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<br />Bid on this Invitation to Bid shall include a copy of the
<br />company's local business tax/occupational Iicense(s) with the
<br />Bid reSDonse. For information specific to City of Sunny Isles
<br />Beach local business tax/occupational licenses, please call Code
<br />Enforcement & Licensing at (305) 792-1705. If the vendor is
<br />operating under a fictitious name as defined in Section 865.059,
<br />Florida Statutes, proof of current registration with the Florida
<br />Secretary of State shall be submitted with the Bid. A business
<br />formed by an attorney actively licensed to practice law in this
<br />state, by a person actively licensed by the Department of
<br />Business and Professional Regulations or the Department of
<br />Health for the purpose of practicing his or her licensed
<br />profession, or by any corporation, partnership, or other
<br />commercial entity that is actively organized or registered with
<br />the Department of State shall submit a copy of the current
<br />licensing from the appropriate agency and/or proof of current
<br />active status with the Division of Corporations of the State of
<br />Florida.
<br />
<br />1.24 Liability, Insurance, Permits and Licenses:
<br />Proposers shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and
<br />insurance required. The Proposers shall be liable for any
<br />damages or loss to the City occasioned by negligence of the
<br />Proposers (or their agent) or any person the Proposers has
<br />designated in the completion of their contract as a result of the
<br />Bid. Vendor shall be required to furnish a copy of all licenses,
<br />certificates of competency or other licensor requirements
<br />necessary to practice their profession as required by Florida
<br />State Statute, current building code, Miami-Dade City, and City
<br />of Sunny Isles Beach Code. Vendors shall include current
<br />Miami-Dade City Certificates of Competency. These documents
<br />shall be furnished to the City along with the Bid reSDonse.
<br />Failure to furnish these documents or to have required licensor
<br />will be grounds for rejecting the Bid and forfeiture of the Bid
<br />Bond.
<br />
<br />1.25 Certificate(s) of Insurance: Proposers shall
<br />furnish to the Office of the City Clerk, City of Sunny Isles Beach,
<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance
<br />coverage has been obtained from an insurance company
<br />authorized to do business in the State of Florida or otherwise
<br />secured in a manner satisfactory to the City, for those coverage
<br />types and amounts listed in this document, in an amount equal
<br />to 100% of the requirements and shall be presented to the City
<br />prior to issuance of any Contract(s) or Award(s) Document(s).
<br />The City of Sunny Isles Beach shall be named as "additional
<br />insured" with respect to this coverage. The required certificates
<br />of insurance shall not only name the types of policies provided,
<br />but shall also refer specifically to this Bid and section. At the
<br />time of Bid submission the Proposers must submit certificates of
<br />insurance as outlined in the General Conditions section. All
<br />required insurances shall name the City of Sunny Isles Beach as
<br />additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida.
<br />It shall be the responsibility of the Proposers and insurer to
<br />notify the City Manager of the City of Sunny Isles Beach of
<br />cancellation, lapse, or material modification of any insurance
<br />policies insuring the Proposers, which relate to the activities of
<br />such vendor and the City of Sunny Isles Beach. Such
<br />notification shall be in writing, and shall be submitted to the
<br />City finance support service director thirty (30) days prior to
<br />cancellation of such policies. This requirement shall be
<br />reflected on the certificate of insurance. Failure to fully and
<br />satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager to
<br />implement a rescission of the Bid award without further City
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<br />BID No, 11-05-02
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<br />Commission action. The Proposers hereby holds the City
<br />harmless and agrees to indemnify City and covenants not to sue
<br />the City by virtue of such rescission.
<br />
<br />1.26 Assignment: The Vendor shall not transfer or
<br />assign the performance required by this Bid without prior
<br />written consent of the City Manager. Any award issued
<br />pursuant to the Invitation to Bid and monies which may be due
<br />hereunder are not assignable except with prior written approval
<br />of the City Manager. Further, in the event that the majority
<br />ownership or control of the Vendor changes hands subsequent
<br />to the award of this contract, Vendor shall promptly notify City
<br />in writing (via United States Postal Service - Certified Mail,
<br />Return Receipt Requested) of such change in ownership or
<br />control at least thirty (30) days prior to such change and City
<br />shall have the right to terminate the contract upon sixty (60)
<br />days written notice, at City's sole discretion.
<br />
<br />1.27 Hold Harmless/Indemnification: The Vendor
<br />shall indemnify, save harmless, and defend the City of Sunny
<br />Isles Beach, it's officers, agents and employees from and
<br />against any claims, demands or causes of action of whatsoever
<br />kind or nature arising out of error, omission, negligent act,
<br />conduct, or misconduct of the Vendor, their agents, servants or
<br />employees in the provision of goods or the performance of
<br />services pursuant to this Bid and / or from any procurement
<br />decision of the City including without limitation, awarding the
<br />Contract to the Vendor.
<br />
<br />1.28 Non-conformance to Contract: The City of Sunny
<br />Isles Beach may withhold acceptance of, or reject items which
<br />are found upon examination, not to meet the specification
<br />requirements. Upon written notification of rejection, items shall
<br />be removed within (5) calendar days by the vendor at their own
<br />expense and redelivered at their expense. Rejected goods left
<br />longer than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of them
<br />as its own property. Rejection for non-conformance or failure
<br />to meet delivery schedules may result in the Vendor being
<br />found in default.
<br />
<br />1.29 Default Provision: In case of default by the
<br />Proposers or Vendor, the City of Sunny Isles Beach may procure
<br />the articles or services from other sources and hold the
<br />Proposers or Vendor responsible for any excess costs
<br />occasioned or incurred thereby.
<br />
<br />1.30 Secondary/Other Vendors: the City reserves the
<br />right in the event the primary vendor cannot provide an item(s)
<br />or service(s) in a timely manner as requested, to seek other
<br />sources without violating the intent of the Contract.
<br />
<br />1.31 Time of completion: The time of completion of the
<br />work to be performed under this contract is the essence of the
<br />contract. Delays and extensions of time may be allowed only in
<br />accordance with the provisions stated in the appropriate section
<br />of the general conditions. The time allowed for the completion
<br />of the work shall be stated in the 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
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