Addendums: Addendum(s) to the RFP may be issued by the Town.  When issued, addendum(s) will be posted on the Town’s website under the “Request for Proposals” link.  It is the respondent’s responsibility to check to see if RFP addendum(s) have been issued by the Town and to ensure that its proposal addresses all addendum(s).

Proposal Package Form: All proposals shall be typed or printed in ink and be clearly legible.  Mistakes must be crossed out and corrections typewritten or written in ink adjacent thereto and initialed in ink by the party signing the proposal, or the party’s authorized representative.

Late Proposals:  Proposals received after the deadline for submission shall be rejected and not considered.

Review of Proposals:  The Town reserves the right to waive informalities, non-material defects, or clerical errors in any proposal.  The Town also reserves the right to reject any and all proposals, or any part of a proposal, when said action is deemed to be in the best interest of the Town.  The Town reserves the right to negotiate with one or more respondents as it sees fit.  Proposals will be evaluated based on what is in the best interests of the Town.  Cost may not be the sole factor in evaluating proposals.  No contract rights shall accrue to a respondent unless and until the Town and the respondent execute a binding contract.

Proposal Costs:  All costs incurred in the preparation of the proposals will be borne entirely by the individual/firm submitter.

Ownership of Proposals:  All proposals submitted and information contained therein and attached thereto shall be subject to disclosure under the Freedom of Information Act.

Irrevocability of Proposals:  Respondent(s) may amend or withdraw their proposals prior to this RFP’s due date and time by submitting a clear and detailed written notice to the Town.  All proposals become irrevocable after the date and time they are due.

Assignment and/or Subcontracting by Selected Respondent:  Assignment and/or subcontracting by successful respondent(s) to third party of any contract based on the Request for Proposal or any monies due is prohibited and shall not be recognized by the Town.

Collusion:  Any act or acts of misrepresentation or collusion shall be a basis for disqualification of any proposal or proposals submitted by such person responsible for said misrepresentation or collusion.  In the event that the Town enters into a contract with any respondent who is responsible for a misrepresentation or collusion and such conduct is discovered after the execution of said contract, the Town may cancel said contract without incurring liability, penalty, or damages.

Defense and Indemnification:  Any person contracting with the Town must, to the fullest extent permitted by law, indemnify, defend, and hold harmless the Town and its agents and employees from and against all claims, damage, loss or expense including reasonable attorney’s fees arising out of or resulting from the performance of the contract.  Selected respondents shall pay any and all attorney’s fees incurred by the Town, its agents, or its employees, in enforcing any of the selected respondent’s defense or indemnification obligations.  In any and all claims against the Town, or any of its agents or employees, by any employee of a selected respondent, or anyone directly or indirectly employed by a selected respondent, or anyone for whose acts a selected respondent is liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or a selected respondent under Workers’ Compensation Acts, disability benefits acts, or other employee benefits acts.

Conflicts of Interest:  By submitting a proposal the respondent certifies that no officer, agent or employee of the Town who has a pecuniary interest in this request for proposal neither has nor shall participate in the contract negotiations on the part of the Town, that the proposal is made in good faith without fraud, collusion or connection of any kind with any other respondent of the same call for proposals, and that the respondent is competing solely in its own behalf without connection with or obligation to, any undisclosed person or firm.  Respondents must fully disclose, in writing to the Town on or before the closing date of the RFP, the circumstances of any possible conflict of interest or what could be perceived as a possible conflict of interest if the respondent were to become a contracting party pursuant to the RFP.  The Town shall review any submissions by respondents under this provision and may reject any proposals where, in the opinion of the Town, the respondent could be in a conflict of interest or could be perceived to be in a possible conflict of interest position if the respondent were to become a contracting party pursuant to this RFP.

Rejection:  The right is reserved to reject any and all, or any part thereof, of all bids or proposal when such action is deemed in the best interest of the Town.