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<br />City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 7
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<br />City will take into consideration client references, past work experience
<br />and work product, proven ability to satisfactorily perform. If the Contract
<br />is awarded, the City will issue the Notice of Award and give the successful
<br />Firm a Contract for execution within ninety (90) days after opening of
<br />submissions.
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<br />1.32 EXECUTION OF AGREEMENT:
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<br />At least four counterparts of the Agreement, the Certificates of Insurance
<br />and such other Documents as required by the Contract Documents shall
<br />be executed and delivered by the Firm to the City within ten (10) calendar
<br />days of receipt of the Notice of Award.
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<br />1.33 LAWS AND REGULATIONS:
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<br />The Firm will give all notices and comply with all laws, ordinances, rules
<br />and regulations applicable to the Work. If the Firm observes that the
<br />Specifications are at variance therewith, they will give the City prompt
<br />written notice thereof, and any necessary changes shall be adjusted by an
<br />appropriate modification. If the Firm performs any Work knowing it to be
<br />contrary to such laws, ordinances, rules and regulations, and without such
<br />notice to the City, they will bear all costs arising wherefrom.
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<br />1.34 TAXES:
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<br />The City of Sunny Isles Beach is exempt from sales tax imposed by the State
<br />and/or Federal Government. Florida Sales Tax Exemption No. 23-00-
<br />477131-54C appears on each purchase order. Exemption certificates are
<br />available upon request.
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<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
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<br />In consideration of the separate sum of twenty-five dollars ($25.00) and
<br />other valuable consideration, the Firm shall defend, indemnify and hold
<br />harmless the City, its officers, agents and employees, from or on account
<br />of any injuries or damages, received or sustained by any person or persons
<br />during or on account of any operations connected with the Work described
<br />in the Contract Documents, or by or in consequence of any negligence in
<br />connection with the same; or by use of any improper materials or by or on
<br />account of any act or omission of the said Firm, agents, servants or
<br />employees. The Firm will defend, indemnify and hold harmless the City
<br />and their agents or employees from and against all claims, damages, losses
<br />and expenses including attorneys' fees arising out of or resulting from the
<br />performance of the Work, provided that any such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction of tangible property (other than Work itself)
<br />including the loss of use resulting wherefrom and (b) is caused in whole or
<br />in part by any negligent act or omission of the Firm or anyone directly or
<br />indirectly employed by any of them or anyone for whose acts any of them
<br />may be liable, regardless of whether or not it is caused by a party
<br />indemnified hereunder. In the event that a court of competent jurisdiction
<br />determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu
<br />of the above provisions of this section the parties agree that Firm shall
<br />indemnify, defend and hold harmless the City, their officers and
<br />employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which
<br />statutory provisions shall be deemed to be incorporated herein by
<br />reference as if fully set forth herein. In the event that any action or
<br />proceeding is brought against City by reason of any such claim or demand,
<br />Firm, upon written notice from City shall defend such action or proceeding
<br />by counsel satisfactory to City. The indemnification provided above shall
<br />obligate Firm to defend at its own expense or to provide for such defense,
<br />at City’s option, any and all claims of liability and all suits and actions of
<br />every name and description that may be brought against City, excluding
<br />only those which allege that the injuries arose out of the sole negligence
<br />of City, which may result from the operations and activities under this
<br />Contract whether the Work be performed by Firm or by anyone directly or
<br />indirectly employed by either.
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<br />1.36 DECISIONS ON DISAGREEMENTS:
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<br />The City will be the initial interpreter of the Technical Specifications.
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<br />1.37 CITY MAY TERMINATE:
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<br />If the Firm is adjudged bankrupt or insolvent, or if they make a general
<br />assignment for the benefit of their creditors, or if a trustee or receiver is
<br />appointed for the Firm or for any of their property, or if they file a petition
<br />to take advantage of any debtor’s act, or to reorganize under bankruptcy
<br />or similar laws, or if they fail to supply sufficient skilled workmen or
<br />equipment, or if they disregard laws, ordinances, rules, regulations or
<br />orders of any public body having jurisdiction, or if they disregard the
<br />authority of the City, of if they otherwise violate any provision of, the
<br />Contract Documents, then the City may, without prejudice to any other
<br />right or remedy and after giving the Firm ten (10) days written notice and
<br />terminate the services of the Firm if they fail to cure the noted violations
<br />within this day cure period. In such case the Firm shall only be paid for
<br />Work satisfactorily performed up to the effective date of termination.
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<br />1.37.1 Where the Firm’s services have been so terminated by the
<br />City said termination should not affect any rights of the City
<br />against the Firm then existing or which may thereafter
<br />accrue. Any retention or payment of moneys by the City
<br />due the Firm will not release the Firm from liability.
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<br />1.37.2 Upon ten (10) days written notice to the Firm, the City may,
<br />without cause and without prejudice to any other right or
<br />remedy, elect to terminate the Agreement without cause.
<br />In such case, the Firm shall be paid for all Work satisfactorily
<br />performed and accepted by the City as of the effective date
<br />of the termination. No payment shall be made for lost
<br />profit or any other consequential damages for Work that
<br />has not been performed regardless of whether Firm is
<br />terminated with or without cause.
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<br />1.38 MISCELLANEOUS:
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<br />Firm acknowledge the following miscellaneous conditions:
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<br />1.38.1 Whenever any provision of the Contract Documents
<br />requires the giving of written notice it shall be deemed to
<br />have been validly given if delivered in person to the
<br />individual or to a member of the firm or to an officer of the
<br />corporation for whom it is intended, or if delivered at or
<br />sent by registered or certified mail, postage prepaid, to the
<br />last business address known to them who gives the notice.
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<br />1.38.2 The Contract Documents shall remain the property of the
<br />City. The Firm shall have the right to keep one record set of
<br />the Contract Documents upon completion of the Project.
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<br />1.38.3 The duties and obligations imposed by these General
<br />Conditions, Special Conditions and Supplemental
<br />Conditions and the rights and remedies available
<br />hereunder, and, in particular but without limitation, the
<br />warranties, guarantees and obligations imposed upon Firm
<br />and those in the Special Conditions and the rights and
<br />remedies available to the City, shall be in addition to, and
<br />shall not be construed in any way as a limitation of, any
<br />rights and remedies available by law, by special guarantee
<br />or by other provisions of the Contract Documents.
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<br />1.38.4 Should the City or the Firm suffer injury or damage to its
<br />person or property because of any error, omission, or act of
<br />the other or of any of their employees or agents or others
<br />for whose acts they are legally liable, claim shall be made in
<br />writing to the other party within a reasonable time of the
<br />first observance of such injury or damage.
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<br />1.39 WAIVER OF JURY TRIAL:
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<br />City and Firm knowingly, irrevocably voluntarily and intentionally waive
<br />any right either may have to a trial by jury in State or Federal Court
<br />proceedings in respect to any action, proceeding, lawsuit or counterclaim
<br />based upon the Contract Documents or the performance of the Work
<br />there under.
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<br />1.40 GOVERNING LAW:
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<br />The Contract shall be construed in accordance with and governed by the
<br />law of the State of Florida.
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<br />1.41 VENUE:
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