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9) to enter into agreements for only portions (or not to enter into <br /> agreements for any) of the services contemplated by this RFP. <br /> 10) the Proposer may not rely upon oral responses or representations <br /> made by the City; the Proposer may rely upon only written responses or <br /> representations made by the County and provided to all recipients of the <br /> RFP. Any modification to the RFP shall be made by the City in writing and <br /> delivered to each recipient of the RFP. <br /> 11)the City has diligently prepared this RFP and has presented all known, <br /> pertinent data as accurately and completely as possible. The City does not <br /> warrant or guarantee the completeness or accuracy of this information, <br /> nor will the discovery of an error or omission therein give rise to any <br /> obligation by the City to later alter the contract. <br /> 12)that any and all counter-proposals, negotiations or any <br /> communications received by a Proposer, its officers, employees or agents <br /> from the City, its elected officials, officers, employees or agents, shall not <br /> be binding against the City of Arden Hills, its elected officials, officers, <br /> employees or agents unless and until a formal written agreement for the <br /> services sought by this RFP is duly executed by both parties and subject <br /> to the necessary approvals. <br /> 13)to exercise its discretion and apply its judgment with respect to any <br /> aspect of this RFP, the evaluation of proposals, and the negotiation and <br /> award of any contract. <br /> • <br /> Confidentiality <br /> 1) Confidentiality of RFP and RFP Process: The Proposer should regard <br /> the contents of the RFP and the City's process of evaluating outsourcing <br /> opportunities as a strictly confidential business matter. The Proposer must <br /> recognize and acknowledge that the City expects the Proposer to treat the <br /> materials and data provided by the City as confidential. Under applicable <br /> laws and regulations, the City may be required publicly to disclose such <br /> materials and data; however, in order for the City effectively to monitor <br /> and control such disclosures, the Proposer shall not disclose any <br /> materials or data provided by the City to any third party other than as <br /> required to prepare the Proposer's proposal. In the same interest of <br /> mutual respect and confidentiality, the City will not disclose the contents of <br /> any proposal during the negotiating process. The winning proposal will <br /> be kept in the project file and all other proposals will be destroyed upon <br /> announcement of a winning bid. <br /> Miscellaneous <br /> 1) Reimbursements. There is no expressed or implied obligation for the <br /> City of Arden Hills to reimburse responding firms for any expenses <br /> incurred in preparing proposals in response to this Request for Proposal, <br /> and the City will not reimburse responding firms for these expenses, nor <br /> will they pay any subsequent costs associated with the provision of any <br /> Page 8 of 10 <br />