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<br />|REQUEST FOR PROPOSAL NO. 19-07-02 5
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<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:
<br />
<br />After the Proposal award, the City will, at its option, prepare an
<br />Agreement specifying the terms and conditions resulting from the
<br />award of this Proposal. The vendor will have ten (10) calendar days
<br />after notification of the award by the City to execute the
<br />Agreement and provide the required Performance Bond.
<br />The Proposer who has the Contract awarded to it and who fails to
<br />execute the Agreement and furnish the Performance Bond and
<br />Insurance Certificates within the specified time shall forfeit the
<br />Proposal Security that accompanied their Proposal, and the
<br />Proposal Security shall be retained as liquidated damages by the
<br />City, and it is agreed that this sum is a fair estimate of the amount
<br />of damages the City will sustain in case the Proposer fails to enter
<br />into the Contract and furnish the Bonds as herein before provided.
<br />Proposal Security deposited in the form of a cashier’s check drawn
<br />on a local bank in good standing shall be subject to the same
<br />requirements as a Proposal 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 Proposal 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 Proposal as equals.
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<br />1.15 MATERIAL:
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<br />Material(s) delivered to the City under this Proposal shall remain
<br />the property of the seller until accepted to the satisfaction of the
<br />City. In the event materials supplied to City are found to be
<br />defective or do not conform to specifications, the City reserves the
<br />right to 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 Proposal opening, they should be delivered within ten (10)
<br />calendar days of the request. The City will not be responsible for
<br />returning 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 Proposal purposes only
<br />and will be used for tabulation and presentation of the Proposal.
<br />The City reserves the right to increase or decrease quantities as
<br />required, even significantly. The prices offered herein and the
<br />percentage rate of discount applies to other representative items
<br />not listed in this Proposal.
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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 Proposal 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 Proposer 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 />Proposals must be accompanied by a materials data safety sheet
<br />(MSDS) 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 />Proposer warrants that there has been no violation of copyrights or
<br />patent rights in manufacturing, producing or selling of goods
<br />shipped or ordered, as a result of this Proposal. The Proposer
<br />agrees to 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 Proposer shall be responsible for obtaining and maintaining
<br />throughout the contract period his or her city and county local
<br />business tax receipts. Each Proposer submitting a Proposal on this
<br />Request for Proposal shall include a copy of the company’s local
<br />business tax/occupational license(s) with the Proposal response.
<br />For information specific to City of Sunny Isles Beach local business
<br />tax/occupational licenses, please call Code Enforcement & Licensing
<br />at (305) 792-1705. If the contractor is operating under a fictitious
<br />name as defined in Section 865.059, Florida Statutes, proof of
<br />current registration with the Florida Secretary of State shall be
<br />submitted with the Proposal. A business formed by an attorney
<br />actively licensed to practice law in this state, by a person actively
<br />licensed by the Department of Business and Professional
<br />Regulations or the Department of Health for the purpose of
<br />practicing his or her licensed profession, or by any corporation,
<br />partnership, or other commercial entity that is actively organized or
<br />registered with the Department of State shall submit a copy of the
<br />current licensing from the appropriate agency and/or proof of
<br />current active status with the Division of Corporations of the State
<br />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 Proposal. Contractor shall be
<br />required to furnish a copy of all licenses, certificates of competency
<br />or other licensor requirements necessary to practice their
<br />profession as required by Florida State Statute, Miami-Dade
<br />County, and City of Sunny Isles Beach Code. Contractors shall
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