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<br />City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 5 <br /> <br />resolve the dispute and send a written copy of its decision <br />to the Contractor, which shall be binding on both parties. <br /> <br />1.12 PERFORMANCE BOND: <br /> <br />Intentionally Omitted <br /> <br />1.13 PAYMENTS: <br /> <br />Payment will be made after commodities/services have been received, <br />accepted, and properly invoiced as indicated in the contract and/or <br />purchase order. The City holds a firm stance on our standard NET 30 <br />payment terms and the responding firm shall understand and accepts this. <br />All invoices must bear the purchase order number. <br /> <br />1.14 BRAND NAMES: <br /> <br />Intentionally Omitted <br /> <br />1.15 MATERIAL: <br /> <br />Intentionally Omitted <br /> <br />1.16 SAMPLES: <br /> <br />Intentionally Omitted <br /> <br />1.17 QUANTITY GUARANTY: <br /> <br />Intentionally Omitted <br /> <br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: <br /> <br />Intentionally Omitted <br /> <br />1.19 SAFETY STANDARDS: <br /> <br />Intentionally Omitted <br /> <br />1.20 WARRANTIES: <br /> <br />Intentionally Omitted. <br /> <br />1.21 COPYRIGHTS/PATENT RIGHTS: <br /> <br />Intentionally Omitted <br /> <br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): <br /> <br />The firm shall be responsible for obtaining and maintaining throughout the <br />contract period his or her city and county local business tax receipts. Each <br />Firm submitting a Proposal on this Request for Qualifications shall include <br />a copy of the company’s local business tax/occupational license(s) with the <br />qualifiers response. For information specific to City of Sunny Isles Beach <br />local business tax/occupational licenses, please call Code Enforcement & <br />Licensing at (305) 792-1705. If the contractor is operating under a fictitious <br />name as defined in Section 865.059, Florida Statutes, proof of current <br />registration with the Florida Secretary of State shall be submitted. A <br />business formed by an attorney actively licensed to practice law in this <br />state, by a person actively licensed by the Department of Business and <br />Professional Regulations or the Department of Health for the purpose of <br />practicing his or her licensed profession, or by any corporation, <br />partnership, or other commercial entity that is actively organized or <br />registered with the Department of State shall submit a copy of the current <br />licensing from the appropriate agency and/or proof of current active status <br />with the Division of Corporations of the State of Florida. <br /> <br />1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: <br /> <br />Firms shall assume the full duty, obligation, and expense of obtaining all <br />necessary licenses, permits, inspections, and insurance required. The Firm <br />shall be liable for any damages or loss to the City occasioned by negligence <br />of the Firm (or their agent) or any person the Firm has designated in the <br />completion of their contract as a result of the submission. Firm shall be <br />required to furnish a copy of all licenses, certificates of competency or <br />other licensor requirements necessary to practice their profession as <br />required by Florida State Statute, Miami-Dade County, and City of Sunny <br />Isles Beach Code. Firm shall include current Miami-Dade County <br />Certificates of Competency. These documents shall be furnished to the <br />City along with the Firms response. Failure to furnish these documents or <br />to have required licensor will be grounds for rejecting the submission. <br /> <br />1.24 CERTIFICATE (S) OF INSURANCE: <br /> <br />Firm shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of <br />insurance which indicate that insurance coverage has been obtained from <br />an insurance company authorized to do business in the State of Florida or <br />otherwise secured in a manner satisfactory to the City, for those coverage <br />types and amounts listed in this document, in an amount equal to 100% of <br />the requirements and shall be presented to the City prior to issuance of <br />any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach <br />shall be named as "additional insured" with respect to this coverage. The <br />required certificates of insurance shall not only name the types of policies <br />provided, but shall also refer specifically to this and section. At the time of <br />Firms submission the Firm must submit certificates of insurance as <br />outlined in the General Conditions section. All required insurances shall <br />name the City of Sunny Isles Beach as additional insured and such <br />insurance shall be issued by companies authorized to issue insurance in <br />the State of Florida. It shall be the responsibility of the Firm and insurer to <br />notify the City Manager of the City of Sunny Isles Beach of cancellation, <br />lapse, or material modification of any insurance policies insuring the Firms, <br />which relate to the activities of such vendor and the City of Sunny Isles <br />Beach. Such notification shall be in writing, and shall be submitted to the <br />City finance support service director thirty (30) days prior to cancellation <br />of such policies. This requirement shall be reflected on the certificate of <br />insurance. Failure to fully and satisfactorily comply with the city's <br />insurance and bonding requirements set forth herein will authorize the <br />City Manager to implement a rescission of the Bid award without further <br />City Commission action. The Firm hereby holds the City harmless and <br />agrees to indemnify City and covenants not to sue the City by virtue of such <br />rescission. <br /> <br />1.25 ASSIGNMENT: <br /> <br />The Firm shall not transfer or assign the performance required by this RFQ <br />without the prior written consent of the City Manager. Any award issued <br />pursuant to the Request for Qualifications and monies, which may be due <br />hereunder, are not assignable except with prior written approval of the <br />City Manager. Further, in the event that the majority ownership or control <br />of the Firm changes hands subsequent to the award of this contract, Firm <br />shall promptly notify City in writing (via United States Postal Service – <br />Certified Mail, Return Receipt Requested) of such change in ownership or <br />control at least thirty (30) days prior to such change and City shall have the <br />right to terminate the contract upon sixty (60) days written notice, at City’s <br />sole discretion. <br /> <br />1.26 HOLD HARMLESS/INDEMNIFICATION: <br /> <br />The Firm shall indemnify, hold harmless, and defend the City of Sunny Isles <br />Beach, it's officers, agents and employees from and against any claims, <br />demands or causes of action of whatsoever kind or nature arising out of <br />error, omission, negligent act, conduct, or misconduct of the Contractor, <br />their agents, servants or employees in the provision of goods or the <br />performance of services pursuant to this RFQ and / or from any <br />procurement decision of the City including without limitation, awarding <br />the Contract to the Firm. <br /> <br />1.27 NON-CONFORMANCE TO CONTRACT: <br /> <br />Intentionally Omitted <br /> <br />1.28 DEFAULT PROVISION: <br /> <br />In case of default by the Firm, the City of Sunny Isles Beach may procure <br />the articles or services from other sources and hold the Firms responsible <br />for any excess costs occasioned or incurred thereby. <br /> <br />1.29 SECONDARY/OTHER FIRMS: <br /> <br />Intentionally Omitted. <br />