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<br /> shall be just cause for cancellation of the Award. Contract or Award. These quantities are for Proposal purposes only
<br /> 1.11.3 Disputes: If any dispute concerning a question of fact and will be used for tabulation and presentation of the Proposal.
<br /> arises under the Contract,other than termination for The City reserves the right to increase or decrease quantities as
<br /> default or convenience,the Contractor and the City required, even significantly. The prices offered herein and the
<br /> department responsible for the administration of the percentage rate of discount applies to other representative items
<br /> _ Contract shall make a good faith effort to resolve the _ not listed in this Proposal.
<br /> dispute. If the dispute cannot be resolved by
<br /> agreement,then the department with the advice of 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br /> the City Attorney shall resolve the dispute and send a
<br /> written copy of its decision to the Contractor,which In the event any governmental restrictions may be imposed which
<br /> shall be binding on both parties. would necessitate alteration of the material quality,workmanship,
<br /> or performance of the items offered on this Proposal prior to their
<br /> 1.12 AGREEMENT• delivery,it shall be the responsibility of the successful Proposers to
<br /> • notify the City at once, indicating in their letter the specific
<br /> After the Proposal award,the City will, at its option, prepare an regulation which required an alteration. The City of Sunny Isles
<br /> Agreement specifying the terms and conditions resulting from the Beach reserves the right to accept any such alteration, including
<br /> award of this Proposal.The vendor will have ten(10)calendar days any price adjustments occasioned thereby, or to cancel at no
<br /> after notification of the award by the City to execute the further expense to the ay.
<br /> Agreement and provide the required Performance Bond.
<br /> The Proposer who has the Contract awarded to it and who fails to 1.19 SAFETY STANDARDS;
<br /> execute the Agreement and furnish the Performance Bond and
<br /> Insurance Certificates within the specified time shall forfeit the The Proposer warrants that the product(s) supplied to the City
<br /> Proposal Security that accompanied their Proposal, and the conforms in all respects to the standards set forth in the
<br /> Proposal Security shall be retained as liquidated damages by the occupational safety and health act(OSHA) and its amendments.
<br /> . City,and it is agreed that this sum is a fair estimate of the amount Proposals must be accompanied by a materials data safety sheet
<br /> of damages the City will sustain in case the Proposer fails to enter (MSDS)when applicable.
<br /> into the Contract and furnish the Bonds as herein before provided.
<br /> Pro�.osal Security deposited in the fah of a cashier's check drawn 1.20 WARRAN T ICS:
<br /> on a local bank in good standing shall be subject to the same
<br /> requirements as a Proposal Bond. Successful Proposers shall act as agent for the City in the follow-up
<br /> The performance of the City of Sunny Isles Beach of any of its and compliance of all items undei Warranty/Guaranty and complete
<br /> obligations under the agreement shall be subject to and contingent all forms for Warranty/Guarantee coverage under this Contract.
<br /> upon the availability of funds lawfully expendable for the purposes
<br /> of the agreement for the current and any future periods provided ' 1.21 COPYRIGHTS/PATENT RIGHTS;
<br /> for within the Proposal specifications.
<br /> . Proposer warrants that there has been no violation of copyrights or
<br /> 1.13 PAYMENTS; patent rights in manufacturing, producing or selling of goods
<br /> ' shipped or ordered, as a result of this Proposal. The Proposer
<br /> Payment will be made after commodities/services have been agrees to indemnify City from any and all liability,loss,or expense
<br /> received, accepted, and properly invoiced as indicated in the occasioned by any such violation.
<br /> contract and/or purchase order. Invoices must bear the purchase
<br /> order number. 1.22 LOCAL BUSINESS TAX(OCCUPATIONAL LICENSE
<br /> REGISTRATION):
<br /> 1.14 BRAND NAMES:
<br /> The Proposer shall be responsible for obtaining and maintaining
<br /> If a brand name, make, of any "or equal" manufacturer trade throughout the contract period his or her city and county local
<br /> name,or vendor catalog is mentioned whether or not followed by business tax receipts. Each Proposer submitting a Proposal on this
<br /> the words"approved equal"it is for the purpose of establishing a Request for Proposal shall include a copy of the company's local
<br /> grade or quality of.material only. Vendor may offer equals with business tax/occupational license(s) with the Proposal response.
<br /> appropriate identification, samples, and/or specifications on such For information specific to City of Sunny Isles Beach local business
<br /> item(s). The City shall be the sole judge concerning the merits of tax/occupational licenses,please call Code Enforcement&Licensing
<br /> items Proposal as equals. 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 /> 1.15 MATERIAL: current registration with the Florida Secretary of State shall be
<br /> submitted with the Proposal. A business formed by an attorney
<br /> Material(s)delivered to the City under this Proposal shall remain actively licensed to practice law in this state,by a person actively
<br /> the property of the seller until accepted to the satisfaction of the licensed by the Department of Business and Professional
<br /> City. In the event materials supplied to City are found to be Regulations or the Department of Health for the purpose of
<br /> detective or do not conform to specifications,the City reserves the practicing his or her licensed profession, or by any corporation,
<br /> nght to return the product(s)to the seller at the seller's expense. partnership,or other commercial entity that is actively organized or
<br /> . registered::h the Department of State shall suhmit o copy of the
<br /> 1.16 SAMPLES: current licensing from the appropriate agency and/or proof of •
<br /> ' current active status with the Division of Corporations of the State
<br /> Samples of items, when required, must be furnished by the of Florida. •
<br /> Proposers free of charge to the City. Each individual sample must
<br /> be labeled with the Proposers name and manufacturer's brand 1.23 LIABILITY,INSURANCE,PERMITS AND LICENSES:
<br /> name and delivered by them within ten (10) calendar days of
<br /> Proposers receipt of the "Notice to Proceed", unless schedule Proposers shall assume the full duty,obligation,andexpense of
<br /> indicates a different time. if samples are requested subsequent to' obtaining all necessary licenses,permits,inspections,and insurance .
<br /> the Proposal opening, they should be delivered within ten (10) required. The Proposers shall be liable for any damages or loss to
<br /> calendar days of the request. The City will not be responsible for the City occasioned by negligence of the Proposers(or their agent)
<br /> returning samples. or any person the Proposers has designated in the completion of
<br /> their contract as a result of the Proposal. Contractor shall be
<br /> 1.17 QUANTITY GUARANTY: required to furnish a copy of all licenses,certificates of competency
<br /> or other licensor requirements necessary to practice their
<br /> No guaranty or warranty is given or implied by the City as to the profession as required by Florida State Statute, Miami-Dade
<br /> total amount that may or may not be purchased from any resulting County, and City of Sunny Isles Beach Code. Contractors shall
<br /> REQUEST FOR PROPOSAL NO. 19-07-02 5
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