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the right to request the Firm to provide additional information during this process. <br /> 4.4 PRICE EVALUATION <br /> The price proposal will be evaluated subjectively in combination with the methodology, <br /> experience and qualifications of key staff, including an evaluation of how well it matches <br /> the Proposer's understanding of the City's needs described in this solicitation, the <br /> proposer's assumptions, and the value of the proposed services. The pricing evaluation is <br /> used as part of the evaluation process. The City reserves the right to negotiate the final <br /> terms, conditions and pricing of the contract as may be in the best interest of the City. <br /> 4.5 NEGOTIATIONS <br /> The City may award a contract on the basis of initial offers received, without discussions. <br /> Therefore, each initial offer should contain the Proposer's best terms from a monetary <br /> and technical standpoint. <br /> Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement <br /> un a contract, the City reserves the right to terminate negotiations and may, at the City <br /> Manager's or designee's discretion, begin negotiations with the next lowest responsible <br /> and responsive proposer. This process may continue until a contract acceptable to the <br /> City has been executed or all proposals are rejected. No.Proposer shall have any rights <br /> against the City arising from such negotiations or termination thereof. <br /> Any Proposer recommended for negotiations may be required to provide to the City: <br /> a) Its most recent certified business financial statements as of a date not earlier than <br /> the end of the Proposer's preceding official tax accounting period, together with a <br /> statement in writing, signed by a duly authorized representative, stating that the <br /> present financial condition is materially the same as that shown on the balance sheet <br /> and income statement submitted, or with an explanation for material change in the <br /> financial condition. A copy of the most recent business income tax return will be <br /> accepted if certified financial statements are unavailable. <br /> b) Information concerning any prior or pending litigation, either civil or criminal, <br /> involving a governmental agency or which may affect the performance of services to <br /> be rendered herein, in which the Proposer, any of its employees or subcontractors is <br /> or has been involved within the last three years. <br /> All financial information provided for negotiations will remain confidential. <br /> END OF SECTION <br /> REQUEST FOR PROPOSAL No. 19-07-02 7 0 <br />