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CITY OF SUNNY ISLES BEACH
<br /> 18070.Collins Avenue
<br /> Sunny Isles.Beoch,.Florida 33160 SaµroY is(f
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<br /> whom it is intended,or to an authorized No.23-00-477131-54C appears on each purchase order. Exemption
<br /> representative or such individual,firm,or certificates are available upon request.
<br /> corporation,or if delivered at or sent by
<br /> registered mail to the last business 1.35 DUTY TO DEFEND,INDEMNIFY AND SAVE HARMLESS:
<br /> address known to them who gives the
<br /> notice. Unless otherwise stated in In consideration of the separate sum of twenty-five dollars($25.00)
<br /> writing,any notice to or demand upon and other valuable consideration,the Firm shall defend,indemnify
<br /> the City under this Contract shall be and hold harmless the Gty,its officers,agents and employees,from
<br /> delivered to the Gty. or on account of any injuries or damages,received or sustained by
<br /> any person or persons during or on account of any operations
<br /> . 1.31 REQUEST FOR QUALIFICATION AWARD: connected with the Work described in the Contract Documents,or
<br /> by or in consequence of any negligence in connection with the same;
<br /> The Ci reserves the right to reject anyand all or omission use f of th improper
<br /> agents,ls oby anor on oraemplocount aoany act
<br /> tY ] servants employees. The
<br /> submissions at its sole discretion. The City shall Arm will defend, indemnify and hold harmless the City and their
<br /> agents or employees from and against all claims,damages,losses
<br /> award contract after the City performs all necessary
<br /> searches,inquiries,exploration,and analysis of the from expensesincluding attorneys'fees parovided
<br /> out of or resulting
<br /> q r P Y performance of the Work, provided that any such claim
<br /> submissions. The award of the contract shall be damage,loss or expense(a)is attributable to bodily injury,sickness,
<br /> done in accordance with the Consultants' disease or death,or to injury to or destruction of tangible property
<br /> (other than Work itself)induding the loss of use resulting wherefrom
<br /> Competitive Negotiation Act ("CCNA'D, Section and(b)is caused in whole or in part by any negligent act or omission
<br /> 287.055, Florida Statutes. No Notice of Award will of the Firm or anyone directly or indirectly employed by any of them
<br /> or anyone for whose acts any of them may be liable,regardless of
<br /> be given until the City has concluded any
<br /> whether or not it is caused by a party indemnified hereunder. In the
<br /> investigation(s) as they deem necessary to event that a court of competent jurisdiction determines that Sec.
<br /> establish the Firm's capability to perform the 725.06(2),F.S.is applicable to this Work,then in lieu of the above
<br /> Services as described in this RFQ as substantiated provisions of this section the parties agree that Firm shall indemnify,
<br /> defend and hold harmless the Gty,their officers and employees,to
<br /> by the required professional experience, client the fullest extent authorized by Sec.725.06(2)F.S.,which statutory
<br /> references,technical knowledge and qualifications; provisions shall be deemed to be incorporated herein by reference
<br /> 0 and sufficient labor and equipment to comply with
<br /> as if fully set forth herein. In the event that any action or proceeding
<br /> is brought against Gty by reason of any such claim or demand,Fru,
<br /> the City's established standards, as well as the upon written notice from City shall defend such action or proceeding
<br /> financial capability of the Firms to perform the Work by counsel satisfactory to Qty. The indemnification provided above
<br /> in accordance with the Contract Documents to the shall obligate Firm to defend at its own expense or to provide for
<br /> satisfaction of the Citywithin the time prescribed. such anda�ctionss of every option,any and all claims of liabilitybe raou all
<br /> P name and description that may be brought
<br /> The City reserves the right to reject the submissions against City,exduding only those which allege that the injuries arose
<br /> out of the sole negligence of City, which may result from the
<br /> of any Firms on the basis of these queries and
<br /> activitiesoperations and
<br /> investigations and to reject those who do not meet performed by Arm whether the Work be
<br /> or by anyone directly or indirectly employed by
<br /> the City's satisfaction.When analyzing submissions, either.
<br /> the City will take into consideration client 1.36 DECISIONS ON DISAGREEMENTS:
<br /> references, past work experience and work
<br /> product, proven ability to satisfactorily perform. If The City will be the initial interpreter of the Technical Specifications.
<br /> the Contract is awarded, the City will issue the 1.37 CITY MAY TERMINATE:
<br /> Notice of Award and give the successful Firm a
<br /> Contract for execution within ninety(90)days after If the Firm is adjudged bankrupt or insolvent,or if they make a
<br /> Opening of submissions. general assignment for the benefit of their creditors,or if a trustee
<br /> or receiver is appointed for the Arm or for any of their property,or
<br /> 1.32 EXECUTION OF AGREEMENT: if they file a petition to take advantage of any debtor's act,or to
<br /> reorganize under bankruptcy or similar laws,or if they fail to supply
<br /> At least four counterparts of the Agreement the Certificates of sufficient skilled workmen or equipment,or if they disregard laws,
<br /> Insurance and such other Documents as required by the Contract ordinances,rules,regulationsgor orders of any public body havinge
<br /> Documents shall be executed and delivered by the Firm to the Gty jurisdiction,violate if they disregard the authority Documents,f tce Gty, eif thee
<br /> within ten(10)calendar days of receipt of the Notice of Award. aty any judice ton of,the er right r rythen the
<br /> Gty may,without prejudice to any other right or remedy and after
<br /> 1.33 LAWS AND REGULATIONS: giving the Arm ten (10) days written notice and terminate the
<br /> services of the Arm if they fail to cure the noted violations within this
<br /> The Firm will give all notices and comply with all laws,ordinances, day cure period. In such case the Arm shall only be paid for Work
<br /> rules and regulations applicable to the Work. If the Firm observes satisfactorryorT"�up to the effective date of termination.
<br /> that the Specifications are at variance therewith,they will give the 1.37.1 Where the Arm's services have been so terminated by
<br /> Gty prompt written notice thereof,and any necessary changes shall
<br /> f
<br /> be adjusted by an appropriate modification. If the Firm performs the Gty said againstterthe Firn thenld notaffectany rights y
<br /> any Work knowing it to be contrary to such laws,ordinances,rules the Gty the Firm then existing or which may
<br /> m of
<br /> and regulations,and without such notice to the Gty,they will bear moneys F
<br /> eat accrue. Any retentionirwill or payment
<br /> all costs arising wherefrom.
<br /> liability.the Gty due the Firm not release the
<br /> Firm from liability.
<br /> 1.34 TAXES: 1.37.2 Upon ten(10)days written notice to the Firm,the Gty
<br /> 411 The Gty of Sunny Isles Beads is exempt from sales tax imposed by maY, rt cause and without prejudice to arty other
<br /> the State and/or Federal Government. Florida Sales Tax Exemption withoright or remedy, elect to terminate the Agreement
<br /> without cause. In such case,the Firm shall be paid for
<br /> all Work satisfactorily performed and accepted by the
<br /> City of Sunny Isles Beach I Request for Qualifications No. 16-12-01 7
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