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CITY• OF SUNNY:ISLES BEACH
<br /> . 18070• :Collins Avenue .
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<br /> 1.11.3 Disputes: If any dispute concerning a question of fact even significantly.The prices offered herein and the percentage rate
<br /> arises under the Contract,other than termination for of discount applies to other representative items not listed in this Bid.
<br /> default or convenience, the Contractor and the City
<br /> department responsible for the administration of the 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br /> Contract shall make a good faith effort to resolve the
<br /> dispute. If the dispute cannot be resolved by - In the event any governmental restrictions may be imposed which •
<br /> agreement,then the department with the advice of the would necessitate alteration of the material quality,workmanship,or
<br /> City Attorney shall resolve the dispute and send a performance of the items offered on this Bid prior to their delivery,
<br /> written copy of its decision to the Contractor,which it shall be the responsibility of the successful Proposers to notify the
<br /> shall be binding on both parties. City at once,indicating in their letter the specific regulation which
<br /> required an alteration. The City of Sunny Isles Beach reserves the
<br /> 1.12 AGREEMENT; right to accept any such alteration,including any price adjustments
<br /> occasioned thereby,or to cancel at no further expense to the City.
<br /> After the Bid award,the Gty will,at its option,prepare an Agreement
<br /> specifying the terms and conditions resulting from the award of this 1.19 SAFETY STANDARDS:
<br /> Bid.The vendor will have ten(10)calendar days after notification of
<br /> the award by the Gty to execute the Agreement and provide the The Proposers warrants that the product(s)supplied to the City
<br /> required Performance Bond. conforms in all respects to the standards set forth in the occupational
<br /> The Proposers who has the Contract awarded to them and who fails safety and health act(OSHA)and its amendments. Bids must be
<br /> to execute the Agreement and furnish the Performance Bond and accompanied by a materials data safety sheet (MSDS) when
<br /> Insurance Certificates within the specified time shall forfeit the Bid applicable.
<br /> Security that accompanied their Bid,and the Bid Security shall be
<br /> retained as liquidated damages by the Gty,and it is agreed that this 1.20 WARRANTIES;
<br /> sum is a fair estimate of the amount of damages the Gty will sustain
<br /> in case the Proposers fails to enter into the Contract and furnish the Successful Proposers shall act as agent for the Gty in the follow-up
<br /> Bonds as herein before provided.Bid Security deposited in the form and compliance of all items under Warranty/Guaranty and complete
<br /> of a cashier's check drawn on a local bank in good standing shall be all forms for Warranty/Guarantee coverage under this Contract.
<br /> subject to the same requirements as a Bid Bond.
<br /> The performance of the City of Sunny Isles Beach of any of its 1.21 COPYRIGHTS/PATENT RIGHTS:
<br /> obligations under the agreement shall be subject to and contingent
<br /> upon the availability of funds lawfully expendable for the purposes Proposers warrants that there has been no violation of copyrights or
<br /> of the agreement for the current and any future periods provided for patent rights in manufacturing,producing or selling of goods shipped
<br /> within the Bid specifications. or ordered,as a result of this Bid. The seller agrees to indemnify
<br /> Gty from any and all liability,loss,or expense occasioned by any
<br /> 1.13 PAYMENTS: such violation.
<br /> Payment will be made after commodities/services have been 1.22 LOCAL BUSINESS TAX(OCCUPATIONAL LICENSE
<br /> received,accepted,and properly invoiced as indicated in the contract REGISTRATION):
<br /> and/or purchase order. Invoices must bear the purchase order
<br /> number. The contractor shall be responsible for obtaining and maintaining -
<br /> • throughout the contract period his or her city and county local
<br /> 1.14 BRAND NAMES: business tax receipts. Each vendor submitting a Bid on this Request
<br /> for Proposal shall indude a copy of the company':-local business
<br /> If a brand name,make,of any"or equal"manufacturer trade name, tax/occupational license(s)with the Bid response. For information
<br /> or vendor catalog is mentioned whether or not followed by the words specific to City of Sunny Isles Beach local business tax/occupational
<br /> "approved equal"it is for the purpose of establishing a grade or licenses,please call Code Enforcement&Licensing at(305)792-
<br /> quality of material only. Vendor may offer equals with appropriate 1705. If the contractor is operating under a fictitious name as
<br /> identification,samples,and/or specifications on such item(s). The defined in Section 865.059, Florida Statutes, proof of current
<br /> Gty shall be the sole judge concerning the merits of items Bid as registration with the Florida Secretary of State shall be submitted
<br /> equals. with the Bid. A business formed by an attorney actively licensed to
<br /> practice law in this state, by a person actively licensed by the
<br /> 1.15 MATERIAL: Department of Business and Professional Regulations or the
<br /> Department of Health for the purpose of practicing his or her licensed
<br /> Material(s)delivered to the City under this Bid shall remain the profession,or by any corporation,partnership,or other commercial
<br /> property of the seller until accepted to the satisfaction of the City. entity that is actively organized or registered with the Department of
<br /> In the event materials supplied to City are found to be defective or State shall submit a copy of the current licensing from the
<br /> do not conform to specifications,the Gty reserves the right to return appropriate agency and/or proof of current active status with the
<br /> the product(s)to the seller at the seller's expense. Division of Corporations of the State of Florida.
<br /> 1.16 SAMPLES; 1.23 LIABILITY,INSURANCE.PERMITS AND LICENSES: •
<br /> Samples of items, when required, must be furnished by the Proposers shall assume the full duty,obligation, and expense of
<br /> Proposers free of charge to the City. Each individual sample must obtaining all necessary licenses,permits,inspections,and insurance
<br /> be labeled with the Proposers name and manufacturer's brand name required. The Proposers shall be liable for any damages or loss to
<br /> and delivered by them within ten(10)calendar days of Proposers the City occasioned by negligence of the Proposers(or their agent)
<br /> receipt of the "Notice to Proceed", unless schedule indicates a or any person the Proposers has designated in the completion of
<br /> different time. If samples are requested subsequent to the Bid their contract as a result of the Bid. Contractor shall be required to
<br /> opening,they should be delivered within ten(10)calendar days of furnish a copy of all licenses,certificates of competency or other
<br /> the request. The Gty will not be responsible for returning samples. licensor requirements necessary to practice their profession as
<br /> required by Florida State Statute,Miami-Dade County,and Gty of
<br /> 1.17 OUANTITY GUARANTY; Sunny Isles Beach Code. Contractors shall include current Miami-
<br /> Dade County Certificates of Competency. These documents shall be
<br /> No guaranty or warranty is given or implied by the City as to the total furnished to the City along with the Bid response. Failure to furnish
<br /> amount that may or may not be purchased from any resulting these documents or to have required licensor will be grounds for
<br /> Contract or Award. These quantities are for Bid purposes only and rejecting the Bid.
<br /> will be used for tabulation and presentation of the Bid. The Gty
<br /> reserves the right to increase or decrease quantities as required, 1.24 CERTIFICATE(S)OF INSURANCE;
<br /> City of Sunny Isles Beach I Request for Proposal No. 17-02-01
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