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CITY OF SANTA ANA <br />XIII. GENERAL TERMS AND CONDITIONS <br />A. AMERICANS WITH DISABILITIES ACT <br />The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans <br />with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing <br />regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against <br />persons with disabilities nor against persons due to their relationship to or association with a <br />person with a disability. Any contract entered into by the awarded Contractor (or any <br />subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. <br />B. CITY BUSINESS LICENSE <br />The selected proposer shall be required to obtain a City of Santa Ana Business license within <br />thirty (30) days of selection and must provide a copy to the City projects manager or designee <br />prior to commencing any work in Santa Ana. <br />C. CITY RIGHT TO REJECT <br />The City reserves the right to reject any or all proposals submitted and no representation is <br />made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The <br />City reserves the right to accept or reject the combined or separate components of this <br />proposal in part or in its entirety or to waive any minor inconsistency, informality or technical <br />defect in the proposal. <br />D. CONFLICT OF INTEREST <br />Contractor shall exercise reasonable care and diligence to prevent any actions or conditions <br />that could result in a conflict with the best interests of the City. This obligation shall apply to <br />the Contractor; the Contractor's employees, agents, and Subcontractors associated with <br />accomplishing work and services hereunder. The Contractor's efforts shall include, but not <br />be limited to, establishing precautions to prevent its employees, agents, and Subcontractors <br />from providing or offering gifts, entertainment, payments, loans or other considerations which <br />could be deemed to influence or appear to influence City staff or elected officers from acting <br />in the best interests of the City. <br />Each Proposer must disclose any existing or potential conflict of interest relative to the <br />performance of the contractual services resulting from this RFP. Any such relationship that <br />might be perceived or represented as a conflict should be disclosed. The City reserves the <br />right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. <br />No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded <br />a Contract for the provision of services, the delivery of supplies, or the provision of any other <br />related action which is required, suggested, or otherwise deemed appropriate as an end <br />product of this Contract. Therefore, Contractor is precluded from contracting for any work <br />recommended as a result of this Contract. <br />E. CONTRACTOR'S EXPENSE <br />Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to <br />entering into a formal contract. Costs of developing a response to this RFP, are entirely the <br />responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - <br />contractual expenses are not to be included in the cost proposal. Pre -contractual expenses <br />include, but are not limited to, preparation of the proposal, submission of the proposal and <br />additional information, attendance at pre -proposal conference, negotiating any matter related <br />COST OF SERVICE STUDY 12 <br />