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RFQ # 22-06-01 <br />City of Sunny Isles Beach Landscape Architectural Services <br />53 <br />LPOC36007.2022 <br />Continuing Services for <br />6. Exceptions <br />INDEMNIFICATION LANGUAGE <br />The indemnification language in Sections 1.26 and 1.35 on pages 5 and 7 is in violation of Florida Statute 725.08 and we believe <br />it is void and unenforceable. We strongly suggest and request that you modify this language to make it compliant to FL Statutes. <br />Suggested language per FL Statutes 725.08: “The design professional shall indemnify and hold harmless the agency, and its officers <br />and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent <br />caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or <br />utilized by the design professional in the performance of the contract.” <br />CERTIFICATE OF COMPETENCY <br />Kimley-Horn has not included a Miami-Dade County Certificate of Competency, as stated in Section 1.23, as Kimley-Horn is a design <br />firm, not a contractor. Thus, the Miami-Dade County Certificate of Competency is not applicable to our firm’s work. Please contact our <br />office with any questions or concerns.