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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
<br />by law, by special guarantee or by other provisions
<br />of the Contract Documents.
<br />
<br />1.38.4 Should the City or the Awarded Firm suffer injury
<br />or 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 in jury or damage.
<br />
<br />1.39 WAIVER OF JURY TRIAL:
<br />
<br />City and the Awarded Firm knowingly, irrevocably voluntarily
<br />and intentionally waive any right either may have to a trial by
<br />jury in State or Federal Court proceedings in respect to any
<br />action, proceeding, lawsuit or counterclaim based upon the
<br />Contract Documents or the performance of the Work there
<br />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: It is the intention of the parties that whenever
<br />possible, if a dispute or controversy arises hereunder then such
<br />dispute or controversy shall be settled by arbitration in
<br />accordance with the procedures, rules and regulations of the
<br />American 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-
<br />prevailing party or, if neither party prevails on the whole, each
<br />party shall be responsible for a portion of the costs of arbitration
<br />and their respective attorneys’ fees as may be determined by
<br />the court on confirmation.
<br />
<br />1.43 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
<br />the Awarded Firm which relate in any way to the Project, and to
<br />any claim for additional compensation made by the Awarded
<br />Firm, and to conduct an audit of the financial and accounting
<br />records of the Awarded Firm which relate to the Project. The
<br />Awarded Firm shall retain and make available to City all such
<br />books and records and accounts, financial or otherwise, which
<br />relate to the Project and to any claim for a period of three years
<br />following final completion of the Project. During the Project and
<br />the three year period following final completion of the Project,
<br />the Awarded Firm shall provide City access to its books and
<br />records upon five days written notice.
<br />
<br />1.44 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
<br />application of such provisions to persons or situations other
<br />than those as to which it shall have been held invalid or
<br />unenforceable shall not be affected thereby, and shall continue
<br />in full force and effect, and be enforced to the fullest extent
<br />permitted by law.
<br />
<br />1.45 INDEPENDENT CONTRACTOR:
<br />
<br />The Awarded Firm is an independent Contractor under the
<br />Contract. Services provided by the Awarded Firm shall be by
<br />employees of the Awarded Firm and subject to supervision by
<br />the Awarded Firm, and not as officers, employees, or agents of
<br />the City. Personnel policies, tax responsibilities, social security
<br />and health insurance, employee benefits, purchasing policies
<br />and other similar administrative procedures, applicable to
<br />services rendered under the Contract shall be those of the
<br />Awarded Firm.
<br />
<br />1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES:
<br />
<br />Pursuant to Florida Statutes Section 287.135, and subject to
<br />limited exceptions contained therein, a company is ineligible to,
<br />and may not, bid on, submit a proposal for, or enter into or
<br />renew a contract with an agency or local governmental entity
<br />for goods or services if at the time of bidding, submitting a
<br />proposal for, or entering into or renewing a contract, the
<br />company is on the Scrutinized Companies that Boycott Israel List
<br />or is engaged in the boycott of Israel. Contractors must certify
<br />that the company is not participating in a boycott of Israel. Any
<br />contract for goods or services of One Million Dollars
<br />($1,000,000) or more shall be terminated at the City’s option if
<br />it is discovered that the company submitted a false certification,
<br />or at the time of bidding, submitting a proposal for, or entering
<br />into or renewing a contract, is listed on the Scrutinized
<br />Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Terrorism Sectors List,
<br />created pursuant to Florida Statute Section 215.473, or is or has
<br />been engaged in business operations in Cuba or Syria, after July
<br />1, 2018. Any contract entered into or renewed after July 1, 2018
<br />shall be terminated at the City’s option if the company is listed
<br />on the Scrutinized Companies that Boycott Israel List or engaged
<br />in the boycott of Israel.
<br />
<br />Awarded Firms must submit the certification that is attached to
<br />the resulting agreement. Submitting a false certification shall be
<br />deemed a material breach of contract. The City shall provide
<br />notice, in writing, to the Awarded Firm of the City’s
<br />determination concerning the false certification. The Awarded
<br />Firm shall have ninety (90) days following receipt of the notice
<br />to respond in writing and demonstrate that the determination
<br />was in error. If the Awarded Firm does not demonstrate that the
<br />City’s determination of false certification was made in error,
<br />then the City shall have the right to terminate the contract and
<br />seek civil remedies pursuant to Florida Statute Section
<br />215.4725.
<br />
<br />1.47 Prohibition Against Considering Social, Political or
<br /> Ideological Interests In Government Contracting
<br />
<br />Proposers are hereby notified of the provisions of section
<br />287.05701, Florida Statutes, as amended, that the City will not
<br />request documentation of or consider a Proposer’s social,
<br />political, or ideological interests when determining if the
<br />Proposer is a responsible Proposer. Proposers are further
<br />notified that the City's governing body may not give preference
<br />to a Proposer based on the Proposer’s social, political, or
<br />ideological interests.
<br />
<br />1.48 Compliance with Anti-Human Trafficking Laws
<br />The Awarded Firm must submit the Affidavit that is attached to
<br />the resulting agreement that the Awarded Firm does not use
<br />coercion for labor or services as defined in Section 787.06,
<br />Florida Statutes. (Source: § 787.06 (13), Florida Statutes –
<br />Human Trafficking). Submitting a false certification shall be
<br />deemed a material breach of contract.
<br />
<br />End of Section
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