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dispute cannot be resolved by agreement, then the
<br />department with the advice of the City Attorney shall
<br />resolve the dispute and send a written copy of its decision
<br />to the Contractor, which shall be binding on both parties.
<br />1.12 AGREEMENT:
<br />After the Bid award, the City will, at its option, prepare an Agreement
<br />specifying the terms and conditions resulting from the award of this Bid.
<br />The vendor will have ten (10) calendar days after notification of the award
<br />by the City to execute the Agreement and provide the required
<br />Performance Bond.
<br />The Proposers who has the Contract awarded to them and who fails to
<br />execute the Agreement and furnish the Performance Bond and Insurance
<br />Certificates within the specified time shall forfeit the Bid Security that
<br />accompanied their Bid, and the Bid Security shall be retained as liquidated
<br />damages by the City, and it is agreed that this sum is a fair estimate of the
<br />amount of damages the City will sustain in case the Proposers fails to enter
<br />into the Contract and furnish the Bonds as herein before provided. Bid
<br />Security deposited in the form of a cashier's check drawn on a local bank
<br />in good standing shall be subject to the same requirements as a Bid Bond.
<br />The performance of the City of Sunny Isles Beach of any of its obligations
<br />under the agreement shall be subject to and contingent upon the
<br />availability of funds lawfully expendable for the purposes of the agreement
<br />for the current and any future periods provided for within the Bid
<br />specifications.
<br />1.13 PAYMENTS:
<br />Payment will be made after commodities/services have been received,
<br />accepted, and properly invoiced as indicated in the contract and/or
<br />purchase order. Invoices must bear the purchase order number.
<br />1.14 BRAND NAMES:
<br />If a brand name, make, of any "or equal" manufacturer trade name, or
<br />vendor catalog is mentioned whether or not followed by the words
<br />"approved equal" it is for the purpose of establishing a grade or quality of
<br />material only. Vendor may offer equals with appropriate identification,
<br />samples, and/or specifications on such item(s). The City shall be the sole
<br />judge concerning the merits of items Bid as equals.
<br />1.15 MATERIAL:
<br />Material(s) delivered to the City under this Bid shall remain the property
<br />of the seller until accepted to the satisfaction of the City. In the event
<br />materials supplied to City are found to be defective or do not conform to
<br />specifications, the City reserves the right to return the product(s) to the
<br />seller at the sellers expense.
<br />1.16 SAMPLES:
<br />Samples of items, when required, must be furnished by the Proposers free
<br />of charge to the City. Each individual sample must be labeled with the
<br />Proposers name and manufacturer's brand name and delivered by them
<br />within ten (10) calendar days of Proposers receipt of the "Notice to
<br />Proceed", unless schedule indicates a different time. If samples are
<br />requested subsequentto the Bid opening, they should be delivered within
<br />ten (10) calendar days of the request. The City will not be responsible for
<br />returning samples.
<br />1.17 QUANTITY GUARANTY:
<br />No guaranty or warranty is given or implied by the City as to the total
<br />amount that may or may not be purchased from any resulting Contract or
<br />Award. These quantities are for Bid purposes only and will be used for
<br />tabulation and presentation of the Bid. The City reserves the right to
<br />increase or decrease quantities as required, even significantly. The prices
<br />offered herein and the percentage rate of discount applies to other
<br />representative items not listed in this Bid.
<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />In the event any governmental restrictions may be imposed which would
<br />necessitate alteration of the material quality, workmanship, or
<br />performance ofthe items offered on this Bid prior to their delivery, it shall
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<br />1.20
<br />1.21
<br />1.22
<br />1.23
<br />1.24
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<br />be the responsibility of the successful Proposers to notify the Cityat once,
<br />indicating in their letter the specific regulation which required an
<br />alteration. The City of Sunny Isles Beach reserves the right to accept any
<br />such alteration, including any price adjustments occasioned thereby, or to
<br />cancel at no further expense to the City.
<br />SAFETY STANDARDS:
<br />The Proposers warrants that the product(s) supplied to the City conforms
<br />in all respects to the standards set forth in the occupational safety and
<br />health act (OSHA) and its amendments. Bids must be accompanied by a
<br />materials data safety sheet (MSDS) when applicable.
<br />WARRANTIES:
<br />Successful Proposers shall act as agent for the City in the follow-up and
<br />compliance of all items under Warranty/Guaranty and complete all forms
<br />for Warranty/Guarantee coverage under this Contract.
<br />COPYRIGHTS/PATENT RIGHTS:
<br />Proposers warrants that there has been no violation of copyrights or
<br />patent rights in manufacturing, producing or selling of goods shipped or
<br />ordered, as a result of this Bid. The seller agrees to indemnify City from
<br />any and all liability, loss, or expense occasioned by any such violation.
<br />The contractor shall be responsible for obtaining and maintaining
<br />throughout the contract period his or her city and county local business
<br />tax receipts. Each vendor submitting a Bid on this Request to Qualify shall
<br />include a copy of the company's local business tax/occupational license(s)
<br />with the Bid response. For information specific to City of Sunny Isles Beach
<br />local business tax/occupational licenses, please call Code Enforcement &
<br />Licensing at (305) 792-1705. If the contractor is operating under a fictitious
<br />name as defined in Section 865.059, Florida Statutes, proof of current
<br />registration with the Florida Secretary of State shall be submitted with the
<br />Bid. A business formed by an attorney actively licensed to practice law in
<br />this state, by a person actively licensed by the Department of Business and
<br />Professional Regulations or the Department of Health for the purpose of
<br />practicing his or her licensed profession, or by any corporation,
<br />partnership, or other commercial entity that is actively organized or
<br />registered with the Department of State shall submit a copy of the current
<br />licensing from the appropriate agency and/or proof of current active status
<br />with the Division of Corporations of the State of Florida.
<br />LIABILITY, INSURANCE, PERMITS AND LICENSES:
<br />Proposers shall assume the full duty, obligation, and expense of obtaining
<br />all necessary licenses, permits, inspections, and insurance required. The
<br />Proposers shall be liable for any damages or loss to the City occasioned by
<br />negligence of the Proposers (or their agent) or any person the Proposers
<br />has designated in the completion of their contract as a result of the Bid.
<br />Contractor shall be required to furnish a copy of all licenses, certificates of
<br />competency or other licensor requirements necessary to practice their
<br />profession as required by Florida State Statute, Miami -Dade County, and
<br />City of Sunny Isles Beach Code. Contractors shall include current Miami -
<br />Dade County Certificates of Competency. These documents shall be
<br />furnished to the City along with the Bid response. Failure to furnish these
<br />documents or to have required licensor will be grounds for rejecting the
<br />Bid.
<br />Proposers 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 been
<br />obtained from an insurance company authorized to do business in the
<br />State of Florida or otherwise secured in a manner satisfactory to the City,
<br />for those coverage types and amounts listed in this document, in an
<br />amount equal to 100% of the requirements and shall be presented to the
<br />City prior to issuance of any Contract(s) orAward(s) Document(s). The City
<br />of Sunny Isles Beach shall be named as "additional insured" with respect
<br />to this coverage. The required certificates of insurance shall not only name
<br />the types of policies provided, but shall also refer specifically to this Bid
<br />and section. At the time of Bid submission the Proposers must submit
<br />City of Sunny Isles Beach I Request to Qualify No. 22-12-01
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