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<br />City of Sunny Isles Beach |Request for Proposal No. 21-06-01 5
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<br />staffing, equipment, materials, references, and past history of
<br />service to the City and/or with other units of state, and/or local
<br />governments in Florida, or comparable private entities, will be taken
<br />into consideration in the Award of the Contract.
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<br />1.11.1 Hold Harmless: All Firm’s shall hold the City, it's
<br />officials and employees harmless and covenant not to
<br />sue the City, it's officials and employees in reference to
<br />their decisions to reject, award, or not award a
<br />submission, as applicable.
<br />1.11.2 Cancellation: Failure on the part of the Firm to comply
<br />with the conditions, specifications, requirements, and
<br />terms as determined by the City, shall be just cause for
<br />cancellation of the Award.
<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 />The City of Sunny Isles Beach shall require the successful Bidder to
<br />furnish a Performance Bond and Payment Bond in the amount of
<br />100% of the total Bid Price, with the City of Sunny Isles Beach as
<br />the Obligee, as security for the faithful performance of the Contract
<br />and for the payment of all persons performing labor or furnishing
<br />materials in connection herewith within ten (10) calendar days after
<br />issuance of the Notice of Award by the City. The Performance and
<br />Payment Bond shall continue in effect through the contract term.
<br />The bonds shall be with a surety company authorized to do business
<br />in the State of Florida and having been in business with a record of
<br />successful continuous operation for at least five (5) years.
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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:
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<br />Intentionally Omitted
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<br />1.15 MATERIAL:
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<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:
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<br />Intentionally Omitted
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<br />1.19 SAFETY STANDARDS:
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<br />The equipment shall conform to all applicable OSHA, State of Florida
<br />and Federal safety requirements.
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<br />1.20 WARRANTIES:
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<br />Intentionally Omitted.
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<br />1.21 COPYRIGHTS/PATENT RIGHTS:
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<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 Proposal 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 operator 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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