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"I) CITY OF SANTA ANA <br />Proposers may file a "protest" to an RFP with the City's assigned Project Manager. In order for <br />a Proposer's protest to be considered valid, the protest must: <br />Be filed in writing within five (5) business days of either the RFP issued date or before <br />5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of <br />Intent to Award Contract on the City's website; <br />2. Clearly identify the specific irregularity or accusation; <br />3. Clearly identify the specific City staff determination or recommendation being <br />protested; <br />4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and <br />5. Include all relevant, supporting documentation with the protest at time of filing. <br />If the protest does not comply with each of these requirements, it will be rejected as invalid. If the <br />protest is valid, the City's Project Manager, or other designated City staff member, shall review <br />the basis of the protest and all relevant information. The Project Manager will provide a written <br />decision to the protestor within ten (10) business days from receipt of protest. The decision from <br />the Project Manager, or her/her designee, is final and no further appeals will be considered. <br />XIII. GENERAL TERMS AND CONDITIONS <br />By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and <br />accepts the Terms and Conditions of this RFP as described below: <br />A. AMERICANS WITH DISABILITIES ACT <br />The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans <br />with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing <br />regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against <br />persons with disabilities nor against persons due to their relationship to or association with a <br />person with a disability. Any contract entered into by the awarded Contractor (or any <br />subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. <br />B. CITY RIGHT TO REJECT <br />The City reserves the right to reject any or all proposals submitted and no representation is <br />made hereby that any agreement will be awarded pursuant to this RFP or otherwise. <br />The City reserves the right to accept or reject the combined or separate components of this <br />proposal in part or in its entirety or to waive any minor inconsistency, informality or technical <br />defect in the proposal. <br />C. CONFLICT OF INTEREST <br />Contractor shall exercise reasonable care and diligence to prevent any actions or conditions <br />that could result in a conflict with the best interests of the City. This obligation shall apply to <br />the Contractor; the Contractor's employees, agents, and Subcontractors associated with <br />accomplishing work and services hereunder. The Contractor's efforts shall include, but not <br />be limited to, establishing precautions to prevent its employees, agents, and Subcontractors <br />from providing or offering gifts, entertainment, payments, loans or other considerations which <br />could be deemed to influence or appear to influence City staff or elected officers from acting <br />in the best interests of the City. <br />RFP No. 21-024 Professional Auditing Services Page 15 of 34 <br />