RFQ # 26-07-01 CONTINUING ARCHITECTURAL AND ENGINEERING SERVICES (2)

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RFQ # 26-07-01 CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES (CCNA) Page 17 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3. The Consultant has failed to make prompt payment to subconsultants or suppliers for any Services; 4. The Consultant has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Consultants’ creditors, or the Consultant has taken advantage of any insolvency statute or debtor/creditor law or if the Consultant's affairs have been put in the hands of a receiver; 5. The Consultant has failed to obtain the approval of the City where required by the Contract; 6. The Consultant has failed in the representation of any warranties stated herein. 2.13 BACKGROUND CHECKS The successful Consultant and all personnel employed by them may be required, at their sole cost and expense, to pass a criminal background check prior to award of the Contract, and every renewal term, which background check shall be facilitated through the City’s Human Resources Department. Consultant expressly understands and agrees that a duty is hereby created under the Contract that requires Consultant to provide ongoing disclosure throughout the term of the as provided for herein relative to the criminal background screening required by this Section. The criminal background check shall consist of a Florida department of Law Enforcement ("FDLE") Florida crime information center/national crime information center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work at any city facility. The successful Proposer shall be required to coordinate the criminal background checks through the City by contacting Human Resources at 305-792-1708. The cost of the fingerprints is $67.75 per person. 2.14 FEDERAL, STATE AND LOCAL REGULATIONS The successful Consultant shall comply with all federal, state and local ordinances, regulations, and rules as well as any other laws that would apply to the proposed project. Such Consultant costs associated with regulatory requirements shall be included in the project cost whether depicted specifically or not within the body of the proposal. 2.15 PROPRIETARY RIGHTS The Consultant hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Consultant hereunder or furnished by the Consultant to the City and/or created by the Consultant for delivery to the City, even if unfinished or in process, as a result of the Services the Consultant performs in connection with the Contract, including all copyright and other proprietary rights therein, which the Consultant as well as its employees, agents, sub-consultants and suppliers may use only in connection with the performance of Services under the Contract. The Consultant shall not, without the prior written consent of the City, use such documentation on any other project in which the Consultant or its employees, agents, sub-consultants or suppliers are or may