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20 <br /> 4.5 REFERENCES <br /> Vendors shall provide at least three(3)references for which your company has provided Services of similar <br /> size and scope to that proposed herein. Orange County may contact these users to determine the Services <br /> provided are substantially similar in scope to those proposed herein and Vendor's performance has been <br /> satisfactory. The information obtained may be considered in the evaluation of the proposal. <br /> COMPANY NAME CONTACT NAME TELEPHONE NUMBER <br /> 4.6 PERSONNEL <br /> Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written <br /> approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including <br /> the name(s) and references of Vendor's recommended substitute personnel. Orange County will approve <br /> or disapprove the requested substitution in a timely manner. Orange County may, in its sole discretion, <br /> terminate the services of any person providing services under this Contract. Upon such termination, <br /> Orange County may request acceptable substitute personnel or terminate the contract services provided <br /> by such personnel. <br /> 4.7 VENDOR'S REPRESENTATIONS <br /> a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional <br /> manner. "Professional manner" means that the personnel performing the Services will possess the <br /> skill and competence consistent with the prevailing business standards in the industry. Vendor agrees <br /> that it will not enter any agreement with a third party that may abridge any rights of Orange County <br /> under this Contract. Vendor will retain executive representation for functional and technical expertise <br /> as needed in order to incorporate any work by third party subcontractor(s). <br /> b) If any Services, deliverables,functions, or responsibilities not specifically described in this Contract are <br /> required for Vendor's proper performance, provision and delivery of the service and deliverables under <br /> this Contract, or are an inherent part of or necessary sub-task included within such service, they will be <br /> deemed to be implied by and included within the scope of the contract to the same extent and in the <br /> same manner as if specifically described in the contract. Unless otherwise expressly provided herein, <br /> Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, <br /> computer and telecommunications equipment, software, supplies, and materials necessary for the <br /> Vendor to provide and deliver the Services and Deliverables. <br /> c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations <br /> under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal <br /> proceeding being brought against Vendor that could materially adversely affect performance of this <br /> Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of <br /> competent jurisdiction. <br /> d) A sample of the Services Contract — RFP/RFQ that will be executed with the selected vendor is <br /> included. <br /> 7 <br />