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CITY OF3SUNNY ISLES BEACH
<br /> " -� - 1'8070 Collins Avenue: , .
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<br /> Sunny IslesBeach Florida 33.160, - so- r' i,
<br /> 305 947.0606 �a�;' e;
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<br /> receipt of the "Notice to Proceed", unless schedule indicates a
<br /> different time. If samples are requested subsequent to the Bid
<br /> 1.11.1 Hold Harmless: All Proposer's shall hold the City,it's opening,they should be delivered within ten(10)calendar days of
<br /> officials and employees harmless and covenant not to the request. The City will not be responsible for returning samples.
<br /> sue the City,it's officials and employees in reference to
<br /> their decisions to reject,award,or not award a Bid,as 1.17 OUANTITY GUARANTY:
<br /> applicable.
<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 total
<br /> comply with the conditions, specifications, amount that may or may not be purchased from any resulting
<br /> requirements,and terms 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 rate
<br /> default or convenience, the Contractor and the City of discount applies to other representative items not listed in this Bid.
<br /> department responsible for the administration of the
<br /> Contract shall make a good faith effort to resolve the 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br /> dispute. If the dispute cannot be resolved by
<br /> agreement,then the department with the advice of the In the event any governmental restrictions may be imposed which
<br /> City Attorney shall resolve the dispute and send a would necessitate alteration of the material quality,workmanship,or
<br /> written copy of its decision to the Contractor, which performance of the items offered on this Bid prior to their delivery,
<br /> shall be binding on both parties. it shall be the responsibility of the successful Proposers to notify the
<br /> City at once,indicating in their letter the specific regulation which
<br /> 1.12 AGREEMENT: required an alteration. The City of Sunny Isles Beach reserves the
<br /> right to accept any such alteration,including any price adjustments •
<br /> After the Bid award,the City will,at its option,prepare an Agreement occasioned thereby,or to cancel at no further expense to the City.
<br /> specifying the terms and conditions resulting from the award of this
<br /> Bid.The vendor will have ten(10)calendar days after notification of 1.19 SAFETY STANDARDS:
<br /> the award by the City to execute the Agreement and provide the
<br /> required Performance Bond. The bidders who has the Contract The bidder warrants that the product(s) supplied to the City
<br /> awarded to them and who fails to execute the Agreement and furnish conforms in all respects to the standards set forth in the occupational
<br /> 0 the Performance Bond and Insurance Certificates within the specified safety and health act(OSHA)and its amendments. Bids must be
<br /> time shall forfeit the Bid Security that accompanied their Bid,and the accompanied by a materials data safety sheet (MSDS) when
<br /> Bid Security shall be retained as liquidated damages by the City,and applicable.
<br /> it is agreed that this sum is a fair estimate of the amount of damages
<br /> the City will sustain in case the Proposers fails to enter into the 1.20 WARRANTIES:
<br /> Contract and furnish the Bonds as herein before provided. Bid
<br /> Security deposited in the form of a cashier's check drawn on a local Successful bidders shall act as agent for the City in the follow-up and
<br /> bank in good standing shall be subject to the same requirements as compliance of all items under Warranty/Guaranty and complete all
<br /> a Bid Bond. forms for Warranty/Guarantee coverage under this Contract.
<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 Bidders 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 City
<br /> from any and all liability,loss,or expense occasioned by any such
<br /> 1.13 PAYMENTS; violation.
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<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. Invokes 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 Bid shall include a copy of the company's 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 /> City 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 City 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 /> 0 Samples of items, when required, must be furnished by the Bidders 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 bidder shall be liable for any damages or loss to the
<br /> and delivered by them within ten(10)calendar days of Proposers City occasioned by negligence of the Proposers(or their agent)or
<br /> City of Sunriy.Isles Beach I Invitation-to Bid No:19:01701 5:1. -
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