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CITY OF SANTA ANA <br />purchased services at the costs, rates, and fees as set forth in their Fee Schedule in <br />response to this RFP. No other costs, rates or fees shall be payable to the awarded <br />Subcontractor for implementation of their proposal. <br />H. DATA RETENTION <br />Contractor shall be responsible for retaining data, records, and documentation for the <br />preparation of required items. These materials shall be made available to and as <br />requested by City. <br />All materials, documents, data or information obtained from the City Data files or any <br />City medium furnished to Contractor in the performance of an awarded contract will at <br />all times remain the property of the City. Such data or information may not be used or <br />copied for direct or indirect use by Contractor after completion or termination of this <br />Contract without the express written consent of the City. All materials, documents, data <br />or information, including copies, must be returned to the City at the end of the contract. <br />All data, documents and other products used, developed, or produced during response <br />preparation of the RFP will become property of the City. All responses to the RFP shall <br />become property of the City. Proposer information identified as proprietary shall be <br />maintained confidential, to the extent allowed under the California Public Records Act. <br />DRUG -FREE WORKPLACE <br />The awarded Contractor certifies compliance with Government Code Section 8355 in <br />matters relating to providing a drug -free workplace. Failure to comply with these <br />requirements may result in suspension of payments under the Contract or termination <br />of the contract or both, and the Contractor may be ineligible for award of any future City <br />contracts. <br />J. EXAMINATION <br />Proposer represents that it has thoroughly examined and become familiar with the <br />services and responsibilities required this RFP and that it is capable of effectively and <br />efficiently performing quality work to achieve the City's objectives. Any attachments <br />referenced herein or any interpretations, clarifications or amendments subsequently <br />posted in relation to this RFP are fully incorporated. <br />Any irregularities or lack of clarity in the RFP should be brought to the designated City <br />Contact/Project Manager's attention as soon as possible so that corrective addenda <br />may be furnished to prospective Proposers. <br />Proposals which appear unrealistic in the terms of technical commitments, lack of <br />technical competence, or are indicative of failure to comprehend the complexity and risk <br />of this contract, may be rejected. <br />K. EXECUTION OF AGREEMENT <br />Upon successful negotiations, the City and the selected Proposer will enter into an <br />Agreement similar to that as shown in EXHIBIT 3 STANDARD AGREEMENT in the <br />Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement <br />within thirty (30) days after being notified of selection under this RFP, the City reserves <br />the right to select the next most qualified Proposer or call for new Proposals, whichever <br />the City deems most appropriate. <br />RFP No. 20-124 Information Technology As -Needed Professional Services Page 19 of 35 <br />