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the Contract
<br />1.8. Proposal Execution, Signatures,
<br />Erasure/ Correction: All Proposals shall be signed
<br />in blue ink. All price quotes shall be typewritten or
<br />printed with ink. All corrections made by the
<br />proposers prior to the opening must be initialed and
<br />dated by the proposers. No changes or corrections
<br />will be allowed after proposals are opened. Proposals
<br />must contain an original, manual signature of an
<br />authorized representative of the company.
<br />1.9 Withdrawal of Proposals: Proposers may
<br />withdraw proposals only by written request and shall
<br />forward the withdrawal request via "Certified U.S.
<br />Mail — Return Receipt Requested" prior to the
<br />proposal opening time. Negligence on the part of the
<br />Proposers in preparing the Proposal confers no right
<br />for the withdrawal of the proposal after it has been
<br />opened.
<br />1.10. Proposal Opening: Proposals will be opened
<br />publicly at the time and place stated in the Notice to
<br />Proposers. It is the responsibility of the proposers to
<br />insure that the proposal reaches the Office of the City
<br />Clerk on or before the closing hour and date stated
<br />on the invitation to proposal. After the proposal
<br />opening, the contents of the Bid Form will be made
<br />public for the information of vendors and other
<br />interested parties who may be present either in
<br />person or by representative. Proposals that are
<br />received after the proposal opening time will not be
<br />considered and will not be returned.
<br />1.11 Evaluation of Proposals: The City, at its sole
<br />discretion, reserves the right to inspect any /all
<br />Proposers facilities to determine their capability of
<br />meeting the requirements for the Contract. Also,
<br />price, responsibility, and responsiveness of the
<br />Proposers, the financial position, experience, staffing,
<br />equipment, materials, references, and past history of
<br />service to the City and /or with other units of state,
<br />and /or local governments in Florida, or comparable
<br />private entities, will be taken into consideration in the
<br />Award of the Contract.
<br />1.11.1Hold Harmless: All Proposer's shall hold
<br />the City, it's officials and employees
<br />harmless and covenant not to sue the City,
<br />it's officials and employees in reference to
<br />their decisions to reject, award, or not
<br />award a Proposal, as applicable.
<br />1.11.2Cancellation: Failure on the part of the
<br />Proposers to comply with the conditions,
<br />specifications, requirements, and terms as
<br />determined by the City, shall be just cause
<br />for cancellation of the Award.
<br />1.11.3Disputes: If any dispute concerning a
<br />question of fact arises under the Contract,
<br />other than termination for default or
<br />convenience, the Contractor and the City
<br />department responsible for the
<br />administration of the Contract shall make a
<br />good faith effort to resolve the dispute. If
<br />the dispute cannot be resolved by
<br />agreement, then the department with the
<br />advice of the City Attorney shall resolve the
<br />dispute and send a written copy of its
<br />PACE 5 OF 105
<br />PROPOSAL No.
<br />decision to the Contractor, which shall be
<br />binding on both parties.
<br />1.12 Agreement: After the proposal award, the City will,
<br />at its option, prepare an Agreement specifying the
<br />terms and conditions resulting from the award of this
<br />proposal. Procurement of contractual services shall
<br />be evidenced by a written Agreement in substantially
<br />the same form as the Agreement incorporated herein
<br />as Section 13. The vendor will have ten (10)
<br />calendar days after notification of the award by the
<br />City to execute the Agreement and provide the
<br />required Performance Bond.
<br />The Proposers who has the Contract awarded to
<br />them and who fails to execute the Agreement and
<br />furnish the Performance Bond and Insurance
<br />Certificates within the specified time shall forfeit the
<br />Proposal Security that accompanied their Proposal,
<br />and the Proposal Security shall be retained as
<br />liquidated damages by the City, and it is agreed that
<br />this sum is a fair estimate of the amount of damages
<br />the City will sustain in case the Proposers fails to
<br />enter into the Contract and furnish the Bonds as
<br />herein before provided. Proposal Security deposited in
<br />the form of a cashier's check drawn on a local bank in
<br />good standing shall be subject to the same
<br />requirements as a Bid Bond.
<br />The performance of the City of Sunny Isles Beach of
<br />any of its obligations under the agreement shall be
<br />subject to and contingent upon the availability of
<br />funds lawfully expendable for the purposes of the
<br />agreement for the current and any future periods
<br />provided for within the proposal specifications.
<br />1.13 Independent Contractor Status: The contractor
<br />shall at all times, relevant to this contract, be an
<br />independent contractor and in no event shall the
<br />Contractor nor any employees or sub - contractors
<br />under it be considered to be employees of the City of
<br />Sunny Isles Beach.
<br />1.14 Payments: Payment will be made after
<br />commodities /services have been received, accepted,
<br />and properly invoiced as indicated in the contract
<br />and /or purchase order. Invoices must bear the
<br />purchase order number.
<br />1.15 Brand Names: If a brand name, make, of any "or
<br />equal" manufacturer trade name, or vendor catalog is
<br />mentioned whether or not followed by the words
<br />"approved equal" it is for the purpose of establishing
<br />a grade or quality of material only. Vendor may offer
<br />equals with appropriate identification, samples,
<br />and /or specifications on such item(s). The City shall
<br />be the sole judge concerning the merits of items
<br />Proposal as equals.
<br />1.16 Material: Material(s) delivered to the City under this
<br />proposal shall remain the property of the seller until
<br />accepted to the satisfaction of the City. In the event
<br />materials supplied to City are found to be defective or
<br />do not conform to specifications, the City reserves the
<br />right to return the product(s) to the seller at the
<br />seller's expense.
<br />1.17 Samples: Samples of items, when required, must
<br />be furnished by the Proposers free of charge to the
<br />City. Each individual sample must be labeled with the
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