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CITY OF SANTA ANA <br /> <br /> <br /> <br /> <br /> <br /> <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 /> <br />(7) Negotiations <br />The City reserves the right to negotiate final pre-loan commitment terms with any Proposer <br />selected. The pre-loan commitment between the parties will reference the RFP together with <br />any modifications thereto, and the awarded contractor’s proposal, together with any <br />modifications and clarifications thereto that are submitted at the request of the City during the <br />evaluation and negotiation process. In the event of any conflict or contradiction between or <br />among these documents, the documents shall control in the following order of precedence: <br />the final executed pre-loan commitment, the RFP, any modifications and clarifications to the <br />awarded contractor’s proposal, and the awarded contractor’s proposal. Specific exceptions to <br />this general rule 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 or <br />withdraw the RFP. <br /> <br />(8) Ownership of Documents <br />The City has permanent ownership of all directly connected and derivative materials produced <br />under this contract by the Contractor. All documents, reports and other incidental or derivative <br />work or materials furnished hereunder shall become and remains the sole property of the City <br />and may be used by the City as it may require without additional cost to the City. Contractor <br />shall provide the City copies of documents upon its request at any time. None of the <br />documents, reports and other incidental or derivative work or furnished materials shall be used <br />by the Contractor without the express written consent of the City. <br /> <br />(9) Parking <br />The City will not provide free parking and/or reimbursement for the cost of parking while <br />providing services and conducting business with the City. <br /> <br />(10) Professional Standards <br />Contractor staff shall be courteous to the public and City staff utilizing facilities where <br />Contractor is performing work, but shall be responsive only to the requests of the City’s Project <br />Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. <br /> <br />Contractor acknowledges that City locations consist of public-use facilities and recognizes the <br />obligation to ensure Contractor personnel and agents maintain the highest level of <br />professional standards in attire, decorum, and interaction with the public and City personnel. <br /> <br />(11) Project Manager <br />The selected Proposer will assume responsibility for all services in its proposal. The selected <br />Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge <br />in regard to the required service operations and contractual matters, including payment of any <br />and all charges resulting from the Agreement. <br /> <br />(12) Public Agencies <br />Other public agencies, as defined by California Government Code Section 6500, may choose <br />to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or <br />responsible for any obligations related to a subsequent contract between Contractor and <br />another public agency. <br />EXHIBIT 1