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<br />City of Sunny Isles Beach |Request for Proposal No. 17-02-01 21 <br /> <br />4.4 SAMPLING <br /> <br />At no cost and commitment to the City, the proposer may be required to conduct a taste <br />sampling for an estimated 10 guests. The sampling shall include samples of every item <br />listed on the proposed menu. The Proposer will be notified of the date in which they will <br />be required to conduct the sampling. <br /> <br />4.5 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 and <br />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 lowest responsible <br />and responsive proposer. This process may continue until a contract acceptable to the City <br />has been executed or all proposals are rejected. No Proposer shall have any rights against <br />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 <br />end of the Proposer’s preceding official tax accounting period, together with a <br />statement in writing, signed by a duly authorized representative, stating that the <br />present financial condition is materially the same as that shown on the balance sheet <br />and income statement submitted, or with an explanation for material change in the <br />financial condition. A copy of the most recent business income tax return will be <br />accepted if certified financial statements are unavailable. <br />b) Information concerning any prior or pending litigation, either civil or criminal, involving <br />a governmental agency or which may affect the performance of services to be <br />rendered herein, in which the Proposer, any of its employees or subcontractors is or <br />has been involved within the last three years. <br /> <br /> <br />END OF SECTION <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />