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9. Process. Bidder, upon award of the contract, shall be responsible for management and <br />organization of all public hearings and meetings with City officials, citizens' and business <br />groups or other organizations as applicable. Any and all meetings and all costs associated with <br />responding to this process will be at bidder's expense with no additional cost to the City. <br />9.1 Non - award. The City reserves the right in its sole and absolute discretion to reject any and <br />all bidders, to cancel and /or withdraw this RFQ at any time. <br />9.2 Responsible, Responsive Bidder. The City reserves the right to award any contract to any <br />bidder which it deems to offer the best overall service and be the most responsible <br />responsive bidder, thereby the City is not bound to award any contract based solely on the <br />lowest quoted price and no contract is created until it is signed with the approval of the City <br />Commission. The City, in its sole and absolute discretion, also reserves the right to <br />negotiate separately with competing firms as it deems to be in the best interest of the City <br />and as permitted by law. <br />9.3 Negotiation. In the event the lowest, most responsive and responsible bidder for a project <br />exceeds available funds and the City Commission does not make available additional funds, <br />the City Manager is authorized, when time or economic considerations preclude re- <br />solicitation of bidders, to negotiate an adjustment of the qualifying price as long as the <br />scope of work is not changed with the lowest, most responsive and responsible bidder, in <br />order to bring the qualification within the amount of available funds. Final negotiation <br />shall be in written form, as approved by the City Manager and the City Attorney. <br />9.4 One Response. If only one responsive bidder for commodity or contractual service is <br />received, in response to the Request for Qualifications, an award may be made to the single <br />Bidder, if the City Manager finds the price submitted is fair and reasonable, and that other <br />prospective bidder had reasonable opportunity to respond, or there is not adequate time for <br />re- solicitation. Further, the City Manager reserves the right, if it is in the best interests of <br />the City, to negotiate with the sole Bidder for the best terms, conditions and price. The City <br />Manager 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 bidders may be solicited; <br />(2) The sole bidder may be rejected. <br />(3) If the City Manager determines in writing that the need for the supply or service <br />continues, but that the price of the one bidder is unreasonable and there is not time <br />for re- solicitation or re- solicitation would likely be futile, the procurement may then <br />be conducted under Section 6(D) or Section 6(F), of Ordinance 2001 -101, as <br />appropriate. <br />10. Taxes. The Bidder is responsible for paying any and all taxes associated with the agreement. <br />11. Termination of Agreement. If the bidder fails to perform the conditions of the agreement as <br />specified and as interpreted by the Manager, the Manager shall provide written notice of such <br />violation. <br />Page 6 of 10 <br />Municipal Contract Services Rfq <br />