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EXHIBIT 2 <br /> CITY OF SANTA ANA <br /> I. DRUG-FREE WORKPLACE <br /> The awarded Consultant certifies compliance with Government Code Section 8355 in matters <br /> relating to providing a drug-free workplace. Failure to comply with these requirements may <br /> result in suspension of payments under the Agreement or termination of the Agreement or <br /> both, and the Consultant may be ineligible for award of any future City Agreements. <br /> J. EXAMINATION <br /> Proposer represents that it has thoroughly examined and become familiar with the services <br /> and responsibilities required by 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 /> Agreement, 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. FEDERAL GRANT CONTRACT PROVISIONS <br /> If applicable, proposer must agree to the federal contract provisions outlined in the Uniform <br /> Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards <br /> at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from <br /> this bid. <br /> M. 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 Agreement on the last day of the <br /> current fiscal period without penalty or expense to the City. The City's fiscal period is July 1 st <br /> through June 30tn <br /> N. INDEPENDENT CONTRACTOR <br /> Consultant is considered an independent Contractor and neither Consultant, its employees, <br /> nor anyone working under Consultant will be considered an agent or an employee of City. <br /> Neither Consultant, its employees, nor anyone working under Consultant, will qualify for <br /> workers' compensation or other fringe benefits of any kind through City. <br /> O. 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 />