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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />
<br />The City reserves the right to reject any and all Bids at its sole
<br />discretion. Bids shall be awarded by the City after the City
<br />performs all necessary searches, inquiries, exploration, and
<br />analysis of the Bids. The RFP shall be awarded to the highest
<br />ranked responsive and responsible Bidder whose Bid best
<br />serves the interests of and represents the best value to the
<br />City.No Notice of Award will be given until the City has
<br />concluded any investigation(s) as they deem necessary to
<br />establish the Proposer’s capability to perform the Services as
<br />described in this RFP, ITB, RFQ or ITQ, as substantiated by the
<br />required professional experience, client references, technical
<br />knowledge and qualifications; and sufficient labor and
<br />equipment to comply with the City’s established standards, as
<br />well as the financial capability of the Proposer to perform the
<br />Work in accordance with the Contract Documents to the
<br />satisfaction of the City within the time prescribed. The City
<br />reserves the right to reject the Bid of any Proposers on the basis
<br />of these queries and investigations and who does not meet the
<br />City’s satisfaction, even though the firm may be the lowest
<br />dollars and cents Bid. In analyzing Bids, the City will also take
<br />into consideration client references, past work experience and
<br />work product, proven ability to satisfactorily perform. If the
<br />Contract is awarded, the City will issue the Notice of Award and
<br />give the successful Proposers a Contract for execution within
<br />ninety (90) days after opening of Bids. The City specifically
<br />reserves the right to award the contract to a proposer who is
<br />not necessarily the lowest dollars and cents proposers on the
<br />basis of the results of these queries and investigation(s).
<br />
<br />1.32 EXECUTION OF AGREEMENT:
<br />
<br />At least four counterparts of the Agreement, the Performance
<br />Bond, the Certificates of Insurance and such other Documents
<br />as required by the Contract Documents shall be executed and
<br />delivered by Contractor to the City within ten (10) calendar days
<br />of receipt of the Notice of Award.
<br />
<br />1.33 LAWS AND REGULATIONS:
<br />
<br />The Contractor will give all notices and comply with all laws,
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Contractor observes that the Specifications are at variance
<br />therewith, they will give the City prompt written notice thereof,
<br />and any necessary changes shall be adjusted by an appropriate
<br />modification. If the Contractor performs any Work knowing it
<br />to be contrary to such laws, ordinances, rules and regulations,
<br />and without such notice to the City, they will bear all costs
<br />arising wherefrom.
<br />
<br />1.34 TAXES:
<br />
<br />The City of Sunny Isles Beach is exempt from sales tax imposed
<br />by the State and/or Federal Government. Florida Sales Tax
<br />Exemption No. 23-00-477131-54C appears on each purchase
<br />order. Exemption certificates are available upon request.
<br />
<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />
<br />In consideration of the separate sum of twenty-five dollars
<br />($25.00) and other valuable consideration, the Contractor shall
<br />defend, indemnify and hold harmless the City, its officers,
<br />agents and employees, from or on account of any injuries or
<br />damages, received or sustained by any person or persons during
<br />or on account of any operations connected with the Work
<br />described in the Contract Documents, or by or in consequence
<br />of any negligence in connection with the same; or by use of any
<br />improper materials or by or on account of any act or omission
<br />of the said Contractor or his Sub-Contractor, agents, servants or
<br />employees. The Contractor will defend, indemnify and hold
<br />harmless the City and their agents or employees from and
<br />against all claims, damages, losses and expenses including
<br />attorneys' fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or
<br />death, or to injury to or destruction of tangible property (other
<br />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
<br />omission of the Contractor, Sub-Contractor, anyone directly or
<br />indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is
<br />caused by a party indemnified hereunder. In the event that a
<br />court of competent jurisdiction determines that Sec. 725.06 (2),
<br />F.S. is applicable to this Work, then in lieu of the above
<br />provisions of this section the parties agree that Contractor shall
<br />indemnify, defend and hold harmless the City, their officers and
<br />employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.S., which statutory provisions shall be deemed to be
<br />incorporated herein by reference as if fully set forth herein. In
<br />the event that any action or proceeding is brought against City
<br />by reason of any such claim or demand, Contractor, upon
<br />written notice from City shall defend such action or proceeding
<br />by counsel satisfactory to City. The indemnification provided
<br />above shall obligate Contractor to defend at its own expense or
<br />to provide for such defense, at City’s option, any and all claims
<br />of liability and all suits and actions of every name and
<br />description that may be brought against City, excluding only
<br />those which allege that the injuries arose out of the sole
<br />negligence of City, which may result from the operations and
<br />activities under this Contract whether the Work be performed
<br />by Contractor, its Sub-Contractors, or by anyone directly or
<br />indirectly employed by either.
<br />
<br />1.36 DECISIONS ON DISAGREEMENTS:
<br />
<br />The City will be the initial interpreter of the Technical
<br />Specifications.
<br />
<br />1.37 CITY MAY TERMINATE:
<br />
<br />Default. The occurrence of any one or more of the following
<br />events shall constitute a default by Tenant under the Lease:
<br />
<br />1.37.1 Unless previously consented in writing by Landlord,
<br />the failure of Tenant to operate the Premises with the Permitted
<br />Use for more than 30 consecutive days, other than failure to
<br />operate caused, in the reasonable opinion of Landlord, by a
<br />casualty to the Premises.
<br />1.37.2 The failure by Tenant to make any payment of Base
<br />Monthly Rent, Percentage Rent, Impositions or any other
<br />payment required to be made by Tenant hereunder, where such
<br />failure shall continue for a period of seven (7) days.
<br />1.37.3 Except as otherwise provided in the Lease, the
<br />failure by Tenant to observe or perform any of the non-
<br />monetary covenants, conditions, or provisions of the Lease to
<br />be observed or performed by Tenant, where such failure shall
<br />continue for a period of thirty (30) days after written notice
<br />thereof from Landlord to Tenant; provided, however, that if the
<br />nature of Tenant's noncompliance is such that more than thirty
<br />(30) days are reasonably required for its cure, then Tenant shall
<br />not be deemed to be in default if Tenant commences such cure
<br />within said 30-day period and thereafter diligently prosecutes
<br />such cure to completion and the final determination thereof.
<br />1.37.4 The admission by Tenant of its inability to pay
<br />debts as they mature.
<br />1.37.5 Institution by or against Tenant of any bankruptcy,
<br />insolvency, reorganization, receivership or other similar
<br />proceeding involving the creditors of Tenant which, if instituted
<br />against Tenant is not dismissed within sixty (60) days after the
<br />commencement thereof;
<br />1.37.6 The issuance or filing of any judgment, attachment,
<br />levy, garnishment or the commencement of any related
<br />proceeding or the commencement of any other judicial process
<br />upon or with respect to Tenant, all or substantially all of the
<br />assets of Tenant or the Premises.
<br />1.37.7 Sale or other disposition by Tenant of substantially
<br />all of its assets or
<br />1.37.8 Dissolution, merger, consolidation, termination of
<br />existence, insolvency, business failure or assignment for the
<br />benefit of creditors of or by Tenant.
<br />1.37.9 Any material statement, representation or
<br />information made or furnished by or on behalf of Tenant to
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