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requiremennts, and terms as deetermined by the Cityy,Contract or Awaard. These quantitiess are for Bid purposess only and
<br />shall be jusst cause for cancellatioon of the Award. will be used foor tabulation and pressentation of the Bid. The City
<br />1.111.3 Disputes: If any dispute concerning a question of factreserves the rigght to increase or deecrease quantities as required,
<br />arises under the Contract, other than termination foreven significantly. The prices offerred herein and the peercentage
<br />oontractor and the Cityyrate of discounnt applies to other reppresentative items nott listed in
<br />default or convenience, the C
<br />departmennt responsible for the administration of theethis Bid.
<br />Contract shall make a good faith effort to resolve thee
<br />dispute. If the dispute cannnot be resolved byy1.18GOVERNMENTTAL RESTRICTIONSS ON MATERIALS:
<br />agreementt, then the departmeent with the advice of
<br />the City Atttorney shall resolve thhe dispute and send aaIn the event anny governmental restrrictions may be impossed which
<br />written copy of its decision to the Contractor, whichhwould necessitaate alteration of the mmaterial quality, workkmanship,
<br />shall be binnding on both parties..or performancee of the items offerred on this Bid priorr to their
<br />delivery, it shall be the responsibilityy of the successful Prooposers to
<br />1.12 AGGREEMENT: notify the Cityy at once, indicatingg in their letter thee specific
<br />regulation whicch required an alterattion. The City of Suunny Isles
<br />Aftter the Bid award, the City will, at itss option, prepare annBeach reservess the right to accept any such alteration,
<br />including
<br />Aggreement specifying thhe terms and conditioons resulting from theeany price adjuustments occasioned thereby, or to canccel at no
<br />awward of this Bid. The vendor will have ten (110) calendar days afterfurther expensee to the City.
<br />nootification of the awardd by the City to execuute the Agreement andd
<br />proovide the required Perrformance Bond. 1.19SAFETY STANDARDS:
<br />Thhe Proposers who hass the Contract awardded to them and whoo
<br />fails to execute the Agrreement and furnish tthe Performance BonddThe Proposers warrants that the product(s) supplied too the City
<br />and Insurance Certificattes within the specifiedd time shall forfeit theeconforms in aall respects to the standards set forthh in the
<br />Bidd Security that accommpanied their Bid, and the Bid Security shallloccupational saafety and health act (OSHA) and its ameendments.
<br />be retained as liquidatedd damages by the Cityy, and it is agreed thatBids must be acccompanied by a mateerials data safety sheeet (MSDS)
<br />thiis sum is a fair estimaate of the amount of damages the City willlwhen applicablee.
<br />susstain in case the Proposers fails to enter into the Contract andd
<br />furrnish the Bonds as herein before provided. Bid Security depositedd1.20WARRANTIESS:
<br />inthe form of a cashieer’s check drawn on a local bank in goodd
<br />staanding shall be subject to the same requiremments as a Bid Bond. Successful Propposers shall act as ageent for the City in the follow-up
<br />Thhe performance of thee City of Sunny Isless Beach of any of itssand compliancee of all items under Waarranty/Guaranty andcomplete
<br />obbligations under the aggreement shall be subbject to and contingentall forms for Waarranty/Guarantee covverage under this Conttract.
<br />uppon the availability of funds lawfully expenddable for the purposess
<br />ofthe agreement for thhe current and any fuuture periods providedd1.21COPYRIGHTSS/PATENT RIGHTS:
<br />forr within the Bid specifiications.
<br />Proposers warrrants that there has bbeen no violation of ccopyrights
<br />1.13 PAAYMENTS:or patent rightts in manufacturing, producing or selling of goods
<br />shipped or ordered, as a result of tthis Bid. The seller aagrees to
<br />Paayment will be madde after commoditiess/services have beennindemnify Cityy from any and alll liability, loss, or expense
<br />recceived, accepted, annd properly invoiced as indicated in theeoccasioned by aany such violation.
<br />contract and/or purchasse order. Invoices must bear the purchasee
<br />ordder number. 1.22LOCAL BUSINNESS TAX (OCCUPATTIONAL LICENSE
<br />REGISTRATIOON):
<br />1.14 BRRAND NAMES:
<br />The contractor shall be responsible for obtaining and maaintaining
<br />Ifa brand name, makke, of any "or equal" manufacturer tradeethroughout thee contract period his or her city and couunty local
<br />name, or vendor catalogg is mentioned whethher or not followed byybusiness tax rreceipts. Each venddor submitting a Bidd on this
<br />thee words "approved eqqual" it is for the purpose of establishing aaRequest for Prooposal shall include aa copy of the company’s local
<br />graade or quality of matterial only. Vendor mmay offer equals withhbusiness tax/occcupational license(s)) with the Bid responnse. For
<br />appropriate identificatioon, samples, and/or sspecifications on suchhinformation speecific to City of Sunny Isles Beach local business
<br />iteem(s). The City shall be the sole judge conncerning the merits ooftax/occupationaal licenses, please call Code Enforcement &
<br />Licensing
<br />iteems Bid as equals. at (305) 792-17705. If the contractorr is operating under aa fictitious
<br />name as definned in Section 865.0559, Florida Statutes, proof of
<br />1.15 MAATERIAL:current registraation with the Floridaa Secretary of State shall be
<br />submitted with the Bid. A business formed by an attorneey actively
<br />Maaterial(s) delivered too the City under this Bid shall remain theelicensed to pracctice law in this statee, by a person activelyy licensed
<br />prooperty of the seller unntil accepted to the saatisfaction of the Cityy.by the Departmment of Business and Professional Regulatioons or the
<br />In the event materials ssupplied to City are found to be defective orDepartment offHealth for the purppose of practicing his or her
<br />doo not conform to speecifications, the City reserves the right toolicensed professsion, or by any corpporation, partnership, or other
<br />retturn the product(s) to the seller at the sellerr’s expense. commercial enttity that is actively orrganized or registeredd with the
<br />Department ofState shall submit a copy of the current licensing
<br />1.16 SAAMPLES:from the approopriate agency and/orr proof of current actiive status
<br />with the Divisioon of Corporations of the State of Florida.
<br />Samples of items, whhen required, must be furnished by thee
<br />Prooposers free of chargee to the City. Each inndividual sample must1.23LIABILITY, INNSURANCE, PERMITTS AND LICENSES:
<br />be labeled with the Proposers name and manufacturer's brandd
<br />name and delivered byy them within ten (10) calendar days oofProposers shalll assume the full dutty, obligation, and exxpense of
<br />Prooposers receipt of the “Notice to Proceeed”, unless scheduleeobtaining all neecessary licenses, permmits, inspections, and insurance
<br />inddicates a different time. If samples are reqquested subsequent toorequired. The Proposers shall be liable for any damages or loss to
<br />thee Bid opening, they should be delivered within ten (10) calendarthe City occasiooned by negligence off the Proposers (or theeir agent)
<br />days of the request. Thhe City will not be ressponsible for returninggor any person the Proposers has deesignated in the completion of
<br />sammples. their contract as a result of the Bid. Contractor shall be reequired to
<br />furnish a copy of all licenses, certifficates of competencyy or other
<br />1.17 QUUANTITY GUARANTTY: licensor requireements necessary too practice their profeession as
<br />required by Floorida State Statute, Miami-Dade County, annd City of
<br />Noo guaranty or warrantty is given or implied by the City as to theeSunny Isles Beach Code. Contractoors shall include current Miami-
<br />tottal amount that may oor may not be purchassed from any resultinggDade County CCertificates of Compettency. These documeents shall
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