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I'IVERMOSORE LEASING PRACTICES
<br /> subject land and Improvements with the IDSRT, and (c) provide prospective respondents with the
<br /> opportunity to ask questions.
<br /> After the stated deadline, the City shall review the submittals for compliance with the RFI/RFQ/RFP
<br /> specifications and criteria and shall rank the submittals.
<br /> • Submittals received after the stated deadline may not be considered and may be returned
<br /> unopened.
<br /> ➢ The City may, in its sole discretion, interview respondents.
<br /> ➢ The City has the right, with or without cause, to reject any or all submittals, to advertise for
<br /> new submittals, and/or to modify any or all RFI/RFQ/RFP processes. The City will notify
<br /> respondents of any changes to the process or submittal requirements.
<br /> • The City shall be under no obligation to make an award or to make an award to the respondent
<br /> specifying the highest level of compensation to the City.
<br /> Upon completion of an RFI process (if utilized), the City may, or may not, in its sole discretion, invite
<br /> respondents to respond to an RFQ or RFP. Upon completion of an RFQ process(if utilized),the City may,
<br /> in its sole discretion, invite the most qualified respondents to respond to an RFP.
<br /> • If only one respondent expresses interest or is considered qualified by the City,the City may,
<br /> in its sole discretion,negotiate a Memorandum of Understanding(MOU)and a Disposition and
<br /> Development Agreement(DDA)with the qualified respondent without issuing an RFQ/RFP.
<br /> Upon completion of an RFP process(if utilized),the City may select the best respondent in the City's sole
<br /> discretion.
<br /> Once selected, the City and the selected respondent shall utilize the MOU and DDA process outlined in
<br /> Section 2.4. If the City and the selected respondent are unable to reach agreement on either an MOU or a
<br /> DDA, at the sole discretion of the City, the City may terminate negotiations and negotiate with the next
<br /> best respondent and so on.
<br /> Initiative of Others — If, during an Application process occurring outside of an RFI/RFQ/RFP process,
<br /> another qualified entity expresses interest in leasing and demonstrates an immediate need for the subject
<br /> land or Improvements (as outlined in Section 2.5), the City may, in its sole discretion, negotiate with the
<br /> entity(ies) and/or issue an RFQ/RFP in which case, the Competitive Proposal Process described in this
<br /> Section shall be followed.
<br /> However, once the MOU(as discussed in Section 2.4) is: (a)executed by the Applicant and City, and(b)
<br /> the earnest money deposit has been provided to the City,the City is under no obligation to negotiate with
<br /> any entity other than the Applicant or issue an RFQ/RFP.
<br /> 2.2. Application for Leasing Land and/or Improvements
<br /> If desirous of leasing Airport land and/or Improvements on a long-term basis(i.e.,greater than one year),
<br /> entities with or without a current Development Agreement shall complete all relevant and applicable
<br /> sections of the Application and submit to the Airport Manager for consideration by the IDSRT.
<br /> New Agreements shall be subject to all applicable Legal Requirements; Federal Aviation Administration
<br /> (FAA) regulations, obligations, and guidance; the Airport's policies, standards, rules, regulations, and
<br /> directives;the City's zoning,building,fire,and safety codes;Goal,Objectives,and Development Priorities,
<br /> established in Section 1.2, including Resolution 2010-058 (Appendix 7.1), and General Requirements set
<br /> forth in Section 1.6;and all other Legal Requirements of any Agency having jurisdiction.
<br /> Leasing and Development Policy 8
<br /> City of Livermore, Livermore Municipal Airport
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