />on 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
<br />claim for additional compensation made by Contractor, and to
<br />conduct an audit of the financial and accounting records of
<br />Contractor which relate to the Project. Contractor shall retain
<br />and make available to City all such books and records and
<br />accounts, financial or otherwise, which relate to the Project and
<br />to any claim for a period of three years following final
<br />completion of the Project. During the Project and the three year
<br />period following final completion of the Project, Contractor
<br />shall provide City access to its books and records upon five days
<br />written notice.
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<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
<br />application of such provisions to persons or situations other
<br />than those as to which it shall have been held invalid or
<br />unenforceable shall not be affected thereby, and shall continue
<br />in full force and effect, and be enforced to the fullest extent
<br />permitted by law.
<br />
<br />1.45 INDEPENDENT CONTRACTOR:
<br />
<br />The Contractor is an independent Contractor under the
<br />Contract. Services provided by the Contractor shall be by
<br />employees of the Contractor and subject to supervision by the
<br />Contractor, and not as officers, employees, or agents of the City.
<br />Personnel policies, tax responsibilities, social security and
<br />health insurance, employee benefits, purchasing policies and
<br />other similar administrative procedures, applicable to services
<br />rendered under the Contract shall be those of the Contractor.
<br />
<br />1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES:
<br />
<br />Pursuant to Florida Statutes Section 287.135, and subject to
<br />limited exceptions contained therein, a company is ineligible to,
<br />and may not, bid on, submit a proposal for, or enter into or
<br />renew a contract with an agency or local governmental entity
<br />for goods or services if at the time of bidding, submitting a
<br />proposal for, or entering into or renewing a contract, the
<br />company is on the Scrutinized Companies that Boycott Israel List
<br />or is engaged in the boycott of Israel. Contractors must certify
<br />that the company is not participating in a boycott of Israel. Any
<br />contract for goods or services of One Million Dollars
<br />($1,000,000) or more shall be terminated at the City’s option if
<br />it is discovered that the company submitted a false certification,
<br />or at the time of bidding, submitting a proposal for, or entering
<br />into or renewing a contract, is listed on the Scrutinized
<br />Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Terrorism Sectors List,
<br />created pursuant to Florida Statute Section 215.473, or is or has
<br />been engaged in business operations in Cuba or Syria, after July
<br />1, 2018. Any contract entered into or renewed after July 1, 2018
<br />shall be terminated at the City’s option if the company is listed
<br />on the Scrutinized Companies that Boycott Israel List or engaged
<br />in the boycott of Israel.
<br />
<br />Contractors must submit the certification that is attached to this
<br />agreement. Submitting a false certification shall be deemed a
<br />material breach of contract. The City shall provide notice, in
<br />writing, to the Contractor of the City’s determination
<br />concerning the false certification. The Contractor shall have
<br />ninety (90) days following receipt of the notice to respond in
<br />writing and demonstrate that the determination was in error. If
<br />the Contractor does not demonstrate that the City’s
<br />determination of false certification was made in error, then the
<br />City shall have the right to terminate the contract and seek civil
<br />remedies pursuant to Florida Statute Section 215.4725.
<br />
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<br />1.47 Prohibition Against Considering Social, Political or
<br /> Ideological Interests in Government Contracting
<br />
<br />Bidders are hereby notified of the provisions of section
<br />287.05701, Florida Statutes, as amended, that the City will not
<br />request documentation of or consider a Bidder's social, political,
<br />or ideological interests when determining if the Bidder is a
<br />responsible Bidder. Bidders are further notified that the City's
<br />governing body may not give preference to a Bidder based on
<br />the Bidder's social, political, or ideological interests.
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