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CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 sweer ft<E 305.947.0606 www.sibfl.net ®\ hf. _ ••c l O F 4"". O• OF SUS ,NO • right or remedy, elect to terminate the Agreement City and Firm knowingly, irrevocably voluntarily and intentionally without cause. In such case,the Firm shall be paid for waive any right either may have to a trial by jury in State or Federal all Work satisfactorily performed and accepted by the Court proceedings in respect to any action,proceeding,lawsuit or City as of the effective date of the termination. No counterclaim based upon the Contract Documents or the payment shall be made for lost profit or any other performance of the Work there under. consequential damages for Work that has not been performed regardless of whether Firm is terminated 1.40 GOVERNING LAW with or without cause. The Contract shall be construed in accordance with and governed by 1.38 MISCELLANEOUS: 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 Venue of any action to enforce the Contract Documents shall be in requires the giving of written notice it shall be deemed Miami-Dade County,Florida. to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered 1.42 PROJECT RECORDS; at or sent by registered or certified mail, postage prepaid,to the last business address known to them City shall have right to inspect and copy during regular business who gives the notice. hours at City's expense,the books and records and accounts of Firm which relate in any way to the Work,and to any claim for additional • 1.38.2 The Contract Documents shall remain the property of compensation made by Firm,and to conduct an audit of the financial the City. The Firm shall have the right to keep one and accounting records of Firm which relate to the Work. Firm shall record set of the Contract Documents upon completion retain and make available to City all such books and records and of the Project. accounts,financial or otherwise,which relate to the Work and to any daim for a period of three years following final completion of the 1.38.3 The duties and obligations imposed by these General Work. During the Work and the three-year period following final Conditions, Special Conditions and Supplemental completion of the Work,Firm shall provide City access to its books Conditions and the rights and remedies available and records upon five days written notice. hereunder,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon 1.43 SEVERABILITY• Firm and those in the Special Conditions and the rights and remedies available to the City,shall be in addition If any provision of the Contract or the application thereof to any to,and shall not be construed in any way as a limitation person or situation shall to any extent, be held invalid or of,any rights and remedies available by law,by special unenforceable,the remainder of the Contract,and the application of guarantee or by other provisions of the Contract such provisions to persons or situations other than those as to which Documents. it shall have been held invalid or unenforceable shall not be affected thereby,and shall continue in full force and effect,and be enforced 1.38.4 Should the City or the Firm suffer injury or damage to to the fullest extent permitted by law. its person or property because of any error,omission, or act of the other or of any of their employees or 1.44 INDEPENDENT FIRM; agents or others for whose acts they are legally liable, daim shall be made in writing to the other party within The Firm is an independent contractor under the Contract. Services a reasonable time of the first observance of such injury provided by the Firm shall be by employees of the Firm and subject or damage. to supervision by the Firm,and not as officers,employees,or agents of the City. Personnel policies,tax responsibilities,social security 1.39 WAIVER OF JURY TRIAL; and health insurance,employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Firm. End of Section S City of Sunny Isles Beach I Request for Proposal No. 17-04-01 8