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<br />the information of vendors and other interested parties who may be present either in person or by representative.
<br />Proposals that are received after the RFP opening time will not be considered and will not be retumed.
<br />
<br />3.13. Evaluation of RFPs: The City, at its sole discretion, reserves the right to inspect any/all Proposer's facilities
<br />to determine their capability of meeting the requirements for the Contract. In accordance with Section 62.8 of the
<br />City Code, the following factors including price, responsibility, and responsiveness of the Proposer, the financial
<br />position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with
<br />other units of state, and/or local govemments in Florida, or comparable private entities, will be taken into
<br />consideration in the Award of the Contract.
<br />
<br />3.13.1. Hold Harmless: All Proposers shall hold the City, its officials and employees harmless and covenant not to
<br />sue the City, its officials and employees in reference to their decisions to reject, award, or not award a RFP,
<br />as applicable.
<br />
<br />3.13.2. Cancellation: Failure on the part of the Proposer to comply with the conditions, specifications,
<br />requirements, and terms as determined by the City, shall be just cause for cancellation of the Award.
<br />
<br />3.13.3. Disputes: If any dispute conceming a question of fact arises under the Contract, other than termination for
<br />default or convenience, the Contractor and the City department responsible for the actninistration of the
<br />Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by
<br />agreement, then the department with the advice of the City Attomey shall resolve the cispute and send a
<br />written copy of its decision to the Contractor, which shall be binding on both parties.
<br />
<br />3.14. Award of RFPs: The City will review the Proposals based on price, the capacity, ability and skill of the
<br />Proposer to perform the work, the past performance of the Proposer, and the proximity of the Proposer's facilities to
<br />the City. The City reserves the right to accept or reject any and/or all Proposals, to waive any informality,
<br />irregularities, or technicalities, to re-advertise for RFPs, or take any other actions that may be deemed to be in the
<br />best interests of the City. The City also reserves the right to award the Contract on a split order basis, group by
<br />group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The
<br />City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the
<br />applicable department personnel). In addition, each Proposer agrees to waive any claim It has or may have against
<br />the City, and the respective employees, arising out of or in connection with the administration, evaluation, or
<br />recommendation of any RFP. Final determination and award of RFP(s) shall be made by the City Commission.
<br />Notice of intended award is provided through an agenda item to the City of Sunny Isles Beach Commission
<br />containing a recommendation of award. The agenda for each meeting of the City of Sunny Isles Beach Commission
<br />is available on the City website at www.sibfl.net.
<br />
<br />3.15. Agreement: After the RFP award, the City will, at its option, prepare an Agreement specifying the terms and
<br />conditions resulting from the award of this RFP. Procurement of contractual services shall be evidenced by a written
<br />Agreement in substantially the same form as the Agreement incorporated herein as Section 13. The vendor will have
<br />ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required
<br />Performance Bond and Payment Bond. The Proposer who has the Contract awarded to them and who fails to
<br />execute the Agreement and fumish the Performance and Payment Bonds and Insurance Certificates within the
<br />specified time shall forfeit the RFP Security that accompanied their Proposal and the Security shall be retained as
<br />liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will
<br />sustain in case the Proposer fails to enter into the Contract and fumish the Bonds as herein before provided. The
<br />Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be sli>ject to the
<br />same requirements as a Bid Bond. The performance of the City of any of its obligations under the agreement shall
<br />be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for
<br />the current and any Mure periods provided for within the RFP specifications.
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