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CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />the City and the Contractor shall be the same as if the The Contract shall be construed in accordance with and
<br />termination had been issued pursuant to this document. governed by the law of the State of Florida.
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<br />1.48 VENUE:
<br />1.44.1 Where the Contractor’s services have been so
<br />terminated by the City said termination shall
<br />not affect any rights of the City against the Venue of any action to enforce the Contract Documents
<br />Contractor then existing or which may shall be in Miami-Dade County, Florida.
<br />thereafter accrue. Any retention or payment of
<br />
<br />moneys by the City due the Contractor will not 1.49 PROJECT RECORDS:
<br />release the Contractor from liability.
<br /> City shall have right to inspect and copy during regular
<br />1.44.2 Upon ten (10) days written notice to the business hours at City’s expense, the books and records
<br />Contractor, the City may, without cause and and accounts of Contractor which relate in any way to the
<br />without prejudice to any other right or remedy, Project, and to any claim for additional compensation made
<br />elect to terminate the Agreement. In such by Contractor, and to conduct an audit of the financial and
<br />case, the Contractor shall be paid for all Work accounting records of Contractor which relate to the
<br />executed and accepted by the City as of the Project. Contractor shall retain and make available to City
<br />date of the termination. No payment shall be all such books and records and accounts, financial or
<br />made for profit for Work which has not been otherwise, which relate to the Project and to any claim for
<br />performed.a period of three years following final completion of the
<br /> Project. During the Project and the three year period
<br />1.45 MISCELLANEOUS:
<br />following final completion of the Project, Contractor shall
<br />provide City access to its books and records upon five days
<br />Bidders acknowledge the following miscellaneous written notice.
<br />conditions:
<br /> 1.50 SEVERABILITY:
<br />1.45.1 Whenever any provision of the Contract
<br />Documents requires the giving of written notice If any provision of the Contract or the application thereof
<br />it shall be deemed to have been validly given if to any person or situation shall to any extent, be held
<br />delivered in person to the individual or to a invalid or unenforceable, the remainder of the Contract,
<br />member of the firm or to an officer of the and the application of such provisions to persons or
<br />corporation for whom it is intended, or if
<br />situations other than those as to which it shall have been
<br />delivered at or sent by registered or certified held invalid or unenforceable shall not be affected thereby,
<br />mail, postage prepaid, to the last business and shall continue in full force and effect, and be enforced
<br />address known to them who gives the notice. to the fullest extent permitted by law.
<br />
<br />1.45.2 The Contract Documents shall remain the 1.51 INDEPENDENT CONTRACTOR:
<br />property of the City. The Contractor shall have
<br />the right to keep one record set of the Contract The Contractor is an independent Contractor under the
<br />Documents upon completion of the Project. Contract. Services provided by the Contractor shall be by
<br /> employees of the Contractor and subject to supervision by
<br />the Contractor, and not as officers, employees, or agents
<br />1.45.3 The duties and obligations imposed by these
<br />General Conditions, Special Conditions and of the City. Personnel policies, tax responsibilities, social
<br />Supplemental Conditions and the rights and security and health insurance, employee benefits,
<br />remedies available hereunder, and, in purchasing policies and other similar administrative
<br />particular but without limitation, the procedures, applicable to services rendered under the
<br />Contract shall be those of the Contractor.
<br />warranties, guarantees and obligations
<br />imposed upon Contractor and those in the
<br />Special Conditions and the rights and remedies 1.52 SUBCONTRACTORS:
<br />available to the City, shall be in addition to, and
<br />shall not be construed in any way as a No Subcontracting or use of a temporary labor force is
<br />permitted for this Contract, without the city’s written
<br />limitation of, any rights and remedies available
<br />by law, by special guarantee or by other acknowledgement. No more than 30% of the scope of
<br />provisions of the Contract Documents. work should be sub-contracted out. The City may permit
<br /> subcontracting for specialized landscape maintenance
<br />1.45.4 Should the City or the Contractor suffer injury services that are not within the basic scope of services for
<br />or damage to its person or property because of this Contract. In said special circumstances, the Contractor
<br />any error, omission, or act of the other or of must obtain the prior written approval of the City before
<br />any of their employees or agents or others for subcontracting any portion of specialized grounds
<br />whose acts they are legally liable, claim shall maintenance work.
<br />
<br />be made in writing to the other party within a
<br />reasonable time of the first observance of such 1.53 CONSULTANT SERVICES:
<br />injury or damage.
<br /> The City, at its sole discretion may hire a Consultant who
<br />1.46 WAIVER OF JURY TRIAL: may serve the City’s representative for the Project. Where
<br />a Consultant has been identified, the Consultant and the
<br />Project Manager will both have authority to act on behalf
<br />City and Contractor knowingly, irrevocably voluntarily and
<br />intentionally waive any right either may have to a trial by of the City to the extent provided in the Contract
<br />jury in State or Federal Court proceedings in respect to any Documents and as outlined in Article 1.54, Authority of the
<br />action, proceeding, lawsuit or counterclaim based upon the Project Manager, where such authority has been delegated
<br />in writing by City Manager.
<br />Contract Documents or the performance of the Work there
<br />
<br />under.
<br />1.54 AUTHORITY OF THE PROJECT MANAGER(S):
<br />1.47 GOVERNING LAW:
<br />City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 11
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