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City reserves the right to increase or decrease quantities as required,
<br />dispute. If the dispute cannot be resolved by
<br />even significantly. The prices offered herein and the percentage rate
<br />delivery, it shall be the responsibility of the successful Proposer to
<br />of discount applies to other representative items not listed in this
<br />agreement, then the department, with the advice of the
<br />Proposal.
<br />notify the City at once, indicating in their letter the specific regulation
<br />City Attorney, shall resolve the dispute and send a
<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />which required an alteration. The City of Sunny Isles Beach reserves
<br />written copy of its decision to the Proposer, which shall
<br />In the event any governmental restrictions may be imposed which
<br />the right to accept any such alteration, including any price
<br />would necessitate alteration of the material quality, workmanship, or
<br />be binding on both parties.
<br />performance of the items offered on this Proposal prior to their
<br />adjustments occasioned thereby, or to cancel at no further expense
<br />to the City.
<br />1.12
<br />AGREEMENT:
<br />1.19
<br />SAFETY STANDARDS:
<br />After the Proposal award, the City will, at its option, prepare an
<br />Agreement specifying the terms and conditions resulting from the
<br />The Proposer warrants that the product(s) supplied to the City
<br />award of this Proposal. The Proposer will have ten (10) calendar
<br />conform(s) in all respects to the standards set forth in the
<br />days after notification of the award by the City to execute the
<br />occupational safety and health act (OSHA) and its amendments.
<br />Agreement and provide the required Performance Bond. The
<br />Proposals must be accompanied by a materials data safety sheet
<br />Proposer who has the Contract awarded to them and who fails to
<br />(MSDS) when applicable.
<br />execute the Agreement and furnish the Performance Bond and
<br />Insurance Certificates within the specified time shall forfeit the
<br />1.20
<br />WARRANTIES:
<br />Proposal Deposit that accompanied their Proposal, and the Proposal
<br />Deposit shall be retained as liquidated damages by the City, and it is
<br />Successful Proposers shall act as agent for the City in the follow -up
<br />agreed that this sum is a fair estimate ofthe amount of damages the
<br />and compliance of all items under Warranty /Guarantee and complete
<br />City will sustain in case the Proposer fails to enter into the Contract
<br />all forms for Warranty /Guarantee coverage under this Contract.
<br />and furnish the Bonds as herein before provided. Proposal Security
<br />deposited in the form of a cashier's check drawn on a local bank in
<br />1.21
<br />COPYRIGHTSIPATENT RIGHTS:
<br />good standing shall be subject to the same requirements as a
<br />Proposal Bond. The performance of the City of Sunny Isles Beach of
<br />Proposer warrants that there has been no violation of copyrights or
<br />any of its obligations under the agreement shall be subject to and
<br />patent rights in manufacturing, producing or selling of goods shipped
<br />contingent upon the availability of funds lawfully expendable for the
<br />or ordered, as a result of this Proposal. The seller agrees to
<br />purposes of the agreement for the current and any future periods
<br />indemnify City from any and all liability, loss, or expense occasioned
<br />provided for within the Proposal specifications.
<br />by any such violation.
<br />1.13
<br />PAYMENTS:
<br />1.22
<br />LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
<br />Payment will be made after commodities/services have been
<br />received, accepted, and properly invoiced as indicated in the
<br />The Proposer shall be responsible for obtaining and maintaining
<br />contract and /or purchase order. Invoices must bear the purchase
<br />throughout the contract period his or her city and county local
<br />order number.
<br />business tax receipts. Each Proposer submitting a Proposal on this
<br />Request for Proposal shall include a copy of the company's local
<br />1.14
<br />BRAND NAMES:
<br />business taxtoccupational license(s) with the Proposal response.
