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<br />City of Sunny Isles Beach |Request for Proposal No. 22-09-01 7 <br /> <br />rejection, items shall be removed within (5) calendar days by the <br />vendor at their own expense and redelivered at their expense. <br />Rejected goods left longer than thirty (30) calendar days will be <br />regarded as abandoned and the City shall have the right to <br />dispose of them as its own property. Rejection for non- <br />conformance or failure to meet delivery schedules may result in <br />the Contractor being found in default. <br /> <br />1.28 DEFAULT PROVISION: <br /> <br />In case of default by the Proposers, the City of Sunny Isles Beach <br />may procure the articles or services from other sources and hold <br />the Proposers responsible for any excess costs occasioned or <br />incurred thereby. <br /> <br />1.29 SECONDARY/OTHER VENDORS: <br /> <br />The City reserves the right in the event the primary vendor <br />cannot provide an item(s) or service(s) in a timely manner as <br />requested, to seek other sources without violating the intent of <br />the Contract. <br /> <br />1.30 DEFINITIONS: <br /> <br />Wherever used in these General Conditions or in the other <br />Contract Documents, the following terms shall have the <br />meaning indicated which shall be applicable to both the <br />singular and plural thereof: <br /> <br />Acceptance: Acceptance by the City of the Work as <br />being fully complete in accordance <br />with the Contract Documents subject <br />to waiver of claims. <br /> <br />Agreement or Lease: The written Agreement (i.e., Lease <br />Agreement) between the City and the <br />Contractor covering the Work to be <br />performed, and the lease terms and <br />conditions, which includes the <br />Contract Documents. As used herein, <br />“Lease” shall have the same meaning <br />as “Agreement”. <br /> <br />Addenda: Written or graphic instruments issued <br />prior to the Bid Opening which modify <br />or interpret the Contract Documents, <br />Drawings and Specifications, by <br />addition, deletions, clarifications or <br />corrections. <br /> <br />Approved: Means approved by the City. <br /> <br />Bid or Proposal: The offer of the Proposers submitted <br />on the prescribed form setting forth <br />the prices for the Work to be <br />performed. <br /> <br />Proposers: Any person, firm or corporation <br />submitting a Bid for Work. As used <br />herein, “Firm”, “Proposing Firm”, <br />“Vendor” and “Bidder” shall have the <br />same meaning as “Proposers”. In any <br />resultant Agreement, the Proposer as <br />defined herein, shall mean the <br />Tenant. <br /> <br />Bonds: Bid, performance bond and other <br />instruments of security, furnished by <br />the Contractor and their surety in <br />accordance with the Contract <br />Documents and in accordance with <br />the law of the State of Florida. <br /> <br />Change Order: A written order to the Contractor <br />signed by the City authorizing an <br />addition, deletion or revision in the <br />Work, or an adjustment in the <br />Contract Price or the Contract Time <br />issued after execution of the <br />Agreement. <br /> <br />City: City of Sunny Isles Beach, 18070 <br />Collins Avenue, Sunny Isles Beach, <br />Florida 33160. <br /> <br />Contract Documents: Contract Documents shall include, <br />Instructions to Proposers, <br />Contractor's Bid, the Bonds, the <br />Notice of Award, the Agreement <br />between the City and Contractor as <br />well as any addenda thereto, these <br />General Conditions, Special <br />Conditions, the Technical <br />Specifications, Drawings and <br />Modifications, Notice to Proceed, <br />REQUEST FOR PROPOSALS, Insurance <br />Certificates, Change Orders and <br />Acknowledgment of Conformance <br />with the City of Sunny Isles Beach. <br /> <br />Contract Price: The amount Tenant shall pay the City <br />base rent and a percentage rent based <br />on the Tenant’s net sales, in addition <br />to all other Impositions and payments <br />required under a resultant Lease. <br /> <br />Contract Time: The initial term and renewal terms, if <br />any, of the resultant Lease. <br /> <br />Contracting Officer: The individual who is authorized to <br />sign the contract documents on behalf <br />of the City’s governing body. <br /> <br />Contractor: The person, firm or corporation with <br />whom the City has executed this <br />Agreement. As used herein, “Tenant” <br />or “Operator” shall have the same <br />meaning as “Contractor”. <br /> <br />Day: A calendar day of twenty-four hours <br />measured from midnight to the next <br />midnight. <br /> <br />Field Order: A written order issued by the City <br />which clarifies or interprets the <br />Contract Documents or orders minor <br />changes in the Work. <br /> <br />Modification: Modification means any one of the <br />following: (a) a written amendment of