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the invitation for bids. (C) In the event the lowest,most responsive and responsible bid for a project exceeds available funds,and the City Commission does not make available additional funds,the City Manager is authorized, when time or economic considerations preclude re-solicitation of bids,to negotiate an adjustment of the bid price as long as the scope of work is not changed with the lowest,most responsive and responsible bidder, in order to bring the bid within the amount of available funds. Final negotiation shall be in written form as approved by the City Manager. (I)) The City retains the right to reject all bids should negotiations fail. This negotiation may not be used to ascertain the lowest responsive and responsible Ithd. (E) Until a formal contract is executed, the City reserves the right to reject all bids. Section 4.4 Responsibility of Bidders or Offerors. If a bidder or offeror who otherwise would have been awarded a contract is found non-responsible,a written determination of non-responsibility,setting forth the basis of the finding shall be prepared by the City Manager or the Purchasing Agent. Grounds for determination of non 2responsibility may include, but are not limited to, the unreasonable failure of a bidder or offeror id promptly supply information in connection with an inQuiry with respect to non-responsibility) A copy of the determination shall be sent promptly to the non-responsible bidder or offeror. The final determination shall be made part of the contract file and be a public record. ' Section 4.5 One Response. If only one responsive bid or proposal for commodity or contractual service is received,in response to an Invitation for Bid/Proposal, an award may be made to the single Bidder/Proposer, if the City Manager finds the price submitted is fair and reasonable, and that other prospective bidders had reasonable opportunity to respond, or there is not adequate time for resolicitation J Further,the City Manager reserves the right, if it is in the best interests of the City, to negotiate with the sole Bidder/Proposer for the best terms, conditions and price. The City Manager shall document the reasons that such action is in the best interest of the City. Otherwise, the bid/proposal may be rejected and: 1. new bids or offers may be solicited; 2. the sole bid/proposal may be rejected. 3. If the City Manager determines in writing that the need for the supply or service continues, but that the price of the one bid/proposal is unreasonable and there is not time for re-solicitation or re-solicitation would likely be futile,the procurement may then be conducted under Section 6(D)'or Section 6(F), as appropriate. 6 Amendment to Ordinance No.97-10 Purchasing Procedures Ord. 4/3/01—2:44 PM LMD:ch