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(9) <br />CITY OF SANTA ANA <br />J. EXAMINATION <br />Proposer represents that it has thoroughly examined and become familiar with the services <br />and responsibilities required this RFP and that it is capable of effectively and efficiently <br />performing quality work to achieve the City's objectives. Any attachments referenced herein <br />or any interpretations, clarifications or amendments subsequently posted in relation to this <br />RFP are fully incorporated. <br />Any irregularities or lack of clarity in the RFP should be brought to the designated City <br />Contact/Project Manager's attention as soon as possible so that corrective addenda may be <br />furnished to prospective Proposers. <br />Proposals which appear unrealistic in the terms of technical commitments, lack of technical <br />competence, or are indicative of failure to comprehend the complexity and risk of this <br />contract, may be rejected. <br />K. EXECUTION OF AGREEMENT <br />Upon successful negotiations, the City and the selected Proposer will enter into an <br />Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a <br />Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being <br />notified of selection under this RFP, the City reserves the right to disqualify them without any <br />further obligation <br />L. 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 />M. 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 />N. 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 />City of Santa Ana RFP No. 24-009 Page 17 of 37 <br />