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RFP INSTRUCTIONS <br />1. ALTERNATIVES: Any changes or alternatives must be set forth in a letter attached to this offer. The City has the <br />option of accepting or rejecting any alternative offer. Brand names, if any, are given for quality control only. Bids <br />on "equals" are encouraged; however, the bidder must give evidence of equal utility and quality. <br />2. REJECTION: The City reserves the right to reject any or all offers and to waive any informality in any proposal. <br />3. PERIOD OF ACCEPTANCE: Unless otherwise stated, bids shall be subject to acceptance by the City for a period <br />of ninety (90) calendar days following the opening of bids. <br />4. SAMPLES: When required, bidder shall furnish samples of items free of expense to the City, and if not destroyed <br />by test may, upon request made at the time the sample is furnished, be returned at the bidder's expense. <br />5. TAX: The City is exempt from Federal Excise Tax. Bidder shall show as a separate item California State Sales <br />and/or Use Tax. <br />6. ALL OR NONE PROPOSALS: The City reserves the right to make an award based on partial items unless the <br />proposal submitted by the bidder is marked "ALL OR NONE." <br />7. BONDS: When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the amount of at <br />least 10% of the bid, to guarantee that bidders will enter into contract to furnish goods at prices stated. Likewise, a <br />Performance Bond shall be required of the successful bidder when stated in the Specification. (Cash deposit, <br />Certified or Cashier's check or Money Order may be submitted in lieu of either Bond). <br />8. TERMS OF PAYMENT: Payment terms will be considered "NET 30 days" unless a cash discount is offered for <br />earlier payment. Cash discounts may be considered in evaluating the proposal. <br />*Note: The City is unable to process discounts with terms for less than 20 days. <br />9. PROHIBITED INTEREST: Bidder agrees it shall disclose to the City in writing any financial interest, direct or <br />ndirect, in Bidder's business or in this transaction held by any City Council member or any City officer or <br />employee. City reserves the right to refuse any offer if City determines a conflict of interest exists. A conflict of <br />interest may be determined to exist in any instance where the City officer or employee participates in or influences <br />any decision-making process affecting a proposal or contract in any way whatsoever. <br />10. LOCAL VENDOR PREFERENCE: For RFP evaluation purposes, a 1 % preference will be applied to all offers for <br />taxable goods submitted by vendors located within the City limits of Santa Ana. <br />Effective 3-5-12, the Santa Ana City Council adopted Ordinance Number NS-2828 for a LOCAL PERFERENCE <br />PROGRAM. Full details are available on the City's web site, under Finance & Mgmt Services (located on the left <br />hand side, under "departments"). For bid evaluation purposes, a 7% preference for small Santa Ana businesses, <br />and a 4% preference for small Orange County businesses, is given respectively on all qualifying bids for materials, <br />supplies, labor, equipment or services. <br />The explanation on the City's web site covers Santa Ana Business and Orange County Business definitions. <br />25J-81