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(9)CITY OF SANTA ANA <br />knowledge in regard to the required service operations and contractual matters, including <br />payment of any and all charges resulting from the Agreement. <br />Z. PROPOSAL VALIDITY <br />Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period <br />of 180 days at minimum after the submission of the Proposal. <br />AA.PUBLIC AGENCIES <br />Other public agencies, as defined by California Government Code Section 6500, may choose <br />to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or <br />responsible for any obligations related to a subsequent contract between Contractor and <br />another public agency. <br />BB.PUBLIC RECORDS <br />Proposals will become public record after the award of a contract unless the proposal or <br />specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly <br />label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees <br />to indemnify and defend the City for honoring such a designation. The failure to so label any <br />information that is released by the City shall constitute a complete waiver of any and all claims <br />for damages caused by any release of the information. Proposer information identified as <br />proprietary shall be maintained confidential, to the extent allowed under the California Public <br />Records Act. <br />CC. SUBCONTRACTORS <br />Proposals in response to this RFP must identify any Subcontractors, and outline the <br />contractual relationship between the Awarded Subcontractor and each Subcontractor. An <br />official of each proposed Subcontractor must sign, and include as part of the proposal <br />submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read <br />and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed <br />after award of contract must be approved by the City before commencement of work. <br />The City will look solely to the awarded Contractor for the performance of all contractual <br />obligations which may result from an award based on this RFP, and the awarded Contractor <br />shall not be relieved for the non-performance of any or all Subcontractors. <br />XIII. AWARD OF AGREEMENT <br />Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful <br />negotiation of final contract terms. <br />A. REQUEST FOR COUNCIL ACTION <br />Following evaluation and rating by the proposal review committee, the Executive Director will <br />recommend award of an agreement to the PROPOSER(S) providing the best quality and <br />value to the CITY. <br />B. EXECUTION OF AGREEMENT <br />A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer" <br />will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The <br />term of the agreement will begin after the agreement is fully executed, and all required bonds, <br />insurance documents and contents of the payment information packet have been received <br />and approved. <br />Page 18 of 56 <br />