AWS NATIONAL ACCOUNTS 1-2004 - Laserfiche WebLink

Home Browse Search

CALIFORNIA GENERAL PROVISIONS FOR WESTERN STATES CONTRACTING ALLIANCE AT &T W IRELESS 1. Applicable Law This contract shall be governed by and shall be Interpreted in accordance with the laws of the State of California; venue of any action brought with regard to this contract shall be in Sacramento County, Sacramento, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this contract. 2. Assignment This contract shall not be assignable by the contractor in whole or in part without the written consent of the State. For the purpose of this paragraph, State will not unreasonably prohibit contractor from freely assigning Its right to payment, provided that contractor remains responsible for its obligations hereunder. Should the State desire financing of the assets provided hereunder, the contractor agrees to assign to a State - designated lender Its right to receive payment from the State for the assets in exchange for payment by the lender of the cash purchase price for the assets. Upon notice to do so from the State - designated lender at any time prior to payment by the State for the assets, the contractor will execute and deliver to the State - designated lender an assignment agreement and any additional documents necessary for fine State selected financing plan. The State - designated lender will pay the contractor according to the terms of the contractor's Invoice upon acceptance of the assets by the State. 3. Termination for Non - Appropriation of Funds a) If the term of this contract extends into fiscal years subsequent to that In which it is approved, such continuation of the contract is contingent on the appropriation of funds for such purpose by the Legislature. If funds to effect such continued payment are not appropriated, contractor agrees to take back any affected goods furnished under this contract, terminate any services supplied to the State under this contract, and relieve the State of any further obligation therefor. b) State agrees that if paragraph a) above is invoked, goods shall be returned to the contractor in substantially the same condition in which delivered to the State, subject to normal wear and tear. State further agrees to pay for packing, crating, transportation to contractor's nearest facility and for reimbursement to the contractor for expenses incurred for their assistance in such packing and crating. 4. Payment Provisions a) Required Payment Date Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 at seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted. undisputed invoices not more than 45 days after 1) the date of acceptance of goods or performance of services; or ii) receipt of an undisputed invoice -- whichever is later. b) Taxes Unless otherwise required by law, the State of California is exempt from Federal excise taxes. c) Invoices shall be submitted to the procuring agency. November 1, 2002 5. Violation of Copyright Laws Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. 6. Examination and Audit Contractor agrees that the State shall have the right to review and copy any records and supporting documentation pertaining to performance of this contract. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow Interviews of any employees or others who might reasonably have information related to such records. 7. Priority Hiring Considerations If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with PCC Section 10353. 8. Covenant Against Gratuities The contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the contractor, or any agent or representative of the contractor, to any officer or employee of the State with a view toward securing the contract or securing favorable treatment with respect to any determinations conceming the performance of the contract. For breach or violation of this warranty, the State shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the State in procuring on the open market any items which contractor agreed to supply shall be borne and paid for by the contractor. The rights and remedies of the State provided in this clause shall not be exclusive and are In addition to any other rights a nd remedies provided by law or in equity. 9. Nondiscrimination Clause a) During the performance of this contract, contractor and Its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment bemuse of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 at seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 10 -00115 1