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The City reserves the right to cancel in part or in whole or amend this RFP, to extend the date responses are due, <br />and/or to re -solicit this Request for Proposals. <br />Additional conditions: <br />• Late Proposals are not acceptable and will not be reviewed. <br />• The City reserves the right to request, receive, and evaluate supplemental information and clarifications <br />during its evaluation of Proposals and the City will conduct this process in a fair and impartial manner. <br />• Incomplete Proposals or inaccurate information may be cause for disqualification. <br />• All materials submitted to the City will become the property of the City and will not be returned. <br />X. COST OF RESPONSE PREPARATION <br />Issuance of this RFP does not commit the City to award an agreement or to pay any costs incurred in preparation <br />of a Proposal or any response to this RFP. The City will make no reimbursement for any cost incurred by a <br />prospective Consultant for the preparation of a response to this Request for Proposals. <br />XI. CONSULTANT SELECTION PROCESS <br />All proposals submitted by the required deadline will be reviewed for adequacy, completeness, content, project <br />approach, qualifications and other criteria developed during the review process. The City Council Governance <br />Sub Committee may invite consultants who have submitted proposals, which pass the initial review, for interviews <br />approximately two weeks after submittal. The City reserves the right to conduct interviews of those consultants <br />who pass the initial review or select a consultant without conducting interviews. <br />The contract will be awarded to the Consultant deemed by the City to be the best qualified for the scope of work. <br />Consultants are encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to <br />the proposed project. <br />XII. PUBLIC RECORDS ACT <br />All proposals submitted in response to this RFP become the property of the City and are subject to the <br />requirements of the California Public Records Act (California Government Code Section 6250 et seq.) Once a <br />successful proposal is identified or all proposals are rejected, all proposals shall be deemed public records. The <br />proposer must identify in writing all copyrighted material, trade secrets, or other proprietary information the <br />proposer claims are exempt from disclosure under the Public Records Act. Proposers claiming exemption must <br />include the following statement in their proposal: The proposer agrees to indemnify and hold harmless the City, <br />its officers, employees, and agents from any claims, liability, or damages against the City, and to defend any <br />action brought against the City for proposer's refusal to disclose such material, trade secrets, or other proprietary <br />information to any party. Failure of a proposer to include this statement and/or identify in writing the claimed <br />exempt material shall be deemed a waiver of any exemption from disclosure under the Public Records Act. <br />Requests to review proposal submissions will not be allowed until after a Staff Recommendation is made. <br />9of9 <br />