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reasonable opportunity to respond, or there is not adequate time for re- solicitation. <br />The City Manager shall document the reasons that such action is in the best <br />interest of the City. Otherwise, the qualification may be rejected and: <br />1. New respondent may be solicited; <br />2. The sole respondent may be rejected. <br />3. If the City Manager determines in writing that the need for the supply or <br />service continues, but that the price negotiated of the one respondent is <br />unreasonable and there is not time for re- solicitation or re- solicitation would <br />likely be futile, the procurement may then be conducted under Section 6(D) or <br />Section 6(F), of Ordinance 2001 -101, as appropriate. <br />10.4 Modifications. A respondent may submit a modified response to replace all or <br />any portion of a previously submitted response up until the RFQ due date and <br />time. Modifications received after the RFQ due date and time will not be <br />considered. <br />10.5. Protest. Protest will be in accordance with Procurement Ordinance No 97 -10 as <br />amended by Ordinance 2001 -101, <br />10.6. Assignment. Except for Paragraph 3.3 hereinabove, the successful respondent <br />shall not enter into any sub - contract, retain consultants, or assign, transfer, <br />convey, sublet, or otherwise dispose of this contract, or of any or all of its right, <br />title, or interest therein, or its power to execute such contract to any person, firm, <br />or corporation without prior written consent of the City. Any unauthorized <br />assignment shall constitute a default by the successful respondent. <br />10.7. Default. Failure or refusal of a respondent to negotiates a contract upon <br />qualifying by the City Commission, or untimely withdrawal of response before <br />such qualifying is made and approved, may result claim for damages by the City <br />and may be grounds for removing the respondent from the City's qualifier list. <br />11. Taxes. The respondent is responsible for paying any and all taxes associated with the <br />agreement. <br />12. Termination of Agreement. If the respondent fails to perform the conditions of the <br />agreement as specified and as interpreted by the Manager, the Manager shall provide <br />written notice of such violation. <br />12.1 The City reserves the right to terminate the agreement, without cause, with a 30- <br />day calendar written notice unless otherwise provided in the contract. <br />12.2 Termination and cancellation of any agreement will not relieve the respondent for <br />work, which was to be completed prior to the termination or cancellation of the <br />agreement. <br />Page 6 of 10 <br />RFQ For Construction Management Services 13118101 11:00 AM <br />