|
a A 1
<br />The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
<br />Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in
<br />failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling
<br />this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
<br />In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
<br />Statement of Qualifications, and may accept Statement of Qualifications which deviates from the solicitation, as it deems appropriate and
<br />in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting
<br />Statement of Qualifications in response to this solicitation.
<br />Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
<br />including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
<br />applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
<br />The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to
<br />assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of
<br />any information in this solicitation.
<br />Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals
<br />should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any
<br />warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made
<br />by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration,
<br />negotiation, or approval.
<br />The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will
<br />be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is
<br />totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to
<br />the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of
<br />Qualifications.
<br />This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance
<br />only, and does not constitute all or any part of an agreement
<br />The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable
<br />definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
<br />agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
<br />reason, without any resultant liability to the City.
<br />The City is governed by the Government -in -the -Sunshine Law, and all Statement of Qualifications and supporting documents shall be
<br />subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
<br />confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
<br />documents received by the City shall become public records.
<br />Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
<br />Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate
<br />to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
<br />information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications
<br />is true, accurate and complete, to the best of its knowledge, information, and belief.
<br />Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable
<br />judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto,
<br />or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated
<br />damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and
<br />Disclaimer which imposes no liability on the City.
<br />In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
<br />the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
<br />governed by and construed in accordance with the laws of the State of Florida.
<br />RFQ 2018 -183 -KB 23
<br />390
<br />
|