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CITY OF SUNNY ISLES BEACH
<br /> 18070 Collins Avenue .
<br /> Sunny Isles Beach, Florida 33160 t SUNNY flit,
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<br /> Written notice shall be deemed to have
<br /> been duly served if delivered in person to The City of Sunny Isles Beach is exempt from sales tax imposed by
<br /> the individual or to a member of the firm the State and/or Federal Government. Florida Sales Tax Exemption
<br /> or to an officer of the corporation for No.23-00-477131-54C appears on each purchase order. Exemption
<br /> whom it is intended,or to an authorized certificates are available upon request
<br /> representative or such individual,firm,or
<br /> corporation,or if delivered at or sent by 1.35 DUTY TO DEFEND.INDEMNIFY AND SAVE HARMLESS;
<br /> registered mail to the last business
<br /> address known to them who gives the In consideration of the separate sum of twenty-five dollars($25.00)
<br /> notice. Unless otherwise stated in and other valuable consideration,the Firm shall defend,indemnify
<br /> writing,any notice to or demand upon and hold harmless the City,its officers,agents and employees,from
<br /> the City under this Contract shall be or on account of any injuries or damages,received or sustained by
<br /> delivered to the City. any person or persons during or on account of any operations
<br /> connected with the Work described in the Contract Documents,or
<br /> 1.31 RfOUEST FOR PROPOSAL AWARD; by or in consequence of any negligence in connection with the same;
<br /> or by use of any improper materials or by or on account of any act
<br /> or omission of the said Firm,agents,servants or employees. The
<br /> The City reserves the right to reject any and all Firm will defend, indemnify and hold harmless the City and their
<br /> submissions at its sole discretion. The City shall agents or employees from and against all claims,damages,losses
<br /> and expenses induding attorneys'fees arising out of or resulting
<br /> award contract after the City performs all necessary
<br /> from the performance of the Work,provided that any such claim
<br /> searches,inquiries,exploration,and analysis of the damage,loss or expense(a)is attributable to bodily injury,sickness,
<br /> submissions. The award of the contract shall be disease or death,or to injury to or destruction of tangible property
<br /> done in accordance with the Consultants' (other than Work itself)including the loss of use resulting wherefrom
<br /> and(b)is caused in whole or in part by any negligent actor omission
<br /> Competitive Negotiation Act ("CCNA"), Section of the Firm or anyone directly or indirectly employed by any of them
<br /> 287.055, Florida Statutes. No Notice of Award will or anyone for whose acts any of them may be liable,regardless of
<br /> whether or not it is caused by a party indemnified hereunder. In the
<br /> be given until the City has concluded any
<br /> event that a court of competent jurisdiction determines that Sec.
<br /> investigation(s) as they deem necessary to 725.06(2),F.S.is applicable to this Work,then in lieu of the above
<br /> ® establish the Firm's capability to perform the provisions of this section the parties agree that Firm shall indemnify,
<br /> Services as described in this RFP as substantiated defend and hold harmless the City,their officers and employees,to
<br /> the fullest extent authorized by Sec.725.06(2)F.S.,which statutory
<br /> by the required professional experience, client provisions shall be deemed to be incorporated herein by reference
<br /> references,technical knowledge and qualifications; as if fully set forth herein. In the event that any action or proceeding
<br /> is brought against City by reason of any such claim or demand,Firm,
<br /> and sufficient labor and equipment to comply with
<br /> upon written notice from City shall defend such action or proceeding
<br /> the City's established standards, as well as the by counsel satisfactory to City. The indemnification provided above
<br /> financial capability of the Firms to perform the Work shall obligate Firm to defend at its own expense or to provide for
<br /> in accordance with the Contract Documents to the such defense,at City's option,any and all claims of liability and at
<br /> suits and actions of every name and description that may be brought
<br /> satisfaction of the City within the time prescribed. against City,excluding only those which allege that the injuries arose
<br /> The City reserves the right to reject the submissions out of the sole negligence of City, which may result from the
<br /> of any Firms on the basis of these queries and operations and activities under this Contract whether the Work be
<br /> performed by Firm or by anyone directly or indirectly employed by
<br /> investigations and to reject those who do not meet either.
<br /> the City's satisfaction.When analyzing submissions,
<br /> the City will take into consideration client 1.36 DECISIONS ONDISAGREEMENTS;
<br /> references, past work experience and work The City will be the initial interpreter of the Technical Specifications.
<br /> product, proven ability to satisfactorily perform. If
<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 If the Firm is adjudged bankrupt or insolvent,or if they make a
<br /> Contract for execution within ninety(90)days after general assignment for the benefit of their creditors,or if a trustee
<br /> Opening of submissions. or receiver is appointed for the Firm or for any of their property,or
<br /> 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 /> 1.32 EXECUTION OF AGREEMENT;
<br /> sufficient skilled workmen or equipment,or if they disregard laws,
<br /> ordinances,rules,regulations or orders of any public body having
<br /> At least four counterparts of the Agreement, the Certificates of
<br /> Insurance and such other Documents as required by the Contract otherwisejurisdictiviolateon, r if they disregard oftthe authority of the City, if the
<br /> Documents shall be executed and delivered by the Firm to the City may,
<br /> without any prejudiceputo any other
<br /> ContractiDocuments,rredythen the
<br /> within ten(10)calendar days of receipt of the Notice of Award. City may, to other right or remedy and after
<br /> giving the Firm ten (10) days written notice and terminate the
<br /> 1.33 ).AWS AND REGULATIONS' services of the Firm if they fail to cure the noted violations within this
<br /> day cure period. In such case the Firm shall only be paid for Work
<br /> The Firm will give all notices and comply with all laws,ordinances, satisfactorily performed up to the effective date of termination.
<br /> rules and regulations applicable to the Work. If the Firm observes 1.37.1 Where the Firm's services have been so terminated by
<br /> that the Specifications are at variance therewith,they will give the
<br /> f
<br /> City prompt written notice thereof,and any necessary changes shall the City said against termination shouldenot affect any rightshm y
<br /> be adjusted by an appropriate modification. If the Firm performs the City the Firm then existing or which may
<br /> f
<br /> any Work knowing it to be contrary to such laws,ordinances,rules thereafterysby accrue. Any retentionFirwill or payment e
<br /> and regulations,and without such notice to the City,they will bear moneysliability.the City due the Firm not release the
<br /> all costs arising wherefrom. Firm from
<br />, ill
<br /> 1.37.2 Upon ten(10)days written notice to the Firm,the City
<br /> 1.34 Thal may,without cause and without prejudice to any other
<br /> City of Sunny Isles Beach I Request for Proposal No. 17-04-01 7
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