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6.1. - Page 33 of 52 <br />• Proposer's prior record of performance (including safety record) with City or other; and <br />• Proposer's compliance with applicable laws, regulations, policies (including City Council <br />policies), guidelines and orders governing prior or existing contracts performed by the Proposer. <br />If a contract is awarded, it shall be awarded to the lowest responsive and responsible Proposer whose <br />Proposal followed all directions in the RFP and would be most advantageous to the City. The award of <br />this contract will not be based on price alone. Factors that would affect the final cost to and the benefits <br />to be derived by the City will be considered. <br />Award of contract occurs when a Purchase Order is issued or other evidence of acceptance by the City <br />is provided to the Proposer. A Recommendation of Award does not constitute award of contract. <br />Contract documents will consist of the Agreement for Services, this RFP and all related attachments, <br />the Successful Proposer's written proposal, and a Purchase Order issued by the City's Finance <br />Department. <br />SECTION IX. RIGHTS OF THE CITY <br />This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any <br />costs incurred in preparation and submission of proposals or in anticipation of a contract. The City <br />reserves the right to: <br />• Make the selection based on its sole discretion; <br />• Reject any and all proposals; <br />• Issue subsequent Request for Proposals; <br />• Postpone contract start date for its own convenience; <br />• Remedy technical errors in the RFP process; <br />• Approve or disapprove the use of particular sub -consultants; <br />• Cancel the RFP and reject any and all proposals in whole or in part when it is in the best <br />interest of the City; <br />• Waive informalities and irregularities in the proposals; and <br />• Enter into an agreement with another Proposer in the event the originally selected Proposer <br />defaults or fails to execute an agreement with the City. <br />An agreement shall not be valid or binding on the City unless and until it is executed by authorized <br />representatives of the City and of the Proposer. <br />SECTION X. PUBLIC NATURE OF PROPOSAL MATERIALS <br />Responses to this RFP become the exclusive property of the City. At such time as the PWS recommends <br />the Contractor to the City Manager or to the City Council, as applicable, all proposals received in <br />response to this RFP become a matter of public record and shall be regarded as public records, with <br />PUBLIC WORKS SERVICES DEPARTMENT <br />FY 2019-20 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 19 OF 37 <br />244 <br />