|
<br />City of Sunny Isles Beach |Request for Qualifications No. 17-12-01 16
<br />
<br />Information Center/National Crime Information Center (“FCIC/NCIC”) criminal records check. Any
<br />employee not meeting this requirement will not be permitted to work at any City facility.
<br />
<br />2.20 USE OF SUB-CONSULTANTS / SUBCONSULTANTS
<br />
<br /> Sub-consultants/Sub-contracting: The proposer selected shall be solely responsible for contractual
<br /> performance and management of all subcontract relationships. This contract allows
<br /> subcontracting assignments; however, vendors assume all responsibility for work quality,
<br /> delivery, installation, maintenance, and any supporting services requi red by a sub-consultant(s).
<br />
<br />Use of sub-consultant(s) must be clearly stated in the proposal in Section 4.0 and must be
<br />identified by name. The Prime Vendor shall be wholly responsible for the entire contract
<br />performance whether or not sub-consultants are used. Any sub-consultant/ sub-consultants must
<br />be approved by the City before contract award.
<br />
<br />2.21 NON-EXCLUSIVE AGREEMENT
<br />
<br />Proposer agrees and understands that the Agreement shall not be construed as an exclusive
<br />arrangement and further agrees that the City may, at any time, secure similar or identical services
<br />from another supplier at the City’s sole option.
<br />
<br />2.22 PATENT AND COPYRIGHT INDEMNIFICATION
<br />
<br /> A. The Consultant warrants that all Deliverables furnished hereunder, including but not limited to:
<br /> services, equipment programs, documentation, software, analyses, applications, methods,
<br /> ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service
<br /> marks, trade secret, or any other third party proprietary rights.
<br />
<br /> B. The Consultant shall be liable and responsible for any and all claims made against the City f or
<br /> infringement of patents, copyrights, service marks, trade secrets or any other third party
<br /> proprietary rights, by the use or supplying of any programs, documentation, software, analyses,
<br /> applications, methods, ways, processes, and the like, in the course of performance or completion
<br /> of, or in any way connected with, the Work, or the City's continued use of the Deliverables
<br /> furnished hereunder. Accordingly, the Consultant at its own expense, including the payment
<br /> of attorney's fees, shall indemnify, and hold harmless the City and defend any action brought
<br /> against the City with respect to any claim, demand, and cause of action, debt, or liability.
<br />
<br /> C. In the event any Deliverable or anything provided to the City hereunder, or a portion thereof is
<br /> held to constitute an infringement and its use is or may be enjoined, the Consultant shall have the
<br /> obligation, at the City's option, to (i) modify, or require that the applicable sub-consultants or
<br /> supplier modify, the alleged infringing item(s) at the Consultant’s expense, without impairing
<br /> in any respect the functionality or performance of the item(s), or (ii) procure for the City, at
<br /> the Consultant's expense, the rights provided under the Agreement to use the item(s).
<br />
<br /> D. The Consultant shall be solely responsible for determining and informing the City whether a
<br /> prospective supplier or sub-consultants is a party to any litigation involving patent or copyright
|