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<br />City of Sunny Isles Beach |Request for Qualifications No. 17-12-01 7
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<br />registered mail to the last business
<br />address known to them who gives the
<br />notice. Unless otherwise stated in
<br />writing, any notice to or demand upon
<br />the City under this Contract shall be
<br />delivered to the City.
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<br />1.31 REQUEST FOR QUALIFICATION AWARD:
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<br />The City reserves the right to reject any and all
<br />submissions at its sole discretion. The City shall
<br />award contract after the City performs all necessary
<br />searches, inquiries, exploration, and analysis of the
<br />submissions. The award of the contract shall be
<br />done in accordance with the Consultants’
<br />Competitive Negotiation Act (“CCNA”), Section
<br />287.055, Florida Statutes. No Notice of Award will
<br />be given until the City has concluded any
<br />investigation(s) as they deem necessary to
<br />establish the Firm’s capability to perform the
<br />Services as described in this RFQ as substantiated
<br />by the required professional experience, client
<br />references, technical knowledge and qualifications;
<br />and sufficient labor and equipment to comply with
<br />the City’s established standards, as well as the
<br />financial capability of the Firms to perform the Work
<br />in accordance with the Contract Documents to the
<br />satisfaction of the City within the time prescribed.
<br />The City reserves the right to reject the submissions
<br />of any Firms on the basis of these queries and
<br />investigations and to reject those who do not meet
<br />the City’s satisfaction. When analyzing submissions,
<br />the City will take into consideration client
<br />references, past work experience and work
<br />product, proven ability to satisfactorily perform. If
<br />the Contract is awarded, the City will issue the
<br />Notice of Award and give the successful Firm a
<br />Contract for execution within ninety (90) days after
<br />opening of submissions.
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<br />1.32 EXECUTION OF AGREEMENT:
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<br />At least four counterparts of the Agreement, the Certificates of
<br />Insurance and such other Documents as required by the Contract
<br />Documents shall be executed and delivered by the Firm to the City
<br />within ten (10) calendar days of receipt of the Notice of Award.
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<br />1.33 LAWS AND REGULATIONS:
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<br />The Firm will give all notices and comply with all laws, ordinances,
<br />rules and regulations applicable to the Work. If the Firm observes
<br />that the Specifications are at variance therewith, they will give the
<br />City prompt written notice thereof, and any necessary changes shall
<br />be adjusted by an appropriate modification. If the Firm performs
<br />any Work knowing it to be contrary to such laws, ordinances, rules
<br />and regulations, and without such notice to the City, they will bear
<br />all costs arising wherefrom.
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<br />1.34 TAXES:
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<br />The City of Sunny Isles Beach is exempt from sales tax imposed by
<br />the State and/or Federal Government. Florida Sales Tax Exemption
<br />No. 23-00-477131-54C appears on each purchase order. Exemption
<br />certificates are available upon request.
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<br />1.35 DECISIONS ON DISAGREEMENTS:
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<br />The City will be the initial interpreter of the Technical Specifications.
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<br />1.36 CITY MAY TERMINATE:
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<br />If the Firm is adjudged bankrupt or insolvent, or if they make a
<br />general assignment for the benefit of their creditors, or if a trustee
<br />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 />sufficient skilled workmen or equipment, or if they disregard laws,
<br />ordinances, rules, regulations or orders of any public body having
<br />jurisdiction, or if they disregard the authority of the City, of if they
<br />otherwise violate any provision of, the Contract Documents, then the
<br />City may, without prejudice to any other right or remedy and after
<br />giving the Firm ten (10) days written notice and terminate the
<br />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 />satisfactorily performed up to the effective date of termination.
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<br />1.36.1 Where the Firm’s services have been so terminated by
<br />the City said termination should not affect any rights of
<br />the City against the Firm then existing or which may
<br />thereafter accrue. Any retention or payment of
<br />moneys by the City due the Firm will not release the
<br />Firm from liability.
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<br />1.36.2 Upon ten (10) days written notice to the Firm, the City
<br />may, without cause and without prejudice to any other
<br />right 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 as of the effective date of the termination. No
<br />payment shall be made for lost profit or any other
<br />consequential damages for Work that has not been
<br />performed regardless of whether Firm is terminated
<br />with or without cause.
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<br />1.37 MISCELLANEOUS:
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<br />Firm acknowledge the following miscellaneous conditions:
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<br />1.37.1 Whenever any provision of the Contract Documents
<br />requires the giving of written notice it shall be deemed
<br />to have been validly given if delivered in person to the
<br />individual or to a member of the firm or to an officer of
<br />the 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 them
<br />who gives the notice.
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<br />1.37.2 The Contract Documents shall remain the property of
<br />the City. The Firm shall have the right to keep one
<br />record set of the Contract Documents upon completion
<br />of the Project.
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<br />1.37.3 The duties and obligations imposed by these General
<br />Conditions, Special Conditions and Supplemental
<br />Conditions and the rights and remedies available
<br />hereunder, and, in particular but without limitation, the
<br />warranties, guarantees and obligations imposed upon
<br />Firm and those in the Special Conditions and the rights
<br />and remedies available to the City, shall be in addition
<br />to, and shall not be construed in any way as a limitation
<br />of, any rights and remedies available by law, by special
<br />guarantee or by other provisions of the Contract
<br />Documents.
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<br />1.37.4 Should the City or the Firm suffer injury or damage to
<br />its person or property because of any error, omission,
<br />or act of the other or of any of their employees or
<br />agents or others for whose acts they are legally liable,
<br />claim shall be made in writing to the other party within
<br />a reasonable time of the first observance of such injury
<br />or damage.
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