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<br />
<br />1.13
<br />
<br />requirements, and terms as delmnvJed by the City,
<br />shaH be just GlIlSe fOr canceJlalion of the Award.
<br />1.113 Disputes: If any dispute lllIKmIJng a QUestion of fact
<br />arises under the Contract, other- than lenninalion for
<br />default or ronvenience, the Conllactor and the Oty
<br />department IeSpoosjble fOr the adrninisbalion of the
<br />Contract shaD make a good faith effort to resolve the
<br />dispute. If the dispute cannot be reso/vaj by
<br />agreemenl, then the de!lartment with the advice of
<br />the City Attorney shaU resolve the dispute and send a
<br />written ropy of its decision to the Conllactor, whidl
<br />shaff be binding 00 both parties.
<br />
<br />1.12
<br />
<br />JlGREEMENT;
<br />
<br />After the Bid award, the City will, at its option, prepare an
<br />Agreemenl specifying the terms and conditions resulting from the
<br />award of this Bid. The vendor will have len (10) calendar days after
<br />notification of the award by the City 10 execute the Agreement and
<br />provide the required Performance Bond.
<br />The Pl'OpOsers who has the Contract awarded 10 them and who
<br />fails to execute the Agreement and furnish lhe Performance Bond
<br />and InsUlance CertIficates within the specified lime shall forfeillhe
<br />Bid Security lhat accompanied their Bid, and the Bid Security shall
<br />be retained as liquidated damages by Ihe City, and II is agreed lhal
<br />lhis sum is a fair estImale of Ihe amount of damages the City will
<br />sustain in case the PrOJlOsers falls to enler inlo lhe Contract and
<br />furnish the Bonds as herein before Provided. Bid Security deposited
<br />in lhe form of a cashier's check drawn On a local bank in good
<br />standing shall be subject to the same reqUirements as a Bid Bond.
<br />The performance of the City of Sunny Isles Beach of any of Its
<br />Obligallons under the agreement shall be subject to and conllngent
<br />upon the availability of funds lawfully expendable for lhe purposes
<br />of the agreemenl for the current and any future periods Provided
<br />for within Ihe Bid Specifications,
<br />
<br />!'AYME~
<br />
<br />Payment will be made after commodities/services have been
<br />received, accepted, and properly invoiCed as Indicaled in the
<br />contract and/D< PUn::hase order. Invoices must bear lhe pun::hase
<br />D<der number.
<br />
<br />1.14 BRAND NAME~
<br />
<br />1.15
<br />
<br />1.16
<br />
<br />1.17
<br />
<br />If a brand name, make, of any "or equal" manufacturer trade
<br />name, or vendor calalog Is menlloned whether or not followed by
<br />the words "approVed equal" It Is for the purpose of establishing a
<br />grade or quality of malerlal only. Vendor may offer equals with
<br />appropriate idenliftcation, samples, and/D< Specifications on such
<br />item(s). The City shall be the sole jUdge concerning the merits of
<br />items Bid as equals.
<br />
<br />MATERIA.!..;
<br />
<br />Malerial(s) de/ivered to the City under this Bid shall remain the
<br />Property of the seller until accepted to the satisfaction of Ihe City,
<br />In the event maleriais SUpplied to City are found to be defective or
<br />do nol conform to Specifications, the City reserves the right to
<br />relurn Ihe Product(s) to the seller at lhe seller's expense.
<br />
<br />~
<br />
<br />Samples of items, when required, must be furnished by the
<br />Proposers free of charge to the City. Each individual sample must
<br />be labeled with lhe Proposers name and manufacturer's brand
<br />name and delivered by them within ten (10) calendar days of
<br />Proposers receipt of Ihe "Nollce 10 PrOCeed", unless schedule
<br />indicates a different time. If samples are requesled subsequent to
<br />the Bid opening, lhey should be delivered within len (10) calendar
<br />days of the request. The City will not be responsible for returning
<br />samples.
<br />
<br />QUANIITY GUARANTY:
<br />
<br />No guaranty D< warranty is given D< implied by the City as to Ihe
<br />total amount that mayor may not be purchased from any resulling
<br />
<br />1.18
<br />
<br />Contract or Award. These quantities are for Bid DU'POSes only and
<br />wiU be used for tabulation and P<esentalion of the Bid. The City
<br />reserves the righl to increase or decrease quantities as required,
<br />even significantly. The prices offered heren and the DerCentage
<br />rate of discount applies to other represe"talive items not listed In
<br />this Bid.
