Request For Proposal (rfp) #


The Respondent has not received compensation for participation in the preparation of the specifications for this RFP



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The Respondent has not received compensation for participation in the preparation of the specifications for this RFP.

E. Respondent warrants that the Respondent will not engage in employment practices that have the effect of discrimination against employees or prospective employees because of age, religion, race, color, sex, disability, or national origin and will submit a report as __________ may hereafter require to assure compliance.


F. The Respondent agrees to and will comply with all applicable federal and state statutes, rules, and regulations.
G. Sales tax is not applicable to any parts, material, labor or specialized service furnished hereunder on all amounts becoming payable by ____ to the Respondent under this Agreement.
H. To the extent applicable laws, regulations, court orders, or official interpretations require ______ to include additional language in its contracts, the Respondent agrees to amend this Agreement and to cooperate in the execution of any amendment to this Agreement necessary to effectuate such laws, regulations, court order, or official interpretations.
I. Respondent authorizes __________to submit any information contained in the Agreement, provided under the Agreement, or otherwise requested to be disclosed, including information Respondent has labeled as confidential proprietary information. If ________ does not have a good faith belief that information may be subject to an exception to disclosure, _____ is not obligating itself to submit the information for a decision on disclosure. If ____ reasonably believes that the requested information is not excepted from required disclosure, _____will proceed to promptly produce the requested public information to the requestor. It shall be the responsibility of the Respondent to make any legal argument or appropriate court of law regarding the exception of the information in question from disclosure. Respondent waives any claim against and releases from liability _____, its trustees, officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Agreement or otherwise created, assembled, maintained, or held by Respondent and determined by a court of law to be subject to disclosure.
J. The Respondent shall promptly notify _____ in the event that any representations and warranties provided herein are no longer true and correct. Respondent acknowledges that all of its representations and warranties contained in any part of the agreement are material and have been relied upon by ____ in selecting the Vendor to provide the services specified herein and in entering into this Agreement with the Respondent. Further, the Respondent warrants and represents that all of its statements and representations made prior to being selected to provide the services specified herein, and made herein and during the negotiation of this Agreement, are material, true and correct.

7. Historically Underutilized Business/ Good Faith Effort Program

The goal of this program is to promote fair and competitive business opportunities for all businesses contracting with _____________. _______________ encourages all businesses to subcontract with and assist HUBs whenever possible.

8. Governing Law
Respondent shall comply with all applicable federal and state statutory rules and regulations. All contracts shall be governed by and all disputes between the parties construed under the laws of the State of Virginia.
Each and every right granted to the parties hereunder or under any other document delivered hereunder or in connection herewith, or allowed them by law or equity, shall be cumulative and may be exercised from time to time. No failure on the part of either party to exercise and no delay in exercising any right will operate as a waiver thereof, nor will any single or partial exercise thereof or the exercise of any other right.
No agreements will be binding until _____________ has awarded the Contract and the Purchasing Manager or other person authorized by ___________ has signed the Contract.
9. Personnel

It is expressly understood and agreed by both parties hereto that _____ is contracting with the Vendor as an independent Contractor and neither the Vendor nor its employees shall be considered employees of _____ for any purpose. Although _____ may give general information, review and comment on the work product of the Vendor, the Vendor shall fully control and be responsible for the manner and method of performance and the accuracy and completeness of the work product of the Vendor. The Vendor is not acting in a fiduciary capacity to _______. Any payments or other benefits accruing to the Vendor which may be similar to payments or benefits available to employees of ____ have been determined by _____ to be the method of contracting that involves the least expense to itself. ______ shall not be liable to the Vendor, its employees, agents, or others for the provision of unemployment insurance or worker’s compensation coverage to the Vendor, its employees, agents or others.


INDEPENDENT CONTRACTOR: Vendor shall understand and agree that the vendor’s personnel are independent contractors while providing the services required pursuant to this RFP. It is expressly understood and agreed that personnel assigned by the vendor to perform any services hereunder are employees of the vendor, and are not employees of _____ for any purpose. Therefore, as an independent contractor, the Vendor agrees that its employees are not eligible for or entitled to receive any retirement benefits, or any insurance benefits, or any other kind of benefit ordinarily provided by ____________.
The Vendor shall not assign its rights under this Contract or delegate the performance of its duties under this Contract without prior written approval from _________.

10. Travel


____ will not pay for any Vendor staff travel, housing, transportation, meals or any other cost of that nature for Vendor staff unless such travel is performed specifically at ____ direct request. Such travel cost shall be reimbursed subject to _________ rules and at the rates specified for travel by ______ own classified employees. Any claim for travel reimbursement by the Vendor shall be submitted in accordance with the rules prescribed by ____________ travel policy.
11. Vendor Indemnifications


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