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CITY OF SANTA ANA <br /> <br /> <br /> <br /> <br /> <br /> <br />Z. 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 /> <br />AA. 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 /> <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 /> <br /> <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 /> <br />A. 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 /> <br />XIV. IMPLEMENTATION <br />A. KICK-OFF MEETINGS <br />The successful proposer will be required to meet with City staff prior to commencement of <br />services or at any time as required by the City, to discuss and agree on operational issues <br />including transition of services and scheduling. <br /> <br />EXHIBIT 1