<br />For information specific to City of Sunny Isles Beach local business
<br />If a brand name, make, of any "or equal" manufacturer trade name,
<br />taxtoccupational licenses, please call Code Enforcement& Licensing
<br />or vendor catalog is mentioned whether or not followed by the words
<br />at 305.792.1705. If the Proposer is operating under a fictitious name
<br />"approved equal" it is for the purpose of establishing a grade or
<br />as defined in Section 865.059, Florida Statutes, proof of current
<br />quality of material only. Proposer may offer equals with appropriate
<br />registration with the Florida Secretary of State shall be submitted with
<br />identification, samples, and /or specifications on such item(s). The
<br />the Proposal. A business formed by an attorney actively licensed to
<br />City shall be the sole judge concerning the merits of items Proposal
<br />practice law in this state, by a person actively licensed by the
<br />as equals.
<br />Department of Business and Professional Regulations or the
<br />Department of Health for the purpose of practicing his or her licensed
<br />1.15
<br />MATERIAL:
<br />profession, or by any corporation, partnership, or other commercial
<br />entity that is actively organized or registered with the Department of
<br />Material(s) delivered to the City under this Proposal shall remain the
<br />State shall submit a copy ofthe current licensing from the appropriate
<br />property of the seller until accepted to the satisfaction of the City. In
<br />agency and /or proof of current active status with the Division of
<br />the event materials supplied to City are found to be defective or do
<br />Corporations of the State of Florida.
<br />not conform to specifications, the City reserves the right to return the
<br />product(s) to the seller at the seller's expense.
<br />1.23
<br />LIABILITY, INSURANCE, PERMITS AND LICENSES:
<br />1.16
<br />SAMPLES:
<br />Proposers shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and insurance
<br />Samples ofitems, when required, must be furnished by the Proposer,
<br />required. The Proposer shall be liable for any damages or loss to
<br />free of charge to the City. Each individual sample must be labeled
<br />the City occasioned by negligence of the Proposer (or their agent) or
<br />with the Proposer's name and manufacturer's brand name and
<br />any person the Proposer has designated in the completion of their
<br />delivered by them within ten (10) calendar days of Proposer's receipt
<br />contract as a result of the Proposal. Proposer shall be required to
<br />ofthe "Notice to Proceed ", unless schedule indicates a different time.
<br />furnish a copy of all licenses, certificates of competency or other
<br />If samples are requested subsequent to the Proposal opening, they
<br />licensor requirements necessary to practice their profession as
<br />should be delivered within ten (10) calendar days of the request. The
<br />required by Florida State Statute, Miami -Dade County, and City of
<br />City will not be responsible for returning samples.
<br />Sunny Isles Beach Code. Proposer shall include current Miami -
<br />Dade County Certificates of Competency. These documents shall
<br />1.17
<br />QUANTITY GUARANTY:
<br />be furnished to the City along with the Proposal response. Failure to
<br />furnish these documents or to have required licensure will be
<br />No guarantee or warranty is given or implied by the City as to the
<br />grounds for rejecting the Proposal.
<br />total amount that may or may not be purchased from any resulting
<br />Contract or Award. These quantities are for Proposal purposes only
<br />1.24
<br />CERTIFICATE(S) OF INSURANCE:
<br />and will be used for tabulation and presentation of the Proposal. The
<br />City reserves the right to increase or decrease quantities as required,
<br />Proposer shall furnish to the Office of the City Clerk, City of Sunny
<br />even significantly. The prices offered herein and the percentage rate
<br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
<br />of discount applies to other representative items not listed in this
<br />33160, certificate(s) of insurance which indicate that insurance
<br />Proposal.
<br />coverage has been obtained from an insurance company authorized
<br />to do business in the State of Florida or otherwise secured in a
<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />manner satisfactory to the City, for those coverage types and
<br />amounts listed in this document, in an amount equal to 100% ofthe
<br />In the event any governmental restrictions may be imposed which
<br />requirements and shall be presented to the City prior to issuance of
<br />would necessitate alteration of the material quality, workmanship, or
<br />any Contract(s) or Award(s) Document(s). The City of Sunny Isles
<br />performance of the items offered on this Proposal prior to their
<br />Beach shall be named as "additional insured" with respect to this
<br />City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
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