|
ARTICLE XIV
<br />MISCELLANEOUS
<br />14.1 Governing Law/Jurisdiction/Venue
<br />14.1.1. The Contract shall be governed by the laws of the State of Florida. Except as set forth
<br />in Article 7, should the parties be involved in legal action arising under, or connected to, this
<br />Contract, each party will be responsible for its own attorneys' fees and costs. The venue for any
<br />litigation will be Miami -Dade County, Florida.
<br />14.2 Successors and Assigns
<br />14.2.1. The City and Contractor bind themselves, their successors, assigns and legal
<br />representatives to the other party hereto and to successors, assigns and legal representatives of
<br />such other party in respect to covenants, agreements and obligations contained in this Contract.
<br />The Contractor shall not assign this Contract without written consent of the City. As a condition to
<br />any assignment, the assignee shall agree in writing to comply with and be bound by all of the terms,
<br />covenants, conditions, provisions and agreements in this Contract.
<br />14.3 Public Construction Bond
<br />14.3.1. The Contractor shall furnish a Public Construction Bond to the City, to include
<br />payment and performance, in an amount not less than one hundred percent (100%) of the Contract
<br />Price. The bond furnished by the Contractor shall incorporate by reference the terms of the
<br />Contract as fully as though they were set forth verbatim in such bonds. In the event the Price is
<br />adjusted by Change Order executed by the Contractor, the penal sum of the bond shall be deemed
<br />increased by like amount. The bond furnished by the Contractor shall be in form required by the
<br />City and in conformity with Section 255.05, Florida Statutes, shall be recorded in the Public Records
<br />of Miami -Dade County before construction commences, and shall be executed by a surety, or
<br />sureties, reasonably suitable to the City.
<br />14.4 Non -Discrimination
<br />14.4.1. The Contractor agrees to comply with all local and state civil rights ordinances and
<br />with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as
<br />amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section
<br />504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
<br />Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended
<br />by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee
<br />or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex,
<br />disability or other handicap, age, marital/familial status, or status with regard to public assistance.
<br />The Contractor will take affirmative action to insure that all employment practices are free from
<br />such discrimination. Such employment practices include but are not limited to the following:
<br />hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
<br />rates of pay or other forms of compensation, and selection for training, including apprenticeship.
<br />Page 34 of 44
<br />
|