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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 />1.33 LAWS AND REGULATIONS:
<br />
<br />The Awarded Firm will give all notices and comply with all laws,
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Awarded Firm 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 Awarded Firm performs any Work knowing
<br />it 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:
<br />
<br />In consideration of the separate sum of twenty-five dollars
<br />($25.00) and other valuable consideration, the Awarded Firm
<br />shall 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 Awarded Firm or his Sub-Contractor, agents, servants
<br />or employees. The Awarded Firm will defend, indemnify and
<br />hold 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 Awarded Firm, Sub-Contractor, anyone directly
<br />or 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 Awarded Firm
<br />shall indemnify, defend and hold harmless the City, their
<br />officers and employees, to the fullest extent authorized by Sec.
<br />725.06 (2) F.S., which statutory provisions shall be deemed to
<br />be incorporated herein by reference as if fully set forth herein.
<br />In the event that any action or proceeding is brought against
<br />City by reason of any such claim or demand, the Awarded Firm,
<br />upon written notice from City shall defend such action or
<br />proceeding by counsel satisfactory to City. The indemnification
<br />provided above shall obligate the Awarded Firm to defend at its
<br />own expense or to provide for such defense, at City’s option,
<br />any and all claims of liability and all suits and actions of every
<br />name and description that may be brought against City,
<br />excluding only those which allege that the injuries arose out of
<br />the sole negligence of City, which may result from the
<br />operations and activities under this Contract whether the Work
<br />be performed by the Awarded Firm, its Sub-Contractors, or by
<br />anyone directly or indirectly employed by either.
<br />
<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:
<br />
<br />If the Awarded Firm 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 Awarded Firm or for
<br />any of their property, or if they file a petition to take advantage
<br />of 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 the City,
<br />of if they otherwise violate any provision of, the Contract
<br />Documents, then the City may, without prejudice to any other
<br />right or remedy and after giving the Awarded Firm and the
<br />surety ten (10) days written notice, terminate the services of the
<br />Awarded Firm and take possession of the Project and of all
<br />materials, equipment, tools, construction equipment and
<br />machinery thereon owned by the Awarded Firm, and finish the
<br />Work by whatever method they may deem expedient. In such
<br />case the Awarded Firm shall not be entitled to receive any
<br />further payment until the Work is finished. If the unpaid balance
<br />of the 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 Awarded
<br />Firm. If such costs exceed such unpaid balance, the Awarded
<br />Firm will pay the difference to the City. Such costs incurred by
<br />the City will be determined by the City and incorporated in a
<br />Change Order. If after termination of the Awarded Firm under
<br />this Section, it is determined by a court of competent
<br />jurisdiction for any reason that the Awarded Firm was not in
<br />default, the rights and obligations of the City and the
<br />Awarded Frim shall be the same as if the termination had been
<br />issued pursuant to this document.
<br /> 1.37.1 Where the Awarded Firm’s services have
<br />been so terminated by the City said termination
<br />shall not affect any rights of the City against the
<br />Awarded Firm then existing or which may
<br />thereafter accrue. Any retention or payment of
<br />moneys by the City due the Awarded Firm will not
<br />release the Awarded Firm from liability.
<br /> 1.37.2 Upon ten (10) days written notice to the
<br />Awarded Firm, the City may, without cause
<br />(termination for convenience) and without
<br />prejudice to any other right or remedy, elect to
<br />terminate the Agreement. In such case, the
<br />Awarded Firm shall be paid for all Work executed
<br />and accepted by the City as of the date of the
<br />termination. No payment shall be made for profit
<br />for Work which has not been performed.
<br />
<br />1.38 MISCELLANEOUS:
<br />
<br />Proposers acknowledge the following miscellaneous
<br />conditions:
<br />
<br />1.38.1 Whenever any provision of the Contract
<br />Documents requires the giving of written notice it
<br />shall be deemed to have been validly given if
<br />delivered in person to the individual or to a
<br />member of the firm or to an officer of the
<br />corporation for whom it is intended, or if delivered
<br />at or sent by registered or certified mail, postage
<br />prepaid, to the last business address known to
<br />them who gives the notice.
<br />
<br />1.38.2 The Contract Documents shall remain the property
<br />of the City. The Awarded Firm shall have the right
<br />to keep one record set of the Contract Documents
<br />upon completion of the Project.
<br />
<br />1.38.3 The duties and obligations imposed by these
<br />General Conditions, Special Conditions and
<br />Supplemental Conditions and the rights and
<br />remedies available hereunder, and, in particular
<br />but without limitation, the warranties, guarantees
<br />and obligations imposed upon the Awarded Firm
<br />and those in the Special Conditions and the rights
<br />and remedies available to the City, shall be in
<br />addition to, and shall not be construed in any way
<br />as a limitation of, any rights and remedies available
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