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11�4j­ <br /> CITY OF SANTA ANA <br /> XIII. GENERAL TERMS AND CONDITIONS <br /> A. AMERICANS WITH DISABILITIES ACT <br /> The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans <br /> with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing <br /> regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against <br /> persons with disabilities nor against persons due to their relationship to or association with a <br /> person with a disability. Any contract entered into by the awarded Contractor (or any <br /> subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. <br /> B. CITY BUSINESS LICENSE <br /> The selected proposer shall be required to obtain a City of Santa Ana Business license <br /> within thirty (30) days of selection and must provide a copy to the City projects manager or <br /> designee prior to commencing any work in Santa Ana. <br /> C. CITY RIGHT TO REJECT <br /> The City reserves the right to reject any or all proposals submitted and no representation is <br /> made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The <br /> City reserves the right to accept or reject the combined or separate components of this <br /> proposal in part or in its entirety or to waive any minor inconsistency, informality or technical <br /> defect in the proposal <br /> D. CONFLICT OF INTEREST <br /> Contractor shall exercise reasonable care and diligence to prevent any actions or conditions <br /> that could result in a conflict with the best interests of the City. This obligation shall apply to <br /> the Contractor; the Contractor's employees, agents, and Subcontractors associated with <br /> accomplishing work and services hereunder. The Contractor's efforts shall include, but not <br /> be limited to, establishing precautions to prevent its employees, agents, and Subcontractors <br /> from providing or offering gifts, entertainment, payments, loans or other considerations which <br /> could be deemed to influence or appear to influence City staff or elected officers from acting <br /> in the best interests of the City. <br /> Each Proposer must disclose any existing or potential conflict of interest relative to the <br /> performance of the contractual services resulting from this RFP. Any such relationship that <br /> might be perceived or represented as a conflict should be disclosed. The City reserves the <br /> right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. <br /> No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded <br /> a Contract for the provision of services, the delivery of supplies, or the provision of any other <br /> related action which is required, suggested, or otherwise deemed appropriate as an end <br /> product of this Contract. Therefore, Contractor is precluded from contracting for any work <br /> recommended as a result of this Contract. <br /> E. CONTRACTOR'S EXPENSE <br /> Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to <br /> entering into a formal contract. Costs of developing a response to this RFP, are entirely the <br /> responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- <br /> contractual expenses are not to be included in the cost proposal. Pre-contractual expenses <br /> include, but are not limited to, preparation of the proposal, submission of the proposal and <br /> additional information, attendance at pre-proposal conference, negotiating any matter related <br /> City of Santa Ana RFP 24-076 Page 13 of 73 <br />