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<br />City of Sunny Isles Beach | ITB 24-06-02 Citywide Landscape Maintenance Services 7
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<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 />Department of State shall submit a copy of the current
<br />licensing from the appropriate agency and/or proof of
<br />current active status with the Division of Corporations of
<br />the State of Florida.
<br />
<br />1.29 LIABILITY, INSURANCE, PERMITS AND LICENSES:
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<br />Bidders shall assume the full duty, obligation, and expense
<br />of obtaining all necessary licenses, permits, inspections,
<br />and insurance required. The Bidders shall be liable for any
<br />damages or loss to the City occasioned by negligence of
<br />the Bidders (or their agent) or any person the Bidders has
<br />designated in the completion of their contract as a result
<br />of the Bid. Contractor shall be required to furnish a copy
<br />of all licenses, certificates of competency or other licensor
<br />requirements necessary to practice their profession as
<br />required by Florida State Statute, Miami-Dade County, and
<br />City of Sunny Isles Beach Code. Contractors shall include
<br />current Miami-Dade County Certificates of Competency.
<br />These documents shall be furnished to the City along with
<br />the Bid response. Failure to furnish these documents or to
<br />have required licensor will be grounds for rejecting the Bid.
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<br />1.30 CERTIFICATE(S) OF INSURANCE:
<br />
<br />Bidders shall furnish to the Office of the City Clerk, City of
<br />Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
<br />Beach, Florida 33160, certificate(s) of insurance which
<br />indicate that insurance coverage has been obtained from
<br />an insurance company authorized to do business in the
<br />State of Florida or otherwise secured in a manner
<br />satisfactory to the City, for those coverage types and
<br />amounts listed in this document, in an amount equal to
<br />100% of the requirements and shall be presented to the
<br />City prior to issuance of any Contract(s) or Award(s)
<br />Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this
<br />coverage. The required certificates of insurance shall not
<br />only name the types of policies provided, but shall also
<br />refer specifically to this Bid and section. At the time of Bid
<br />submission the Bidders must submit certificates of
<br />insurance as outlined in the General Conditions section. All
<br />required insurances shall name the City of Sunny Isles
<br />Beach as additional insured and such insurance shall be
<br />issued by companies authorized to issue insurance in the
<br />State of Florida. It shall be the responsibility of the Bidders
<br />and insurer to notify the City Manager of the City of Sunny
<br />Isles Beach of cancellation, lapse, or material modification
<br />of any insurance policies insuring the Bidders, which relate
<br />to the activities of such Bidder and the City of Sunny Isles
<br />Beach. Such notification shall be in writing, and shall be
<br />submitted to the City finance support service director thirty
<br />(30) days prior to cancellation of such policies. This
<br />requirement shall be reflected on the certificate of
<br />insurance. Failure to fully and satisfactorily comply with
<br />the city's insurance and bonding requirements set forth
<br />herein will authorize the City Manager to implement a
<br />rescission of the Bid award without further City
<br />Commission action. The Bidders hereby holds the City
<br />harmless and agrees to indemnify City and covenants not
<br />to sue the City by virtue of such rescission.
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<br />1.31 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance
<br />required by this Bid without prior written consent of the
<br />City Manager. Any award issued pursuant to the Invitation
<br />to Bid and monies which may be due hereunder are not
<br />assignable except with prior written approval of the City
<br />Manager. Further, in the event that the majority ownership
<br />or control of the Contractor changes hands subsequent to
<br />the award of this contract, Contractor shall promptly notify
<br />City in writing (via United States Postal Service – Certified
<br />Mail, Return Receipt Requested) of such change in
<br />ownership or control at least thirty (30) days prior to such
<br />change and City shall have the right to terminate the
<br />contract upon thirty (30) days written notice, at City’s sole
<br />discretion.
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<br />1.32 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Contractor shall indemnify, hold harmless, and defend
<br />the City of Sunny Isles Beach, it's officers, agents and
<br />employees from and against any claims, demands or
<br />causes of action of whatsoever kind or nature arising out
<br />of error, omission, negligent act, conduct, or misconduct
<br />of the Contractor, their agents, servants or employees in
<br />the provision of goods or the performance of services
<br />pursuant to this Bid and / or from any procurement
<br />decision of the City including without limitation, awarding
<br />the Contract to the Contractor.
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<br />1.33 GRATUITIES:
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<br /> Bidders shall not offer any gratuities, favors, or anything of
<br />monetary value to any official, contractor, or agent of the
<br />City, for the purpose of influencing consideration of this
<br />Bid.
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<br />1.34 NON-CONFORMANCE TO CONTRACT:
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<br />The City of Sunny Isles Beach may withhold acceptance of,
<br />or reject items which are found upon examination, not to
<br />meet the specification requirements. Upon written
<br />notification of rejection, items shall be removed within (5)
<br />calendar days by the Bidder at their own expense and
<br />redelivered at their expense. Rejected goods left longer
<br />than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of
<br />them as its own property. Rejection for non-conformance
<br />or failure to meet delivery schedules may result in the
<br />Contractor being found in default.
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<br />1.35 DEFAULT PROVISION:
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<br />In case of default by the Bidders, the City of Sunny Isles
<br />Beach may procure the articles or services from other
<br />sources and hold the Bidders responsible for any excess
<br />costs occasioned or incurred thereby.
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<br />1.36 SECONDARY/OTHER BIDDERS:
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<br />The City reserves the right in the event the primary Bidder
<br />cannot provide an item(s) or service(s) in a timely manner
<br />as requested, to seek other sources without violating the
<br />intent of the Contract.
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<br />1.37 DEFINITIONS:
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<br />Wherever used in these General Conditions or in the
<br />other Contract Documents, the following terms shall have
<br />the meaning indicated which shall be applicable to both
<br />the singular and plural thereof:
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<br />Acceptance: Acceptance by the City of the Work
<br />as being fully complete in
<br />accordance with the Contract
<br />Documents subject to waiver of
<br />claims.
<br />
<br />Agreement: The written Agreement between
<br />the City and the Contractor
<br />covering the Work to be
<br />performed, which includes the
<br />Contract Documents.
<br />
<br />Addenda: Written or graphic instruments
<br />issued prior to the Bid Opening
<br />which modify or interpret the
<br />Contract Documents, Drawings and
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