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<br />City of Sunny Isles Beach |Request for Qualifications No. 20-07-01 5
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<br />1.11.3 Disputes: If any dispute concerning a question of fact
<br />arises under the Contract, other than termination for
<br />default or convenience, the Contractor and the City
<br />department responsible for the administration of the
<br />Contract shall make a good faith effort to resolve the
<br />dispute. If the dispute cannot be resolved by
<br />agreement, then the department with the advice of the
<br />City Attorney shall resolve the dispute and send a
<br />written copy of its decision to the Contractor, which
<br />shall be binding on both parties.
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<br />1.12 PERFORMANCE BOND:
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<br />Intentionally Omitted
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<br />1.13 PAYMENTS:
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<br />Payment will be made after commodities/services have been
<br />received, accepted, and properly invoiced as indicated in the contract
<br />and/or purchase order. The City holds a firm stance on our standard
<br />NET 30 payment terms and the responding firm shall understand and
<br />accepts this. All invoices must bear the purchase order number.
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<br />1.14 BRAND NAMES:
<br />
<br />Intentionally Omitted
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<br />1.15 MATERIAL:
<br />
<br />Intentionally Omitted
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<br />1.16 SAMPLES:
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<br />Intentionally Omitted
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<br />1.17 QUANTITY GUARANTY:
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<br />Intentionally Omitted
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<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />
<br />Intentionally Omitted
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<br />1.19 SAFETY STANDARDS:
<br />
<br />Intentionally Omitted
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<br />1.20 WARRANTIES:
<br />
<br />Intentionally Omitted.
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<br />1.21 COPYRIGHTS/PATENT RIGHTS:
<br />
<br />Intentionally Omitted
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<br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
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<br />The firm shall be responsible for obtaining and maintaining
<br />throughout the contract period his or her city and county local
<br />business tax receipts. Each Firm submitting a submittal on this
<br />Request for Qualifications shall include a copy of the company’s local
<br />business tax/occupational license(s) with the qualifiers response.
<br />For information specific to City of Sunny Isles Beach local business
<br />tax/occupational licenses, please call Code Enforcement & Licensing
<br />at (305) 792-1705. If the contractor is operating under a fictitious
<br />name as defined in Section 865.059, Florida Statutes, proof of
<br />current registration with the Florida Secretary of State shall be
<br />submitted. A business formed by an attorney actively licensed to
<br />practice law in this state, by a person actively licensed by the
<br />Department of Business and Professional Regulations or the
<br />Department of Health for the purpose of practicing his or her licensed
<br />profession, or by any corporation, partnership, or other commercial
<br />entity that is actively organized or registered with the Department of
<br />State shall submit a copy of the current licensing from the
<br />appropriate agency and/or proof of current active status with the
<br />Division of Corporations of the State of Florida.
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<br />1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
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<br />Firms shall assume the full duty, obligation, and expense of obtaining
<br />all necessary licenses, permits, inspections, and insurance required.
<br />The Firm shall be liable for any damages or loss to the City
<br />occasioned by negligence of the Firm (or their agent) or any person
<br />the Firm has designated in the completion of their contract as a result
<br />of the submission. Firm shall be required to furnish a copy of all
<br />licenses, certificates of competency or other licensor requirements
<br />necessary to practice their profession as required by Florida State
<br />Statute, Miami-Dade County, and City of Sunny Isles Beach Code.
<br />Firm shall include current Miami-Dade County Certificates of
<br />Competency. These documents shall be furnished to the City along
<br />with the Firms response. Failure to furnish these documents or to
<br />have required licensor will be grounds for rejecting the submission.
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<br />1.24 CERTIFICATE (S) OF INSURANCE:
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<br />Firm shall furnish to the Office of the City Clerk, City of Sunny Isles
<br />Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance coverage has
<br />been obtained from an insurance company authorized to do business
<br />in the State of Florida or otherwise secured in a manner satisfactory
<br />to the City, for those coverage types and amounts listed in this
<br />document, in an amount equal to 100% of the requirements and
<br />shall be presented to the City prior to issuance of any Contract(s) or
<br />Award(s) Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this coverage.
<br />The required certificates of insurance shall not only name the types
<br />of policies provided, but shall also refer specifically to this and
<br />section. At the time of Firms submission the Firm must submit
<br />certificates of insurance as outlined in the General Conditions
<br />section. All required insurances shall name the City of Sunny Isles
<br />Beach as additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida. It
<br />shall be the responsibility of the Firm and insurer to notify the City
<br />Manager of the City of Sunny Isles Beach of cancellation, lapse, or
<br />material modification of any insurance policies insuring the Firms,
<br />which relate to the activities of such vendor and the City of Sunny
<br />Isles Beach. Such notification shall be in writing, and shall be
<br />submitted to the City finance support service director thirty (30) days
<br />prior to cancellation of such policies. This requirement shall be
<br />reflected on the certificate of insurance. Failure to fully and
<br />satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager to
<br />implement a rescission of the Bid award without further City
<br />Commission action. The Firm hereby holds the City harmless and
<br />agrees to indemnify City and covenants not to sue the City by virtue
<br />of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Firm shall not transfer or assign the performance required by
<br />this RFQ without the prior written consent of the City Manager. Any
<br />award issued pursuant to the Request for Qualifications and monies,
<br />which may be due hereunder, are not assignable except with prior
<br />written approval of the City Manager. Further, in the event that the
<br />majority ownership or control of the Firm changes hands subsequent
<br />to the award of this contract, Firm shall promptly notify City in writing
<br />(via United States Postal Service – Certified Mail, Return Receipt
<br />Requested) of such change in ownership or control at least thirty
<br />(30) days prior to such change and City shall have the right to
<br />terminate the contract upon sixty (60) days written notice, at City’s
<br />sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Firm shall indemnify, hold harmless, and defend the City of
<br />Sunny Isles Beach, it's officers, agents and employees from and
<br />against any claims, demands or causes of action of whatsoever kind
<br />or nature arising out of error, omission, negligent act, conduct, or
<br />misconduct of the Contractor, their agents, servants or employees in
<br />the provision of goods or the performance of services pursuant to
<br />this RFQ and / or from any procurement decision of the City including
<br />without limitation, awarding the Contract to the Firm.
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