House Joint Resolution 03-1068 - Laserfiche WebLink

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P/YR 6?4,112;'011Qeu f� SECTION 2.0 RFP PAA -313S TERMS OF CONTRACT 2.1 LENGTH OF CONTRACT: The term of e con rac will be from the date the contract is signed by the State Controller, or designee, or from May 19, 2003, whichever is later, to October 21, 2003. (The State reserves the right to extend the contract for up to 5 years if project conditions necessitate). 2.2 CONTRACT: The si'i'1 uccessful proposer(s) will be required to enter into a formal contract with DNR. The contract will incorporate this RFP, published addenda and the response of the successful proposer(s). Any contract resulting from this RFP may not be modified, amended, extended or augmented except by a contractual change executed by the parties hereto, and any breach or default by a party shall not be waived or released other than in writing signed by the other party. The Department reserves the right to eliminate aspects of the proposal which may be determined by DNR to be unnecessary or which aspects the Department decides to assume itself or let out by separate contract. 2.3 CONTRACT TYPE: The con rac s resu ting from this RFP will be a lump sum contract based on the scope of work chosen and payment schedule submitted in the Contractors Proposal. 2.4 SUBCONTRACTS: roposers p anned use of subcontractors shall be clearly explained in the proposal. The successful proposer shall be responsible to DNR for the contract performance, whether or not subcontractors are used. 2.5 GOVERNING LAW: is and any contract awarded hereunder will be governed by the laws of, and adjudicated in, the State of Colorado. The vendor agrees to comply with all applicable Federal, State and local laws, rules and regulations in its performance hereunder. 2.6 INDEPENDENT CONTRACTOR: THE SUCCESSFUL PROPOSER S SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR D NOT AS AN EMPLOYEE. NEITHER THE SUCCESSFUL PROPOSER(S) NOR ANY AGENT OR EMPLOYEE OF THE SUCCESSFUL PROPOSER(S) SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF TEH STATE. SUCCESSFUL PROPOSER(S). SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX AND ANY MONIES PAID PURSUANT TO CONTRACTS AWARDED AS A RESULT.OF THIS RFP. ISUCCESSFUL MPOYEES ARE NOT(ENT TLED1TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE THE SUCCESSFUL PROPOSER(S) OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUCCESSFUL PROPOSER(S) SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. SUCCESSFUL PROPOSER(S) SHALL PROVIDE AND KEET IN FORCE WORKER'S COMPENSATION (AND SHOW PROD OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE SUCCESSFUL PROPOSER, ITS EMPLOYEES NAD AGENTS. 2.7 INDEMNIFICATION: Successful roposer(s) promises to indemnify, save and hold harmless and defend the State, and all ag its employees and ents, acting officially or otherwise, from any and all liability, claims, demands actions, debts, and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of, all persons whatsoever, which mayy i occur, or s sustained in connection with the performance of work as a result of award of this RFP, or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of any such claims or actions. The State is prohibited from indemnifying the successful contractor(s) by law. 2.8 SPECIAL PROVISIONS: