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<br />City of Sunny Isles Beach |Request for Qualifications No. 20-07-01 17 <br /> <br />2.16 NON EXCLUSIVE CONTRACT <br /> <br />Firm agrees and understands that the Agreement shall not be construed as an exclusive <br />arrangement and further agrees that the City may, at any time, secure similar or identical <br />services from another supplier at the City’s sole option. <br /> <br />2.17 EXCEPTIONS TO RFQ <br /> <br />Firms must clearly indicate any exceptions they wish to take to any of the terms in this <br />RFQ, and outline what alternative is being offered. The City, after completing evaluations, <br />may accept or reject the exceptions. In cases in which exceptions are rejected, the City <br />may require the consultant to furnish the services or goods originally described, or <br />negotiate an alternative acceptable to the City. <br /> <br />2.18 CLARIFICATIONS / DISCUSSIONS <br /> <br />The City may request additional information or clarification from any of the respondents <br />after review of the proposals received for the sole purpose of elimination minor <br />irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does <br />not give respondent an opportunity to revise or modify its proposal, except to the extent <br />that correction of apparent clerical mistakes results in a revision. After the initial receipt <br />of proposals, the City reserves the right to conduct discussions with those respondent’s <br />whose proposals are determined to be reasonably susceptible of being selected for award. <br /> <br />2.19 PROPRIETARY RIGHTS <br /> <br />A. The Consultant hereby acknowledges and agrees that the City retains all rights, title <br />and interests in and to all materials, data, documentation and copies thereof furnished by <br />the City to the Consultant hereunder or furnished by the Consultant to the City and/or <br />created by the Consultant for delivery to the City, even if unfinished or in process, as a <br />result of the Services the Consultant performs in connection with the Agreement, including <br />all copyright and other proprietary rights therein, which the Consultant as well as its <br />employees, agents, sub-consultants and suppliers may use only in connection with the <br />performance of Services under the Agreement. The Consultant shall not, without the prior <br />written consent of the City, use such documentation on any other project in which the <br />Consultant or its employees, agents, sub-consultants or suppliers are or may become <br />engaged. Submission or distribution by the Consultant to meet official regulatory <br />requirements or for other purposes in connection with the performance of Services under <br />the Agreement shall not be construed as publication in derogation of the City's copyrights <br />or other proprietary rights. <br /> <br />B. All rights, title and interest in and to certain inventions, ideas, designs and methods,