06-13-11 Regular Meeting of Fiscal Affairs Committee

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General Terms & Conditions Continued Page 2 of 4 3. METHOD OF AWARD Evaluation will be based on the criteria stated in the RFP. The best proposal submitted by a responsible offeror will be negotiated with the City of La Porte. If proposal amounts exceed the available funds to finance the contract, the Owner may reject all proposals or may award the contract on a negotiated proposal with deductible alternates applied to the schedule of professional fees (see Appendix A). The City of La Porte reserves the right to waive any informalities or technical errors that in its judgment will best serve the interests of the City. 4. FUNDING OUT CLAUSE The City of La Porte warrants that funds are available to pay for this contract until the end of its current fiscal year and warrants funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, then the City of La Porte may terminate this agreement with thirty (30) days written notice. 5. QUALIFICATIONS OF OFFEROR At the time of the opening of proposals, each offeror will be presumed to be thoroughly familiar with all requirements, timeline, evaluation procedures and other specifications set forth in this proposal. The failure or omission of any offeror to examine any form, instrument, or document shall in no way relieve any offeror from any obligation in respect of his proposal. The Owner may make such investigations as he deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted. 6. LAWS AND REGULATIONS The offeror's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the audit shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.