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City of Santa Ana, California Section S. Submittal Requirements <br />5.6 Exceptions to RFP and Franchise Agreement <br />The City expects that the successful Proposer(s) will execute a single Franchise Agreement with the City <br />in substantially the same form as the draft Franchise Agreement (as it may be changed via Addendum <br />during the RFP process). <br />Proposers are required to review carefully the Franchise Agreement before submitting proposals and <br />are encouraged to have it reviewed by legal counsel. Proposers are also encouraged to submit written <br />questions, or raise questions at the Pre -Proposal Meeting, about any provision in the Franchise <br />Agreement not fully understood, which would appear to be inconsistent with other provisions or <br />otherwise incorrect, or which may deter them from submitting a Proposal or significantly increase the <br />cost of their Proposal. <br />If a Proposer is not willing to execute Franchise Agreements with the City because of specific provisions <br />in the Franchise Agreement, it must identify each provision to which it takes exception ("objectionable <br />provision") in its Proposal. Each objectionable provision must be presented separately by stating the <br />specific objectionable provision, the suggested changes, if any, to the objectionable provision, the <br />program or services related to the objectionable provision, and the reason for the needed change to the <br />objectionable provision. If Proposers submit suggested changes to the Franchise Agreement language <br />related to objectionable provisions, they must identify the specific dollar change in each of the affected <br />cost items, as proposed by the Proposer in response to this RFP, which would take place if the suggested <br />change was accepted by the City. Proposers should note that if suggested changes are proposed or <br />objectionable provisions identified, all required information as set forth above must be submitted. <br />Suggested changes or objections to provisions, without providing the required information will not be <br />considered. Proposers should also note that the submittal of suggested changes to the Franchise <br />Agreement or objections to provisions does not obligate the City to revise the terms of the Franchise <br />Agreement as published in this RFP, including such revisions as may be issued by the City during the RFP <br />process. <br />The number, nature and materiality of objectionable provisions and suggested changes to the Franchise <br />Agreement will be considered in evaluating proposals. <br />5.7 Cost Proposal <br />Proposer shall follow the instructions provided below for preparation of the cost proposal. All elements <br />described are required submittals except for the alternative cost proposals. <br />Proposers are to prepare base cost proposals as requested in Section 5.7.1 solely on the program <br />specifications set forth in the RFP documents without considering any exceptions or alternatives. <br />The proposal assumptions, operating statistics, and cost proposal information submitted by Proposer <br />will be evaluated to determine the reasonableness of the contractor's compensation requirement and <br />will serve as a baseline for establishing Rate Year One contractor's compensation and future <br />adjustments to contractor's compensation. The cost proposal shall be firm and valid until lune 30, 2020. <br />Within 30 days of request by the City, the selected contractor shall revise the cost proposal forms and <br />submit adjusted proposed costs that shall reflect any alternative programs which will be included in the <br />scope. These "adjusted proposed costs" will be included in the executed Franchise Agreement. The City <br />DRAFT RFP for Franchised Collection Services 11/28/17 Page 36 <br />65B-45 <br />