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CITY OFSUNNY ISLES BEACH 18070 Collins.Avenue Sunny Isles Beoch, Florida 33160DE SJµNY/stip 305.947.0606 www.sibfl.net .•tt(1.4.. 7, 4111 �- D�• o'10 rt0 ', c''Y of sol" City as of the effective date of the termination. No Court proceedings in respect to any action,proceeding,lawsuit or payment shall be made for lost profit or any other counterclaim based upon the Contract Documents or the consequential damages for Work that has not been performance of the Work there under. performed regardless of whether Firm is terminated with or without cause. 1.40 GOVERNING LAW: 1.38 MISCELLANEOUS: The Contract shall be construed in accordance with and governed by the law of the State of Florida. Firm acknowledge the following miscellaneous conditions: 1.41 VENUE: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed Venue of any action to enforce the Contract Documents shall be in to have been validly given if delivered in person to the Miami-Dade County,Florida. individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail, postage 1.42 PROJECT RECORDS: prepaid,to the last business address known to them who gives the notice. City shall have right to inspect and copy during regular business hours at City's expense,the books and records and accounts of Arm 1.38.2 The Contract Documents shall remain the property of which relate in any way to the Work,and to any claim for additional the City. The Arm shall have the right to keep one compensation made by Arm,and to conduct an audit of the financial record set of the Contract Documents upon completion and accounting records of Firm which relate to the Work. Arm shall of the Project. retain and make available to City all such books and records and accounts,financial or otherwise,which relate to the Work and to any 1.38.3 The duties and obligations imposed by these General claim for a period of three years following final completion of the Conditions, Special Conditions and Supplemental Work. During the Work and the three-year period following final Conditions and the rights and remedies available completion of the Work,Arm shall provide City access to its books hereunder,and,in particular but without limitation,the and records upon five days written notice. warranties,guarantees and obligations imposed upon Arm and those in the Special Conditions and the rights 1.43 SEVERABILITY: and remedies available to the City,shall be in addition 411 to,and shall not be construed in any way as a limitation If any provision of the Contract or the application thereof to any of,any rights and remedies available by law,by special person or situation shall to any extent, be held invalid or guarantee or by other provisions of the Contract unenforceable,the remainder of the Contract,and the application of Documents. such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected 1.38.4 Should the City or the Arm suffer injury or damage to thereby,and shall continue in full force and effect,and be enforced its person or property because of any error,omission, to the fullest extent permitted by law. or act of the other or of any of their employees or agents or others for whose acts they are legally liable, 1.44 INDEPENDENT FIRM: claim shall be made in writing to the other party within a reasonable time of the first observance of such injury The Arm is an independent contractor under the Contract. Services or damage. provided by the Firm shall be by employees of the Arm and subject to supervision by the Arm,and not as officers,employees,or agents 1.39 WAIVER OF JURY TRIAL: of the City. Personnel policies,tax responsibilities,social security and health insurance,employee benefits, purchasing poldes and City and Firm knowingly, irrevocably voluntarily and intentionally other similar administrative procedures, applicable to services waive any right either may have to a trial by jury in State or Federal rendered under the Contract shall be those of the Arm. End of Section 410 City of Sunny Isles Beach I Request for Qualifications No. 16-12-01