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3 <br /> • make a partial award to any or all Proposers; <br /> • make a multiple award to any or all of Proposers; <br /> • terminate this RFP,and reissue an amended RFP. <br /> 14.PROPOSAL MUST REMAIN FIRM IRREVOCABLE OFFER TO CITY FOR 90 DAYS <br /> • By submitting a proposal to the City,Proposer agrees that Proposer's Proposal shall constitute <br /> a firm irrevocable offer to the City that Proposer shall not withdraw or modify without the <br /> City's approval for ninety(90)days after the proposal due date.Proposer agrees that even if the <br /> City negotiates or makes a counter offer to Proposer on Proposer's original Proposal or any <br /> subsequent Proposal submitted by Proposer to the City,Proposer hereby grants to the City,in <br /> the City's sole discretion,the unconditional right for the City to accept Proposer's original <br /> Proposal and the City's negotiation or counter offer shall not be deemed to be a counter offer. <br /> • After ninety(90)days,the City can accept any proposal or subsequent proposals from any <br /> Proposer with the consent of the Proposer at any time and regardless of the length of time that <br /> has passed from the proposal due date. <br /> 15.SELECTION <br /> The City will select the proposal that in the City's sole judgment the City determines to be the best <br /> Proposal.Section 432.070,RSMo requires the City to have a written executed contract signed by both <br /> parties prior to anyone performing services or providing any goods,supplies,materials or equipment to <br /> the City. <br /> The written executed contract must also comply with the City Charter and City Ordinances. <br /> This means that a proposer does not have a contract with the City until a written contract is executed. A <br /> contract is executed when all of the following have occurred: (1)the City Council authorizes the <br /> execution of a contract with the Proposer(if City Council approval is requested by City staff or is <br /> required by City Ordinance);(2)persons with actual authority to bind both the City and the Proposer <br /> execute the contract; (3)the contract is approved by the Law Depai talent;(4)the City issues a purchase <br /> order to the Contractor with the Director of Finance's certification of availability of funds for the contract; <br /> and(5)any other required step. <br /> A Proposer does not have a contract with the City until all the steps are completed. <br /> If the City does not complete all required steps,there is no contract between the City and the Proposer and <br /> the City has absolutely no contractual or financial obligation to any Proposer regardless of the amount of <br /> time,effort and money spent by the Proposer responding to the RFP and attempting to negotiate and <br /> obtain a contract with the City. <br /> 16.REJECTION OF PROPOSALS <br /> The City reserves the unconditional right to reject any or all proposals received in response to this RFP at <br /> 17 <br />