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<br />9.2 Responsible. Responsive Bidder. The City reserves the right to award any <br />contract to any respondee which it deems to offer the best overall service and be <br />the most responsible responsive bidder thereby the City is not bound to award any <br />contract based solely on the lowest quoted price and no contract is created until it <br />is signed with the approval of the City Commission. The City, in its sole and <br />absolute discretion, also reserves the right to negotiate separately with competing <br />firms as it deems to be in the best interest of the City and as permitted by law. <br /> <br />9.3 Negotiation. In the event the lowest, most responsive and responsible qualifier <br />for a project exceeds available funds, and the City Commission does not make <br />available additional funds, the City Manager is authorized, when time or <br />economic considerations preclude re-solicitation of qualifiers, to negotiate an <br />adjustment of the qualifying price as long as the scope of work is not changed <br />with the lowest, most responsive and responsible qualifier, in order to bring the <br />qualification within the amount of available funds. Final negotiation shall be in <br />written form, as approved by the City Manager and the City Attorney. <br /> <br />9.4 One Response. If only one responsive qualifier for commodity or contractual <br />service is received, in response to an Invitation for Qualifier, an award may be <br />made to the single Qualifier, if the City Manager finds the price submitted is fair <br />and reasonable, and that other prospective qualifier had reasonable opportunity to <br />respond, or there is not adequate time for re-solicitation. Further, the City <br />Manager reserves the right, if it is in the best interests of the City, to negotiate <br />with the sole Qualifier for the best terms, conditions and price. The City Manager <br />shall document the reasons that such action is in the best interest of the City. <br />Otherwise, the qualification may be rejected and: <br /> <br />1. New qualifiers may be solicited; <br /> <br />2. The sole qualifier may be rejected. <br /> <br />3. If the City Manager determines in writing that the need for the supply or <br />service continues, but that the price of the one qualifier is unreasonable <br />and there is not time for re-solicitation or re-solicitation would likely be <br />futile, the procurement may then be conducted under Section 6(D) or <br />Section 6(F), of Ordinance 2001-101, as appropriate. <br /> <br />10. Taxes. The Respondee is responsible for paying any and all taxes associated with the <br />agreement. <br /> <br />11. Termination of Ae:reement. If the respondee fails to perform the conditions of the <br />agreement as specified and as interpreted by the Manager, the Manager shall provide <br />written notice of such violation. <br /> <br />11.2 The City reserves the right to terminate the agreement, without cause, with a 30- <br />day calendar written notice unless otherwise provided in the contract. <br /> <br />Page 5 of9 <br /> <br />Rfq - Landscape Architectural Firm <br />