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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 requested <br />by City. <br /> <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 Agreement 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 Agreement 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 Agreement. <br /> <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 /> <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 Agreement or termination of the Agreement or <br />both, and the Contractor may be ineligible for award of any future City Agreements. <br />J. EXAMINATION <br />Proposer represents that it has thoroughly examined and become familiar with the services <br />and responsibilities required by 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 />Agreement, 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 or approval by City Council, whichever comes later, the <br />City reserves the right to disqualify them without any further obligation <br />L. FEDERAL GRANT CONTRACT PROVISIONS <br />Proposer must agree to the federal contract provisions outlined in the Uniform <br />Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards <br />at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from <br />this bid. <br />EXHIBIT 1