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service and/or skill); • Past Performance (including the quality of performance of previous contracts); • Recent, current and projective workloads (including whether the provider can perform the contract within the time specified without delay or interference); • Fee proposal • Association with Sunny Isles Beach firm • Demonstration of legal capability • Demonstration of Experience and ability to use respondee in the future 15 points 15 points 10 points 15 points 5 points 10 points 10 points 8. Peformance. The respondee, upon award of any contract shall ensure that all items supplied and /or work performed, comply with federal, state and local laws rules and regulations as well as the terms of the contract. 9. Process. Respondee, upon award of the contract shall be responsible for management and organization of all public hearings and meetings with City officials, citizens' and business groups or other organizations as applicable. Any and all meetings and all costs associated with responding to this process will be at respondee's expense with no additional cost to the City. 9.1 Non - award. The City reserves the right in its sole and absolute discretion to reject any and all qualifiers, to cancel and /or withdraw this RFQ at any time. 9.2 Responsible, Responsive Bidder. The City reserves the right to award any contract to any respondee which it deems to offer the best overall service and be the most responsible responsive bidder thereby the City is not bound to award any contract based solely on the lowest quoted price and no contract is created until it is signed with the approval of the City Commission. The City, in its sole and absolute discretion, also reserves the right to negotiate separately with competing firms as it deems to be in the best interest of the City and as permitted by law. 9.3 Negotiation. In the event the lowest, most responsive and responsible qualifier for a project exceeds available funds, and the City Commission does not make available additional funds, the City Manager is authorized, when time or economic considerations preclude re- solicitation of qualifiers, to negotiate an adjustment of the qualifying price as long as the scope of work is not changed with the lowest, most responsive and responsible qualifier, in order to bring the qualification within the amount of available funds. Final negotiation shall be in written form, as approved by the City Manager and the City Attorney. 9.4 One Response. If only one responsive qualifier for commodity or contractual service is received, in response to an Invitation for Qualifier, an award may be made to the single Qualifier, if the City Manager finds the price submitted is fair and reasonable, and that other prospective qualifier had reasonable opportunity to respond, or there is not adequate time for re- solicitation. Further, the City Page 4 of 9 Landscape Architect Rfq Revised 05117101