This is a service / maintenance or supply contract in Huntington, New York. Contact the soliciting agency for additional information.

6 - AWARD (a) The Director of Purchasing reserves the right to make awards within forty-five (45) days after the date of the bid opening, during which period bids shall not be withdrawn. This period may be extended, for the benefit of the Town by mutual agreement between the bidder and the Director of Purchasing. (b) The placing of an order by the Director of Purchasing with the bidder for material described in the Request of Bid shall constitute a legal and binding contract. A notice of award will be issued to the successful responsive responsible vendor(s). No orders are to be placed or deliveries and services scheduled until you are issued a signed Purchase Order from the Town. The Town will not be responsible for materials and services provided without a Purchase Order number. (c) Any contract created shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract. No liability on account thereof shall be incurred by the Town beyond the amount of such monies. It is understood that neither this contract nor any representations by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of this contract. (d) The Town reserves the right to award future contracts/purchase orders to the next low bidder in the event of default or cancellation of a previously awarded contract/purchase order. 7 - PERFORMANCE BONDS If the specifications require the posting of a performance bond, then within one week after awarding of the contract a performance bond of 100% of the amount of the award, unless an alternate amount is otherwise specified, shall be posted as security for faithful performance, with the understanding that the whole or any part thereof may be used by the Town of Huntington to supply any deficiency that may arise from any default on the part of the bidder. Such Bond must meet all the requirements of the Bid Specifications and the Town Attorney. 8 - GUARANTEES BY BIDDER Bidder hereby guarantees: (a) To save the Town, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or non-copyrighted composition secret process, patented or unpatented invention, article or appliance furnished or used in the performance hereof of which the Bidder is not the Patentee, assignee or licensee and to defend any action brought against the Town in the name of the Town and under the direction of the Town Attorney at the sole cost of the Bidder or in the sole option of the Director of Purchasing to pay the cost of such defense to the Town. (b) His/her products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit. (c) To furnish adequate protection from damage for all work to repair damages of any kind, for which the Vendor's workmen are responsible, to the building or equipment, to his/her own work or the work of other Vendors or in the opinion of the Director of Purchasing to pay for the same by deductions in payments due under this contract. (d) To pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the Town and of the County of Suffolk and the State of New York. (e) INSURANCE - To maintain Workers Compensation and Disability Benefits Insurance during the life of the contract. The Contractor further agrees to conform to all of the requirements of the New York State Workers Compensation Law. During the life of the contract, the Contractor shall secure and maintain bodily injury and property damage liability insurance. This insurance must be Occurrence coverage; policies in the Claims Made format are not acceptable. The limits of liability insurance shall be $2,000,000.00 for any one person and $2,000,000.00 for any one occurrence for bodily injury. Automobile Liability insurance with the same limits shall be maintained by the Contractor on all automotive equipment used in connection with the contract. Certificates of Insurance reflecting the above coverage shall be provided to the Town prior to commencement of any work by the Contractor. These certificates shall be in the name of the Town and shall further name the Town of Huntington as Additional Insured by endorsement. The Contractor/Vendor shall be solely responsible for providing the Town of Huntington with thirty (30) days prior written notice of any cancellation, non-renewal or material change of action with regard to the required insurance coverage. Failure to notify the Town of a change in policy coverage is valid grounds for the Town to void the agreement. The Contractor/Vendor is required to present the Town of Huntington with an updated insurance certificate as part of its invoice backup for payment processing. Failure to do so will result in non- payment and the Town may choose to void the agreement. (f) That he/she will keep him/herself fully informed, of all municipal ordinances and regulations, State and National Laws in any manner affecting the work or goods herein specified, and any extra work contracted for by him/her and shall at all times observe and comply with said ordinances, laws and regulations, including all provisions of the Workmen's Compensation and Labor Laws. The contractor agrees to defend, indemnify and hold the Town, its officers, agents and employees harmless from any liability and attorneys' fees, imposed upon or incurred by the Town, its officers, agents and/or employees arising from the negligence, gross negligence, recklessness, malpractice, or intentional tort of the contractor. (g) That the items furnished shall conform to all of the provisions of the bid and this warranty shall survive acceptance, or use of any material so furnished. (h) That all deliveries will not be inferior to the accepted bid sample. The Town reserves the right to reject any request for assignment for an entity that appears on the prohibited entity list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award. Questions During the Bidding Period: Questions, requests for information or interpretations concerning the drawings or specifications, or any aspect of the project must be addressed in writing to the DIRECTOR OF PURCHASING, TOWN OF HUNTINGTON, Town Hall, 100 Main Street, Room 209, Huntington, New York 11743, Fax # (631) 351-2833 or email at purchasing@huntingtonny.gov and to be given any consideration, must be received at least five (5) business days prior to the date fixed for the opening of bids. The right is reserved by the Town to waive any informalities in, to reject any or all bids submitted, or to accept the bid and award the contract to the lowest, responsible formal Bidder, in the best interest of the Town, pursuant to Section 103 of the General Municipal Law. A proposal submitted by a bidder who is not in full compliance with the provisions of the Huntington Town Code at the time of submission will be denied.