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12. Payment Schedules - The City of Santa Ana and the selected Professional Consultant/Vendor(s) will negotiate the payment schedule(s) based on defined and measurable milestones and deliverables. Under no circumstances will payments be made in advance of work performed. 13. Project completion Holdback - Where the City of Santa Ana and the selected Professional Consultant/Vendor(s) negotiate for the future completion and delivery of a specified project/response item, the City will require a 10% holdback of Agreement monies until project/response item completion, delivery, and project approval. Errors and Omissions The Professional Consultant/Vendor shall notify the City, and not be allowed to take advantage of any obvious errors and/or omissions within this offering or the Professional Consultant/Vendor's response. Litigation Status Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigations pending which involve the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Rights to Pertinent Materials All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Professional Consultant/Vendor that are submitted as part of the proposal shall become the property of the City upon receipt. Government Code Sections 6250 et. Seq., the "Public Records Act" defines public records as any writing containing information relating to the conduct of the public's business. The Public Records Act provides that public records shall be disclosed upon written request, and that any citizen has a right to inspect any public record, unless the document is exempted from the disclosure requirements. The City cannot assure that any information submitted in response to the RFP will be confidential. If the City receives a request for any document submitted in response to this RFP, it will not assert any privileges that may exist on behalf of the person or business submitting the proposal. It is the responsibility of the person or business entity submitting the proposal to assert any applicable privileges or reasons why the document should not be produced. News Releases / Publications News releases or publications by any selected Professional Consultant/Vendor or any permitted subcontractors and all other related information (i.e., recommendations, etc.) pertaining to this engagement shall not be made available to anyone without prior approval by the City. Right to Reiect Offerings The City of Santa Ana reserves the right to reject any and all offerings or any part of any offering, to waive minor defects or technicalities, or to solicit new offerings on the same project or on a modified project, which may include portions of the originally proposed project as the City may deem necessary in its interest. The City reserves the right to reject any or all proposals submitted City of Santa Ana — Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State agency Liaison and Implementation Monitoring Services Request for Proposals No. 20-126 October 1, 2020 Page 15