<br />
<br />.GOVERNMENTAL RESTRrrnl)NS ON MATERIAl~
<br />
<br />In the event any QOvemmental restrictions may be imP<>sed which
<br />would necessitate altealion of the material quality, Workmanship,
<br />D< Dert'ormaI1<e of the items offered 00 this Bid prior to their
<br />de/ivery, it shall be the responsibility of the SUccessful ProPDSers to
<br />notify the City al once, indicating in their letter the Specific
<br />regulation which required an alteration. The City of Sunny Isles
<br />Beach reserves the righl 10 accepl any such alleration, InCluding
<br />any price adjustments OCQIsloned thereby, D< 10 cancel at no
<br />further expense to the City.
<br />
<br />SAFETY STANDARD$;
<br />
<br />The Proposers warrants that the Product(s) supplied to Ihe City
<br />conforms In all respects to the standards set forth in lhe
<br />OCQJpational safety and health act (OSHA) and its amendments.
<br />Bids must be accompanied by a malerials data safety sheet (MSDS)
<br />when applicable.
<br />
<br />1.19
<br />
<br />1.20
<br />
<br />.wARRANnE~
<br />
<br />1.21
<br />
<br />Successful Proposers shall act as agent for the City in the follow-up
<br />and compliance of all ilems under Warranty/Guaranty and complele
<br />all forms for Warranty/Guarantee coverage under this Contract.
<br />
<br />roPYRIGHTS/PATENT RIGHTS:
<br />
<br />Proposers warrants that there has been no violation of copyrights
<br />or patent rights in manufacturing, prodUcing or selling of goods
<br />shipped D< ordered, as a result of this Bid. The Seller agrees 10
<br />indemnify City from any and all liability, loss, or expense
<br />occasioned by any such violation,
<br />
<br />1.22
<br />
<br />WCAl BUSINESS TAX (OCCUPATIONAlLICEN~
<br />BEGISTRAnOftl;
<br />
<br />1.23
<br />
<br />The conlractor shall be responsible for obtaining and maintaining
<br />throughout lhe contract period his or her dty and COunty local
<br />business tax rece/pls. Each vendor submitting a Bid On this
<br />Request for Proposal shall Include a copy of the company's local
<br />business taX/OCcupational Iicense(s) with the Bid resoons.e. For
<br />information specific to City of Sunny Isles Beach local business
<br />taX/OCQJpational licenses, please call Code Enforcemenl & Ucensing
<br />at (305) 792-170S. If the contractor is operating under a fictitious
<br />name as defined in Section 865,059, AOOda Stalutes, Proof of
<br />current registration with the Florida Secretary of State shall be
<br />submitted with the Bid. A business formed by an attorney actively
<br />licensed 10 practice law in this state, by a person actively licensed
<br />by the Department of Business and Professional Regulations or the
<br />Departmenl of Health for the purpose of practldng his or her
<br />licensed ProfesSion, or by any COrporation, partnership, or other
<br />commerdal entity that is actively organized or registered with the
<br />Departmenl of State shall submit a COpy of the CUrrent licensing
<br />trom the appropriate agency and/or Proof of CUrrenl active status
<br />with the Division of Corporations of the State of Aorida.
<br />
<br />LIABILITY. INSURANCE. PERMITS AND LICENSES:
<br />
<br />Proposers shail assume the fuil duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and insurance
<br />required. The Proposers shail be liable for any damages or loss to
<br />the City OCQIsloned by negilgence of the Proposers (or their agent)
<br />or any person lhe Proposers has designated In the completion of
<br />their contract as a result of the Bid. Conlractor shall be required to
<br />furnish a copy of all licenses, certificates of competency or other
<br />licensor requirements necessary 10 Practice their Profession as
<br />required by Rorida State Stalute, Miami-Dade County, and City of
<br />Sunny Isles Beach Code. Conlractors shail include currenl Miami-
<br />Dade County Certificates of Competency. These documents shall
<br />
<br />City of Sunny Isles Beach I Request for Proposal No. 12-01-05
<br />
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