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C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by PROPOSERS in the preparation of its proposal. E. PROPOSAL INFORMATION It is understood and agreed upon by the PROPOSER in submitting a Proposal that the CITY has the right to withhold all information regarding this procurement until after Agreement award, including but not limited to: the number received; competitive technical information; competitive price information; and the CITY evaluation concerns about competing Proposals. Information releasable after award is subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250. F. EVIDENCE OF FINANCIAL CAPACITY Proposer may be requested to submit its most recent audited financial statement, evidencing PROPOSER's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of credit as evidence of supplemental capacity. G. CITY RIGHT TO REJECT The CITY reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The CITY reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The CITY reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful PROPOSER and the CITY shall assume no liability of such subcontractors. H. EXECUTION OF AGREEMENT The CITY and the selected PROPOSER will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the CITY reserves the right to select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate. City of Santa Ana RFP 18-103 258-9