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<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 his designee's discretion, begin negotiations with the next lowest <br />responsible and responsive proposer. This process may continue until a contact <br />acceptable to the City has been executed or all proposals are rejected. No Proposer shall <br />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 <br />the 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, <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 />END OF SECTON <br /> <br />City of Sunny Isles Beach I Request for Proposal No. 12-01-03 <br /> <br />