REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

Wellington Council Meeting April 10, 2012 Page 61 of 384
59. CONTRACTOR INDEPENDENT: CONTRACTOR and its employees,
volunteers and agents shall be and remain an independent contractor and not
agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement. This Agreement shall not
in any way be construed to create a partnership, association or any other kind
of joint undertaking or venture between the parties hereto.
60. RIGHT TO AUDIT: CITY reserves the right to audit the records of
CONTRACTOR relating in anyway to the work to be performed pursuant to this
Agreement at any time during the performance and term of the Contract and for
a period of three (3) years after completion and acceptance by CITY. If
required by CITY, CONTRACTOR agrees to submit to an audit by an
independent certified public accountant selected by CITY. CONTRACTOR
shall allow CITY to inspect, examine and review the records of
CONTRACTOR at any and all times during normal business hours during the
Term of the Contract.
61. VALIDITY OF CONTRACT: Should any part, term or provision of this
Agreement be by the courts decided to be invalid, illegal or in conflict with any
law of the State, the validity of the remaining portion or provision shall not be
affected thereby.
62. WAIVER OF JURY TRIAL: CITY AND CONTRACTOR HEREBY
KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY
WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN
RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR
COUNTERCLAIM BASED UPON THE CONTRACT, ARISING OUT OF,
UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE
WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS (WHETHER VERBAL OR WRITTEN) OR THE ACTIONS OR
INACTIONS OF ANY PARTY.
63. LITIGATION VENUE: The parties waive the privilege of venue and agree that
all litigation between them shall take place in the state court of Broward
County, Florida. The parties agree to waive jury trial for all disputes
64. DISPUTES: NOT WITHSTANDING ANY OTHER PROVISIONS PROVIDED
IN THIS CONTRACT, ANY DISPUTE ARISING UNDER THIS CONTRACT
WHICH IS NOT DISPOSED OF BY AGREEMENT SHALL BE DECIDED BY
THE CITY MANAGER OF THE CITY OF MARGATE, FLORIDA, WHO
SHALL REDUCE HIS DECISION IN WRITING AND FURNISH A COPY
THEREOF TO THE CONTRACTOR. THE DECISION OF THE CITY
MANAGER OF CITY OF MARGATE, FLORIDA AND THOSE PERSONS TO
WHOM HE DELEGATES AUTHORITY TO DECIDE DISPUTES, SHALL BE
FINAL AND CONCLUSIVE UNLESS DETERMINED BY A COURT OF
COMPETENT JURISDICTION TO BE FRAUDULENT, CAPRICIOUS,
BID NO. 2012-008 22