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<br /> 1.11.2 Cancellation: Failure on the part of the Proposers to No guaranty or warranty is given or implied by the City as to the
<br /> comply with the conditions, specifications, total amount that may or may not be purchased from any resulting
<br /> requirements,and temps as determined by the City, Contract or Award. These quantities are for Bid purposes only and
<br /> shall be just cause for cancellation of the Award. will be used for tabulation and presentation of the Bid. The City
<br /> 1.11.3 Disputes: If any dispute concerning a question of fact reserves the right to increase or decrease quantities as required,
<br /> arises under the Contract,other than termination for even significantly. The prices offered herein and the percentage
<br /> default or convenience,the Contractor and the City rate of discount applies to other representative items not listed in
<br /> department responsible for the administration of the this Bid.
<br /> Contract shall make a good faith effort to resolve the
<br /> dispute. If the dispute cannot be resolved by 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br /> agreement,then the department with the advice of
<br /> the City Attorney shall resolve the dispute and send a In the event any governmental restrictions may be imposed which
<br /> written copy of its decision to the Contractor,which would necessitate alteration of the material quality,workmanship,
<br /> shall be binding on both parties. or performance of the items offered on this Bid prior to their
<br /> delivery,it shall be the responsibility of the successful Proposers to
<br /> 1.12 AGREEMENT: notify the City at once, indicating in their letter the specific
<br /> regulation which required an alteration. The City of Sunny Isles
<br /> After the Bid award, the City will, at its option, prepare an Beach reserves the right to accept any such alteration,including
<br /> Agreement specifying the terms and conditions resulting from the any price adjustments occasioned thereby, or to cancel at no
<br /> award of this Bid.The vendor will have ten(10)calendar days after further expense to the City.
<br /> notification of the award by the City to execute the Agreement and
<br /> provide the required Performance Bond. 1.19 SAFETY STANDARDS:
<br /> The Proposers who has the Contract awarded to them and who
<br /> fails to execute the Agreement and furnish the Performance Bond The Proposers warrants that the product(s)supplied to the City
<br /> and Insurance Certificates within the specified time shall forfeit the conforms in all respects to the standards set forth in the
<br /> Bid Security that accompanied their Bid,and the Bid Security shall occupational safety and health act(OSHA)and its amendments.
<br /> be retained as liquidated damages by the City,and it is agreed that Bids must be accompanied by a materials data safety sheet(MSDS)
<br /> this sum is a fair estimate of the amount of damages the City will when applicable.
<br /> sustain in case the Proposers fails to enter into the Contract and
<br /> furnish the Bonds as herein before provided.Bid Security deposited 1.20 WARRANTIES:
<br /> in the 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. Successful Proposers shall act as agent for the City in the follow-up
<br /> The performance of the City of Sunny Isles Beach of any of its and compliance of all items under Warranty/Guaranty and complete
<br /> obligations under the agreement shall be subject to and contingent all forms for Warranty/Guarantee coverage under this Contract.
<br /> upon the availability of funds lawfully expendable for the purposes
<br /> of the agreement for the current and any future periods provided 1.21 COPYRIGHTS/PATENT RIGHTS:
<br /> for within the Bid specifications.
<br /> Proposes warrants that there has been no violation of copyrights
<br /> 1.13 PAYMENTS: or patent rights in manufacturing, producing or selling of goods
<br /> shipped or ordered,as a result of this Bid. The seller agrees to
<br /> Payment will be made after c mmodities/services have been indemnify City from any and all liability, loss, or expense
<br /> received, accepted, and properly invoiced as indicated in the occasioned by any such violation.
<br /> contract and/or purchase order. Invoices must bear the purchase
<br /> order number. 1.22 LOCAL BUSINESS TAX(OCCUPATIONAL LICENSE
<br /> REGISTRATION):
<br /> 1.14 BRAND NAMES:
<br /> The contractor shall be responsible for obtaining and maintaining
<br /> If a brand name, make, of any "or equal" manufacturer trade throughout the contract period his or her city and county local
<br /> name,or vendor catalog is mentioned whether or not followed by business tax receipts. Each vendor submitting a Bid on this
<br /> the words"approved equal"it is for the purpose of establishing a Request for Bid shall include a copy of the company's local business
<br /> grade or quality of material only. Vendor may offer equals with tax/occupational license(s)with the Bid response. For information
<br /> appropriate identification, samples, and/or specifications on such specific to City of Sunny Isles Beach local business tax/occupational
<br /> item(s). The City shall be the sole judge concerning the merits of licenses,please call Code Enforcement&Licensing at(305)792-
<br /> items Bid as equals. 1705. If the contractor is operating under a fictitious name as
<br /> defined in Section 865.059, Florida Statutes, proof of current
<br /> 1.15 }MATERIAL; registration with the Florida Secretary of State shall be submitted
<br /> with the Bid. A business formed by an attorney actively licensed to
<br /> Material(s)delivered to the City under this Bid shall remain the practice law in this state, by a person actively licensed by the
<br /> property of the seller until accepted to the satisfaction of the City. Department of Business and Professional Regulations or the
<br /> In the event materials supplied to City are found to be defective or Department of Health for the purpose of practicing his or her
<br /> do not conform to specifications, the City reserves the right to licensed profession, or by any corporation, partnership,or other
<br /> return the product(s)to the seller at the seller's expense. commercial entity that is actively organized or registered with the
<br /> Department of State shall submit a copy of the current licensing
<br /> 1.16 SAMPLES: from the appropriate agency and/or proof of current active status
<br /> with the Division of Corporations of the State of Florida.
<br /> Samples of items, when required, must be furnished by the
<br /> Proposes free of charge to the City. Each individual sample must 1.23 LIABILITY,INSURANCE,PERMITS AND LICENSES:
<br /> be labeled with the Proposers name and manufacturer's brand
<br /> name and delivered by them within ten (10) calendar days of Proposers shall assume the full duty, obligation,and expense of
<br /> Proposers receipt of the "Notice to Proceed", unless schedule obtaining all necessary licenses,permits,inspections,and insurance
<br /> indicates a different time. If samples are requested subsequent to required. The Proposers shall be liable for any damages or loss to
<br /> the Bid opening,they should be delivered within ten(10)calendar the City occasioned by negligence of the Proposers(or their agent)
<br /> days of the request. The City will not be responsible for retuming or any person the Proposers has designated in the completion of
<br /> samples. their contract as a result of the Bid. Contractor shall be required to
<br /> furnish a copy of all licenses,certificates of competency or other
<br /> 1.17 OUANTTTY GUARANTY; licensor requirements necessary to practice their profession as
<br /> required by Florida State Statute,Miami-Dade County,and City of
<br /> City of Sunny Isles Beach I Invitation to Bid No. 17-08-01 5_
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