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