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<br />City of Sunny Isles Beach |Request for Proposal No. 22-09-01 6
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<br />Bids must be accompanied by a materials data safety sheet
<br />(MSDS) when applicable.
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<br />1.20 WARRANTIES:
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<br />Successful Proposers shall act as agent for the City in the follow-
<br />up and compliance of all items under Warranty/Guaranty and
<br />complete all forms for Warranty/Guarantee coverage under this
<br />Contract.
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<br />1.21 COPYRIGHTS/PATENT RIGHTS:
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<br />Proposers warrants that there has been no violation of
<br />copyrights or patent rights in manufacturing, producing or
<br />selling of goods shipped or ordered, as a result of this Bid. The
<br />seller agrees to indemnify City from any and all liability, loss, or
<br />expense occasioned by any such violation.
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<br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
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<br />The contractor shall be responsible for obtaining and
<br />maintaining throughout the contract period his or her city and
<br />county local business tax receipts. Each vendor submitting a Bid
<br />on this REQUEST FOR PROPOSALS shall include a copy of the
<br />company’s local business tax/occupational license(s) with the
<br />Bid response. For information specific to City of Sunny Isles
<br />Beach local business tax/occupational licenses, please call Code
<br />Enforcement & Licensing at (305) 792-1705. If the contractor is
<br />operating under a fictitious name as defined in Section 865.059,
<br />Florida Statutes, proof of current registration with the Florida
<br />Secretary of State shall be submitted with the Bid. A business
<br />formed by an attorney actively licensed to practice law in this
<br />state, by a person actively licensed by the Department of
<br />Business and Professional Regulations or the Department of
<br />Health for the purpose of practicing his or her licensed
<br />profession, or by any corporation, partnership, or other
<br />commercial entity that is actively organized or registered with
<br />the Department of State shall submit a copy of the current
<br />licensing from the appropriate agency and/or proof of current
<br />active status with the Division of Corporations of the State of
<br />Florida.
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<br />1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
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<br />Proposers shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and
<br />insurance required. The Proposers shall be liable for any
<br />damages or loss to the City occasioned by negligence of the
<br />Proposers (or their agent) or any person the Proposers has
<br />designated in the completion of their contract as a result of the
<br />Bid. Contractor shall be required to furnish a copy of all licenses,
<br />certificates of competency or other licensor requirements
<br />necessary to practice their profession as required by Florida
<br />State Statute, Miami-Dade County, and City of Sunny Isles Beach
<br />Code. Contractors shall include current Miami-Dade County
<br />Certificates of Competency. These documents shall be
<br />furnished to the City along with the Bid response. Failure to
<br />furnish these documents or to have required licensor will be
<br />grounds for rejecting the Bid.
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<br />1.24 CERTIFICATE(S) OF INSURANCE:
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<br />Proposers shall furnish to the Office of the City Clerk, City of
<br />Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach,
<br />Florida 33160, certificate(s) of insurance which indicate that
<br />insurance coverage has been obtained from an insurance
<br />company authorized to do business in the State of Florida or
<br />otherwise secured in a manner satisfactory to the City, for those
<br />coverage types and amounts listed in this document, in an
<br />amount equal to 100% of the requirements and shall be
<br />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
<br />types of policies provided, but shall also refer specifically to this
<br />Bid and section. At the time of Bid submission the Proposers
<br />must submit certificates of insurance as outlined in the General
<br />Conditions section. All required insurances shall name the City
<br />of Sunny Isles Beach as additional insured and such insurance
<br />shall be issued by companies authorized to issue insurance in
<br />the State of Florida. It shall be the responsibility of the
<br />Proposers and insurer to notify the City Manager of the City of
<br />Sunny Isles Beach of cancellation, lapse, or material
<br />modification of any insurance policies insuring the Proposers,
<br />which relate to the activities of such vendor and the City of
<br />Sunny Isles Beach. Such notification shall be in writing, and shall
<br />be submitted to the City finance support service director thirty
<br />(30) days prior to cancellation of such policies. This requirement
<br />shall be reflected on the certificate of insurance. Failure to fully
<br />and satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager
<br />to implement a rescission of the Bid award without further City
<br />Commission action. The Proposers hereby holds the City
<br />harmless and agrees to indemnify City and covenants not to sue
<br />the City by virtue of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance
<br />required by this Bid without prior written consent of the City
<br />Manager. Any award issued pursuant to the REQUEST FOR
<br />PROPOSALS and monies which may be due hereunder are not
<br />assignable except with prior written approval of the City
<br />Manager. Further, in the event that the majority ownership or
<br />control of the Contractor changes hands subsequent to the
<br />award of this contract, Contractor shall promptly notify City in
<br />writing (via United States Postal Service – Certified Mail, Return
<br />Receipt Requested) of such change in ownership or control at
<br />least thirty (30) days prior to such change and City shall have the
<br />right to terminate the contract upon sixty (60) days written
<br />notice, at City’s sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Contractor shall indemnify, hold harmless, and defend the
<br />City of Sunny Isles Beach, it's officers, agents and employees
<br />from and against any claims, demands or causes of action of
<br />whatsoever kind or nature arising out of error, omission,
<br />negligent act, conduct, or misconduct of the Contractor, their
<br />agents, servants or employees in the provision of goods or the
<br />performance of services pursuant to this Bid and / or from any
<br />procurement decision of the City including without limitation,
<br />awarding the Contract to the Contractor.
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<br />1.27 NON-CONFORMANCE TO CONTRACT:
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<br />The City of Sunny Isles Beach may withhold acceptance of, or
<br />reject items which are found upon examination, not to meet the
<br />specification requirements. Upon written notification of
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