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<br />- <br /> <br />The City also reserves the right to waive any immaterial defect or informality in any responses to <br />this RFP; to reject any or all responses in whole or in part; or to reissue an RFP for the services <br />described herein. <br /> <br />1.13 SUBMISSION RECEIPT <br /> <br />Sealed responses will be accepted in accordance with the instructions detailed on the cover of this <br />RFP. The Proposer shall file all documents necessary to support its response and shall include <br />them with its Proposal. Each Proposer shall be responsible for the actual delivery of responses <br />during business hours to the exact address indicated in this RFP. The City reserves the right to <br />accept or not accept late submitted proposals in the sole discretion of the City Manager or his <br />designee. <br /> <br />1.14 CAPIT AL EXPENDITURES <br /> <br />The selected Proposer understands that any capital expenditures that the selected Proposer makes, <br />in order to perform the services required in this RFP is a business risk. The City, however, is not <br />and shall not payor reimburse any capital expenditures or any other expenses, incurred by any <br />Proposer, in anticipation neither of a contract award nor to maintain the approved status of the <br />selected Proposer if a contract is awarded. <br /> <br />1.15 HOLD HARMLESS AND INDEMNIFICATION <br /> <br />All Proposers shall hold the City, its officials and employees harmless and covenant not to sue the <br />City, its officials and employees in reference to their decisions to reject, award, or not award a <br />RFP, as applicable. <br /> <br />The selected Proposer shall indemnify, defend and hold harmless the City and their agents or <br />employees from and against all claims, damages, losses and expenses including attorneys' fees <br />arising out of or resulting from the performance of the work described in the RFP, provided that <br />any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or <br />death, or to injury to or destruction of tangible property (other than work itself) including the loss <br />of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission <br />of the selected Proposer, Sub-Proposer, anyone directly or indirectly employed by any of them or <br />anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a <br />party indemnified hereunder. <br /> <br />1.16 RESERVATION OF RIGHTS <br /> <br />While pursuing this RFP process, the City reserves the right to: <br /> <br />· Accept any or all responses, and the right, in its sole discretion, to accept the Proposer who <br />will best serve the interests of, and represent the best value to, the City in conformity with <br />the criteria set forth in Section 62-8 of the City Code. <br />· Reject any and all qualifications and to seek new qualifications when such a procedure is <br />reasonably in the best interest of the City. <br />· Investigate the financial capability, integrity, experience, and quality of performance of <br />each Proposer, including officers, principals, senior management, and supervisors, as well <br />as staff identified in the response to RFP. <br /> <br />8 <br />