Item 25 - Approve Consultant Agreement with Avenu Insights

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the primary Professional Consultant/Vendor will be responsible for subcontractors and the City shall assume no liability of such subcontractors. 11, Rules for Proposals - The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; the signer must also declare in writing that the proposal is made without colluding with any other person, persons, company, or parties submitting a proposal; lastly, the signer must declare in writing that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer. 12. Payment Schedules - The City of Santa Ana and the selected Professional Consultant/Vendor's) will negotiate the payment schedule(s) based on defined and measurable milestones and deliverables. Under no circumstances will payments be made in advance of work performed. 13. Project completion Holdback — Where the City of Santa Ana and the selected Professional Consultant/Vendor(s) negotiate for the future completion and delivery of a specified project/response item, the City will require a 10% holdback of Agreement monies until project/response item completion, delivery, and project approval. Coordination of Work or Services Contract Officer Extra Work Change Order Authorit Where the City of Santa Ana and the selected Professional Consultant/Vendor(s) agree to exercise a contingency option included in the proposed scope of work, a change order will be drawn -up by the City's designated contract officer authorizing such extra work. To become effective, the proposed change order must be agreed to in writing by an authorized representative of the Professional Consultant/Vendor(s). Exceptions to this requirement may occur where a contingency option is developed as part of the original agreement between the parties or pursuant to an amendment to such agreement and the scope of the extra work, costs, and time frame for delivery of services or work product are fixed and the City merely decides to elect to exercise its option. Errors and Omissions The Professional Consultant/Vendor shall notify the City, and not be allowed to take advantage of any obvious errors and/or omissions within this offering or the Professional Consultant/Vendor's response. Litigation Status Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigations pending which involve the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Rights to Pertinent Materials All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Professional Consultant/Vendor that are submitted as part of the proposal shall become the property of the City upon receipt. Government Code Sections 6250 et. Seq., the "Public Records Act" defines public records as any writing containing information relating to the conduct of the public's business. The Public Records City of Santa Ana — Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring Services Request for Proposals No. 20-137 October 26, 2020 Page 13