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<br />INVITATION TO BID
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<br />7.1: WARRANTY/GUARANTY: Successful bidder shall act as agent for the City in the follow-up and compliance
<br />of all items under warranty/guarantee and complete all forms for warranty/guarantee coverage under this contract. Bidder
<br />warrants by signature on his proposal sheet that prices quoted here are in conformity with the latest federal price
<br />guidelines,
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<br />7.2: SAMPLES: Samples of items, when required, must be furnished by the bidder free of charge to the City, Each
<br />individual sample must be labeled with the bidders name, and manufacturer's brand name and delivered by him within
<br />ten (10) calendar days of the bid opening unless schedule indicated a different time, If samples are requested subsequent
<br />to the bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible
<br />for returning samples,
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<br />7.3: DISPUTES: If any dispute concerning a question of fact arises under the contract, other than termination for
<br />default or convenience, the contractor and the City department responsible for the administration of the contract shall
<br />make a good faith effort to resolve the dispute, If the dispute cannot be resolved by agreement, then the department with
<br />the advice ofthe City Attorney, shall resolve the dispute and send a written copy of its decision to the contractor, which
<br />shall be binding on both parties.
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<br />7.4: HOLD HARMLESS: All bidders shall hold the City, it's officials and employees harmless and covenant not to
<br />sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a bid, as applicable,
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<br />7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements,
<br />and terms as determined by the City, shall be just cause for cancellation of the award,
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<br />7.6: RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed
<br />to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor
<br />and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and
<br />supervision of the work to be performed hereunder.
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<br />7.7: COMPLIANCE WITH LA W: Contractor shall comply with all laws, regulations and ordinances of any federal,
<br />state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall
<br />obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of
<br />the activities contemplated under this agreement.
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<br />7.8 WAIVER OF LlABILlTYflNDEMNITY: The City shall not in any way be answerable or accountable for any
<br />violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or
<br />anyone of its employees, contractors or agents, Contractor hereby agrees to indemnity, defend and hold harmless the
<br />City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due
<br />to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor
<br />of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction
<br />of property resulting from the perfonnance or breach by Contractor of its limits in excess of One Million Dollars
<br />($1,000,000) for claims arising from a single occurrence, Contractors indemnifY obligation shall extend up to but shall
<br />not exceed the higher limits of that insurance, Contractor hereby irrevocably waives any right and agrees not to file any
<br />mechanic's or materialman's lien against the interest of the owner of the property,
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<br />0021 0 - 7
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