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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 />