|
subcontractor shall participate in the selection, or in the award or administration of a contract or
<br />subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
<br />Such a conflict would arise when:
<br />(a) an employee, officer or agent;
<br />(b) any member of the employee's immediate family;
<br />(c) an employee's partner; or
<br />(d) an organization, which employs, or is about to employ, any of the above,
<br />has a financial or other interest in the firm selected for award. Contractor's or subcontractor's
<br />officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of
<br />monetary value from Contractor, potential contractors, or parties to sub-agreements.
<br />REPRESENTATIONS AND WARRANTIES
<br />15. Warranties. During the term of this contract and for a period of six (6) months following the State's
<br />final acceptance under this contract, Contractor warrants as follows:
<br />15.1 All Services under this Contract shall be performed in accordance with the specifications set forth in
<br />this contract and Exhibit A and in a manner acceptable to the State. Contractor shall re-perform any
<br />Services that fail to satisfy this warranty.
<br />15.2 All deliverables delivered under this contract by Contractor shall meet the specifications set forth in
<br />this contract and Exhibit A. Contractor shall correct or replace any deliverables which fail to satisfy
<br />this warranty.
<br />The foregoing warranties and such other warranties as may be set forth in Exhibit A, Scope of Work, are a
<br />part of the minimum work requirements of this contract, and as such will be at no additional cost to the
<br />State.
<br />16. Licenses, Permits, and Responsibilities
<br />Contractor certifies that, at the time of entering into this contract, it has currently in effect all necessary
<br />licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform
<br />the Services and/or deliver the Goods covered by this contract. Contractor warrants that it shall maintain all
<br />necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
<br />properly perform this contract, without reimbursement by the State or other adjustment in contract price.
<br />Additionally, all employees of Contractor performing services under this contract shall hold the required
<br />licenses or certification, if any, to perform their responsibilities. Contractor, if a foreign corporation or other
<br />entity transacting business in the State of Colorado, further certifies that it currently has obtained and shall
<br />maintain any applicable certificate of authority to do business in the State of Colorado and has designated
<br />a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of
<br />licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for
<br />Contractor to properly perform this contract, shall be deemed to be a default by Contractor and grounds for
<br />termination of this contract by the State.
<br />17. Tax Exempt Status
<br />Contractor acknowledges that the State of Colorado is not liable for any sales, use, excise, property or
<br />other taxes imposed by any Federal, State or local government tax authority. The State also is not liable
<br />for any Contractor franchise or income related tax. No taxes of any kind shall be charged to the State.
<br />18. Legal Authority
<br />Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all
<br />actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
<br />Page 6 of 14
<br />
|