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(9) <br />CITY OF SANTA ANA <br />N. 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 />O. 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 />P. 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 />Q. 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 />R. 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 and not with multiple firms doing business as a joint venture. Should the use of sub - <br />consultants be offered, the Proposer shall provide the same assurances of competence for <br />the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted <br />work. Sub -consultants shall not be allowed to further subcontract with others for work under <br />the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the <br />same manner as the Proposer. <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 />S. 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 />Page 16 of 56 <br />