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or suty t`r <br />requirements, and terms as determined by the City, <br />right to accept any such alteration, including any price adjustments <br />shall tie just cause for cancellation of the Award. <br />occasioned thereby, or to cancel at no further expense to the City. <br />1.11.3 Disputes: If any dispute concerning a question of fact <br />arises under the Contract, other than termination for <br />L19 <br />SAFETY STANDARDS: <br />default or convenience, the Contractor and the City <br />department responsible for the adminlatration of the <br />The Proposers warrants that the product(s) supplied to the City <br />Contract shall make a good faith effort to resolve the <br />conforms In all respects to the standards set forth In the occupational <br />dispute. If the dispute cannot be resolved by <br />safety and health act (OSHA) and its amendments. Bids must be <br />agreement, then the department with the advice ofthe <br />accompanied by a materials data safety sheet (MSDS) when <br />City Attorney shall resolve the dispute and send a <br />applicable. Contractor shall take all necessary precautions for the <br />written copy of Its decision to the Contractor, which <br />safety of employees, and shall erect and properly maintain at all <br />shag be binding on both parties. <br />times all necessary safeguards for the protection of the employees <br />and the publk-- Contactor shall follow all OSHA Safety Standards. <br />1-12 <br />AGREEMENT: <br />Danger signs warning against hazards created by his/ her operation <br />and work in progress must be posted. <br />After the Bid award, the City will, at its option, prepare an Agreement <br />specifying the terms and conditions resulting from the award of this <br />All employees of the contactor shall be expected to wear safety <br />Bid. The performance of the City of Sunny Isles Beach of any of its <br />glasses or gaggles, appropriate clothing, and hearing protection <br />obligations under the agreement shall be subject to and contingent <br />when and wherever applicable. The contractor shall use only <br />upon the availability of funds lawfully expendable for the purposes <br />equipment that is fury operational and In safe operating order. <br />ofthe agreement for the current and any future periods provided for <br />Contactor shag be especially careful when servicing property when <br />within the Bid specifications. <br />pedestrians and/ or vehicles are in dose proximity — work shall <br />cease until it Is safe to proceed. <br />1.13 <br />PAYMENTS- <br />1.20 <br />WARRANTIES: <br />Payment will be made after commodities/services have been <br />received, accepted, and properly invoiced as indicated in the contract <br />Successful Proposers shall act as agent for the City in the fallow -up <br />and/or purchase order. Invoices must bear the purchase order <br />and compliance of all items under Warranty/Guaranty and complete <br />number. <br />all forms for Warranty/Guarantee coverage under this Contract. <br />1-14 <br />BRAND NAMES: <br />1.21 <br />COPYRIGHTS/PATENT RIGHTS: <br />If a brand name, make, of any "car equal" manufacturer trade name, <br />Proposers warrants that there has been no violation of copyrights or <br />or vendor catalog is mentioned whether or not followed by the wards <br />patent rights in manufacturing, producing or selling of goods shipped <br />"approved equal" it Is for the purpose of establishing a grade or <br />or ordered, as a result of this Old. The seller agrees to Indemnify <br />quality of material only. Vendor may offer equals with appropriate <br />City from any and all liability, loss, or expense occasioned by any <br />Identification, samples, and/or specifications on such item(s). The <br />such violation. <br />City shall be the sale judge concerning the merits of items Bid as <br />equals. <br />1.22 <br />LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE <br />REGISTRATION)- <br />1.15 <br />MATERIAL: <br />The contractor shall be responsible for obtaining and maintaining <br />Material(s) delivered to the City under this Old shall remain the <br />throughout the contract period his or her city and county local <br />property of the seller until accepted to the satisfaction of the City. <br />business tax receipts. Each vendor submitting a Bid on this <br />In the event materials supplied to City are found to be defective or <br />INVITATION TO BID shall include a copy of the company's local <br />do not conform to specifications, the City reserves the right to return <br />business tax/occupational license(s) with the Bid response. For <br />the product(s) to the seller at the seller's expense. <br />information specific to City of Sunny Isles Beach local business <br />tax/accupattonal licenses, please call Cade Enforcement @ licensing <br />L16 <br />SAMPLES: <br />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 />Samples of items, when required, must be furnished by the <br />current registration with the Florida Secretary of State shall be <br />Proposers free of charge to the City. Each individual sample must <br />submitted with the Bid. A business fanned by an attorney actively <br />be labeled with the Proposers name and manufacturer's brand name <br />licensed to practice law In this state, by a person actively licensed by <br />and delivered by them within ten (10) calendar days of Proposers <br />the Department of Business and Professional Regulations or the <br />receipt of the "Notice to Proceed", unless schedule Indicates a <br />Department of Health far the purpose ofpracticing his orher licensed <br />different time. If samples are requested subsequent to the Bid <br />profession, or by any corporation, partnership, or other commercial <br />opening, they should be delivered within ten (10) calendar days of <br />entity that is actively organized or registered with the Department of <br />the request The City will not be responsible for returning samples. <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 />1.17 <br />OUANTM GUARANTY: <br />Division of Corporations of the State of Florida. <br />No guaranty, or warranty Is given or Implied by the City as to the total <br />L23 <br />LIABILITY, INSURANCE. PERMITS AND LICENSES: <br />amount that may or may not be purchased from any resulting <br />Contract or Award These quantities are for Bld purposes only and <br />Proposers shall assume the full duty, obligation, and expense of <br />Will be used for tabulation and presentation of the Bid. The City <br />obtaining all necessary licenses, permits, inspections, and insurance <br />reserves the right to increase or decrease quantities as required, <br />required. The Proposers shall be liable for any damages or loss to <br />even significantly. The prices offered herein and the percentage rate <br />the City occasioned by negligence of the Proposers (or their agent) <br />of discount applies to other representative terns not gstedinthis Bid. <br />or any person the Proposers has designated in the completion of <br />their contract as a result of the Bid. Contractor shag be required to <br />Lib <br />GOVERNMENTAL RESTRICTIONS ON MATERIALS:' <br />furnish a copy of all licenses, certificates of competency or other <br />licensor requirements necessary to practice their profession as <br />In the event any governmental restrictions may be Imposed which <br />required by Florida State Statute, Miaml-Dade County, and City of <br />would necessitate alteration of the material quality, workmanship, or <br />Sunny Isles Beach Code. Contractors shall Include current Mlami- <br />performance of the items offered an this Bid prior to their delivery, <br />Dade County Certificates of Competency. These documents shag be <br />It shag be the responsibility of the successful Proposers to notify the <br />famished to the City along with the Bid response. Failure to furnish <br />City at once, Indicating In their letter the specific regulation which <br />these documents or to have required licensor will be grounds for <br />required an alteration. The City of Sunny Isles Beach reserves the <br />rejecting the Bid. <br />City of Sunny Isles <br />Beach <br />Invitation to Bid No. 22-12-07 <br />