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CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net of ownership, control and management of such related days of Bidders receipt of the “Notice to Proceed”, unless parties in the preparation and submittal of such bid or bids. schedule indicates a different time. If samples are "Related parties" means bidders or the principals thereof requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent City will not be responsible for returning samples. company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for 1.23 QUANTITY GUARANTY: the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have No guaranty or warranty is given or implied by the City as engaged in collusion may also be suspended or debarred, to the total amount that may or may not be purchased from and any contract resulting from collusive bidding may be any resulting Contract or Award. These quantities are for terminated for cause. Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to 1.18 AGREEMENT: increase or decrease quantities as required, even significantly. The prices offered herein and the percentage After the Bid award, the City will, at its option, prepare an rate of discount applies to other representative items not Agreement specifying the terms and conditions resulting listed in this Bid. from the award of this Bid. The Bidder will have ten (10) calendar days after notification of the award by the City to 1.24 GOVERNMENTAL RESTRICTIONS ON MATERIALS: execute the Agreement and provide the required Performance Bond. In the event any governmental restrictions may be imposed which would necessitate alteration of the material The Bidders who has the Contract awarded to them and quality, workmanship, or performance of the items offered who fails to execute the Agreement and furnish the on this Bid prior to their delivery, it shall be the Performance Bond and Insurance Certificates within the responsibility of the successful Bidders to notify the City at specified time shall forfeit the Bid Security that once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed reserves the right to accept any such alteration, including that this sum is a fair estimate of the amount of damages any price adjustments occasioned thereby, or to cancel at the City will sustain in case the Bidders fails to enter into no further expense to the City. the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s 1.25 SAFETY STANDARDS: check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The Bidders warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in The performance of the City of Sunny Isles Beach of any the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully data safety sheet (MSDS) when applicable. expendable for the purposes of the agreement for the current and any future periods provided for within the Bid 1.26WARRANTIES: specifications. Successful Bidders shall act as agent for the City in the follow-up and compliance of all items under 1.19 PAYMENTS: Warranty/Guaranty and complete all forms for Payment will be made after commodities/services have Warranty/Guarantee coverage under this Contract. been received, accepted, and properly invoiced as 1.27 COPYRIGHTS/PATENT RIGHTS: indicated in the contract and/or work order. Invoices must bear the work order number. Bidders warrants that there has been no violation of 1.20 BRAND NAMES: copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. If a brand name, make, of any "or equal" manufacturer The seller agrees to indemnify City from any and all trade name, or Bidder catalog is mentioned whether or not liability, loss, or expense occasioned by any such violation. followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. 1.28LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE Bidder may offer equals with appropriate identification, REGISTRATION): samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid The contractor shall be responsible for obtaining and as equals. maintaining throughout the contract period his or her city and county local business tax receipts. Each Bidder 1.21 MATERIAL: submitting a Bid on this Invitation to Bid shall include a copy of the company’s local business tax/occupational Material(s) delivered to the City under this Bid shall remain license(s) with the Bid response. For information specific the property of the seller until accepted to the satisfaction to City of Sunny Isles Beach local business tax/occupational of the City. In the event materials supplied to City are licenses, please call Code Enforcement & Licensing at (305) found to be defective or do not conform to specifications, 792-1705. If the contractor is operating under a fictitious the City reserves the right to return the product(s) to the name as defined in Section 865.059, Florida Statutes, proof seller at the seller’s expense. of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an 1.22 SAMPLES: attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Samples of items, when required, must be furnished by the Professional Regulations or the Department of Health for Bidders free of charge to the City. Each individual sample the purpose of practicing his or her licensed profession, or must be labeled with the Bidders name and manufacturer's by any corporation, partnership, or other commercial entity brand name and delivered by them within ten (10) calendar that is actively organized or registered with the City of Sunny Isles Beach| ITB 24-06-02 Citywide Landscape Maintenance Services 6