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• <br /> • <br /> • CITY Of.SUNNY ISLES BEACH • <br /> • 18070 Collins Avenue - <br /> • <br /> .Sunny Isles Beachi Florida.33160- Som li`t. <br /> 3051947 0606 ° <br /> e } )wwslbll n91 - <br /> um`ora y <br /> C'TOF SUN F� <br /> 1.11.3 Disputes: If any dispute concerning a question of fact 1.17 OUAMTITY GUARANTY: <br /> arises under the Contract,other than termination for <br /> default or convenience, the Contractor and the City No guaranty or warranty is Oven or implied by the City as to the meal <br /> department responsible for the administration of the amount that may or may not be purchased from any resitting <br /> Contract shal make a good faith effort to resolve the Contract or Award. These quantities are for Bid purposes any and <br /> dispute. If the dispute cannot be resolved by will be used for tablatbn and presentation of the Bid. The City <br /> agreement,then the department with the advice of the reserves the right to increase or decrease quantities as required, <br /> City Attorney shat resolve the dispute and send a even significantly. The pis offered herein and the percentage rate <br /> written copy of its decision to the Bidder,with shal of discount apples to other representative items not kited in this Bid. <br /> be binding on both parties. <br /> 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: <br /> 1.12 AGREEMENT. <br /> In the event any 9ovemnental erica.;may be imposed which <br /> After the Bid award,the City we,at its option,prepare an Agreement would necestate alteration of the material quaky,workmanship,or <br /> spedryig the tenon and conditions realbng from the award of as performance of the items offered on this Bid prior to the defrery, <br /> Bid.The vendor will have ten(10)calendar days after natation of it shall be the rsponstilty of the cirreccil Bidders to notify the <br /> the award by the City to execute the Agreement and provide the City at once,indicating in their letter the specific regulation which <br /> required Performance Baid required an alteration. The Cay of Sunny Isles Beach reserves the <br /> The Bidder who has the Contract awarded to then and who far to right to accept and such alteration,including any pie adjustmenh <br /> execute the Agreement and furnish the Performance Bad and occasioned thereby,or to cancel at no further expwse to the Gty. <br /> Insurance Certificates within the sported time shat forfeit the Be <br /> Security that accanpanled their Bid,and the Bid Security shall be 1.19 SAFETY STANDARDS: <br /> retained as fpuidated damages by the City,and it is agreed that this <br /> sum is a fa estimate of the amount of damages the City we sustain The Bidders warrant that the product(s) suppled to the On <br /> in case the Bidder falls to enter into the Contract and furnish the conforms in an respects to the standards set forth in the occupational <br /> Bads as herein before provided.Bid Security deposited in the form safety and heath act(OSHA)and its am admen. Bids must be <br /> of a mshie's check drawn on a bol bank in good standing shall be accompanied by a materials data safety sheet (MSDS) when <br /> subject to the same requirements as a Be Bond. applicable. <br /> The perfamarce of the City of Sumy Isles Beth of any of its <br /> otrigations under the agreement shall be subject to and contingent 1.20 WARRANT]F5d <br /> upon the avaSabity of funds IawfuSy mendable for the purpose <br /> of the agreement for the curvet and any future periods provided for Successful Bidders shall act as agent for the Ciy in the fad st-up and <br /> wain the Bid speafiobcrs. compliance of all item under Warranty/Guaranty and complete al <br /> forms for Warranty/Guarantee coverage under this Contract. <br /> 1.13 PAYMENTS' <br /> 1.21 COPYRIGHTS/PATENT RIGHTS: <br /> Payment will be made after commodities/service have been <br /> received,accepted,and properly ii voiced as tdimted in the contract Bidders warrant that thee has been no violation of copyrights or <br /> and/or purchase order. Invoices must bear the purchase order patent rights in manufacturing,probrng or string of goods shipped <br /> number.Imes received hen the Contractor w9 be reviewed by or ordered,as a real of this Bid. The seer agrees to indemnify <br /> the initiating City Department. If services have been rendered in City Cron any and al labia);loss,or expense coosoned by any <br /> conformity with the Contract Documents,the iwdce coal be sent to such violation. <br /> the Finance Department for paymet. Invoice must reference the <br /> contract numbs assigned thereto. Invitee we be paid in 1.22 LOCAL BUSINESS TAX(OCCUPATIONAL LICENSE <br /> accordance with the State of Florida Prompt Payment Act. REGISTRATION) <br /> 1.14 BRAND NAMES' The Bidder she be responsible for otfairiug and maintaining <br /> [reheat the contract period his or her city and maty bol <br /> If a bald name,make,of any or equar manufacturer trade name, business tax receipts. Each vendor submitting g a Bid on tit Request <br /> a vendor catalog is mentioned whether or not fobwed by the wads for Proposal shal i iude a copy of the cos ant's tical business <br /> 'approved equar it is for the purpose of estabfshog a grade a tax/occupational license(s)with the Bid army. For information <br /> quaky of material any. Veda may offer equals with appropriate species to City of Sunny Isles Beach kcal business tax4aavpatwal <br /> identification,samples,and/or spNfhcatons on such tem(s). The tense,please call Code Enforcement 8 Licensing at(305)792- <br /> City shall be the sole judge concerning the melts of items Bid as 1705. If the Bidder is operating under a fiches name as defined <br /> equals. in Section B65.059,Fonda Statures, proof of oust registration <br /> with the Fbrida Secretary of State shall be submitted wth the Bid. <br /> 1.15 MATERIAL' A busies famed by an attorney actively tensed to practice law in <br /> this state, by a person actively Confused by the Department of <br /> Materials) delivered to the City under this Bid shal remand the Business and Professional Regulations or the Depamnest of Health <br /> property of the seer until accepted to the sesfa:en of the Cay. for the purpose of practid g fun or her tensed profession,or by any <br /> In the evert materials supplied to City are feud to be defective or corporate,partnership,or other carmerer entity that is actively <br /> do not conform to spaabatbns,the City reeves the right to return organized or registered with the Department of State shall subnt a <br /> the product(s)to the seder at the seller's expense copy of the current toning from the appropriate agerKy and/or <br /> proof of current active status with the Division of Corporations of the <br /> 1.16SAMPLES: State of Florida. <br /> Sample of iters,when required,must be furnished by the Bidders 1.23 }LABILITY INSURANC PERMIT AND LICEN . <br /> free of charge to the Qty. Each individual sample must be labeled <br /> wih the Bidder's name and manufacture's brand name and Bidders steal assume the full duty, gbigatign, and expense of <br /> delivered by then within tel(10)calendar days of Bidders receipt of otbiring al necessary tense,permits,inspatos,and insurance <br /> the'Notice to Proceed',unless schedule ihdiates a different fame required. The Bidders shall be Gable for any damage or loss to the <br /> If sample are requested subsequent to the Bid opening,they should City occasioned by neggence of the Bidders(or their agent)or any <br /> be delivered within ten(10)Calendar days of the request. The City person the Bidders has designated in the completion of their contract <br /> will not be responsible for retuming sample. as a result of the Bid. Bidder shall be required to hash a copy of <br /> all tenses,certificates of ccmpeteay or other tensor requirements <br /> necessary to practice their passion as required by Florida State <br /> Statute,Miami-Dade County,and City of Sunny Ise Beach Code. <br /> City of Sunny Isles Beach I Invitation to Bid No. 16-04-05 5 <br />