|
<br />~
<br />
<br />facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility,
<br />and responsiveness of the Bidder, the financial position, experience, staffing, equipment, materials,
<br />references, and past history of service to the City and/or with other units of state, and/or local governments in
<br />Florida, or comparable private entities, will be taken into consideration in the Award of the Contract.
<br />
<br />3.13.1. Hold Harmless: All Bidder's shall hold the City, it's officials and employees harmless and covenant not
<br />to sue the City, it's officials and employees in reference to their decisions to reject, award, or not
<br />award a Bid, as applicable.
<br />
<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 Award.
<br />
<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 the
<br />administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute
<br />cannot be resolved by agreement, then the department with the advice of the City Attorney shall
<br />resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding
<br />on both parties.
<br />
<br />3.14. Award of Bids: The City will review the Bids based on the bid price, the capacity, ability and skill of
<br />the Bidder to perform the work, the past performance of the Bidder, and the proximity of the Bidder's facilities
<br />to the City of Sunny. The bid shall be awarded to the lowest responsible and responsive bidder whose bid
<br />best serves the interests of and represents the best value to the City in conformity with the criteria set forth in
<br />Section 62-8 of the City Code.
<br />
<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 that
<br />may be deemed to be in the best interests of the City. The City also reserves the right to award the Contract
<br />on a split order basis, group by group, or item by item, or such combination as will best serve the interests of
<br />the City, unless otherwise stated. The City also reserves the right to waive minor variations to the
<br />specifications (interpretation of such to be made by the applicable department personnel).
<br />
<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 bid.
<br />Final determination and award of Bid(s) shall be made by the City Commission. Notice of intended award is
<br />provided through an agenda item to the City of Sunny Isles Beach Commission containing a recommendation
<br />of award. The agenda for each meeting of the City of Sunny Isles Beach Commission is available on the City
<br />website at www.sibfl.net.
<br />
<br />3.15. Agreement: After the bid award, the City will, at its option, prepare an Agreement specifying the
<br />terms and conditions resulting from the award of this bid. Procurement of contractual services shall be
<br />evidenced by a written Agreement in substantially the same form as the Agreement incorporated herein as
<br />Section 13. The vendor will have ten (10) calendar days after notification of the award by the City to execute
<br />the Agreement and provide the required Performance Bond.
<br />
<br />The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish the
<br />Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that
<br />accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is
<br />agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Bidder fails
<br />to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form
<br />of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid
<br />Bond.
<br />
<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 agreement
<br />for the current and any future periods provided for within the bid specifications.
<br />
<br />3.16. Performance Bond: The City of Sunny Isles Beach shall require the successful Bidder to furnish a
<br />Performance Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach as the
<br />
<br />PAGE 6 OF 96
<br />BID No.
<br />
|