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<br />Proposers name and manufacturer's brand name and <br />delivered by them within ten (10) calendar days of <br />Proposers receipt of the "Notice to Proceed", unless <br />schedule indicates a different time. If samples are <br />requested subsequent to the Proposal opening, they <br />should be delivered within ten (10) calendar days of <br />the request. The City will not be responsible for <br />returning samples. <br /> <br />1.18 Quantity Guaranty: No guarantee or warranty is <br />given or implied by the City as to the total amount <br />that mayor may not be purchased from any resulting <br />Contract or Award. These quantities are for proposal <br />purposes only and will be used for tabulation and <br />presentation of the Proposal. The City reserves the <br />right to increase or decrease quantities as required, <br />even significantly. The prices offered herein and the <br />percentage rate of discount applies to other <br />representative items not listed in this Proposal. <br /> <br />1.19 Governmental Restrictions on Materials: In the <br />event any governmental restrictions may be imposed <br />which would necessitate alteration of the material <br />quality, workmanship, or performance of the items <br />offered on this Proposal prior to their delivery, it shall <br />be the responsibility of the successful Proposers to <br />notify the City at once, indicating in their letter the <br />specific regulation which required an alteration. The <br />City of Sunny Isles Beach reserves the right to accept <br />any such alteration, including any price adjustments <br />occasioned thereby, or to cancel at no further <br />expense to the City. <br /> <br />1.20 Safety Standards: the Proposers warrants that the <br />product(s) supplied to the City conforms in all <br />respects to the standards set forth in the occupational <br />safety and health act (OSHA) and its amendments. <br />Proposals must be accompanied by a materials data <br />safety sheet (MSDS) when applicable. <br /> <br />1.21. Warranties: Successful Proposers shall act as agent <br />for the City in the follow-up and compliance of all <br />items under Warranty/Guarantee and complete all <br />forms for Warranty/Guarantee coverage under this <br />Contract. Proposers warrants by signature on the Bid <br />Form that prices quoted here are in conformity with <br />the latest Federal Price Guidelines. <br /> <br />1.22 Copyrights/Patent Rights: Proposers warrants <br />that there has been no violation of copyrights or <br />patent rights in manufacturing, producing or selling of <br />goods shipped or ordered, as a result of this Proposal. <br />The seller agrees to indemnify City from any and all <br />liability, loss, or expense occasioned by any such <br />violation. <br /> <br />1.23 Local Business Tax (Occupational License <br />Registration): The contractor shall be responsible <br />for obtaining and maintaining throughout the contract <br />period his or her city and county local business tax <br />receipts. Each vendor submitting a proposal on this <br />Invitation to Proposal shall include a copy of the <br />company's local business tax/occupational Iicense(s) <br />with the proposal response. For information specific <br />to City of Sunny Isles Beach local business <br />tax/occupational licenses, please call Code <br />Enforcement & Licensing at (305) 792-1705. If the <br />contractor is operating under a fictitious name as <br />defined in Section 865.059, Florida Statutes, proof of <br />current registration with the Florida Secretary of State <br /> <br />PAGE 6 OF 105 <br />PROPOSAL No. <br /> <br />1.24 <br /> <br />1.25 <br /> <br />l <br /> <br />shall be submitted with the proposal. A business <br />formed by an attorney actively licensed to practice <br />law in this state, by a person actively licensed by the <br />Department of Business and Professional Regulations <br />or the Department of Health for the purpose of <br />practicing his or her licensed profession, or by any <br />corporation, partnership, or other commercial entity <br />that is actively organized or registered with the <br />Department of State shall submit a copy of the <br />current licensing from the appropriate agency and/or <br />proof of current active status with the Division of <br />Corporations of the State of Florida. <br /> <br />Liability, Insurance, Permits and Licenses: <br />Proposers shall assume the full duty, obligation, and <br />expense of obtaining all necessary licenses, permits, <br />inspections, and insurance required. The Proposers <br />shall be liable for any damages or loss to the City <br />occasioned by negligence of the Proposers (or their <br />agent) or any person the Proposers has designated in <br />the completion of their contract as a result of the <br />Proposal. Contractor shall be required to furnish a <br />copy of all licenses, certificates of competency or <br />other licensor requirements necessary to practice <br />their profession as required by Florida State Statute, <br />current building code, Miami-Dade County, and City <br />of Sunny Isles Beach Code. Contractors shall include <br />current Miami-Dade County Certificates of <br />Competency. These documents shall be furnished to <br />the City along with the Proposal response. Failure to <br />furnish these documents or to have required licensor <br />will be grounds for rejecting the Proposal and <br />forfeiture of the Bid Bond. <br /> <br />Certificate(s) of Insurance: Proposers shall <br />furnish to the Office of the City Clerk, City of Sunny <br />Isles Beach, 18070 Collins Avenue, Sunny Isles <br />Beach, Florida 33160, certificate(s) of insurance <br />which indicate that insurance coverage has been <br />obtained from an insurance company authorized to <br />do business in the State of Florida or otherwise <br />secured in a manner satisfactory to the City, for those <br />coverage types and amounts listed in this document, <br />in an amount equal to 100% of the requirements and <br />shall be presented to the City prior to issuance of any <br />Contract(s) or Award(s) Document(s). The City of <br />Sunny Isles Beach shall be named as "additional <br />insured" with respect to this coverage. The required <br />certificates of insurance shall not only name the types <br />of policies provided, but shall also refer specifically to <br />this proposal and section. At the time of Proposal <br />submission the Proposers must submit certificates of <br />insurance as outlined in the General Conditions <br />section. All required insurances shall name the City <br />of Sunny Isles Beach as additional insured and such <br />insurance shall be issued by companies authorized to <br />issue insurance in the State of Florida. It shall be the <br />responsibility of the Proposers and insurer to notify <br />the City Manager of the City of Sunny Isles Beach of <br />cancellation, lapse, or material modification of any <br />insurance policies insuring the Proposers, which relate <br />to the activities of such vendor and the City of Sunny <br />Isles Beach. Such notification shall be in writing, and <br />shall be submitted to the City finance support service <br />director thirty (30) days prior to cancellation of such <br />policies. This requirement shall be reflected on the <br />certificate of insurance. Failure to fully and <br />satisfactorily comply with the city's insurance and <br />