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<br />City of Sunny Isles Beach |Request for Proposal No. 22-00-00 8 <br /> <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. <br /> <br />1.39 WAIVER OF JURY TRIAL: <br /> <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. <br /> <br />1.40 GOVERNING LAW: <br /> <br />The Contract shall be construed in accordance with and governed by <br />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 in <br />Miami-Dade County, Florida. <br /> <br /> <br />1.42 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 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. <br /> <br />1.43 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 />1.44 INDEPENDENT FIRM: <br /> <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. <br /> <br />1.45 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED <br />COMPANIES: <br /> <br /> <br />Pursuant to Florida Statutes Section 217.4725, contracting with any <br />entity that is listed on the Scrutinized Companies that Boycott Israel <br />List or that is engaged in the boycott of Israel is prohibited. <br />Contractors must certify that the company is not participating in a <br />boycott of Israel. Any contract for goods or services of One Million <br />Dollars ($1,000,000) or more shall be terminated at the City’s <br />option if it is discovered that the entity submitted false documents <br />of certification, is listed on the Scrutinized Companies with Activities <br />in Sudan List, the Scrutinized Companies with Activities in the Iran <br />Petroleum Energy Sector List, or has been engaged in business <br />operations in Cuba or Syria after July 1, 2018. Any contract entered <br />into or renewed after July 1, 2018 shall be terminated at the City’s <br />option if the company is listed on the Scrutinized Companies that <br />Boycott Israel List or engaged 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 writing, <br />to the Contractor of the City’s determination concerning the false <br />certification. The Contractor shall have ninety (90) days following <br />receipt of the notice to respond in writing and demonstrate that the <br />determination was in error. If the Contractor does not demonstrate <br />that the City’s determination of false certification was made in error, <br />then the City shall have the right to terminate the contract and seek <br />civil remedies pursuant to Florida Statute Section 215.4725. <br /> <br /> <br /> <br /> End of Section