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<br />PAGE 22 OF 29 <br />BID No. 11-01-01 <br /> <br />Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a <br />contract, the City reserves the right to terminate negotiations and may, at the City Manager's or <br />designee's discretion, begin negotiations with the next lowest responsible and responsive <br />proposer. This process may continue until a contact acceptable to the City has been executed or all <br />proposals are rejected. No Proposer shall have any rights against the City arising from such <br />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 <br />the Proposer's preceding official tax accounting period, together with a statement in writing, <br />signed by a duly authorized representative, stating that the present financial condition is <br />materially the same as that shown on the balance sheet and income statement submitted, or <br />with an explanation for material change in the financial condition. A copy of the most recent <br />business income tax return 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, <br />in which the Proposer, any of its employees or subcontractors is or has been involved within <br />the last three years. <br /> <br />END OF SECTON <br />