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Act provides that public records shall be disclosed upon written request, and that any citizen has a right to Inspect any public record, unless the document Is exempted from the disclosure requirements, The City cannot assure that any Information submitted In response to the RFP will be confidential. If the City receives a request for any document submitted In response to this RFP, It will not assert any privileges that may exist on behalf of the person or business submitting the proposal. It is the responsibility of the person or business entity submitting the proposal to assert any applicable privileges or reasons why the document should not be produced. News Releases / Publications News releases or publications by any selected Professional Consultant/Vendor or any permitted subcontractors and all other related Information (I.e„ recommendations, etc.) pertaining to this engagement shall not be made available to anyone without prior approval by the City. R4VALto Refect Offerings The City of Santa Ana reserves the right to reject any and all offerings or any part of any offering, to waive minor defects or technicalities, or to solicit new offerings on the same project or on a modified project, which may Include portions of the originally proposed project, as the City may deem necessary in its Interest. The City reserves the right to reject any or all proposals submitted and no assurance Is made hereby that any Agreement will be awarded pursuant to this RFP. The City reserves the right to waive minor Inconsistencies in submitted proposals. Protests Proposers may file a "protest" to a Request for Proposal (RFP) with the City's Purchasing Department. In order for a protest to be considered valid It must: 1. Be filed in writing within five (5) business days of either the RFP Issued date or before 5:00 P.M. of the 5th business day following the posting of RFP Results/Notice of Intent to Award Agreement on the City's webslte; 2. Clearly Identify the speclflc irregularity or accusation; 3. Clearly Identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include, all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as Invalid. If the protest is valid, the City's Purchasing Supervisor, or. other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Supervisor or designee will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision of the Purchasing Supervisor, or designee, Is final and no further appeals will be considered. . Negotiations Negotiations for a binding estimate of cost structure will begin with the recommended top -ranked firm(s). If an Agreement acceptable to the City cannot be negotiated at a price considered fair and reasonable, negotiations shall be terminated with the top -ranked firm(s) and negotiation will then proceed with the next highest ranked firm(s) until an Agreement Is reached or withdraw the RFP. The evaluation team will conduct all subsequent negotiations and will make a recommendation to the City. City of Santa Ana — Revenue Auditing Recovery, RoporlIng, Analysis, and Legislauvefstate Agoncy Lialson and Implementation Monitoring services Request for Proposals No. 20-137 October 26, 2020 Page 14