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<br />City of Sunny Isles Beach | Invitation to Bid No. 15-05-01 18 <br /> <br /> <br />4.3 Price Evaluation <br />The price proposal will be evaluated in combination with the technical proposal, including an <br />evaluation of how well it matches Bidder’s understanding of the City’s needs described in this <br />solicitation, the Bidder’s assumptions, and the value of the proposed services. The pricing <br />evaluation is used as part of the evaluation process. The City reserves the right to negotiate the <br />final terms, conditions and pricing of the contract as may be in the best interest of the City. Price <br />is only one factor and the contract will be awarded in conformity with Section 62-8 of the City <br />Code. <br /> <br />4.4 Negotiations <br />The City may award a contract on the basis of initial offers received, without discussions. Therefore, <br />each initial offer should contain the Bidder’s best terms from a monetary and technical standpoint. <br /> <br />Notwithstanding the foregoing, if the City and said Bidder(s) cannot reach agreement on a contract, <br />the City reserves the right to terminate negotiations and may, at the Cit y Manager’s or designee’s <br />discretion, begin negotiations with the next lowest responsible and responsive Bidder. This process <br />may continue until a contact acceptable to the City has been executed or all proposals are rejected. <br />No Bidder shall have any rights against the City arising from such negotiations or termination <br />thereof. <br /> <br />Any Bidder recommended for negotiations may be required to provide to the City: <br /> <br />a) Its most recent certified business financial statements as of a date not earlier than the end <br />of the Bidder’s preceding official tax accounting period, together with a statement in <br />writing, signed by a duly authorized representative, stating that the prese nt financial <br />condition is materially the same as that shown on the balance sheet and income statement <br />submitted, or with an explanation for material change in the financial condition. A copy of <br />the most recent business income tax return will be accepted if certified financial statements <br />are unavailable. <br /> <br />b) Information concerning any prior or pending litigation, either civil or criminal, involving a <br />governmental agency or which may affect the performance of services to be rendered <br />herein, in which the Bidder, any of its employees or subcontractors is or has been involved <br />within the last three years. <br /> <br /> <br />END OF SECTON <br /> <br />