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1 <br /> CITY OF SANTA ANA <br /> All materials, documents, data or information obtained from the City Data files or any City <br /> medium furnished to Contractor in the performance of an awarded contract will at all times <br /> remain the property of the City. Such data or information may not be used or copied for direct <br /> or indirect use by Contractor after completion or termination of this Contract without the <br /> express written consent of the City. All materials, documents, data or information, including <br /> 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 /> I. DRUG-FREE WORKPLACE <br /> The awarded Contractor certifies compliance with Government Code Section 8355 in matters <br /> relating to providing a drug-free workplace. Failure to comply with these requirements may <br /> result in suspension of payments under the Contract or termination of the contract or both, <br /> and the Contractor may be ineligible for award of any future City contracts. <br /> J. EXAMINATION <br /> Proposer represents that it has thoroughly examined and become familiar with the services <br /> and responsibilities required this RFP and that it is capable of effectively and efficiently <br /> performing quality work to achieve the City's objectives. Any attachments referenced herein <br /> or any interpretations, clarifications or amendments subsequently posted in relation to this <br /> 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 may be <br /> furnished to prospective Proposers. <br /> Proposals which appear unrealistic in the terms of technical commitments, lack of technical <br /> competence, or are indicative of failure to comprehend the complexity and risk of this <br /> 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 II — Sample Agreement of this RFP. If a <br /> Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being <br /> notified of selection under this RFP, the City reserves the right to disqualify them without any <br /> further obligation <br /> L. FISCAL NONFUNDING CLAUSE <br /> In the event sufficient budgeted funds are not available for a new fiscal period, the City shall <br /> retain the right to notify the provider of such occurrence in writing at least thirty (30) days <br /> before the end of the current fiscal period and terminate the contract on the last day of the <br /> current fiscal period without penalty or expense to the City. <br /> M. INDEPENDENT CONTRACTOR <br /> Contractor is considered an independent Contractor and neither Contractor, its employees, <br /> nor anyone working under Contractor will be considered an agent or an employee of City. <br /> Neither Contractor, its employees, nor anyone working under Contractor, will qualify for <br /> workers' compensation or other fringe benefits of any kind through City. <br /> City of Santa Ana RFP No.25-040 Page 12 of 33 <br />