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"hfor sot, tYy . Notwithstanding the foregoing, if the City and said Contractor cannot reach agreement on a' contract, the City reserves the right to terminate negotiations and may, at the City Manager's or designee's discretion, begin negotiations with the next lowest responsible and responsive Contractor. This process may continue until a contract acceptable to the City has been executed or all proposals are rejected. No Contractor shall have any rights against the City arising from such negotiations or termination thereof. Any Contractor recommended for negotiations must provide to the City: a) Its most recent financial statements as of a date not earlier than the end of the Contractor's preceding official tax accounting period. A copy of the most recent business income tax return will be accepted if financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Contractor, any of its employees or subcontractors is or has been involved within the last three years. 5.4 DISCUSSIONS & PRESENTATIONS The short-listed contractor's may be requested to make presentations to the City. The City may require additional information after evaluation of the submittals that does not affect the overall competition of the procurement, the contractor shall agree to furnish such information upon the- City's request. Hence, proposals should be initially submitted on the most complete and favorable terms which contractors are capable of offering to the City. Contractors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. END OF SECTION City of Sunny Isles Beach I RFP Design -Build Newport Fishing Pier Pavilion Shade Structure 19-11-02