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CITY OF SANTA ANA <br /> <br /> <br />RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 14 <br /> <br /> <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 /> <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 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 2 – 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. 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 />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 contract on the last day of the <br />current fiscal period without penalty or expense to the City. <br />N. 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 />EXHIBIT 1