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g) Rights and Remedies of City for Default <br />In the event any item furnished by the vendor in the performance of the agreement or purchase <br />order shall fail to conform to the specifications herewith, the City may reject the same and it <br />shall become the duty of the vendor to reclaim and remove the property, without expense to the <br />City. Additionally, it shall be the duty of said vendor to immediately replace any such rejected <br />items with items conforming to these specifications. Should the vendor fail, refuse or neglect to <br />replace such item, the City shall thereupon have the right to purchase on the open market, in lieu <br />thereof, an item meeting all specifications, and to deduct from any monies due or that thereafter <br />may become due to the vendor, the difference between the price named in the contract or <br />purchase order and the actual costs thereof to the City. <br />IX. Miscellaneous <br />a) Ownership of Proposals <br />Upon delivery, all proposals will become the property of the City of Pleasanton. <br />b) Risht to Reiect/Modify <br />The City may, at its sole discretion, reject any or all proposals or waive any irregularities without <br />disqualifying the proposal. The issuance of this Request for Proposal does not bind the City to <br />award a service agreement for services described herein. <br />c) Inquiries <br />Inquiries regarding this RFP should be directed to Acting Battalion Chief Peter Richert, (925) <br />998-1211, Livermore-Pleasanton Fire Department, 3560 Nevada Street, Pleasanton, CA 94566. <br />d) Business License <br />Prior to the selected vendor engaging in any operation or activity as a result of an award of a <br />purchase contract, it must obtain a City of Pleasanton business license. The business license <br />must be kept in full force and effect during the term of the contract. <br />e) Public Disclosure of All Proposals <br />All proposals received in response to this RFP shall become the property of the City. All <br />proposals shall become a matter of public record, and shall be regarded as public records except <br />for those parts of each proposal which are defined by the proposer as business or trade secrets, <br />provided that said parts are submitted in a sealed envelope and clearly marked as "trade secret", <br />"confidential" or "proprietary." <br />15 <br />