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<br />INVITATION TO BID
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<br />8.1 : INDEMNIFICATION: The contractor shall mdemmfy, save harmless, and defend the City of Sunny Isles Beach,
<br />It's officers, agents and employees from and agamst any claims, demands or causes of actIOn of whatsoever kind or nature
<br />arising out of error, omission, negligent act, conduct, or misconduct of the contractor, his agents, servants or employees
<br />m the provision of goods or the performance of services pursuant to this bid and/or from any procurement deCISion of
<br />the CIty Including wlthout limitation, awarding the contract to the contractor
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<br />8.1.2: SECONDARY/OTHER VE]\j'DORS: The City reserves the right in the event the primary vendor cannot provide
<br />an Item(s) or servlce(s) In a timely manner as requested, to seek other sources without violating the mtent of the contract
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<br />8.1.3: DEFAULT PROVISION In case of default by the bidder or contractor, the City of Sunny Isles Beach may
<br />procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs
<br />occasIOned or Incurred thereby
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<br />8.4: NONCONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject
<br />items whIch are found upon examinatIOn, not to meet the specification requirements Upon written notification of
<br />rejection, items shall be removed withIn (5) calendar days by the vendor at hiS own expense and redelivered at hiS expense,
<br />Rejected goods left longer than thirty (30) calendar days wiJl be regarded as abandoned and the City shaJl have the right
<br />to dispose of them as it's own property Rejection for nonconformance, or failure to meet delivery schedules may result
<br />In the contract bell1g found m default
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<br />8.5: ASSIGNMENT: This Agreement shaJl be bindmg upon and shall inure to the benefit of the City and to any and aJl
<br />of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar
<br />transaction NotWithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly
<br />or mdlrectly, assIgn its rights or delegate ItS obligatIOns to City hereunder Without first obtaming the City's consent ll1
<br />writing, Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever
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<br />8.6: NOTICES: All notices and other communications reqUired or permitted to be given under this Agreement by either
<br />party to the other shall be in Writing and shall be sent (except as othefWIse provided herem) (I) by certified or registered
<br />mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized
<br />courier service, or (iii) by facsimile with confirmatIOn receipt (with a copy simultaneously sent by certified or regIstered
<br />mad, first class postage prepaid, return receipt requested or by overnight delivery by traditIOnally recognized courier
<br />service), addressed to such party as follows if to the City one to Christopher 1 Russo, City Manager and one to L~ H4n~ Mfillo'f
<br />M, DaRHhei3s€lr, City Attorney, at City of Sunny Isles Beach, 18070 CoJlins Avenue, Sunny Isles Beach, Florida 33] 60
<br />The address of the Contractor for notices is -:roSe.. H. Q",;,,+e..ro, vi\a..c&. So" La..l\d.s~i~ &...p./
<br />,3Qo I ~.w. ,\~~ A-If..r.Jf.., M-t.dlc.'11 ~Iorid.<<:\. 331"~ I
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<br />8.7: GOVERNING LAW: The validity of the Agreement and the interpretation and performance of all of its terms shall
<br />be construed and enforced Il1 accordance with the laws of the State of Florida, without regard to pnnclples of conflict of
<br />laws thereof The location of any action or proceeding commenced under or pursuant to this Agreement shall be in
<br />Miami-Dade County, ll1 the State ofFlonda
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<br />002 I 0 - 8
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