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Contract shall make a good faith effort to resolve the
<br />dispute. If the dispute cannot be resolved by agreement,
<br />then the department with the advice of the City Attorney
<br />shall resolve the dispute and send a written copy of its
<br />decision to the Contractor, which shall be binding on both
<br />parties.
<br />1.12 AGREEMENT:
<br />After the Bid award, the City will, at its option, prepare an Agreement
<br />specifying the terms and conditions resulting from the award of this Bid.
<br />The vendor will have ten (10) calendar days after notification of the
<br />award by the City to execute the Agreement and provide the required
<br />Performance Bond.
<br />The Proposers who has the Contract awarded to them and who fails to
<br />execute the Agreement and furnish the Performance Bond and Insurance
<br />Certificates within the specified time shall forfeit the Bid Security that
<br />accompanied their Bid, and the Bid Security shall be retained as
<br />liquidated damages by the City, and it is agreed that this sum is a fair
<br />estimate of the amount of damages the City will sustain in case the
<br />Proposers fails to enter into the Contract and furnish the Bonds as herein
<br />before provided. Bid Security deposited in the form of a cashier's check
<br />drawn on a local bank in good standing shall be subject to the same
<br />requirements as a Bid Bond.
<br />The performance of the City of Sunny Isles Beach of any of its obligations
<br />under the agreement shall be subject to and contingent upon the
<br />availability of funds lawfully expendable for the purposes of the
<br />agreement for the current and any future periods provided for within the
<br />Bid specifications.
<br />1.13 PAYMENTS:
<br />Payment will be made after commodities/services have been received,
<br />accepted, and properly invoiced as indicated in the contract and/or
<br />purchase order. Invoices must bear the purchase order number.
<br />1.14 BRAND NAMES:
<br />If a brand name, make, of any "or equal" manufacturer trade name, or
<br />vendor catalog is mentioned whether or not followed by the words
<br />"approved equal" it is for the purpose of establishing a grade or quality of
<br />material only. Vendor may offer equals with appropriate identification,
<br />samples, and/or specifications on such item(s). The City shall be the sole
<br />judge concerning the merits of items Bid as equals.
<br />1.15 MATERIAL:
<br />Material(s) delivered to the City under this Bid shall remain the property
<br />of the seller until accepted to the satisfaction of the City. In the event
<br />materials supplied to City are found to be defective or do not conform to
<br />specifications, the City reserves the right to return the product(s) to the
<br />seller at the seller's expense.
<br />1.16 SAMPLES:
<br />Samples of items, when required, must be furnished by the Proposers
<br />free of charge to the City. Each individual sample must be labeled with
<br />the Proposers name and manufacturer's brand name and delivered by
<br />them within ten (10) calendar days of Proposers receipt of the "Notice to
<br />Proceed", unless schedule indicates a different time. If samples are
<br />requested subsequent to the Bid opening, they should be delivered
<br />within ten (10) calendar days of the request. The City will not be
<br />responsible for returning samples.
<br />1.17 QUANTITY GUARANTY:
<br />No guaranty or warranty is given or implied by the City as to the total
<br />amount that may or may not be purchased from any resulting Contract or
<br />Award. These quantities are for Bid purposes only and will be used for
<br />tabulation and presentation of the Bid. The City reserves the right to
<br />increase or decrease quantities as required, even significantly. The prices
<br />offered herein and the percentage rate of discount applies to other
<br />representative items not listed in this Bid.
<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />1.19
<br />1.20
<br />1.21
<br />1.22
<br />1.23
<br />1.24
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<br />In the event any governmental restrictions may be imposed which would
<br />necessitate alteration of the material quality, workmanship, or
<br />performance of the items offered on this Bid prior to their delivery, it
<br />shall be the responsibility of the successful Proposers to notify the City at
<br />once, indicating in their letter the specific regulation which required an
<br />alteration. The City of Sunny Isles Beach reserves the right to accept any
<br />such alteration, including any price adjustments occasioned thereby, or
<br />to cancel at no further expense to the City.
<br />SAFETY STANDARDS:
<br />The Proposers warrants that the product(s) supplied to the City conforms
<br />in all respects to the standards set forth in the occupational safety and
<br />health act (OSHA) and its amendments. Bids must be accompanied by a
<br />materials data safety sheet (MSDS) when applicable.
<br />WARRANTIES:
<br />Successful Proposers shall act as agent for the City in the follow-up and
<br />compliance of all items under Warranty/Guaranty and complete all forms
<br />for Warranty/Guarantee coverage under this Contract.
<br />COPYRIGHTS/PATENT RIGHTS:
<br />Proposers warrants that there has been no violation of copyrights or
<br />patent rights in manufacturing, producing or selling of goods shipped or
<br />ordered, as a result of this Bid. The seller agrees to indemnify City from
<br />any and all liability, loss, or expense occasioned by any such violation.
<br />LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION):
<br />The contractor shall be responsible for obtaining and maintaining
<br />throughout the contract period his or her city and county local business
<br />tax receipts. Each vendor submitting a Bid on this Request for Bid shall
<br />include a copy of the company's local business tax/occupational license(s)
<br />with the Bid response. For information specific to City of Sunny Isles
<br />Beach local business tax/occupational licenses, please call Code
<br />Enforcement & Licensing at (305) 792-1705. If the contractor is operating
<br />under a fictitious name as defined in Section 865.059, Florida Statutes,
<br />proof of current registration with the Florida Secretary of State shall be
<br />submitted with the Bid. A business formed by an attorney actively
<br />licensed to practice law in this state, by a person actively licensed by the
<br />Department of Business and Professional Regulations or the Department
<br />of Health for the purpose of practicing his or her licensed profession, or
<br />by any corporation, partnership, or other commercial entity that is
<br />actively organized or registered with the Department of State shall
<br />submit a copy of the current licensing from the appropriate agency
<br />and/or proof of current active status with the Division of Corporations of
<br />the State of Florida.
<br />LIABILITY, INSURANCE, PERMITS AND LICENSES:
<br />Proposers shall assume the full duty, obligation, and expense of obtaining
<br />all necessary licenses, permits, inspections, and insurance required. The
<br />Proposers shall be liable for any damages or loss to the City occasioned
<br />by negligence of the Proposers (or their agent) or any person the
<br />Proposers has designated in the completion of their contract as a result
<br />of the Bid. Contractor shall be required to furnish a copy of all licenses,
<br />certificates of competency or other licensor requirements necessary to
<br />practice their profession as required by Florida State Statute, Miami -Dade
<br />County, and City of Sunny Isles Beach Code. Contractors shall include
<br />current Miami -Dade County Certificates of Competency. These
<br />documents shall be furnished to the City along with the Bid response.
<br />Failure to furnish these documents or to have required licensor will be
<br />grounds for rejecting the Bid.
<br />CERTIFICATE(S) OF INSURANCE:
<br />Proposers shall furnish to the Office of the City Clerk, City of Sunny Isles
<br />Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance coverage has
<br />been obtained from an insurance company authorized to do business in
<br />the State of Florida or otherwise secured in a manner satisfactory to the
<br />City, for those coverage types and amounts listed in this document, in an
<br />amount equal to 100% of the requirements and shall be presented to the
<br />City prior to issuance of any Contract(s) or Award(s) Document(s). The
<br />City of Sunny Isles Beach I Invitation to Bid No. 22-08-01
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