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<br /> RFP # 23-04-02 Page 15 <br /> <br />CITY OF SUNNY ISLES BEACH <br />18070 Collins Ave. | Sunny Isles Beach, FL 33160 <br />305.792.1707 | sibfl.net | Purchasing@sibfl.net <br />2.13 PERFORMANCE <br />Failure on the part of the consultant to comply with the conditions, terms, specifications and <br />requirements of the bid shall be just cause for cancellation of the proposal award. The City may, <br />by written notice to the firm, terminate the contract for failure to perform. The date of <br />termination shall be stated in the notice. The City shall be the sole judge of nonperformance. <br /> <br />2.14 SUB-CONSULTANTS <br /> <br />If the Consultant proposes to use sub-contractors / sub-consultants in the course of providing <br />these services to the City, this information shall be a part of the proposal response. Such <br />information shall be subject to review, acceptance and approval of the City, prior to any contract <br />award. The City reserves the right to approve or disapprove of any subcontractor candidate in the <br />City’s best interest. <br /> <br />Consultant shall ensure that all of Consultant’s subcontractors perform in accordance with the <br />terms and conditions of this Contract. Contractor shall be fully responsible for all of Consultant’s <br />subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance <br />and all of Consultant’s subcontractors’ acts and omissions. Consultant shall defend, at <br />Contractor’s expense, counsel being subject to the City’s approval or disapproval, and indemnify <br />and hold harmless the City and the City’s officers, employees, and agents from and against any <br />claim, lawsuit, third party action, or judgment, including any award of attorney fees and any award <br />of costs, by or in favor of any Consultant’s subcontractors for payment for work performed for <br />the City. <br /> <br />In the proposal to the City, the Consultant will provide information as to what percentage of work <br />described herein will be subcontracted. <br /> <br />2.15 E-VERIFY <br /> <br />Consultant acknowledges that the City may be utilizing the Consultant services for a project that <br />is funded in whole or in part by State funds pursuant to a contract between the City and a State <br />agency. Consultant shall be responsible for complying with the E-Verify requirements in the <br />contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the <br />employment of all new employees hired by Contractor during the Agreement term. The <br />Contractor is also responsible for e-verifying its subcontractors, if any, pursuant to any agreement <br />between the City and a State Agency, and reporting to the City any required information. <br />Consultant acknowledge that the terms of this paragraph are material terms, the breach of any <br />of which constitute a default under the Agreement. <br /> <br />2.16 NO EXCLUSIVE CONTRACT <br /> <br />Consultant agrees and understands that the contract shall not be construed as an exclusive <br />arrangement and further agrees that the City may, at any time, secure similar or identical services <br />from another vendor at the City’s sole option. <br /> <br />2.17 PUBLIC RECORDS <br /> <br />IF THE SUCCESSFUL CONSULTANT HAS QUESTIONS