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<br />City of Sunny Isles Beach |Request for Qualifications No. 16-06-01 8
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<br />1.38.2 The Contract Documents shall remain the property of
<br />the City. The Firm shall have the right to keep one
<br />record set of the Contract Documents upon completion
<br />of the 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 />Firm and those in the Special Conditions and the rights
<br />and remedies available to the City, shall be in addition
<br />to, and shall not be construed in any way as a limitation
<br />of, 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 Firm suffer injury or damage to
<br />its person or property because of any error, omission,
<br />or act of the other or of any of their employees or
<br />agents or others for whose acts they are legally liable,
<br />claim shall be made in writing to the other party within
<br />a reasonable time of the first observance of such injury
<br />or damage.
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<br />1.39 WAIVER OF JURY TRIAL:
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<br />City and Firm knowingly, irrevocably voluntarily and intentionally
<br />waive any right either may have to a trial by jury in State or Federal
<br />Court proceedings in respect to any action, proceeding, lawsuit or
<br />counterclaim based upon the Contract Documents or the
<br />performance of the Work there under.
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<br />1.40 GOVERNING LAW, VENUEAND WAIVER OF JURY TRIAL:
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<br />It is agreed that this Agreement shall be governed by, construed and
<br />enforced in accordance with the laws of the State of Florida. In the
<br />event it becomes necessary for either party to initiate legal action
<br />regarding this Agreement venue shall be in the Eleventh Judicial
<br />Circuit in and for Miami Dade County, Florida, for any claims under
<br />state law and in the Southern District of Florida, Miami Division, for
<br />any claims brought in federal court. If either party utilizes such legal
<br />action, including appeals, if necessary, to enforce this Agreement,
<br />the prevailing party shall be entitled to recover its reasonable
<br />attorney’s fees and costs at the pretrial, trial and appellate levels.
<br />Each of the parties hereto hereby knowingly, voluntarily and
<br />intentionally, waives the right which any party may have to a jury
<br />trial in respect of any action, proceeding, litigation or counterclaim
<br />based hereon or arising out of, under, on or in connection with this
<br />Agreement or any course of conduct, course of dealing, statements
<br />(whether verbal or written) or actions of either of party
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<br />1.41 PROJECT RECORDS:
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<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 Firm
<br />which relate in any way to the Work, and to any claim for additional
<br />compensation made by Firm, and to conduct an audit of the financial
<br />and accounting records of Firm which relate to the Work. Firm shall
<br />retain and make available to City all such books and records and
<br />accounts, financial or otherwise, which relate to the Work and to any
<br />claim for a period of three years following final completion of the
<br />Work. During the Work and the three-year period following final
<br />completion of the Work, Firm shall provide City access to its books
<br />and records upon five days written notice.
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<br />1.42 SEVERABILITY:
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<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.
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<br />1.43 INDEPENDENT FIRM:
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<br />The Firm is an independent contractor under the Contract. Services
<br />provided by the Firm shall be by employees of the Firm and subject
<br />to supervision by the Firm, and not as officers, employees, or agents
<br />of the City. Personnel policies, tax responsibilities, social security
<br />and 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 Firm.
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<br />End of Section
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