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- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o 3.16. Perfonnance and Payment Bond: The City shall require the successful Proposer to fumish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or fumishing materials in connection herewith wnhln ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Rorida. 3.17. Price, Terms, and Conditions: Proposer warrants that the Proposal will be firm for a period of ninety (90) days from the date of the RFP opening unless otherwise stated in the RFP Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses. to the RFP will be cause for rejection, as determined by the City. Prices should be stated in units of quantity specified in the RFP Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. Proposers are expected to examine the specifications, delivery schedule, Proposal prices and extensions and all general and special conditions of the RFP prior to the submission. In case of an error in price extension, the unit price(s) will govem. Proposers are responsible for checking their calculations. Failure to do so will be at the Proposer's risk, and errors will not release the Proposer from their responsibility as noted herein. 3.18. Independent Contractor Status: The contractor shall at all times, relevant to this contract, be an independent contractor and in no event shan the Contractor nor any employees or sub-contractors under it be considered to be employees of the City. 3.19. Payments: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. 3.20. Quantity Guaranty: No guarantee or warranty is given or implied by the City as to the total amount that mayor may not be purchased from any resulting Contract or Award. These quantities are for proposal purposes only and will be used for tabulation and presentation of the RFP. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative nems not listed in this RFP. 3.21. Delivery: All nems shall be delivered f.o.b. destination (i.e. at a specific City of Sunny Isles Beach address), and delivery costs and charges (if any) will be included in the Fee Price. Exceptions shall be noted. When practical, the City may make pick-ups at the vendor's place of business when specifically approved by the City. 3.22. Safety Standards: The Proposer warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Proposals must be accompanied by a materials data safety sheet (MSDS) when applicable. 3.23. Warranties: Successful Proposer shall act as agent for the City in the follow-up and compliance of all nems under Warranty/Guarantee and complete all forms for Warranty/Guarantee coverage under this Contract. Proposer warrants by signature on the RFP Form that prices quoted here are in conformity with the latest Federal Price Guidelines. 3.24. Local Business Tax (Occupational Ucense Registration): The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each vendor submitting a proposal shall include a copy of the company's local business tax/occupationallicense(s) with the RFP response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Ucensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida StaMes, proof of current registration with the Rorida Secretary of State shall be submitted with the RFP. A business formed by an attomey actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity 7