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Proposers warrants that there has been no violation of copyrights or
<br />Payment will be made after commodities/services have been patent rights in manufacturing, producing or selling of goods shipped
<br />received, accepted, and properly invoiced as indicated in the contract or ordered, as a result of this Bid. The seller agrees to indemnify
<br />and/or purchase order. Invoices must bear the purchase order City from any and all liability, loss, or expense occasioned by any
<br />number. such violation.
<br />1.14 BRAND NAMES: 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
<br />If a brand name, make, of any "or equal" manufacturer trade name,
<br />or vendor catalog is mentioned whether or not followed by the words The Contractor shall be responsible for obtaining and maintaining
<br />"approved equal" it is for the purpose of establishing a grade or throughout the contract period his or her city and county local
<br />quality of material only. Vendor may offer equals with appropriate business tax receipts. Each vendor submitting a Bid on this
<br />identification, samples, and/or specifications on such item(s). The INVITATION TO BID shall include a copy of the company’s local
<br />City shall be the sole judge concerning the merits of items Bid as business tax/occupational license(s) with the Bid response. For
<br />equals. information specific to City of Sunny Isles Beach local business
<br />tax/occupational licenses, please call Code Enforcement & Licensing
<br />1.15 MATERIAL: at (305) 792-1705. If the Contractor is operating under a fictitious
<br />name as defined in Section 865.059, Florida Statutes, proof of
<br />Material(s) delivered to the City under this Bid shall remain the current registration with the Florida Secretary of State shall be
<br />property of the seller until accepted to the satisfaction of the City. submitted with the Bid. A business formed by an attorney actively
<br />In the event materials supplied to City are found to be defective or licensed to practice law in this state, by a person actively licensed by
<br />do not conform to specifications, the City reserves the right to return the Department of Business and Professional Regulations or the
<br />the product(s) to the seller at the seller’s expense.Department of Health for the purpose of practicing his or her licensed
<br />profession, or by any corporation, partnership, or other commercial
<br />1.16 SAMPLES:
<br />entity that is actively organized or registered with the Department of
<br />State shall submit a copy of the current licensing from the
<br />Sampl
<br />es of items, when required, must be furnished by the appropriate agency and/or proof of current active status with the
<br />Proposers free of charge to the City. Each individual sample must Division of Corporations of the State of Florida.
<br />be labeled with the Proposers name and manufacturer's brand name
<br />and delivered by them within ten (10) calendar days of Proposers 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
<br />receipt of the “Notice to Proceed”, unless schedule indicates a
<br />Proposers shall assume the full duty, obligation, and expense of
<br />different time. If samples are requested subsequent to the Bid
<br />opening, they should be delivered within ten (10) calendar days of obtaining all necessary licenses, permits, inspections, and insurance
<br />the request. The City will not be responsible for returning samples.required. The Proposers shall be liable for any damages or loss to
<br />the City occasioned by negligence of the Proposers (or their agent)
<br />1.17 QUANTITY GUARANTY: or any person the Proposers has designated in the completion of
<br />their contract as a result of the Bid. Contractor shall be required to
<br />No guaranty or warranty is given or implied by the City as to the total
<br />furnish a copy of all licenses, certificates of competency or other
<br />amount that may or may not be purchased from any resulting licensor requirements necessary to practice their profession as
<br />Contract or Award. These quantities are for Bid purposes only and required by Florida State Statute, Miami-Dade County, and City of
<br />will be used for tabulation and presentation of the Bid. The City Sunny Isles Beach Code. Contractors shall include current Miami-
<br />reserves the right to increase or decrease quantities as required, Dade County Certificates of Competency. These documents shall be
<br />even significantly. The prices offered herein and the percentage rate furnished to the City along with the Bid response. Failure to furnish
<br />these documents or to have required licensor will be grounds for
<br />of discount applies to other representative items not listed in this Bid.
<br />rejecting the Bid.
<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />1.24 CERTIFICATE(S) OF INSURANCE:
<br />In the event any governmental restrictions may be imposed which
<br />would necessitate alteration of the material quality, workmanship, or Proposers shall furnish to the Office of the City Clerk, City of Sunny
<br />performance of the items offered on this Bid prior to their delivery, Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />it shall be the responsibility of the successful Proposers to notify the certificate(s) of insurance which indicate that insurance coverage has
<br />City at once, indicating in their letter the specific regulation which been obtained from an insurance company authorized to do business
<br />required an alteration. The City of Sunny Isles Beach reserves the in the State of Florida or otherwise secured in a manner satisfactory
<br />right to accept any such alteration, including any price adjustments to the City, for those coverage types and amounts listed in this
<br />occasioned thereby, or to cancel at no further expense to the City. document, in an amount equal to 100% of the requirements and
<br />shall be presented to the City prior to issuance of any Contract(s) or
<br />1.19 SAFETY STANDARDS:Award(s) Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this coverage. The
<br />The Proposers warrants that the product(s) supplied to the City required certificates of insurance shall not only name the types of
<br />conforms in all respects to the standards set forth in the occupational policies provided, but shall also refer specifically to this Bid and
<br />safety and health act (OSHA) and its amendments. Bids must be section. At the time of Bid submission the Proposers must submit
<br />accompanied by a materials data safety sheet (MSDS) when certificates of insurance as outlined in the General Conditions
<br />applicable.Contractor shall take all necessary precautions for the section. All required insurances shall name the City of Sunny Isles
<br />safety of employees, andshall erect and properly maintain at all Beach as additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida. It
<br />times all necessary safeguards for the protection of the employees
<br />shall be the responsibility of the Proposers and insurer to notify the
<br />and the public. Contractor shall follow all OSHA Safety Standards.
<br />City Manager of the City of Sunny Isles Beach of cancellation, lapse,
<br />Danger signs warning against hazards created by his/ her operation
<br />and work in progress must be posted.or material modification of any insurance policies insuring the
<br />Proposers, which relate to the activities of such vendor and the City
<br />All employees of the Contractor shall be expected to wear safety of Sunny Isles Beach. Such notification shall be in writing, and shall
<br />be submitted to the City finance support service director thirty (30)
<br />glasses or goggles, appropriate clothing, and hearing protection
<br />days prior to cancellation of such policies. This requirement shall be
<br />when and wherever applicable. The Contractor shall use only
<br />reflected on the certificate of insurance. Failure to fully and
<br />equipment that is fully operational and in safe operating order.
<br />Contractor shall be especially careful when servicing property when satisfactorily comply with the city's insurance and bonding
<br />pedestrians and/ or vehicles are in close proximity — work shall requirements set forth herein will authorize the City Manager to
<br />cease until it is safe to proceed. implement a rescission of the Bid award without further City
<br />Commission action. The Proposers hereby holds the City harmless
<br />1.20 WARRANTIES: and agrees to indemnify City and covenants not to sue the City by
<br />virtue of such rescission.
<br />Successful Proposers shall act as agent for the City in the follow-up
<br />and compliance of all items under Warranty/Guaranty and complete 1.25 ASSIGNMENT:
<br />all forms for Warranty/Guarantee coverage under this Contract.
<br />The Contractor shall not transfer or assign the performance required
<br />1.21 COPYRIGHTS/PATENT RIGHTS: by this Bid without prior written consent of the City Manager. Any
<br />award issued pursuant to the INVITATION TO BID and monies which
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