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most responsible responsive bidder thereby the City is not bound to award any contract based solely on the lowest quoted price and no contract is created until it is signed with the approval of the City Commission. The City, in its sole and absolute discretion, also reserves the right to negotiate separately with competing firms as it deems to be in the best interest of the City and as permitted by law. 9.3 Negotiation. In the event the, most responsive and responsible Bidder 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 qualifiers, to negotiate an adjustment of the qualifying price as long as the scope of work is not changed with the lowest, most responsive and responsible Bidder, in order to bring the qualification within the amount of available funds. Final negotiation shall be in written form, as approved by the City Manager and the City Attorney. 9.4 One Response. If only one responsive Bidder for commodity or contractual service is received, in response to an Invitation for Qualifier, an award may be made to the single Bidder, 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 re- solicitation. Further, the City Manager reserves the right, if it is in the best interests of the City, to negotiate with the sole Bidder 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 qualification may be rejected and: (1) New Bidders may be solicited; (2) The sole Bidder 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 qualifier 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), of Ordinance 2001 -101, as appropriate. 10. Taxes. The Bidder is responsible for paying any and all taxes associated with the agreement. 11. Termination of Agreement. If the Bidder fails to perform the conditions of the agreement as specified and as interpreted by the Manager, the Manager shall provide written notice of such violation. 11.1 The City reserves the right to terminate the agreement, without cause, with a 30- day calendar written notice unless otherwise provided in the contract. 11.2 Termination and cancellation of any agreement will not relieve the Bidder for work rest, which was to be completed prior to the termination or cancellation of the agreement. Page 5 of 9 RFP -Sidewalk And Street Projects PART I Requests For Proposal