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<br />1.26
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<br />bonding requirements set forth herein will authorize
<br />the City Manager to implement a rescission of the
<br />Proposal award without further City Commission
<br />action. The Proposers hereby holds the City harmless
<br />and agrees to indemnify City and covenants not to
<br />sue the City by virtue of such rescission.
<br />
<br />Assignment: The Contractor shall not transfer or
<br />assign the performance required by this Proposal
<br />without prior written consent of the City Manager.
<br />Any award issued pursuant to the Invitation to
<br />Proposal and monies which may be due hereunder
<br />are not assignable except with prior written approval
<br />of the City Manager. Further, in the event that the
<br />majority ownership or control of the Contractor
<br />changes hands subsequent to the award of this
<br />contract, Contractor shall promptly notify City in
<br />writing (via United States Postal Service - Certified
<br />Mail, Return Receipt Requested) of such change in
<br />ownership or control at least thirty (30) days prior to
<br />such change and City shall have the right to
<br />terminate the contract upon sixty (60) days written
<br />notice, at City's sole discretion.
<br />
<br />Hold Harmless/Indemnification: The Contractor
<br />shall indemnify, save harmless, and defend the City
<br />of Sunny Isles Beach, it's officers, agents and
<br />employees from and against any claims, demands or
<br />causes of action of whatsoever kind or nature arising
<br />out of error, omission, negligent act, conduct, or
<br />misconduct of the Contractor, their agents, servants
<br />or employees in the provision of goods or the
<br />performance of services pursuant to this Proposal and
<br />/ or from any procurement decision of the City
<br />including without limitation, awarding the Contract to
<br />the Contractor.
<br />
<br />Non-conformance to Contract: The City of Sunny
<br />Isles Beach may withhold acceptance of, or reject
<br />items which are found upon examination, not to meet
<br />the specification requirements. Upon written
<br />notification of rejection, items shall be removed
<br />within (5) calendar days by the vendor at their own
<br />expense and redelivered at their expense. Rejected
<br />goods left longer than thirty (30) calendar days will
<br />be regarded as abandoned and the City shall have
<br />the right to dispose of them as its own property.
<br />Rejection for non-conformance or failure to meet
<br />delivery schedules may result in the Contractor being
<br />found in default.
<br />
<br />Default Provision: In case of default by the
<br />Proposers or Contractor, the City of Sunny Isles
<br />Beach may procure the articles or services from other
<br />sources and hold the Proposers or Contractor
<br />responsible for any excess costs occasioned or
<br />incurred thereby.
<br />
<br />Secondary/Other Vendors: the City reserves the
<br />right in the event the primary vendor cannot provide
<br />an item(s) or service(s) in a timely manner as
<br />requested, to seek other sources without violating the
<br />intent of the Contract.
<br />
<br />Time of completion: The time of completion of the
<br />work to be performed under this contract is the
<br />essence of the contract. Delays and extensions of
<br />time may be allowed only in accordance with the
<br />provisions stated in the appropriate section of the
<br />general conditions. The time allowed for the
<br />
<br />1.27
<br />
<br />1.28
<br />
<br />1.29
<br />
<br />1.30
<br />
<br />1.31
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<br />PAGE 7 OF 105
<br />PROPOSAL No.
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<br />completion of the work shall be stated in the
<br />Contract.
<br />
<br />1.32 Definitions: Wherever used in these General
<br />Conditions or in the other Contract Documents, the following
<br />terms shall have the meaning indicated which shall be
<br />applicable to both the singular and plural thereof:
<br />
<br />Acceptance: Acceptance by the City of the Work as
<br />being fully complete in accordance with the Contract
<br />Documents subject to waiver of claims.
<br />
<br />Agreement: The written Agreement between the
<br />City and the Contractor covering the Work to be
<br />performed, which includes the Contract Documents.
<br />
<br />Addenda: Written or graphic instruments issued
<br />prior to the Proposal Opening which modify or
<br />interpret the Contract Documents, Drawings and
<br />Specifications, by addition, deletions, clarifications or
<br />corrections.
<br />
<br />Approved: Means approved by the City.
<br />
<br />Proposal: The offer or proposal of the Proposers
<br />submitted on the prescribed form setting forth the
<br />prices for the Work to be performed.
<br />
<br />Proposers: Any person, firm or corporation
<br />submitting a Proposal for Work.
<br />
<br />Bonds: Proposal, performance bond and other
<br />instruments of security, furnished by the Contractor
<br />and their surety in accordance with the Contract
<br />Documents and in accordance with the law of the
<br />State of Florida.
<br />
<br />Change Order: A written order to the Contractor
<br />signed by the City authorizing an addition, deletion or
<br />revision in the Work, or an adjustment in the Contract
<br />Price or the Contract Time issued after execution of
<br />the Agreement.
<br />
<br />City: City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida 33160.
<br />
<br />Contract Documents: Contract Documents shall
<br />include, Instructions to Proposers, Contractor's
<br />Proposal, the Bonds, the Notice of Award, the
<br />Agreement between the City and Contractor as well
<br />as any addenda thereto, these General Conditions,
<br />Special Conditions, the Technical Specifications,
<br />Drawings and Modifications, Notice to Proceed,
<br />Invitation to Proposal, Insurance Certificates, Change
<br />Orders and Acknowledgment of Conformance with
<br />the City of Sunny Isles Beach.
<br />
<br />Contract Price: The total monies payable to the
<br />Contractor under the Contract Documents.
<br />
<br />Contract Time: The number of calendar days
<br />stated in the Agreement for the completion of the
<br />Work.
<br />
<br />Contracting Officer: The individual who is
<br />authorized to sign the contract documents on behalf
<br />
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