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subject to and contingent upon the availability of funds lawfully
<br />expendable for the purposes of the agreement for the current and
<br />any future periods provided for within the Bid specifications.
<br />PAYMENTS:
<br />Payment will be made after commodItWservioes have been
<br />received, accepted, and properly invoiced as indicated in the contract
<br />and/or purchase order. Invoices must bear the purchase order
<br />number.
<br />If a brand name, make, of any "or equal" manufacturer Dade name,
<br />or vendor catalog Is mentioned whether or not followed by the words
<br />"approved equal" it Is for the purpose of establishing a grade or
<br />quality of material only. Contactor may offer equals with
<br />appropriate Identification, samples, and/or specifications on such
<br />Item(s). The City stroll be the sole judge concerning the merits of
<br />Items Bid as equals.
<br />MAJEUA6:
<br />Material(s) delivered to the Ory under this Bid shall remain the
<br />property of the sella until accepted to the satisfaction of the City.
<br />In the event materials supplied to City are found to be defective or
<br />do not conform to specifications, the Qty reserves the right to return
<br />the product(s) to the seller at the seller's expense.
<br />SAMPLES:
<br />1.21
<br />1.22
<br />Samples of Items, when required, must be furnished by the
<br />Contractors free of charge to the City. Each Individual sample must
<br />be labeled with the Contractor's name and manufacturer's brand
<br />name and delivered by them within tern (10) calendar days of
<br />Conbactofs receipt of the 'Notice to Proceed', unless schedule
<br />indicates a different time. If samples are requested subsequent to
<br />the Bid opening, they should be delivered within tern (10) calendar 1.23
<br />days of the request. The City will not be responsible for returning
<br />samples.
<br />1.17
<br />No guaranty or warranty is given or implied by the City as to the total
<br />amount that may or may riot be purchased from any resulting
<br />Contract or Award. These quantities are for Bid purposes only and
<br />will be used for tabulation and presentation of the Bid. The Ory
<br />reserves the right to increase or decrease quantities as required,
<br />even significantly. The prices offered herein and the percentage rate
<br />of discount applies to other representative items riot fisted in this Bid.
<br />1.18
<br />In the event any governmental restrictions may be Imposed which
<br />would necessitate alteration of the material quality, workmanship, or
<br />performance of the Items offered on this Bid prior to their delivery,
<br />It shall be the responsibility of the successful Bidders to notify the
<br />Ory at once, indicating in their letter the specific regulation which
<br />required an alteration. The City of Sunny Wes Beach reserves the
<br />right to accept any such alteration, Including any price adjusbnents
<br />occasioned thereby, or to cancel at no further expense to the City.
<br />1.19
<br />The Contractors warrant that the products) supplied to the City
<br />conforms In all respects to the standards set forth in the occupational
<br />safety and health act (OSHA) and Its amendments. Bids must be
<br />accompanied by a materials data safety sheet (MSDS) when
<br />applicable. Contractor shall take all necessary precautions for the
<br />safety of employees, and shall erect and properly maintain at all
<br />times all necessary safeguards for the protection of the employees
<br />and the public. Contractor shall follow all OSHA Safety Standards.
<br />Danger signs warning against hazards created by his/ her operation
<br />and work in progress must be posted.
<br />All employees of the Contractor shall be expected to wear safety
<br />glasses or goggles, appropriate clothing, and hearing protection
<br />when and wherever applicable. The Contractor shall use only
<br />equipment that is fully operational and in safe operating order.
<br />Contractor shall be especially careful when servicing property when
<br />pedestrians and/ or vehicles are in dose proxirnity — work shall
<br />cease until it is safe to proceed.
<br />1.20
<br />1.24
<br />Contractors shall act as agent for the City in the follow-up and
<br />compliance of all Items under Warranty/Guaranty and complete all
<br />forms for Warranty/Guarantee coverage underany resulting
<br />Contract.
<br />Contractors warrant that there has been no violation of copyrights or
<br />patent rights in manufacturing, producing or selling of goods shipped
<br />or ordered, as a result of this Bid. The Contractor agrees to
<br />indemnify City from any and all liability, loss, or expense occasioned
<br />by any such violation.
<br />LOCAL BUSINESS TAY (OCCUPATIONAL LICENSE
<br />REGISTRATION):
<br />The Contractor shall be responsible for obtaining and maintaining
<br />throughout the contact period his or her city and county local
<br />business tax receipts. Each Bidder submitting a Bid on this
<br />INVITATION TO BID shall include a copy of the company's local
<br />business tax/occupational license(s) with the Bid response For
<br />Information specific to Oty of Sunny Isles Beach local business
<br />tax/occupational licenses, please call Code Enforcement & Licensing
<br />at (305) 792-1705. Tf the Bidder is operating under a fictitious name
<br />as defined in Section 865.059, Florida Statutes, proof of current
<br />registration with the Florida Secretary of State shall be submitted
<br />with the Bid. A business formed by an attorney actively licensed to
<br />practice law in this state, by a person actively licensed by the
<br />Department of Business and Professional Regulations or the
<br />Department of Health for the purpose of practicing his or her licensed
<br />profession, or by any corporation, partnership, or other commercial
<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 />appropriate agency and/or proof of current active status with the
<br />Division of Corporations of the State of Florida.
<br />LIABILITY. INSURANCE. PERMITS AND LICENSES:
<br />Bidders shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, Inspections, and Insurance
<br />required. The Bidders shall be liable for any damages or loss to the
<br />City occasioned by negligence of the Bidders (or their agent) or any
<br />person the Bidders have designated in the completion of their
<br />contract as a result of the Bid. Bidders shall be required to furnish a
<br />copy of all licenses, certificates of competency or other licensor
<br />requirements necessary to practice their profession as required by
<br />Florida State Statute, Miami -Dade County, and City of Sunny Isles
<br />Bench Code. Bidders shall include current Miami -Dade County
<br />Certificates of Competency. These documents shall be furnished to
<br />the City along with the Bid resoonse. Failure to furnish these
<br />documents or to have required licenses will be grounds for rejecting
<br />the Bid.
<br />er 1_1.91,mU 11&31-1
<br />_ ,...
<br />Bidders shall furnish to the Office of the Ory Clerk, Oty of Sunny
<br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beads, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance coverage has
<br />been obtained from an Insurance company authorized to do business
<br />in the State of Florida or otherwise secured in a manner satisfactory
<br />to the City, for those coverage types and amounts listed in this
<br />document, In an amount equal to 100% of the requirements and
<br />shall be presented to the City prior to Issuance of any Contracts) or
<br />Award(s) Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this coverage. The
<br />required certificates of Insurance shall not only name the types of
<br />policies provided, but shall also refer specifically to this Bid and
<br />section. At the time of Bid submission the Bidders must submit
<br />certificates of Insurance as outlined In the General Conditions
<br />section. All required Insurances shall name the City of Sunny Isles
<br />Beach as additional insured and such Insurance shall be Issued by
<br />companies authorized to Issue Insurance in the State of Florida. R
<br />shall be the responsibility of the Bidders and insurer to notify, the City
<br />Manager of the Ory of Sunny Isles Beech of cancellation, lapse, or
<br />material modification of any Insurance policies Insuring theBidders,
<br />which relate W the activities of such Bidder and the City of Sunny
<br />Isles Beach. Such notification shall be In writing, and shall be
<br />submitted to the City finance support service director thirty (30) days
<br />prior to cancellation of such policies. This requirement shall be
<br />reflected on the certificate of insurance. Failure to fully and
<br />satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager to
<br />Implement a rescission of the Bid award without further City
<br />
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