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<br />responsibility, and responsiveness of the Bidder, the financial position, experience, staffing, equipment,
<br />materials, references, and past history of service to the City and/or with other units of state, and/or local
<br />governments in Florida, or comparable private entities, will be taken into consideration in the Award of
<br />the Contract.
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<br />3.13.1. Hold Harmless: All Bidder's shall hold the City, it's officials and employees harmless and
<br />covenant not to sue the City, it's officials and employees in reference to their decisions to reject,
<br />award, or not award a Bid, as applicable.
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<br />3.13.2. Cancellation: Failure on the part of the Bidder to comply with the conditions, specifications,
<br />requirements, and terms as determined by the City, shall be just cause for cancellation of the
<br />Award.
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<br />3.13.3. Disputes: If any dispute concerning a question of fact arises under the Contract, other than
<br />termination for default or convenience, the Contractor and the City department responsible for
<br />the administration of the Contract shall make a good faith effort to resolve the dispute. If the
<br />dispute cannot be resolved by agreement, then the department with the advice of the City
<br />Attorney shall resolve the dispute and send a written copy of its decision to the Contractor,
<br />which shall be binding on both parties.
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<br />3.14. Award of Bids: The staff will review the Bids based on the bid price, the capacity, ability and
<br />skill of the Bidder to perform the work, the past performance of the Bidder, and the proximity of the
<br />Bidder's facilities to the City of Sunny.
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<br />The City of Sunny Isles Beach reserves the right to accept or reject any and/or all bids or parts of bids, to
<br />waive any informality, irregularities, or technicalities, to re-advertise for bids, or take any other actions
<br />that may be deemed to be in the best interests of the City. The City also reserves the right to award the
<br />Contract on a split order basis, group by group, or item by item, or such combination as will best serve
<br />the interests of the City, unless otherwise stated. The City also reserves the right to waive minor
<br />variations to the specifications (interpretation of such to be made by the applicable department
<br />personnel).
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<br />In addition, each bidder agrees to waive any claim it has or may have against the City, and the respective
<br />employees, arising out of or in connection with the administration, evaluation, or recommendation of any
<br />bid. Final determination and award of Bid(s) shall be made by the City Commission. Notice of intended
<br />award is provided through an agenda item to the City of Sunny Isles Beach Commission containing a
<br />recommendation of award. The agenda for each meeting of the City of Sunny Isles Beach Commission is
<br />available on the City website at www.sibfl.net.
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<br />3.15. Agreement: After the bid award, the City will, at its option, prepare an Agreement specifying
<br />the terms and conditions resulting from the award of this bid. Procurement of contractual services shall
<br />be evidenced by a written Agreement in substantially the same form as the Agreement incorporated
<br />herein as Section 14. The vendor will have ten (10) calendar days after notification of the award by the
<br />City to execute the Agreement and provide the required Performance Bond and Payment Bond.
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<br />The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish
<br />the Performance and Payment Bonds and Insurance Certificates within the specified time shall forfeit the
<br />Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by
<br />the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in
<br />case the Bidder fails to enter into the Contract and furnish the Bonds as herein before provided. Bid
<br />Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be
<br />subject to the same requirements as a Bid Bond.
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<br />The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be
<br />subject to and contingent upon the availability of funds lawfully expendable for the purposes of the
<br />agreement for the current and any future periods provided for within the bid specifications.
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<br />3.16. Performance and Payment Bond: The City of Sunny Isles Beach shall require the successful
<br />Bidder to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid
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<br />BID No. 07-10-04
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