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<br />City of Sunny Isles Beach |Request for Proposal No. 22-09-01 5
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<br />other interested parties who may be present either in person or
<br />by representative. Bids that are received after the Bid opening
<br />time will not be considered and will not be returned.
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<br />1.11 EVALUATION OF BIDS:
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<br />The City, at its sole discretion, reserves the right to inspect
<br />any/all Proposers facilities to determine their capability of
<br />meeting the requirements for the Contract. Also, price,
<br />responsibility, and responsiveness of the Proposers, the
<br />financial position, experience, staffing, equipment, materials,
<br />references, and past history of service to the City and/or with
<br />other units of state, and/or local governments in Florida, or
<br />comparable private entities, will be taken into consideration in
<br />the Award of the Contract.
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<br />1.11.1 Hold Harmless: All Proposer’s shall hold the City,
<br />it's officials and employees harmless and covenant
<br />not to sue the City, it's officials and employees in
<br />reference to their decisions to reject, award, or not
<br />award a Bid, as applicable.
<br />1.11.2 Cancellation: Failure on the part of the Proposers
<br />to comply with the conditions, specifications,
<br />requirements, and terms as determined by the
<br />City, shall be just cause for cancellation of the
<br />Award.
<br />1.11.3 Disputes: If any dispute concerning a question of
<br />fact arises under the Contract, other than
<br />termination for default or convenience, the
<br />Contractor and the City department responsible
<br />for the administration of the Contract shall make a
<br />good faith effort to resolve the dispute. If the
<br />dispute cannot be resolved by agreement, then the
<br />department with the advice of the City Attorney
<br />shall resolve the dispute and send a written copy of
<br />its decision to the Contractor, which shall be
<br />binding on both parties.
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<br />1.12 AGREEMENT:
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<br />After the Bid award, the City will, at its option, prepare an
<br />Agreement (i.e., Lease Agreement) specifying the terms and
<br />conditions resulting from the award of this Bid. The vendor will
<br />have ten (10) calendar days after notification of the award by
<br />the City to execute the Agreement and provide the required
<br />Performance Bond.
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<br />The Proposers who has the Contract awarded to them and who
<br />fails to execute the Agreement and furnish the Performance
<br />Bond and Insurance Certificates within the specified time shall
<br />forfeit the Bid Security that accompanied their Bid, and the Bid
<br />Security shall be retained as liquidated damages by the City, and
<br />it is agreed that this sum is a fair estimate of the amount of
<br />damages the City will sustain in case the Proposers fails to enter
<br />into the Contract and furnish the Bonds as herein before
<br />provided. Bid Security deposited in the form of a cashier’s check
<br />drawn on a local bank in good standing shall be subject to the
<br />same requirements as a Bid Bond.
<br />The performance of the City of Sunny Isles Beach of any of its
<br />obligations under the agreement shall be subject to and
<br />contingent upon the availability of funds lawfully expendable
<br />for the purposes of the agreement for the current and any
<br />future periods provided for within the Bid specifications.
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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
<br />contract and/or purchase order. Invoices must bear the
<br />purchase order number.
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<br />1.14 BRAND NAMES:
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<br />If a brand name, make, of any "or equal" manufacturer trade
<br />name, or vendor catalog is mentioned whether or not followed
<br />by the words "approved equal" it is for the purpose of
<br />establishing a grade or quality of material only. Vendor may
<br />offer equals with appropriate identification, samples, and/or
<br />specifications on such item(s). The City shall be the sole judge
<br />concerning the merits of items Bid as equals.
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<br />1.15 MATERIAL:
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<br />Material(s) delivered to the City under this Bid shall remain the
<br />property of the seller until accepted to the satisfaction of the
<br />City. In the event materials supplied to City are found to be
<br />defective or do not conform to specifications, the City reserves
<br />the right to return the product(s) to the seller at the seller’s
<br />expense.
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<br />1.16 SAMPLES:
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<br />Samples of items, when required, must be furnished by the
<br />Proposers free of charge to the City. Each individual sample
<br />must be labeled with the Proposers name and manufacturer's
<br />brand name and delivered by them within ten (10) calendar
<br />days of Proposers receipt of the “Notice to Proceed”, unless
<br />schedule indicates a different time. If samples are requested
<br />subsequent to the Bid opening, they should be delivered within
<br />ten (10) calendar days of the request. The City will not be
<br />responsible for returning samples.
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<br />1.17 QUANTITY GUARANTY:
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<br />No guaranty or warranty is given or implied by the City as to the
<br />total amount that may or may not be purchased from any
<br />resulting Contract or Award. These quantities are for Bid
<br />purposes only and will be used for tabulation and presentation
<br />of the Bid. The City reserves the right to increase or decrease
<br />quantities as required, even significantly. The prices offered
<br />herein and the percentage rate of discount applies to other
<br />representative items not listed in this Bid.
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<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
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<br />In the event any governmental restrictions may be imposed
<br />which would necessitate alteration of the material quality,
<br />workmanship, or performance of the items offered on this Bid
<br />prior to their delivery, it shall be the responsibility of the
<br />successful Proposers to notify the City at once, indicating in
<br />their letter the specific regulation which required an alteration.
<br />The City of Sunny Isles Beach reserves the right to accept any
<br />such alteration, including any price adjustments occasioned
<br />thereby, or to cancel at no further expense to the City.
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<br />1.19 SAFETY STANDARDS:
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<br />The Proposers warrants that the product(s) supplied to the City
<br />conforms in all respects to the standards set forth in the
<br />occupational safety and health act (OSHA) and its amendments.
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