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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
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<br />1.33 LAWS AND REGULATIONS:
<br />
<br />The Contractor will give all notices and comply with all laws,
<br />ordinances, rules, and regulations applicable to the Work. If the
<br />Contractor observes that the Specifications are at variance
<br />therewith, they will give the City prompt written notice thereof,
<br />and any necessary changes shall be adjusted by an appropriate
<br />modification. If the Contractor performs any Work knowing it
<br />to be contrary to such laws, ordinances, rules and regulations,
<br />and without such notice to the City, they will bear all costs
<br />arising wherefrom.
<br />
<br />1.34 TAXES:
<br />
<br />The City of Sunny Isles Beach is exempt from sales tax imposed
<br />by the State and/or Federal Government. Florida Sales Tax
<br />Exemption No. 23-00-477131-54C appears on each purchase
<br />order. Exemption certificates are available upon request.
<br />
<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />
<br />In consideration of the separate sum of twenty-five dollars
<br />($25.00) and other valuable consideration, the Contractor shall
<br />defend, indemnify and hold harmless the City, its officers,
<br />agents and employees, from or on account of any injuries or
<br />damages, received or sustained by any person or persons during
<br />or on account of any operations connected with the Work
<br />described in the Contract Documents, or by or in consequence
<br />of any negligence in connection with the same; or by use of any
<br />improper materials or by or on account of any act or omission
<br />of the said Contractor or his Sub-Contractor, agents, servants or
<br />employees. The Contractor will defend, indemnify and hold
<br />harmless the City and their agents or employees from and
<br />against all claims, damages, losses and expenses including
<br />attorneys' fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or
<br />death, or to injury to or destruction of tangible property (other
<br />than Work itself) including the loss of use resulting wherefrom
<br />and (b) is caused in whole or in part by any negligent act or
<br />omission of the Contractor, Sub-Contractor, anyone directly or
<br />indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is
<br />caused by a party indemnified hereunder. In the event that a
<br />court of competent jurisdiction determines that Sec. 725.06 (2),
<br />F.S. is applicable to this Work, then in lieu of the above
<br />provisions of this section the parties agree that Contractor shall
<br />indemnify, defend and hold harmless the City, their officers and
<br />employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.S., which statutory provisions shall be deemed to be
<br />incorporated herein by reference as if fully set forth herein. In
<br />the event that any action or proceeding is brought against City
<br />by reason of any such claim or demand, Contractor, upon
<br />written notice from City shall defend such action or proceeding
<br />by counsel satisfactory to City. The indemnification provided
<br />above shall obligate Contractor to defend at its own expense or
<br />to provide for such defense, at City’s option, any and all claims
<br />of liability and all suits and actions of every name and
<br />description that may be brought against City, excluding only
<br />those which allege that the injuries arose out of the sole
<br />negligence of City, which may result from the operations and
<br />activities under this Contract whether the Work be performed
<br />by Contractor, its Sub-Contractors, or by anyone directly or
<br />indirectly employed by either.
<br />
<br />1.36 DECISIONS ON DISAGREEMENTS:
<br />
<br />The City will be the initial interpreter of the Technical
<br />Specifications.
<br />
<br />1.37 CITY MAY TERMINATE:
<br />
<br />Default. The occurrence of any one or more of the following
<br />events shall constitute a default by Tenant under the Lease:
<br />
<br />Cumulative Remedies. No remedy or election hereunder shall
<br />be deemed exclusive but shall, wherever possible, be
<br />cumulative with all other remedies provided in this Section or
<br />otherwise available at law or in equity.
<br />
<br />1.38 MISCELLANEOUS:
<br />
<br />Proposers acknowledge the following miscellaneous
<br />conditions:
<br />
<br />1.38.1 Whenever any provision of the Contract
<br />Documents requires the giving of written notice it
<br />shall be deemed to have been validly given if
<br />delivered in person to the individual or to a
<br />member of the firm or to an officer of the
<br />corporation for whom it is intended, or if delivered
<br />at or sent by registered or certified mail, postage
<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.
<br />
<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 injury or damage.
<br />
<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.
<br />
<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:
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<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
<br />Arbitrator shall be final and binding upon the parties and
<br />judgment upon the award rendered by the arbitrator may be
<br />entered in any court having jurisdiction. Arbitration shall be
<br />held in Miami-Dade County, Florida. All costs of arbitration and
<br />attorneys’ fees incurred by the parties shall be paid by the non-
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