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City of Santa Ana, California <br />Section 4. RFP Policies, Conditions, and Process <br />SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS <br />4.1 Rights Reserved by the City <br />The City reserves the right, in its sole discretion, to pursue any or all of the following actions regarding <br />this RFP process: <br />• Issue addenda and amend the RFP and Franchise Agreement; <br />• Request additional information and/or clarification from Proposer; <br />• Extend the deadline for submitting proposals; <br />• Withdraw this RFP; <br />• Reject proposals that do not fully comply with the requirements detailed in this RFP, its <br />attachments, addenda, or clarifications; <br />• Reject incomplete proposals; proposals containing errors, inconsistencies, false, inaccurate <br />or misleading information; proposals submitted after the deadline; or, proposals with other <br />process or content errors or deficiencies; <br />• Amend the Municipal Codes of City; <br />• Award a proposal based on a combination of its qualitative and quantitative attributes; <br />• Take other actions the City deems are in the best interest of the City, and residents and <br />businesses in the City service area; and, <br />• Negotiate changes in the services proposed and/or described in the RFP or to incorporate <br />programs proposed by others. <br />4.2 General RFP Requirements <br />This RFP shall not be construed by any party as an agreement of any kind between the City, <br />contractor(s), and other parties. <br />This RFP does not obligate the City to accept any proposal, negotiate with any Proposer, award a <br />Franchise Agreement, or proceed with the development of any project or service described in response <br />to this RFP. The City has no obligation to and shall not compensate any Proposer for its expense of <br />preparing its proposal and participating in this procurement process. <br />Please note that the City's procurement of Solid Waste and Recycling Franchise Services is not subject to <br />State bidding laws, and the City does not intend to cause the current RFP process to become subject to <br />such public bidding laws or regulations. <br />The City shall have the right (but not the obligation) to perform a review of each Proposer's ability to <br />perform the work required. Each Proposer must agree to cooperate with such a review. Such <br />cooperation by Proposer shall apply to the verification of the Proposer's capability and experience in the <br />provision of services and any other component of work that may be required under this procurement. <br />The City, and its consultants, will be conducting reference checks on Proposers that will involve <br />contacting jurisdictions currently or previously served by Proposer, as well as contacting regulatory <br />agencies involved in oversight of Proposers' facilities. In addition, the City, or its consultants, may <br />DRAFT RFP for Franchised Collection Services 11/28/17 Page 23 <br />65B-32 <br />