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(9) <br />CITY OF SANTA ANA <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 />DILIGENCE MATERIAL <br />Diligence Material, if provided, is subject to the following disclaimer: Neither the CITY or any <br />of its agents, advisors, or representatives: has made or makes any representation or <br />warranty, express or implied, as to the accuracy or completeness of the Diligence Material. <br />Without limiting the generality of the foregoing, the Diligence Material may include certain <br />assumptions, statements, estimates and projections provided by or with respect to the CITY. <br />Such assumptions, statements, estimates, and projections reflect various assumptions made <br />by the CITY, which assumptions may or may not prove to be correct. No representations are <br />made by the CITY as to the accuracy of such assumptions, statements, estimates, or <br />projections. <br />J. 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 />K. EVIDENCE OF FINANCIAL CAPACITY <br />Proposer may be requested to submit its most recent audited financial statement, evidencing <br />PROPOSER's financial capacity to fully perform the required services, including provision of <br />equipment and personnel expenses over a ninety (90) day period. If said financial statement <br />does not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of <br />credit as evidence of supplemental capacity. <br />L. 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 />M. 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 />Page 15 of 56 <br />