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