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<br />5 <br /> <br />CITY OF SUNNY ISLES BEACH <br />18070 Collins Ave. | Sunny Isles Beach, FL 33160 <br />305.792.1707 | sibfl.net | Purchasing@sibfl.net <br />CITY OF SUNNY ISLES BEACH <br />18070 Collins Ave. | Sunny Isles Beach, FL 33160 <br />305.792.1707 | sibfl.net | Purchasing@sibfl.net <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 Bidders 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 /> <br />1.13 PAYMENTS: <br /> <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 /> <br />1.14 BRAND NAMES: <br /> <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 /> <br />1.15 MATERIAL: <br /> <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 seller’s expense. <br /> <br />1.16 SAMPLES: <br /> <br />Samples of items, when required, must be furnished by the Bidders free of <br />charge to the City. Each individual sample must be labeled with the <br />Bidders name and manufacturer's brand name and delivered by them <br />within ten (10) calendar days of Bidders receipt of the “Notice to Proceed”, <br />unless schedule indicates a different time. If samples are requested <br />subsequent to the Bid opening, they should be delivered within ten (10) <br />calendar days of the request. The City will not be responsible for returning <br />samples. <br /> <br />1.17 QUANTITY GUARANTY: <br /> <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 /> <br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: <br /> <br />In the event any governmental restrictions may be imposed which would <br />necessitate alteration of the material quality, workmanship, or <br />performance of the items offered on this Bid prior to their delivery, it shall <br />be the responsibility of the successful Bidders to notify the City at 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 /> <br />1.19 SAFETY STANDARDS: <br /> <br />The Bidders warrants that the product(s) supplied to the City conforms in <br />all respects to the standards set forth in the occupational safety and health <br />act (OSHA) and its amendments. Bids must be accompanied by a materials <br />data safety sheet (MSDS) when applicable. <br /> <br />1.20 WARRANTIES: <br /> <br />Successful Bidders 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 /> <br />1.21 COPYRIGHTS/PATENT RIGHTS: <br /> <br />Bidders warrants that there has been no violation of copyrights or patent <br />rights in manufacturing, producing or selling of goods shipped or ordered, <br />as a result of this Bid. The seller agrees to indemnify City from any and all <br />liability, loss, or expense occasioned by any such violation. <br /> <br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): <br /> <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 for Bid 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 <br />fictitious name as defined in Section 865.059, Florida Statutes, proof of <br />current registration with the Florida Secretary of State shall be submitted <br />with the Bid. A business formed by an attorney actively licensed to practice <br />law in this state, by a person actively licensed by the Department of <br />Business and Professional Regulations or the Department of Health for the <br />purpose of 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 /> <br />1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: <br /> <br />Bidders shall assume the full duty, obligation, and expense of obtaining all <br />necessary licenses, permits, inspections, and insurance required. The <br />Bidders shall be liable for any damages or loss to the City occasioned by <br />negligence of the Bidders (or their agent) or any person the Bidders has <br />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 /> <br />1.24 CERTIFICATE(S) OF INSURANCE: <br /> <br />Bidders 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) or Award(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 Bidders must submit <br />certificates of insurance as outlined in the General Conditions section. All <br />required insurances shall name the City of Sunny Isles Beach as additional <br />insured and such insurance shall be issued by companies authorized to <br />issue insurance in the State of Florida. It shall be the responsibility of the <br />Bidders and insurer to notify the City Manager of the City of Sunny Isles <br />Beach of cancellation, lapse, or material modification of any insurance <br />policies insuring the Bidders, which relate to the activities of such vendor <br />and the City of Sunny Isles Beach. Such notification shall be in writing and <br />shall be submitted to the City finance support service director thirty (30) <br />days prior to cancellation of such policies. This requirement shall be <br />reflected on the certificate of insurance. Failure to fully and satisfactorily <br />comply with the city's insurance and bonding requirements set forth <br />herein will authorize the City Manager to implement a rescission of the Bid <br />award without further City Commission action. The Bidders hereby holds <br />the City harmless and agrees to indemnify City and covenants not to sue <br />the City by virtue of such rescission. <br /> <br />1.25 ASSIGNMENT: <br /> <br />The Contractor shall not transfer or assign the performance required by <br />this Bid without prior written consent of the City Manager. Any award <br />issued pursuant to the Invitation for Bid and monies which may be due