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p <br />��t CITY OF SANTA ANA <br />If a proposal fails to satisfy any requirements outlined in this RFP, it may be considered <br />non -responsive and the proposal may be rejected. <br />The City shall not be obligated to accept the lowest priced proposal, but will make an <br />award in the best interests of the City of Santa Ana after all factors have been evaluated. <br />Planning and Building Agency staff will recommend the top ranked consulting firm to the <br />City Manager or City Council for award of contract. <br />Vill. WITHDRAWALS <br />Proposers are responsible for verifying all prices and information before submitting a proposal. <br />Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the <br />proposal by providing written notice of the proposal withdrawal to the City Contact/Project <br />Manager. Verbal or telephonic withdrawals are not permissible. <br />IX. PROTESTS <br />Proposers may file a "protest" to an RFP with the City's Purchasing Department. In order for a <br />Bidder's protest to be considered valid, the protest must: <br />1. Be filed in writing within five (5) business days of either the RFP issued date or <br />before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice <br />of Intent to Award Contract on the City's website; <br />2. Clearly identify the specific irregularity or accusation; <br />3. Clearly identify the specific City staff determination or recommendation being <br />protested; <br />4. Specify, in detail, the grounds of the protest and the facts supporting the protest; <br />and <br />5. Include all relevant, supporting documentation with the protest at time of filing. <br />If the protest does not comply with each of these requirements, it will be rejected as invalid. If <br />the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall <br />review the basis of the protest and all relevant information. The Purchasing Manager will provide <br />a written decision to the protestor within ten (10) business days from receipt of protest. The <br />decision from the Purchasing Manager, or her/her designee, is final and no further appeals will <br />be considered. <br />X. GENERAL TERMS AND CONDITIONS <br />By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and <br />accepts the Terms and Conditions of this RFP as described below: <br />A. AMERICANS WITH DISABILITIES ACT <br />The awarded Contractor hereby certifies that it will comply, as applicable, with the <br />Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its <br />implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not <br />discriminate against persons with disabilities nor against persons due to their <br />relationship to or association with a person with a disability. Any contract entered into <br />RFP No. 20-135 General Plan 19( ET2ent Update Page 11 of 29 <br />