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and no assurance is made hereby that any Agreement will be awarded pursuant to this RFP. The City reserves the right to waive minor inconsistencies in submitted proposals. Protests Proposers may file a "protest" to a Request for Proposal (RFP) with the City's Purchasing Department. In order for a protest to be considered valid it must: 1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m, of the 5th business day following the posting of RFP Results/Notice of Intent to Award Agreement on the City's website; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Supervisor, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Supervisor or designee will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision of the Purchasing Supervisor, or designee, Is final and no further appeals will be considered. Negotiations Negotiations for a binding estimate of cost structure will begin with the recommended top -ranked firm(s). If an Agreement acceptable to the City cannot be negotiated at a price considered fair and reasonable, negotiations shall be terminated with the top -ranked firm(s) and negotiation will then proceed with the next highest ranked firm(s) until an Agreement is reached or withdraw the RFP. The evaluation team will conduct all subsequent negotiations and will make a recommendation to the City. The City reserves the right to negotiate final contract terms with any Proposer selected. Negotiations shall be confidential and not subject to disclosure to competing Consultant/Vendors unless and until an agreement is reached. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Consultant/Vendor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Consultant/Vendor's proposal, and the awarded Consultant/Vendor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Exceptions to the RFP The format of the RFP must be followed and all requested information must be submitted as indicated for continued consideration. However, the City of Santa Ana is receptive to any additional information and/or suggestions pertaining to the required services and additional related capabilities of the proposer. Exceptions raised during Agreement negotiations that have not been previously declared in the proposal may be grounds for disqualification as deemed appropriate by the City of Santa Ana. City of Santa Ana — Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring Services Request for Proposals No. 20-126 October 1, 2020 Page 16