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<br />City of Sunny Isles Beach |Request for Qualifications No. 21-11-01 7
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<br />whom it is intended, or to an authorized
<br />representative or such individual, firm, or
<br />corporation, or if delivered at or sent by
<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 submissions at its
<br />sole discretion. The City shall award contract after the City performs
<br />all necessary searches, inquiries, exploration, and analysis of the
<br />submissions. The award of the contract shall be done in accordance
<br />with the Consultants’ Competitive Negotiation Act (“CCNA”), Section
<br />287.055, Florida Statutes. No Notice of Award will be given until the
<br />City has concluded any investigation(s) as they deem necessary to
<br />establish the Firm’s capability to perform the Services as described
<br />in this RFQ as substantiated by the required professional experience,
<br />client references, technical knowledge and qualifications; and
<br />sufficient labor and equipment to comply with the City’s established
<br />standards, as well as the financial capability of the Firms to perform
<br />the Work in accordance with the Contract Documents to the
<br />satisfaction of the City within the time prescribed. The City reserves
<br />the right to reject the submissions of any Firms on the basis of these
<br />queries and investigations and to reject those who do not meet the
<br />City’s satisfaction. When analyzing submissions, the City will take into
<br />consideration client references, past work experience and work
<br />product, proven ability to satisfactorily perform. If the Contract is
<br />awarded, the City will issue the Notice of Award and give the
<br />successful Firm a 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 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
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<br />In consideration of the separate sum of twenty-five dollars ($25.00)
<br />and other valuable consideration, the Firm shall defend, indemnify
<br />and hold harmless the City, its officers, agents and employees, from
<br />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 />connected with the Work described in the Contract Documents, or
<br />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 />Firm will defend, indemnify and hold harmless the City and their
<br />agents or employees from and against all claims, damages, losses
<br />and expenses including attorneys' fees arising out of or resulting
<br />from the performance of the Work, provided that any such claim
<br />damage, loss or expense (a) is attributable to bodily injury, sickness,
<br />disease or death, or to injury to or destruction of tangible property
<br />(other than Work itself) including the loss of use resulting wherefrom
<br />and (b) is caused in whole or in part by any negligent act or omission
<br />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 />whether or not it is caused by a party indemnified hereunder. In the
<br />event that a court of competent jurisdiction determines that Sec.
<br />725.06 (2), F.S. is applicable to this Work, then in lieu of the above
<br />provisions of this section the parties agree that Firm shall indemnify,
<br />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 />provisions shall be deemed to be incorporated herein by reference
<br />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 />upon written notice from City shall defend such action or proceeding
<br />by counsel satisfactory to City. The indemnification provided above
<br />shall obligate Firm to defend at its own expense or to provide for
<br />such defense, at City’s option, any and all claims of liability and all
<br />suits and actions of every name and description that may be brought
<br />against City, excluding only those which allege that the injuries arose
<br />out of the sole negligence of City, which may result from the
<br />operations and activities under this Contract whether the Work be
<br />performed by Firm or by anyone directly or indirectly employed by
<br />either.
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<br />1.36 DECISIONS ON DISAGREEMENTS:
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<br />The City will be the initial interpreter of the Technical Specifications.
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<br />1.37 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 />1.37.1 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 />1.37.2 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 />1.38 MISCELLANEOUS:
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<br />Firm acknowledge the following miscellaneous conditions:
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<br />1.38.1 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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