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Note: The CiVs existing solid waste contractor is in the process of performing a residential <br />and commercial curbside cart audit. If an update to the container count becomes available <br />prior to proposal submittal, an addendum to the RFP with updated container data will be <br />provided. <br />SUBMISSION OF PROPOSALS <br />The draft franchise agreement containing the terms and conditions under which service will <br />be provided (see Attachment 6) is an integral part of this RFP. This franchise agreement <br />includes information related to service standards, rate setting, billing, reporting, and other <br />activities related to the performance of these services. <br />Submission of a proposal shall constitute acknowledgment and acceptance of all the terms <br />and conditions contained in this RFP, and in the draft franchise agreement, unless exceptions <br />to particular terms and conditions are expressed in writing in the proposal. The successful <br />proposer will be expected to enter into a franchise agreement with the City, only those <br />exceptions noted in its proposal will be considered for modification. The City is not obligated <br />to agree to these exceptions, but reserves the right to negotiate modification of such noted <br />exceptions to the draft franchise agreement. <br />Each and every term and condition of the proposal shall be irrevocable until the City enters <br />into a franchise agreement to perform the scope of services for the proposed rates according <br />to those terms and conditions. Within fifteen (15) business days of the selection of a proposal <br />by the City Council, the selected proposer is bound to execute the franchise agreement, and <br />furnish the required performance bond and letter of credit. The form of the financial <br />instruments is described in Sections 9.5 and 9.6 of the draft franchise agreement. Within <br />thirty (30) days following execution of the franchise agreement, and in any event prior to the <br />performance of any services thereunder, the proposer is bound to provide evidence of all <br />required insurance (see Section 9.4 of the draft franchise agreement). The terms of this RFP <br />and the proposals are firm for a period of three hundred and sixty-five (365) days. Once <br />submitted, responses to this RFP cannot be altered without the City's express written consent. <br />The City reserves the right to reject any or all proposals, and may elect to make a decision <br />without further discussion or negotiation. This RFP is not to be construed as a contract of any <br />kind. The City is not liable for any costs incurred by any potential proposer in the <br />preparation of a response to this RFP. The City may withdraw or modify this request at any <br />time. <br />Proposers must submit four (4) bound copies, one (1) original with a "wet signature marked <br />"Original," one (1) unbound photocopy -ready copy, and an electronic copy on a flash <br />(thumb) drive of the complete proposal. Electronic copy must be in searchable PDF format as <br />a single document. Proposals shall be mailed, hand delivered, or sent via courier service. Cost <br />proposals shall be in separate sealed envelope. Proposals shall be enclosed in a sealed <br />envelope and marked clearly with the following information, formatted as follows: <br />Draft, March 9, 2020 5 City of Santa Ana <br />60A-15 <br />