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<br />4.4 Nel!:otiations <br /> <br />PAGE 41 OF 105 <br />PROPOSAL No. <br /> <br />The City may award a contract on the basis of initial offers received, without discussions. Therefore, <br />each initial offer should contain the Proposer's best terms from a monetary and technical standpoint. <br /> <br />Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, <br />the City reserves the right to terminate negotiations and may, at the City Manager's or designee's <br />discretion, begin negotiations with the next lowest responsible and responsive proposer. This process <br />may continue until a contact acceptable to the City has been executed or all proposals are rejected. No <br />Proposer shall have any rights against the City arising from such negotiations or termination thereof. <br /> <br />Any Proposer 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 of the <br />Proposer's preceding official tax accounting period, together with a statement in writing, signed by <br />a duly authorized representative, stating that the present financial condition is materially the same <br />as that shown on the balance sheet and income statement submitted, or with an explanation for <br />material change in the financial condition. A copy of the most recent business income tax return <br />will be accepted if certified financial statements are unavailable. <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 herein, in <br />which the Proposer, any of its employees or subcontractors is or has been involved within the last <br />three years. <br /> <br />END OF SEeTON <br />