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<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 />profession, or by any corporation, partnership, or other
<br />commercial entity that is actively organized or registered with
<br />the Department of State shall submit a copy of the current
<br />licensing from the appropriate agency and/or proof of current
<br />active status with the Division of Corporations of the State of
<br />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
<br />insurance required. The Proposers shall be liable for any
<br />damages or loss to the City occasioned by negligence of the
<br />Proposers (or their agent) or any person the Proposers has
<br />designated in the completion of their contract as a result of the
<br />Bid. Contractor shall be required to furnish a copy of all licenses,
<br />certificates of competency or other licensor requirements
<br />necessary to practice their profession as required by Florida
<br />State Statute, Miami-Dade County, and City of Sunny Isles Beach
<br />Code. Contractors shall include current Miami-Dade County
<br />Certificates of Competency. These documents shall be
<br />furnished to the City along with the Bid response. Failure to
<br />furnish these documents or to have required licensor will be
<br />grounds for rejecting the Bid.
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<br />1.24 CERTIFICATE(S) OF INSURANCE:
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<br />Proposers shall furnish to the Office of the City Clerk, City of
<br />Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach,
<br />Florida 33160, certificate(s) of insurance which indicate that
<br />insurance coverage has been obtained from an insurance
<br />company authorized to do business in the State of Florida or
<br />otherwise secured in a manner satisfactory to the City, for those
<br />coverage types and amounts listed in this document, in an
<br />amount equal to 100% of the requirements and shall be
<br />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.
<br />The required certificates of insurance shall not only name the
<br />types of policies provided, but shall also refer specifically to this
<br />Bid and section. At the time of Bid submission the Proposers
<br />must submit certificates of insurance as outlined in the General
<br />Conditions section. All required insurances shall name the City
<br />of Sunny Isles Beach as additional insured and such insurance
<br />shall be issued by companies authorized to issue insurance in
<br />the State of Florida. It shall be the responsibility of the
<br />Proposers and insurer to notify the City Manager of the City of
<br />Sunny Isles Beach of cancellation, lapse, or material
<br />modification of any insurance policies insuring the Proposers,
<br />which relate to the activities of such vendor and the City of
<br />Sunny Isles Beach. Such notification shall be in writing, and shall
<br />be submitted to the City finance support service director thirty
<br />(30) days prior to cancellation of such policies. This requirement
<br />shall be reflected on the certificate of insurance. Failure to fully
<br />and satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager
<br />to implement a rescission of the Bid award without further City
<br />Commission action. The Proposers hereby holds the City
<br />harmless and agrees to indemnify City and covenants not to sue
<br />the City by virtue of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance
<br />required by this Bid without prior written consent of the City
<br />Manager. Any award issued pursuant to the REQUEST FOR
<br />PROPOSALS and monies which may be due hereunder are not
<br />assignable except with prior written approval of the City
<br />Manager. Further, in the event that the majority ownership or
<br />control of the Contractor changes hands subsequent to the
<br />award of this contract, Contractor shall promptly notify City in
<br />writing (via United States Postal Service – Certified Mail, Return
<br />Receipt Requested) of such change in ownership or control at
<br />least thirty (30) days prior to such change and City shall have the
<br />right to terminate the contract upon sixty (60) days written
<br />notice, at City’s sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Contractor shall indemnify, hold harmless, and defend the
<br />City of Sunny Isles Beach, it's officers, agents and employees
<br />from and against any claims, demands or causes of action of
<br />whatsoever kind or nature arising out of error, omission,
<br />negligent act, conduct, or misconduct of the Contractor, their
<br />agents, servants or employees in the provision of goods or the
<br />performance of services pursuant to this Bid and / or from any
<br />procurement decision of the City including without limitation,
<br />awarding the Contract to the Contractor.
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<br />1.27 NON-CONFORMANCE TO CONTRACT:
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<br />The City of Sunny Isles Beach may withhold acceptance of, or
<br />reject items which are found upon examination, not to meet the
<br />specification requirements. Upon written notification of
<br />rejection, items shall be removed within (5) calendar days by the
<br />vendor at their own expense and redelivered at their expense.
<br />Rejected goods left longer than thirty (30) calendar days will be
<br />regarded as abandoned and the City shall have the right to
<br />dispose of them as its own property. Rejection for non-
<br />conformance or failure to meet delivery schedules may result in
<br />the Contractor being found in default.
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<br />1.28 DEFAULT PROVISION:
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<br />In case of default by the Proposers, the City of Sunny Isles Beach
<br />may procure the articles or services from other sources and hold
<br />the Proposers responsible for any excess costs occasioned or
<br />incurred thereby.
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<br />1.29 SECONDARY/OTHER VENDORS:
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<br />The City reserves the right in the event the primary vendor
<br />cannot provide an item(s) or service(s) in a timely manner as
<br />requested, to seek other sources without violating the intent of
<br />the Contract.
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<br />1.30 DEFINITIONS:
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<br />Wherever used in these General Conditions or in the other
<br />Contract Documents, the following terms shall have the
<br />meaning indicated which shall be applicable to both the
<br />singular and plural thereof:
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<br />Acceptance: Acceptance by the City of the Work as
<br />being fully complete in accordance
<br />with the Contract Documents subject
<br />to waiver of claims.
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<br />Agreement or Lease: The written Agreement (i.e., Lease
<br />Agreement) between the City and the
<br />Contractor covering the Work to be
<br />performed, and the lease terms and
<br />conditions, which includes the
<br />Contract Documents. As used herein,
<br />“Lease” shall have the same meaning
<br />as “Agreement”.
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<br />Addenda: Written or graphic instruments issued
<br />prior to the Bid Opening which modify
<br />or interpret the Contract Documents,
<br />Drawings and Specifications, by
<br />addition, deletions, clarifications or
<br />corrections.
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<br />Approved: Means approved by the City.
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<br />Bid or Proposal: The offer of the Proposers submitted
<br />on the prescribed form setting forth
<br />the prices for the Work to be
<br />performed.
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