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City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process <br />4.4.6 Step Six — Selection of Recommended Contractor and Negotiation of Final Franchise <br />Agreement <br />The City and/or its consultants will recommend a preferred contractor for consideration by the <br />City Council. Once the City Council approves selection of a final contractor then final negotiation <br />will take place for the Franchise Agreement. Except at the sole discretion of the City, all <br />negotiations with the Proposer will be limited to the Proposer's recommended alternative <br />Franchise Agreement language contained in their proposal. <br />4.4.7 Schedule <br />The schedule of events presented in this Section 4.4 is summarized in Table 1-2 in Section 1. <br />The City has determined that the public interest will be best served if proposals submitted in response <br />to this RFP are not made available for review by other companies participating in the competitive <br />selection process. For that reason, proposals (and materials submitted during subsequent meetings and <br />discussions with City staff) will not be made available to other Proposers or the public generally any <br />earlier than the date on which City staff issues to City Council a company recommended for final <br />consideration/negotiation. At that point, the City may release the portion(s) of the proposal(s) that have <br />not been identified as entitled to confidential treatment as containing trade secrets. Alternatively, public <br />release may be deferred until the City Council has limited their consideration to one preferred company. <br />The following procedures will be followed for the disclosure of proposals: <br />• Materials which a Proposer considers as trade secret information entitled to protection from <br />disclosure under Government Code Section 6254(k) must be clearly marked on each page as <br />"CONFIDENTIAL". <br />• If the City receives a request to review and/or copy materials submitted by any Proposer, it will <br />decline to release those materials marked "CONFIDENTIAL" pursuant to Government Code <br />Section 6255. <br />• If the person submitting the request files a legal action against the City seeking its release, the <br />City will notify the affected Proposer(s) and will not oppose a motion by such Proposer(s) to <br />intervene in the action. The Proposer(s) must either intervene or agree to pay the City's legal <br />expenses in defending the action, including fees, if any, awarded to the plaintiff. Absent such an <br />agreement, the City will have no obligation to defend the action and may release the <br />information sought without any liability whatsoever. <br />• No Proposer may, directly or through an intermediary, employ the Public Records Act to obtain <br />access to non -confidential materials submitted to the City by other Proposers prior to the <br />execution of the Agreement for this contract. <br />• No Proposer will seek damages against the City or recovery of its attorneys' fees from the City <br />because of any dispute related to the release or withholding of information submitted in <br />response to this RFP. <br />DRAFT RFP for Franchised Collection Services 11/28/17 Page 27 <br />65A-44 <br />