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CITY OF SANTA ANA <br />RFQ No. 22-005 State Legislative Advocacy Services Page 13 of 29 <br /> <br /> <br />employee of City. Neither Contractor, its employees, nor anyone working under <br />Contractor, will qualify for workers’ compensation or other fringe benefits of any kind <br />through City. <br /> <br />M. LITIGATION STATUS <br />Each Respondent must include in its statement of qualifications a complete disclosure <br />of any alleged significant prior or ongoing contract failures, any civil or criminal litigation <br />or investigation pending which involves the Respondent or in which the Respondent has <br />been judged guilty or liable. Failure to comply with the terms of this provision will <br />disqualify any statement of qualification. The City reserves the right to reject any <br />statement of qualifications based upon the Respondent’s prior history with the City or <br />with any other party, which documents, without limitation, unsatisfactory performance, <br />adversarial or contentious demeanor, significant failure(s) to meet contract milestones <br />or other contractual failures. <br /> <br />N. NEGOTIATIONS <br />The City reserves the right to negotiate final contract terms with any Respondent <br />selected. The contract between the parties will consist of the RFQ together with any <br />modifications thereto, and the awarded Contractor’s statement of qualification, together <br />with any modifications and clarifications thereto that are submitted at the request of the <br />City during the evaluation and negotiation process. In the event of any conflict or <br />contradiction between or among these documents, the documents shall control in the <br />following order of precedence: the final executed contract, the RFQ, any modifications <br />and clarifications to the awarded Contractor’s statement of qualification, and the <br />awarded Contractor’s statement of qualification. Specific exceptions to this general rule <br />may be noted in the final executed contract. <br /> <br />Negotiations shall be confidential and not subject to disclosure to competing Contractors <br />unless and until an agreement is reached. If contract negotiations cannot be concluded <br />successfully, the City reserves the right to negotiate a contract with another Contractor <br />or withdraw the RFQ. <br /> <br />O. PROJECT MANAGER <br />The selected Respondent will assume responsibility for all services in its statement of <br />qualification. The selected Respondent shall identify a sole point of contact, Project <br />Manager, with the greatest knowledge in regard to the required service operations and <br />contractual matters, including payment of any and all charges resulting from the <br />Agreement. <br /> <br />P. STATEMENT OF QUALIFICATION SVALIDITY <br /> Services, pricing, and warranties indicated in a Respondent’s statement of qualifications <br />must be valid for a period of 90 days at minimum after the submission of the statement <br />of qualification. <br />Q. PUBLIC AGENCIES <br />Other public agencies, as defined by California Government Code Section 6500, may <br />choose to use the terms of this Contract, subject to Contractor’s acceptance. The City <br />is not liable or responsible for any obligations related to a subsequent contract between <br />Contractor and another public agency. <br />