Agenda - 11-16-2004-5f - Laserfiche WebLink

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CQNTRACT NO. H05023~ '', ~/ 19. Ownership of equipment purchased under this contract rests with the DEPARTMENT according to 40 CFR Section 31, or comparable regulations of the sponsoring Agency. Such equipment may be retained by the GRANTEE for the time the GRANTEE continues to provide services begun under this contract or with approval from the DEPARTMENT be transferred to other DEPARTMENT contracts. 20, This contract represents the entirety of the agreements and covenants between the DEPARTMENT and the GRANTEE with respect to the subject matter hereof and accordingly cannot be amended or modified except by written instrument executed by the parties hereto, 21. The GRANTEE shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the GRANTEE in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the GRANTEE provided that the GRANTEE is notified in writing within 30 days that the State has knowledge of such claims. The GRANTEE represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of GRANTEE goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract, 22. The DEPARTMENT does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. 23. The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) were paid in connection with this contract, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this contract, 24. The GRANTEE certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom GRANTEE or its subtler contractor(s) or subgrantee(s) will pay with profits or non-appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use, 25. The GRANTEE shall take affirmative action in complying with all federal and state requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability 26. The GRANTEE shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 4 of 5