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<br />City of Sunny Isles Beach |Request for Qualifications No. 20-10-01 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 />GOVERNING LAW:
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<br />The Contract shall be construed in accordance with and governed by
<br />the 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
<br />Miami-Dade County, Florida.
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<br />1.42 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 />1.43 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 />1.44 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 />1.45 PROHIBITION AGAINST CONTINGENT FEES
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<br />(a) Each contract entered into by the agency for professional
<br />services must contain a prohibition against contingent fees as
<br />follows: “The architect (or registered surveyor and mapper or
<br />professional engineer, as applicable) warrants that he or she has not
<br />employed or retained any company or person, other than a bona fide
<br />employee working solely for the architect (or registered surveyor and
<br />mapper, or professional engineer, as applicable) to solicit or secure
<br />this agreement and that he or she has not paid or agreed to pay any
<br />person, company, corporation, individual, or firm, other than a bona
<br />fide employee working solely for the architect (or registered surveyor
<br />and mapper or professional engineer, as applicable) any fee,
<br />commission, percentage, gift, or other consideration contingent upon
<br />or resulting from the award or making of this agreement.” For the
<br />breach or violation of this provision, the agency shall have the right
<br />to terminate the agreement without liability and, at its discretion, to
<br />deduct from the contract price, or otherwise recover, the full amount
<br />of such fee, commission, percentage, gift, or consideration.
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<br />(b) Any individual, corporation, partnership, firm, or company,
<br />other than a bona fide employee working solely for an architect,
<br />professional engineer, or registered land surveyor and mapper, who
<br />offers, agrees, or contracts to solicit or secure agency contracts for
<br />professional services for any other individual, company, corporation,
<br />partnership, or firm and to be paid, or is paid, any fee, commission,
<br />percentage, gift, or other consideration contingent upon, or resulting
<br />from, the award or the making of a contract for professional services
<br />shall, upon conviction in a competent court of this state, be found
<br />guilty of a first degree misdemeanor, punishable as provided in s.
<br />775.082 or s. 775.083.(c) Any architect, professional engineer, or
<br />registered surveyor and mapper, or any group, association,
<br />company, corporation, firm, or partnership thereof, who offers to
<br />pay, or pays, any fee, commission, percentage, gift, or other
<br />consideration contingent upon, or resulting from, the award or
<br />making of any agency contract for professional services shall, upon
<br />conviction in a state court of competent authority, be found guilty of
<br />a first degree misdemeanor, punishable as provided in s. 775.082 or
<br />s. 775.083.(d) Any agency official who offers to solicit or secure, or
<br />solicits or secures, a contract for professional services and to be paid,
<br />or is paid, any fee, commission, percentage, gift, or other
<br />consideration contingent upon the award or making of such a
<br />contract for professional services between the agency and any
<br />individual person, company, firm, partnership, or corporation shall,
<br />upon conviction by a court of competent authority, be found guilty
<br />of a first degree misdemeanor, punishable as provided in s. 775.082
<br />or s. 775.083.
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<br />1.46 NEWS RELEASES
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<br />The firm shall obtain the prior approval of the City Manager’s Office
<br />of all news releases or other publicity pertaining to this RFQ, the
<br />service, or project to which it relates.
<br />End of Section
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