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• Demonstration of Experience and ability to use <br />respondee in the future 10 points <br />7. Peformance. The respondee, upon award of any contract shall ensure that all items <br />supplied and/or work performed, comply with federal, state and local laws rules and <br />regulations as well as the terms of the contract. <br />8. Process. Respondee, upon award of the contract shall be responsible for management <br />and organization of all public hearings and meetings with City officials, citizens' and <br />business groups or other organizations as applicable. Any and all meetings and all costs <br />associated with responding to this process will be at respondee's expense with no <br />additional cost to the City. <br />9.1 Non - award. The City reserves the right in its sole and absolute discretion to reject <br />any and all qualifiers, to cancel and/or withdraw this RFQ at any time. <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 />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 />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 />1. New qualifiers may be solicited; <br />2. The sole qualifier maybe rejected. <br />Page 4 of 17 <br />Dental, Life, LTD, Vision RFP.Doc <br />