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Agenda - 12-10-2024 ; 8-i - Approval of Contract with TripSpark Technologies for Consolidation of County Transit Management Technology
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Agenda - 12-10-2024 ; 8-i - Approval of Contract with TripSpark Technologies for Consolidation of County Transit Management Technology
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12/5/2024 2:05:39 PM
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12/10/2024
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Business
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Agenda
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8-i
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Agenda for December 10, 2024 BOCC Meeting
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3 <br /> with applicable federal, state and local laws and regulations applicable to the <br /> performance of these Services. Notwithstanding the foregoing and the provisions <br /> in Attachment 2 of the Agreement, Provider will adhere to federal, state, local <br /> laws, codes, and regulations, as they apply only to Provider's performance under <br /> the Agreement; and (ii) third party any hardware (if applicable and Software <br /> licensed under the final Agreement is commercial "off the shelf' and laws and <br /> regulations shall: <br /> (a) be in effect only to the extent that such clauses are applicable to the subject <br /> matter hereof. <br /> (b) not require DBE requirements. <br /> (c) not transfer ownership of any intellectual property. <br /> (d) not include bonding requirements for the Agreement; and <br /> (e) not include any liquidated damages under the Agreement; and <br /> (f) not exceed the limitation of liability and indemnification obligations under <br /> the Agreement. <br /> Should federal, state, local laws and regulations, allow the parties agree Provider <br /> shall be allowed an equitable adjustment. Finally, Provider makes no <br /> representation that Provider or its subcontractor's software, third party hardware <br /> and related documentation contain features and functionality that is federal, state, <br /> local law, codes, and regulation compliant or meets any specific federal, state, <br /> local law, codes, and regulation requirements. <br /> ii) Provider shall be responsible for its employees, or assigns in the performance of <br /> Services pursuant to the Agreement. <br /> iii) The Provider shall not, except as otherwise provided for in the Agreement, <br /> subcontract the performance of any work under the Agreement without prior <br /> written permission of the County for which written permission shall not be <br /> withheld or delayed. No permission for subcontracting shall create, between the <br /> County and the subcontractor, any contract or any other relationship. <br /> iv) Provider is an independent contractor of County. Any and all employees of the <br /> Provider engaged by the Provider in the performance of any Services required of <br /> the Provider under the Agreement, shall be considered employees of the Provider <br /> only and not of the County, and any and all claims that may or might arise under <br /> any workers compensation or other law or contract on behalf of said employees <br /> while so engaged shall be the sole obligation and responsibility of the Provider. <br /> v) If activities related to the performance of Services pursuant to the Agreement <br /> require specific licenses, certifications, or related credentials Provider represents <br /> that it or its employees, subcontractors engaged in such activities possess such <br /> licenses, certifications, or credentials and that such licenses certifications, or <br /> credentials are current, active, and not in a state of suspension or revocation. <br /> vii) [Deleted] <br /> 3. Services <br /> Revised 01/24 2 <br />
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