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<br />1.11 Evaluation of Bids: The City, at its sole discretion,
<br />reserves the right to inspect any/all Proposers facilities to
<br />determine their capability of meeting the requirements for the
<br />Contract. Also, price, responsibility, and responsiveness of the
<br />Proposers, the financial position, experience, staffing,
<br />equipment, materials, references, and past history of service to
<br />the City and/or with other units of state, and/or local
<br />governments in Florida, or comparable private entities, will be
<br />taken into consideration in the Award of the Contract.
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<br />Hold Harmless: All Proposer's shall hold the
<br />City, it's officials and employees harmless and
<br />covenant not to sue the City, it's officials and
<br />employees in reference to their decisions to
<br />reject, award, or not award a Bid, as applicable.
<br />
<br />Cancellation: Failure on the part of the
<br />Proposers to comply with the conditions,
<br />specifications, requirements, and terms as
<br />determined by the City, shall be just cause for
<br />cancellation of the Award.
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<br />1.11.3 Disputes: If any dispute concerning a question
<br />of fact arises under the Contract, other than
<br />termination for default or convenience, the
<br />Vendor and the City department responsible for
<br />the administration of the Contract shall make a
<br />good faith effort to resolve the dispute. If the
<br />dispute cannot be resolved by agreement, then
<br />the department with the advice of the City
<br />Attorney shall resolve the dispute and send a
<br />written copy of its decision to the Vendor, which
<br />shall be binding on both parties.
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<br />1.12 Agreement: After the Bid award, the City will, at its
<br />option, prepare an Agreement specifying the terms and
<br />conditions resulting from the award of this Bid. The vendor will
<br />have ten (10) calendar days after notification of the award by
<br />the City to execute the Agreement and provide the required
<br />Performance Bond.
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<br />1.11.1
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<br />1.11.2
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<br />The Proposers who has the Contract awarded to them and who
<br />fails to execute the Agreement and furnish the Performance
<br />Bond and Insurance Certificates within the specified time shall
<br />forfeit the Bid Security that accompanied their Bid, and the Bid
<br />Security shall be retained as liquidated damages by the City,
<br />and it is agreed that this sum is a fair estimate of the amount of
<br />damages the City will sustain in case the Proposers fails to
<br />enter into the Contract and furnish the Bonds as herein before
<br />provided. Bid Security deposited in the form of a cashier's check
<br />drawn on a local bank in good standing shall be subject to the
<br />same requirements as a Bid Bond.
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<br />The performance of the City of Sunny Isles Beach of any of its
<br />obligations under the agreement shall be subject to and
<br />contingent upon the availability of funds lawfully expendable for
<br />the purposes of the agreement for the current and any future
<br />periods provided for within the Bid specifications.
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<br />1.13 Independent Vendor Status: The vendor shall at
<br />all times, relevant to this contract, be an independent vendor
<br />and in no event shall the Vendor nor any employees or sub-
<br />vendors under it be considered to be employees of the City of
<br />Sunny Isles Beach.
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<br />1.14 Payments: Payment will be made after
<br />commodities/services have been received, accepted, and
<br />properly invoiced as indicated in the contract and/or purchase
<br />order. Invoices must bear the purchase order number.
<br />
<br />1.15 Brand Names: If a brand name, make, of any "or
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<br />BID No. 11-05-02
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<br />equal" manufacturer trade name, or vendor catalog is
<br />mentioned whether or not followed by the words "approved
<br />equal" it is for the purpose of establishing a grade or quality of
<br />material only. Vendor may offer equals with appropriate
<br />identification, samples, and/or specifications on such item(s).
<br />The City shall be the sole judge concerning the merits of items
<br />Bid as equals.
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<br />1.16 Material: Material(s) delivered to the City under this
<br />Bid shall remain the property of the seller until accepted to the
<br />satisfaction of the City. In the event materials supplied to City
<br />are found to be defective or do not conform to specifications,
<br />the City reserves the right to return the product(s) to the seller
<br />at the seller's expense.
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<br />1.17 Samples: Samples of items, when required, must
<br />be furnished by the Proposers free of charge to the City. Each
<br />individual sample must be labeled with the Proposers name and
<br />manufacturer's brand name and delivered by them within ten
<br />(10) calendar days of Proposers receipt of the "Notice to
<br />Proceed", unless schedule indicates a different time. If samples
<br />are requested subsequent to the Bid opening, they should be
<br />delivered within ten (10) calendar days of the request. The City
<br />will not be responsible for returning samples.
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<br />1.18 Quantity Guaranty: No guarantee or warranty is
<br />given or implied by the City as to the total amount that mayor
<br />may not be purchased from any resulting Contract or Award.
<br />These quantities are for Bid purposes only and will be used for
<br />tabulation and presentation of the Bid. The City reserves the
<br />right to increase or decrease quantities as required, even
<br />significantly. The prices offered herein and the percentage rate
<br />of discount applies to other representative items not listed in
<br />this Bid,
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<br />1.19 Governmental Restrictions on Materials: In the
<br />event any governmental restrictions may be imposed which
<br />would necessitate alteration of the material quality,
<br />workmanship, or performance of the items offered on this Bid
<br />prior to their delivery, it shall be the responsibility of the
<br />successful Proposers to notify the City at once, indicating in
<br />their letter the specific regulation which required an alteration.
<br />The City of Sunny Isles Beach reserves the right to accept any
<br />such alteration, including any price adjustments occasioned
<br />thereby, or to cancel at no further expense to the City.
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<br />1.20 Safety Standards: the Proposers warrants that the
<br />product(s) supplied to the City conforms in all respects to the
<br />standards set forth in the occupational safety and health act
<br />(OSHA) and its amendments. Bids must be accompanied by a
<br />materials data safety sheet (MSDS) when applicable.
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<br />1.21. Warranties: Successful Proposers shall act as agent
<br />for the City in the follow-up and compliance of all items under
<br />Warranty/Guarantee and complete all forms for
<br />Warranty/Guarantee coverage under this Contract. Proposers
<br />warrants by signature on the Bid Form that prices quoted here
<br />are in conformity with the latest Federal Price Guidelines.
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<br />1.22 Copyrights/Patent Rights: Proposers warrants
<br />that there has been no violation of copyrights or patent rights in
<br />manufacturing, producing or selling of goods shipped or
<br />ordered, as a result of this Bid. The seller agrees to indemnify
<br />City from any and all liability, loss, or expense occasioned by
<br />any such violation.
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<br />1.23 Local Business Tax (Occupational License
<br />Registration): The vendor shall be responsible for obtaining
<br />and maintaining throughout the contract period his or her city
<br />and City local business tax receipts. Each vendor submitting a
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