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<br /> RFP # 23-04-02 Page 5
<br />
<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />written copy of its decision to the Contractor, which
<br />shall be binding on both parties.
<br />
<br />1.12 AGREEMENT:
<br />
<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
<br />Bid. The vendor will have ten (10) calendar days after notification of
<br />the award by the City to execute the Agreement and provide the
<br />required Performance Bond.
<br />The Consultants 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 Consultants 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 for
<br />within the Bid specifications.
<br />
<br />1.13 PAYMENTS:
<br />
<br />Payment will be made after commodities/services have been
<br />received, accepted, and properly invoiced as indicated in the contract
<br />and/or purchase order. Invoices must bear the purchase order
<br />number.
<br />
<br />1.14 BRAND NAMES:
<br />
<br />If a brand name, make, of any "or equal" manufacturer trade name,
<br />or vendor catalog is mentioned whether or not followed by the words
<br />"approved equal" it is for the purpose of establishing a grade or
<br />quality of material only. Vendor may offer equals with appropriate
<br />identification, samples, and/or specifications on such item(s). The
<br />City shall be the sole judge concerning the merits of items Bid as
<br />equals.
<br />
<br />1.15 MATERIAL:
<br />
<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 return
<br />the product(s) to the seller at the seller’s expense.
<br />
<br />1.16 SAMPLES:
<br />
<br />Samples of items, when required, must be furnished by the
<br />Consultants free of charge to the City. Each individual sample must
<br />be labeled with the Consultants name and manufacturer's brand
<br />name and delivered by them within ten (10) calendar days of
<br />Consultants 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.
<br />
<br />1.17 QUANTITY GUARANTY:
<br />
<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
<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 rate
<br />of discount applies to other representative items not listed in this Bid.
<br />
<br />1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
<br />
<br />In the event any governmental restrictions may be imposed which
<br />would necessitate alteration of the material quality, workmanship, or
<br />performance of the items offered on this Bid prior to their delivery,
<br />it shall be the responsibility of the successful Consultants to notify
<br />the City at once, indicating in their letter the specific regulation which
<br />required an alteration. The City of Sunny Isles Beach reserves the
<br />right to accept any such alteration, including any price adjustments
<br />occasioned thereby, or to cancel at no further expense to the City.
<br />
<br />1.19 SAFETY STANDARDS:
<br />
<br />The Consultants warrants that the product(s) supplied to the City
<br />conforms in all respects to the standards set forth in the occupational
<br />safety and health act (OSHA) and its amendments. Bids must be
<br />accompanied by a materials data safety sheet (MSDS) when
<br />applicable.
<br />
<br />1.20 WARRANTIES:
<br />
<br />Successful Consultants shall act as agent for the City in the follow-
<br />up and compliance of all items under Warranty/Guaranty and
<br />complete all forms for Warranty/Guarantee coverage under this
<br />Contract.
<br />
<br />1.21 COPYRIGHTS/PATENT RIGHTS:
<br />
<br />Consultants 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 occasioned
<br />by any such violation.
<br />
<br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
<br />
<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 Request
<br />for Proposal 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 licensed
<br />profession, or by any corporation, partnership, or other commercial
<br />entity that is actively organized or registered with the Department of
<br />State shall submit a copy of the current licensing from the
<br />appropriate agency and/or proof of current active status with the
<br />Division of Corporations of the State of Florida.
<br />
<br />1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
<br />
<br />Consultants shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and insurance
<br />required. The Consultants shall be liable for any damages or loss to
<br />the City occasioned by negligence of the Consultants (or their agent)
<br />or any person the Consultants 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 be
<br />furnished to the City along with the Bid response. Failure to furnish
<br />these documents or to have required licensor will be grounds for
<br />rejecting the Bid.
<br />
<br />1.24 CERTIFICATE(S) OF INSURANCE:
<br />
<br />Consultants shall furnish to the Office of the City Clerk, City of Sunny
<br />Isles 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
<br />in the State of Florida or otherwise secured in a manner satisfactory
<br />to the City, for those coverage types and amounts listed in this
<br />document, in an amount equal to 100% of the requirements and
<br />shall be presented to the City prior to issuance of any Contract(s) or
<br />Award(s) Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this coverage. The
<br />required certificates of insurance shall not only name the types of
<br />policies provided, but shall also refer specifically to this Bid and
<br />section. At the time of Bid submission the Consultants must submit
<br />certificates of insurance as outlined in the General Conditions
<br />section. All required insurances shall name the City of Sunny Isles
<br />Beach as additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida. It
<br />shall be the responsibility of the Consultants and insurer to notify the
<br />City Manager of the City of Sunny Isles Beach of cancellation, lapse,
<br />or material modification of any insurance policies insuring the
<br />Consultants, which relate to the activities of such vendor and the City
<br />of Sunny Isles Beach. Such notification shall be in writing, and shall
<br />be submitted to the City finance support service director thirty (30)
<br />days prior to cancellation of such policies. This requirement shall be
<br />reflected on the certificate of insurance. Failure to fully and
<br />satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager to
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