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<br />City of Sunny Isles Beach |Request for Proposal No. 22-09-01 33 <br /> <br />4.3 NEGOTIATIONS <br /> <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 /> <br />Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement <br />on 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 highest ranked <br />proposer. This process may continue until a contract acceptable to the City has been <br />executed or all proposals are rejected. No Proposer shall have any rights against the City <br />arising from such negotiations or termination thereof. <br /> <br />Any Proposer recommended for negotiations may be required to provide updated <br />documents to the City as requested below: <br /> <br />a) Its most recent financial statements as of a date not earlier than the end of the <br />Proposer’s preceding official tax accounting period, together with a statement in <br />writing, signed by a duly authorized representative, stating that the present financial <br />condition is materially the same as that shown on the balance sheet and income <br />statement submitted, or with an explanation for material change in the financial <br />condition. A copy of the most recent business income tax return will be accepted if <br />appropriate financial statements are unavailable. <br /> <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 /> <br />4.4 ORAL PRESENTATIONS <br /> <br />During the evaluation process, the committee may, at its discretion, request any one or <br />all Firms to make oral presentations. Such presentations will provide Firms with an <br />opportunity to answer any questions the committee may have on a Firm's proposal. Not <br />all firms may be asked to make such oral presentations. The committee reserves the right <br />to schedule a site visit to the proposed firm’s restaurant facility, if feasible. If food is <br />consumed during the visit, each evaluation member will pay out of pocket for their meal. <br /> <br />END OF SECTION <br />