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M. 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 Agreement on the last day of the <br />current fiscal period without penalty or expense to the City. The City’s fiscal period is July 1st <br />through June 30th. <br />N. 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 /> <br />O. JOINT OFFERS/SUBCONSULTANTS <br />Where two or more Proposers desire to submit a single proposal in response to this RFP, <br />they should do so on a prime sub-consultant basis. The City intends to contract with a single <br />firm, also known as the prime, and not with multiple firms doing business as a joint venture. <br />Should the use of sub-consultants be offered, the Proposer shall provide the same <br />assurances of competence for the sub-consultant plus the demonstrated ability to manage <br />and supervise the subcontracted work. Sub-consultants shall not be allowed to further <br />subcontract with others for work under the Agreement. The provisions of the Agreement shall <br />apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible <br />for all the actions taken by their sub-contractor. <br />The City reserves the right to reject, replace and approve any and all Subcontractors. All <br />Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right <br />to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the <br />prime Contractor and the City shall assume no liability of such Subcontractors. <br /> <br />P. LITIGATION STATUS <br />Each Proposer must include in its proposal a complete disclosure of any alleged significant <br />prior or ongoing contract failures, any civil or criminal litigation or investigation pending which <br />involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to <br />comply with the terms of this provision will disqualify any proposal. The City reserves the <br />right to reject any proposal based upon the Proposer’s prior history with the City or with any <br />other party, which documents, without limitation, unsatisfactory performance, adversarial or <br />contentious demeanor, significant failure(s) to meet contract milestones or other contractual <br />failures. <br /> <br />Q. NEGOTIATIONS <br />The City reserves the right to negotiate final Agreement terms with any Proposer selected. <br />The Agreement between the parties will consist of the RFP together with any modifications <br />thereto, and the awarded Contractor’s proposal, together with any modifications and <br />clarifications thereto that are submitted at the request of the City during the evaluation and <br />negotiation process. In the event of any conflict or contradiction between or among these <br />documents, the documents shall control in the following order of precedence: the final <br />executed Agreement, the RFP, any modifications and clarifications to the awarded <br />Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this <br />general rule may be noted in the final executed Agreement. <br /> <br />Negotiations shall be confidential and not subject to disclosure to competing Contractors <br />unless and until an agreement is reached. If contract negotiations cannot be concluded <br />EXHIBIT 1