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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />City performs all necessary searches, inquiries, exploration, and
<br />analysis of the Bids. The RFP shall be awarded to the highest
<br />ranked responsive and responsible Bidder whose Bid best
<br />serves the interests of and represents the best value to the City.
<br />No Notice of Award will be given until the City has concluded
<br />any investigation(s) as they deem necessary to establish the
<br />Proposer’s capability to perform the Services as described in
<br />this RFP, ITB, RFQ or ITQ, as substantiated by the required
<br />professional experience, client references, technical knowledge
<br />and qualifications; and sufficient labor and equipment to
<br />comply with the City’s established standards, as well as the
<br />financial capability of the Proposer to perform the Work in
<br />accordance with the Contract Documents to the satisfaction of
<br />the City within the time prescribed. The City reserves the right
<br />to reject the Bid of any Proposers on the basis of these queries
<br />and investigations and who does not meet the City’s
<br />satisfaction, even though the firm may be the lowest dollars and
<br />cents Bid. In analyzing Bids, the City will also take into
<br />consideration client references, past work experience and work
<br />product, proven ability to satisfactorily perform. If the Contract
<br />is awarded, the City will issue the Notice of Award and give the
<br />successful Proposers a Contract for execution within ninety (90)
<br />days after opening of Bids. The City specifically reserves the
<br />right to award the contract to a proposer who is not necessarily
<br />the lowest dollars and cents proposers on the basis of the
<br />results of these queries and investigation(s).
<br />
<br />1.32 EXECUTION OF AGREEMENT:
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<br />At least four counterparts of the Agreement, the Performance
<br />Bond, the Certificates of Insurance and such other Documents
<br />as required by the Contract Documents shall be executed and
<br />delivered by Contractor to the City within ten (10) calendar days
<br />of receipt of the Notice of Award.
<br />
<br />1.33 LAWS AND REGULATIONS:
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<br />The Contractor will give all notices and comply with all laws,
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Contractor observes that the Specifications are at variance
<br />therewith, they will give the City prompt written notice thereof,
<br />and any necessary changes shall be adjusted by an appropriate
<br />modification. If the Contractor performs any Work knowing it
<br />to be contrary to such laws, ordinances, rules and regulations,
<br />and without such notice to the City, they will bear all costs
<br />arising wherefrom.
<br />
<br />1.34 TAXES:
<br />
<br />The City of Sunny Isles Beach is exempt from sales tax imposed
<br />by the State and/or Federal Government. Florida Sales Tax
<br />Exemption No. 23-00-477131-54C appears on each purchase
<br />order. Exemption certificates are available upon request.
<br />
<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
<br />($25.00) and other valuable consideration, the Contractor shall
<br />defend, indemnify and hold harmless the City, its officers,
<br />agents and employees, from or on account of any injuries or
<br />damages, received or sustained by any person or persons during
<br />or on account of any operations connected with the Work
<br />described in the Contract Documents, or by or in consequence
<br />of any negligence in connection with the same; or by use of any
<br />improper materials or by or on account of any act or omission
<br />of the said Contractor or his Sub-Contractor, agents, servants or
<br />employees. The Contractor will defend, indemnify and hold
<br />harmless the City and their agents or employees from and
<br />against all claims, damages, losses and expenses including
<br />attorneys' fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or
<br />death, or to injury to or destruction of tangible property (other
<br />than Work itself) including the loss of use resulting wherefrom
<br />and (b) is caused in whole or in part by any negligent act or
<br />omission of the Contractor, Sub-Contractor, anyone directly or
<br />indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is
<br />caused by a party indemnified hereunder. In the event that a
<br />court of competent jurisdiction determines that Sec. 725.06 (2),
<br />F.S. is applicable to this Work, then in lieu of the above
<br />provisions of this section the parties agree that Contractor shall
<br />indemnify, defend and hold harmless the City, their officers and
<br />employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.S., which statutory provisions shall be deemed to be
<br />incorporated herein by reference as if fully set forth herein. In
<br />the event that any action or proceeding is brought against City
<br />by reason of any such claim or demand, Contractor, upon
<br />written notice from City shall defend such action or proceeding
<br />by counsel satisfactory to City. The indemnification provided
<br />above shall obligate Contractor to defend at its own expense or
<br />to provide for such defense, at City’s option, any and all claims
<br />of liability and all suits and actions of every name and
<br />description that may be brought against City, excluding only
<br />those which allege that the injuries arose out of the sole
<br />negligence of City, which may result from the operations and
<br />activities under this Contract whether the Work be performed
<br />by Contractor, its Sub-Contractors, or by anyone directly or
<br />indirectly employed by either.
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<br />1.36 DECISIONS ON DISAGREEMENTS:
<br />
<br />The City will be the initial interpreter of the Technical
<br />Specifications.
<br />
<br />1.37 CITY MAY TERMINATE:
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<br />If the Contractor is adjudged bankrupt or insolvent, or if they
<br />make a general assignment for the benefit of their creditors, or
<br />if a trustee or receiver is appointed for the Contractor or for any
<br />of their property, or if they file a petition to take advantage of
<br />any debtor’s act, or to reorganize under bankruptcy or similar
<br />laws, or if they repeatedly fails to supply sufficient skilled
<br />workmen or suitable materials or equipment, or if they
<br />repeatedly fail to make prompt payments to Sub-Contractors or
<br />for labor, materials or equipment or they disregard laws,
<br />ordinances, rules, regulations or orders of any public body
<br />having jurisdiction, or if they disregard the authority of
<br />the City, of if they otherwise violate any provision of, the
<br />Contract Documents, then the City may, without prejudice to
<br />any other right or remedy and after giving the Contractor and
<br />the surety ten (10) days written notice, terminate the services
<br />of the Contractor and take possession of the Project and of all
<br />materials, equipment, tools, construction equipment and
<br />machinery thereon owned by the Contractor, and finish the
<br />Work by whatever method they may deem expedient. In such
<br />case the Contractor shall not be entitled to receive any further
<br />payment until the Work is finished. If the unpaid balance of the
<br />Contract Price exceeds the direct and indirect costs of
<br />completing the Project, including compensation for additional
<br />professional services, such excess shall be paid to the
<br />Contractor. If such costs exceed such unpaid balance, the
<br />Contractor will pay the difference to the City. Such costs
<br />incurred by the City will be determined by the City and
<br />incorporated in a Change Order. If after termination of the
<br />Contractor under this Section, it is determined by a court of
<br />competent jurisdiction for any reason that the Contractor was
<br />not in default, the rights and obligations of the City and the
<br />Contractor shall be the same as if the termination had been
<br />issued pursuant to this document.
<br /> 1.37.1 Where the Contractor’s services have
<br />been so terminated by the City said termination
<br />shall not affect any rights of the City against the
<br />Contractor then existing or which may thereafter
<br />accrue. Any retention or payment of moneys by the
<br />City due the Contractor will not release the
<br />Contractor from liability.
<br /> 1.37.2 Upon ten (10) days written notice to the
<br />Contractor, the City may, without cause
<br />(termination for convenience) and without
<br />prejudice to any other right or remedy, elect to
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