2004-001 - Laserfiche WebLink

Home Browse Search

30 . This Agreement is neither intended nor shall it be construed to grant any rights , privileges or interest in any third party without the mutual written agreement of the parties hereto . 31 . A . No person, on the grounds of race, creed, color, national origin, age , sex, or disability , shall be excluded from participation in ; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement . B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity , may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity . The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website . Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services , Office of Supplier Diversity at 850/487-0915 . C . The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically . The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities . 32 . The LOCAL SPONSOR shall not subcontract, assign , or transfer any work under this Agreement without the prior written consent of the DEPARTMENT' s Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT ' s Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT ' s request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents , including the solicitation and responses thereto , the bid tabulations and the resulting contract(s) including a detailed scope of work. 33 . The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance , appropriate and allowable under Florida Law , and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers , employees , servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 34 . The purchase of non-expendable equipment costing $ 1 ,000 or more is not authorized under the terms and conditions of this Agreement. 35 . The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e . g . , specifications , time, method or manner of performance , requirements , etc . ) . All change orders are subject to the mutual agreement of both parties as evidenced in writing . Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement . DEP Agreement No . 98181 , Amendment No . 5 , Page 6 of 8