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<br />City of Sunny Isles Beach |Request for Proposal No. 14-11-01 5
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<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 the
<br />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:
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<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 proposer will have ten (10) calendar days after notification
<br />of the award by the City to execute the Agreement and provide the
<br />required Performance Bond.
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<br />The Proposer who has the Contract awarded to them and who fails
<br />to execute the Agreement and furnish the Performance Bond and
<br />Insurance Certificates within the specified time shall forfeit the Bid
<br />Security that accompanied their Bid, and the Bid Security shall be
<br />retained as liquidated damages by the City, and it is agreed that this
<br />sum is a fair estimate of the amount of damages the City will sustain
<br />in case the Proposer fails to enter into the Contract and furnish the
<br />Bonds as herein before provided. Bid Security deposited in the form
<br />of a cashier’s check drawn on a local bank in good standing shall be
<br />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.
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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 contract
<br />and/or purchase order. Invoices must bear the purchase order
<br />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 name,
<br />or Proposer catalog is mentioned whether or not followed by the
<br />words "approved equal" it is for the purpose of establishing a grade
<br />or quality of material only. Proposer 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 Bid as equals.
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<br />1.15 MATERIAL:
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<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.
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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 name
<br />and delivered by them within ten (10) calendar days of Proposers
<br />receipt of the “Notice to Proceed”, unless schedule indicates a
<br />different time. If samples are requested subsequent to the Bid
<br />opening, they should be delivered within ten (10) calendar days of
<br />the request. The City will not be responsible for 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 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.
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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, or
<br />performance of the items offered on this Bid prior to their delivery,
<br />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 />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.
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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 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.
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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 shipped
<br />or ordered, as a result of this Bid. The seller agrees to indemnify
<br />City from any and all liability, loss, or expense occasioned by any
<br />such violation.
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<br />1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
<br />REGISTRATION):
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<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 Proposer submitting a Bid on this
<br />Request for Proposal shall include a copy of the company’s local
<br />business tax/occupational license(s) with the Bid response. For
<br />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 Bid. A business formed by an attorney actively
<br />licensed to practice law in this state, by a person actively licensed by
<br />the 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.
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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 Proposer shall be liable for any damages or loss to the
<br />City occasioned by negligence of the Proposers (or their agent) or
<br />any person the Proposers has designated in the completion of their
<br />contract as a result of the Bid. Proposer shall be required to furnish
<br />a copy of all licenses, certificates of competency or other licensor
<br />requirements necessary to practice their profession as required by
<br />Florida State Statute, Miami-Dade County, and City of Sunny Isles
<br />Beach Code. Proposers shall include current Miami-Dade County
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