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6.E. - Page 27 of 44 The PWS will recommend to the awarding authority the award of a contract to the lowest responsive and responsible Proposer. Award of contract occurs when a Purchase Order is issued or other evidence of acceptance by the City is provided to the Proposer. A Recommendation of Award does not constitute award of contract. Contract documents will consist of the General Services Agreement, this RFP and all related attachments, the Successful Proposer's written proposal, and a Purchase Order issued by the City's Finance Department. SECTION IX. RIGHTS OF THE CITY This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to: • Make the selection based on its sole discretion; • Reject any and all proposals; • Issue subsequent Request for Proposals; • Postpone contract start date for its own convenience; • Remedy technical errors in the RFP process; • Approve or disapprove the use of particular sub -consultants; • Cancel the RFP and reject any and all quotations in whole or in part when it is in the best interest of the City; • Waive informalities and irregularities in the proposals; and • Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. An agreement shall not be valid or binding on the City unless and until it is executed by authorized representatives of the City and of the Proposer. SECTION X. PUBLIC NATURE OF PROPOSAL MATERIALS Responses to this RFP become the exclusive property of the City. At such time as the PWS recommends the Contractor to the City Manager or to the City Council, as applicable, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the California Public Records Act. Any proposal which contains language purporting to render PUBLIC WORKS SERVICES DEPARTMENT FY 2019-20 ON-CALL SCADA SYSTEM MAINTENANCE AND TROUBLESHOOTING NIB 10 OF 23 188