|
any rights of the City against the Contractor then may be entered in any court having jurisdiction. Arbitration shall be
<br />existing or which may thereafter accrue. Any retention held in Miami-Dade County, Florida. All costs of arbitration and
<br />or payment of moneys by the City due the Contractor attorneys’ fees incurred by the parties shall be paid by the non-
<br />will not release the Contractor from liability. prevailing party or, if neither party prevails on the whole, each party
<br />shall be responsible for a portion of the costs of arbitration and their
<br />1.37.2Upon ten (10) days written notice to the Contractor, respective attorneys’ fees as may be determined by the court on
<br />the City may, without cause (termination for confirmation.
<br />convenience) and without prejudice to any other right
<br />or remedy, elect to terminate the Agreement. In such 1.43 PROJECT RECORDS:
<br />case, the Contractor shall be paid for all Work executed
<br />and accepted by the City as of the date of the City shall have right to inspect and copy during regular business
<br />termination. No payment shall be made for profit for hours at City’s expense, the books and records and accounts of
<br />Work which has not been performed. Contractor which relate in any way to the Project, and to any claim
<br /> for additional compensation made by Contractor, and to conduct an
<br /> audit of the financial and accounting records of Contractor which
<br />1.38 MISCELLANEOUS: relate to the Project. Contractor shall retain and make available to
<br />City all such books and records and accounts, financial or otherwise,
<br />Proposers acknowledge the following miscellaneous conditions: which relate to the Project and to any claim for a period of three
<br /> years following final completion of the Project. During the Project
<br />1.38.1 Whenever any provision of the Contract Documents and the three year period following final completion of the Project,
<br />requires the giving of written notice it shall be deemed Contractor shall provide City access to its books and records upon
<br />to have been validly given if delivered in person to the five days written notice.
<br />individual or to a member of the firm or to an officer of
<br />the corporation for whom it is intended, or if delivered 1.44 SEVERABILITY:
<br />at or sent by registered or certified mail, postage
<br />prepaid, to the last business address known to them If any provision of the Contract or the application thereof to any
<br />who gives the notice. person or situation shall to any extent, be held invalid or
<br /> unenforceable, the remainder of the Contract, and the application of
<br />1.38.2 The Contract Documents shall remain the property of such provisions to persons or situations other than those as to which
<br />the City. The Contractor shall have the right to keep it shall have been held invalid or unenforceable shall not be affected
<br />one record set of the Contract Documents upon thereby, and shall continue in full force and effect, and be enforced
<br />completion of the Project. to the fullest extent permitted by law.
<br />
<br />1.38.3 The duties and obligations imposed by these General 1.45 INDEPENDENT CONTRACTOR:
<br />Conditions, Special Conditions and Supplemental
<br />Conditions and the rights and remedies available The Contractor is an independent Contractor under the Contract.
<br />Services provided by the Contractor shall be by employees of the
<br />hereunder, and, in particular but without limitation, the
<br />Contractor and subject to supervision by the Contractor, and not as
<br />warranties, guarantees and obligations imposed upon
<br />Contractor and those in the Special Conditions and the officers, employees, or agents of the City. Personnel policies, tax
<br />rights and remedies available to the City, shall be in responsibilities, social security and health insurance, employee
<br />addition to, and shall not be construed in any way as a benefits, purchasing policies and other similar administrative
<br />limitation of, any rights and remedies available by law, procedures, applicable to services rendered under the Contract shall
<br />by special guarantee or by other provisions of the be those of the Contractor.
<br />Contract Documents.
<br /> 1.46 PROHIBITION AGAINST CONTRACTING WITH
<br />1.38.4 Should the City or the Contractor suffer injury or SCRUTINIZED COMPANIES:
<br />damage to its person or property because of any error,
<br />Pursuant to Florida Statutes Section 287.135, and subject to limited
<br />omission, or act of the other or of any of their
<br />exceptions contained therein, a company is ineligible to, and may
<br />employees or agents or others for whose acts they are
<br />not, bid on, submit a proposal for, or enter into or renew a contract
<br />legally liable, claim shall be made in writing to the other
<br />party within a reasonable time of the first observance with an agency or local governmental entity for goods or services if
<br />of such in jury or damage. at the time of bidding, submitting a proposal for, or entering into or
<br /> renewing a contract, the company is on the Scrutinized Companies
<br />1.39 WAIVER OF JURY TRIAL: that Boycott Israel List or is engaged in the boycott of Israel.
<br />Contractors must certify that the company is not participating in a
<br />City and Contractor knowingly, irrevocably voluntarily and boycott of Israel. Any contract for goods or services of One Million
<br />intentionally waive any right either may have to a trial by jury in Dollars ($1,000,000) or more shall be terminated at the City’s option
<br />State or Federal Court proceedings in respect to any action, if it is discovered that the company submitted a false certification, or
<br />proceeding, lawsuit or counterclaim based upon the Contract at the time of bidding, submitting a proposal for, or entering into or
<br />Documents or the performance of the Work there under. renewing a contract, is listed on the Scrutinized Companies with
<br />Activities in Sudan List, the Scrutinized Companies with Activities in
<br />1.40GOVERNING LAW:the Iran Terrorism Sectors List, created pursuant to Florida Statute
<br />Section 215.473, or is or has been engaged in business operations
<br />The Contract shall be construed in accordance with and governed by in Cuba or Syria, after July 1, 2018. Any contract entered into or
<br />the law of the State of Florida.
<br />renewed after July 1, 2018 shall be terminated at the City’s option if
<br />
<br />the company is listed on the Scrutinized Companies that Boycott
<br />1.41 VENUE:
<br />Israel List or engaged in the boycott of Israel.
<br />Venue of any action to enforce the Contract Documents shall be in 1.47 Prohibition Against Considering Social, Political or
<br />Miami-Dade County, Florida. Ideological Interests In Government Contracting
<br />
<br />1.42 ARBITRATION: Bidders are hereby notified of the provisions of section
<br />287.05701, Florida Statutes, as amended, that the City will
<br />It is the intention of the parties that whenever possible, if a dispute not request documentation of or consider a Bidder's social,
<br />or controversy arises hereunder then such dispute or controversy political, or ideological interests when determining if the
<br />shall be settled by arbitration in accordance with the procedures, Bidder is a responsible Bidder. Bidders are further notified
<br />rules and regulations of the American Arbitration Association. The that the City's governing body may not give preference to a Bidder
<br />decision rendered by the Arbitrator shall be final and binding upon based on the Bidder's social, political, or ideological interests.
<br />the parties and judgment upon the award rendered by the arbitrator
<br />End of Section
<br />
<br />
|