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Pre-contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in <br />response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter <br />related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the <br />contract. Offeror shall not include any such expenses as part of the price as proposed in response to this <br />RFP. <br />ACCEPTANCE OF CONTRACT <br />The contents of the proposal of the successful consultants shall become a contractual obligation if a <br />contract ensues. Failure of a consultant to accept this obligation shall result in the cancellation of any <br />award. Any damage accruing to the City as a result of a failure to contract may be recovered from the <br />consultant. <br />PRIME CONSULTANT RESPONSIBILITIES <br />The selected consultants shall be required to assume responsibility for all services offered in their <br />proposals. The selected consultants shall be the sole point of contact with regard to contractual matters, <br />including payment of any and all charges resulting from the contracts. <br />DISCLOSURE <br />Any information, other than cost and price, which a consultant does not wish to have disclosed, other than <br />for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" -this data <br />shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to <br />evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in <br />connection with the submission of such information, the City shall have the right to duplicate, use or <br />disclose this information to the extent provided in this contract. This restriction shall not limit the City the <br />right to use information contained herein if it is obtained from another source. <br />DELAYS <br />The City reserves the right to delay scheduled dates if it is to the advantage of the City. <br />RULES FOR PROPOSALS <br />The signer of the proposals must declare in writing that the only person, persons, company or parties <br />interested in the proposal as principals, are named therein; that the proposal is made without collusion with <br />any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in <br />good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the <br />principal proposer. <br />METHOD OF PAYMENT <br />The consultant shall submit a monthly invoice to the City for the service rendered in that month. The <br />invoice shall include a detailed breakdown of the services, project title and limits, the tasks, the hours, and <br />the unit costs or the hourly rates or percentage completed. Monthly payments will be made for work <br />completed during the preceding month, except that no more than 85 percent of the total contract price shall <br />be paid until the work is considered by the City to be 100 percent complete. <br />REGULATIONS <br />25B-43 <br />