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Note: The CiVs existing solid waste contractor is in the process of performing a residential and commercial curbside cart audit. If an update to the container count becomes available prior to proposal submittal, an addendum to the RFP with updated container data will be provided. SUBMISSION OF PROPOSALS The draft franchise agreement containing the terms and conditions under which service will be provided (see Attachment 6) is an integral part of this RFP. This franchise agreement includes information related to service standards, rate setting, billing, reporting, and other activities related to the performance of these services. Submission of a proposal shall constitute acknowledgment and acceptance of all the terms and conditions contained in this RFP, and in the draft franchise agreement, unless exceptions to particular terms and conditions are expressed in writing in the proposal. The successful proposer will be expected to enter into a franchise agreement with the City, only those exceptions noted in its proposal will be considered for modification. The City is not obligated to agree to these exceptions, but reserves the right to negotiate modification of such noted exceptions to the draft franchise agreement. Each and every term and condition of the proposal shall be irrevocable until the City enters into a franchise agreement to perform the scope of services for the proposed rates according to those terms and conditions. Within fifteen (15) business days of the selection of a proposal by the City Council, the selected proposer is bound to execute the franchise agreement, and furnish the required performance bond and letter of credit. The form of the financial instruments is described in Sections 9.5 and 9.6 of the draft franchise agreement. Within thirty (30) days following execution of the franchise agreement, and in any event prior to the performance of any services thereunder, the proposer is bound to provide evidence of all required insurance (see Section 9.4 of the draft franchise agreement). The terms of this RFP and the proposals are firm for a period of three hundred and sixty-five (365) days. Once submitted, responses to this RFP cannot be altered without the City's express written consent. The City reserves the right to reject any or all proposals, and may elect to make a decision without further discussion or negotiation. This RFP is not to be construed as a contract of any kind. The City is not liable for any costs incurred by any potential proposer in the preparation of a response to this RFP. The City may withdraw or modify this request at any time. Proposers must submit four (4) bound copies, one (1) original with a "wet signature marked "Original," one (1) unbound photocopy -ready copy, and an electronic copy on a flash (thumb) drive of the complete proposal. Electronic copy must be in searchable PDF format as a single document. Proposals shall be mailed, hand delivered, or sent via courier service. Cost proposals shall be in separate sealed envelope. Proposals shall be enclosed in a sealed envelope and marked clearly with the following information, formatted as follows: Draft, February 11, 2020 5 City of Santa Ana 60B-15