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Reso 2016-2553
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Reso 2016-2553
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Last modified
5/27/2016 4:43:57 PM
Creation date
5/27/2016 4:43:51 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2553
Date (mm/dd/yyyy)
05/19/2016
Description
1st Amd to Agmt w/Safeware , Security at Gateway Park
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone(305)949-3113 Fax <br /> 9.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All <br /> warranties, expressed and/or implied, shall be given to the City for all material and <br /> equipment covered by this Agreement. All material and equipment furnished shall <br /> be fully guaranteed by the Contractor against factory defects and workmanship. At <br /> no expense to the City, the Contractor shall correct any and all apparent and latent <br /> defects that are required under state or federal law. <br /> 10. DEFECTIVE WORK. <br /> 10.1 The City or its designee shall have the authority to reject or disapprove work which <br /> is found to be defective. If defective work is found, Contractor shall promptly either <br /> correct all defective work or remove such defective work and replace it with non- <br /> defective work. Contractor shall bear all direct and indirect costs of such removal <br /> or corrections including cost of testing laboratories and personnel. <br /> 10.2 Should Contractor fail or refuse to remove or correct any defective work or to make <br /> any necessary repairs in accordance with the requirements of this Agreement <br /> within the time indicated in writing by the City Manager or its designee, the City <br /> shall have the authority to cause the defective work to be removed or corrected, or <br /> make such repairs as may be necessary at Contractor's expense. Any expense incurred <br /> by the City in making such removals, corrections or repairs, shall be paid for out of <br /> any monies due or which may become due to Contractor. In the event of failure of <br /> Contractor to make all necessary repairs promptly and fully, which is not cured in the <br /> cure period,the City may declare Contractor in default. <br /> 10.3 If, within one(1)year after the date of completion of Services or such longer period <br /> of time as may be prescribed by the terms of any applicable special warranty <br /> required by the Contract Documents, or by any specific provision(s) of this <br /> Agreement, any of the work is found to be defective or not in accordance with this <br /> Agreement,Contractor,after receipt of written notice from the City or its designee,shall <br /> promptly correct such defective or nonconforming work within the time specified by the <br /> City without cost to the City. Nothing contained herein shall be construed to <br /> • establish a period of limitation with respect to any other obligation which <br /> Contractor might have under this Agreement including but not limited to any claim <br /> regarding latent defects. <br /> 10.4 Failure to reject any defective work or material shall not in any way prevent <br /> later rejection when such defect •is discovered, or obligate the City to final <br /> acceptance. <br /> 10.E Where the City or its designee becomes aware of faults, defects or non-conformity <br /> in any of the work provided under this Agreement or with the work being performed <br /> by the Contractor, the City or its designee shall issue a Notice to Cure to the <br /> Contractor for correction. In no event shall the failure of the City or its designee to <br /> bring to the attention of the Contractor of such faults act as a waiver or release the <br /> C 1415-076-SAFEWARWE, INC. <br />
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