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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 />issue the Notice of Award and give the successful Proposers a
<br />Contract for execution within ninety (90) days after opening of
<br />Bids. The City specifically reserves the right to award the
<br />Contract to a proposer who is not necessarily the lowest dollars
<br />and cents proposer on the basis of the results of these queries
<br />and investigation(s).
<br />
<br />1.32 EXECUTION OF CONTRACT:
<br />
<br />The Contract, the Performance Bond, the Certificates of
<br />Insurance, and such other Documents as required by the
<br />Contract Documents shall be executed and delivered by
<br />Consultant to the City within ten (10) calendar days of receipt of
<br />the Notice of Award.
<br />
<br />1.33 LAWS AND REGULATIONS:
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<br />The Consultant will give all notices and comply with all laws,
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Consultant 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 Consultant performs any Work knowing it
<br />to be contrary to such laws, ordinances, rules and regulations,
<br />and without such notice to the City, Consultant 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 Consultant shall
<br />defend, indemnify and hold harmless the City, its officials,
<br />officers, agents and employees, from or on account of any
<br />injuries or damages, received or sustained by any person or
<br />persons during or on account of any operations connected with
<br />the Work described in the Contract Documents, or by or in
<br />consequence of any negligence in connection with the same; or
<br />by use of any improper materials or by or on account of any act
<br />or omission of the said Consultant or his Sub-Consultant, agents,
<br />servants or employees. The Consultant will defend, indemnify
<br />and hold harmless the City and their agents or employees from
<br />and 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
<br />including the loss of use resulting wherefrom and (b) is caused
<br />in whole or in part by any negligent act or omission of the
<br />Consultant, Sub-Consultant, anyone directly or indirectly
<br />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
<br />party indemnified hereunder. In the event that a court of
<br />competent jurisdiction determines that Sec. 725.06 (2), F.S. is
<br />applicable to this Work, then in lieu of the above provisions of
<br />this section the parties agree that Consultant shall indemnify,
<br />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 />or its officials, officers, or employees,by reason of any such
<br />claim or demand, Consultant, upon written notice from City
<br />shall defend such action or proceeding by counsel satisfactory
<br />to City. The indemnification provided above shall obligate
<br />Consultant to defend at its own expense or to provide for such
<br />defense, at City’s option, any and all claims of liability and all
<br />suits and actions of every name and description that may be
<br />brought against City, excluding only those which allege that the
<br />injuries arose out of the sole negligence of City, which may
<br />result from the operations and activities under Contract
<br />whether the Work be performed by Consultant, its Sub-
<br />Consultants, or by anyone directly or indirectly employed by
<br />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: If the Consultant is
<br />adjudged bankrupt or insolvent, or if they make a general
<br />assignment for the benefit of their creditors, or if a trustee or
<br />receiver is appointed for the Consultant or for any of their
<br />property, or if they file a petition to take advantage of any
<br />debtor’s act, or to reorganize under bankruptcy or similar laws,
<br />or if they repeatedly fails to supply sufficient skilled workmen or
<br />suitable materials or equipment, or if they repeatedly fail to
<br />make prompt payments to Sub-Consultants or for labor,
<br />materials or equipment or they disregard laws, ordinances,
<br />rules, regulations or orders of any public body having
<br />jurisdiction, or if they disregard the authority of the City, of if
<br />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 Consultant and the surety
<br />ten (10) days written notice, terminate the services of the
<br />Consultant and take possession of the Project and of all
<br />materials, equipment, tools, construction equipment and
<br />machinery thereon owned by the Consultant, and finish the
<br />Work by whatever method they may deem expedient. In such
<br />case the Consultant 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 />Consultant. If such costs exceed such unpaid balance, the
<br />Consultant 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 />Consultant under this Section, it is determined by a court of
<br />competent jurisdiction for any reason that the Consultant was
<br />not in default, the rights and obligations of the City and the
<br />Consultant shall be the same as if the termination had been
<br />issued pursuant to this document.
<br /> 1.37.1 Where the Consultant’s services have
<br />been so terminated by the City said termination
<br />shall not affect any rights of the City against the
<br />Consultant then existing or which may thereafter
<br />accrue. Any retention or payment of monies by the
<br />City due the Consultant will not release the
<br />Consultant from liability.
<br />
<br /> 1.37.2 Upon ten (10) days written notice to the
<br />Consultant, the City may, without cause
<br />(termination for convenience) and without
<br />prejudice to any other right or remedy, elect to
<br />terminate the Contract. In such case, the
<br />Consultant 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.
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<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.
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