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<br />City of Sunny Isles Beach |Invitation to Bid No. 17-08-01 16 <br /> <br /> <br />2.17 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS <br /> <br />The vendor hereby acknowledges and agrees that all materials, except where recycled content is <br />specifically requested, supplied by the vendor in conjunction with this solicitation and resultant <br />contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the <br />event any of the materials supplied to the City by the vendor are found to be defective or do not <br />conform to specifications: (1) the materials may be returned to the vendor at the vendor’s <br />expense and the contract cancelled or (2) the City may require the vendor to r eplace the <br />materials at the vendor’s expense. <br /> <br />2.18 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON <br />PRICE QUOTES: <br /> <br />While the City has listed all major items within this solicitation which are utilized by City <br />departments in conjunction with their operations, there may be similar items that must be <br />purchased by the City during the term of this contract. Under these cir cumstances, a City <br />representative will contact the primary vendor to obtain a price quote for the similar items. If <br />there are multiple vendors on the contract, the City representative may also obtain price quotes <br />from these vendors. The City reserves the right to award these similar items to the primary <br />contract vendor, another contract vendor based on the lowest price quoted, or to acquire the <br />items through a separate solicitation. <br /> <br />2.19 WORK ACCEPTANCE <br /> <br />This project will be inspected by an authorized representative of the City. This inspection shall be <br />performed to determine acceptance of work, appropriate invoicing, and warranty conditions. <br /> <br />2.20 DRUG AND ALCOHOL TESTING <br /> <br />The Contractor’s employees must not possess, distribute, consume, use or cause to be used, any <br />controlled substance or alcohol on the Work sites. Any Contractor employee under the influence <br />of alcohol or a controlled substance must not be permitted to perform any Work under the <br />Contract. Any Contractor or Contractor employee found to be in violation of this requirement will <br />be permanently prohibited from performing any Work under this Contract. Actions taken under <br />this Article must not relieve the Contractor of the obligation to provide sufficient personnel to <br />perform adequate and timely Service as required in this Contract. <br /> <br />2.21 BACKGROUND CHECKS <br /> <br />The successful Proposer will be responsible for hiring the necessary personnel to conduct the <br />specified services and will comply with all federal, state, and local laws related to minimum wage, <br />social security, nondiscrimination, Americans with Disabilities Act (“ADA”), unemployment <br />compensation, and workers’ compensation. All staff assigned to this contract shall be required, at <br />their sole cost and expense, to pass a criminal background check prior to award of the <br />contract. The criminal background check shall consist of a Florida Department of Law