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City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 5
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<br />requirements, and terms as determined by the City,
<br />shall be just cause for cancellation of the Award.
<br />1.11.3 Disputes: If any dispute concerning a question of fact
<br />arises under the Contract, other than termination for
<br />default or convenience, the Contractor and the City
<br />department responsible for the administration of the
<br />Contract shall make a good faith effort to resolve the
<br />dispute. If the dispute cannot be resolved by
<br />agreement, then the department with the advice of
<br />the City Attorney shall resolve the dispute and send a
<br />written copy of its decision to the Contractor, which
<br />shall be binding on both parties.
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<br />1.12 AGREEMENT:
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<br />After the Bid award, the City will, at its option, prepare an
<br />Agreement specifying the terms and conditions resulting from the
<br />award of this Bid. The vendor will have ten (10) calendar days after
<br />notification of the award by the City to execute the Agreement and
<br />provide the required Performance Bond.
<br />The Proposers who has the Contract awarded to them and who
<br />fails to execute the Agreement and furnish the Performance Bond
<br />and Insurance Certificates within the specified time shall forfeit the
<br />Bid Security that accompanied their Bid, and the Bid Security shall
<br />be retained as liquidated damages by the City, and it is agreed that
<br />this sum is a fair estimate of the amount of damages the City will
<br />sustain in case the Proposers fails to enter into the Contract and
<br />furnish the Bonds as herein before provided. Bid Security deposited
<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.
<br />The performance of the City of Sunny Isles Beach of any of its
<br />obligations under the agreement shall be subject to and contingent
<br />upon the availability of funds lawfully expendable for the purposes
<br />of the agreement for the current and any future periods provided
<br />for within the Bid specifications.
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<br />1.13 PAYMENTS:
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<br />Payment will be made after commodities/services have been
<br />received, accepted, and properly invoiced as indicated in the
<br />contract and/or purchase order. Invoices must bear the purchase
<br />order number.
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<br />1.14 BRAND NAMES:
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<br />If a brand name, make, of any "or equal" manufacturer trade
<br />name, or vendor catalog is mentioned whether or not followed by
<br />the words "approved equal" it is for the purpose of establishing a
<br />grade or quality of material only. Vendor may offer equals with
<br />appropriate identification, samples, and/or specifications on such
<br />item(s). The City shall be the sole judge concerning the merits of
<br />items Bid as equals.
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<br />1.15 MATERIAL:
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<br />Material(s) delivered to the City under this Bid shall remain the
<br />property of the seller until accepted to the satisfaction of the City.
<br />In the event materials supplied to City are found to be defective or
<br />do not conform to specifications, the City reserves the right to
<br />return the product(s) to the seller at the seller’s expense.
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<br />1.16 SAMPLES:
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<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 the Proposers name and manufacturer's brand
<br />name and delivered by them within ten (10) calendar days of
<br />Proposers receipt of the “Notice to Proceed”, unless schedule
<br />indicates a different time. If samples are requested subsequent to
<br />the Bid opening, they should be delivered within ten (10) calendar
<br />days of the request. The City will not be responsible for returning
<br />samples.
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<br />1.17 QUANTITY GUARANTY:
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<br />No guaranty or warranty is given or implied by the City as to the
<br />total amount that may or may not be purchased from any resulting
<br />Contract or Award. These quantities are for Bid purposes only and
<br />will be used for tabulation and presentation of the Bid. The City
<br />reserves the right to increase or decrease quantities as required,
<br />even significantly. The prices offered herein and the percentage
<br />rate of discount applies to other representative items not listed in
<br />this Bid.
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<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
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<br />In the event any governmental restrictions may be imposed which
<br />would necessitate alteration of the material quality, workmanship,
<br />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 />notify the City at once, indicating in their letter the specific
<br />regulation which required an alteration. The City of Sunny Isles
<br />Beach reserves the right to accept any such alteration, including
<br />any price adjustments occasioned thereby, or to cancel at no
<br />further expense to the City.
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<br />1.19 SAFETY STANDARDS:
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<br />The Proposers warrants that the product(s) supplied to the City
<br />conforms in all respects to the standards set forth in the
<br />occupational safety and health act (OSHA) and its amendments.
<br />Bids must be accompanied by a materials data safety sheet (MSDS)
<br />when applicable.
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<br />1.20 WARRANTIES:
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<br />Successful Proposers shall act as agent for the City in the follow-up
<br />and compliance of all items under Warranty/Guaranty and complete
<br />all forms for Warranty/Guarantee coverage under this Contract.
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<br />1.21 COPYRIGHTS/PATENT RIGHTS:
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<br />Proposers warrants that there has been no violation of copyrights
<br />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 />indemnify City from any and all liability, loss, or expense
<br />occasioned by any such violation.
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<br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
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<br />The contractor shall be responsible for obtaining and maintaining
<br />throughout the contract period his or her city and county local
<br />business tax receipts. Each vendor submitting a Bid on this
<br />Request for Bid shall include a copy of the company’s local business
<br />tax/occupational license(s) with the Bid response. For information
<br />specific to City of Sunny Isles Beach local business tax/occupational
<br />licenses, please call Code Enforcement & Licensing at (305) 792-
<br />1705. If the contractor is operating under a fictitious name as
<br />defined in Section 865.059, Florida Statutes, proof of current
<br />registration with the Florida Secretary of State shall be submitted
<br />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 />Department of Business and Professional Regulations or the
<br />Department of Health for the purpose of practicing his or her
<br />licensed profession, or by any corporation, partnership, or other
<br />commercial entity that is actively organized or registered with the
<br />Department of State shall submit a copy of the current licensing
<br />from the appropriate agency and/or proof of current active status
<br />with the Division of Corporations of the State of Florida.
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<br />1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
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<br />Proposers shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and insurance
<br />required. The Proposers shall be liable for any damages or loss to
<br />the City occasioned by negligence of the Proposers (or their agent)
<br />or any person the Proposers has designated in the completion of
<br />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 />licensor requirements necessary to practice their profession as
<br />required by Florida State Statute, Miami-Dade County, and City of
<br />Sunny Isles Beach Code. Contractors shall include current Miami-
<br />Dade County Certificates of Competency. These documents shall
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