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2 <br /> be returned unopened to their senders. All proposals and accompanying documentation will <br /> become the property of the City of Everett and may not be returned. <br /> Firms submitting proposals assume all risk related to the method of dispatch chosen. The City of <br /> Everett assumes no responsibility for delays caused by any delivery service. Postmarking by the <br /> due date will not substitute for actual proposal receipt. Late proposals will not be accepted nor <br /> will additional time be granted to any firm wishing to submit a proposal. Proposals may not be <br /> delivered by facsimile transmission or other telecommunication or solely by electronic means. <br /> B. Waiver of Minor Administrative Irregularities <br /> The City of Everett reserves the right, at its sole discretion, to waive minor administrative <br /> irregularities contained in any proposal. <br /> C. Single Response <br /> A single response to the RFP may be deemed a failure of competition, and in the best interest of <br /> the City of Everett, this RFP may be terminated and re-advertised. <br /> C. Proposal Rejection <br /> The City of Everett reserves the right to reject any or all proposals at any time without penalty. <br /> D. Withdrawal of Proposals <br /> Firms may withdraw a proposal that has been submitted at any time up to the proposal closing <br /> date and time. To accomplish this, a written request signed by an authorized representative of <br /> the firm must be submitted to the City Clerk. The firm may submit another proposal at any time <br /> up to the stipulated closing date and time. The City reserves the right to reject any and all <br /> proposals and waive any irregularities or informalities. No firm may withdraw or modify its <br /> proposal after the hour set for the opening thereof. The City further reserves the right to make <br /> the award as deemed in the best interest of the City. The right is reserved by the City to <br /> postpone the award for a period of forty-five (60) days after opening proposals. <br /> E. Non-Endorsement <br /> As a result of the selection of a firm to supply services, the City is neither endorsing nor <br /> suggesting that the firm's services are the best or only solution. The firm agrees to make no <br /> reference to the City of Everett in any literature, promotional material, brochures, sales <br /> presentation or the like without prior express written consent from the City. <br /> F. Proprietary Proposal Material <br /> Any information contained in the proposal that is proprietary must be clearly designated. <br /> Marking the entire proposal as proprietary will be neither accepted nor honored. If a request is <br /> made to view a firm's proposal, the City will comply according to the Public Records Act, Chapter <br /> 42.56 ROW. If any information is marked as proprietary in the proposal, the City shall make <br /> reasonable efforts to provide the affected firm with 10 days' notice before releasing the records <br /> to allow the affected firm to seek a court injunction against the requested disclosure, but in no <br /> event will the City have any liability to the affected firm for any failure of the City to provide such <br /> notice. <br /> DRAFT 17 6 of 16 <br />