HomeMy WebLinkAbout1979-01-22 124 AG ORDER129 AC
Introduced by Councilor zerxlzias, Januar, 22,
1979
CITY OF BANGOR
(TITLE) (Prberi Authorizing and Directing the City Manager to m ecutss
Transit District Promotional Contract
By the Cft Council of the 04 ofBuspor:
OBDBBBD,
TMT, the City Manager is hereby authorized and directed to sign on
behalf of the City of Bangor the Transit District Promotional Contract, a
copyof which is on file in the Office of the City Clerk.
STATRUMf OF FACT: Under this contract the office
'if 'Bnergy Resources of the StateofMaine will make
$16,000 available to the City of Bator to promote
e of the bus system as being me form of energy
conservation.
IN CITY -COMM SAMIAn 22,1979 126 AG _
ORDER
PASSED
Title,
V M<�`. ,,, AUTHORI2ING AND DIRECTINGT,i@ CITY IMNAGKR
CITY CLERK EEECUTE TRANSIT DISTRICT PROMOTIONAL CONTRACT
-.......................................
oduced and filed by
Co ilnun
JOm
ms,ml
sum m Me"
Examine Dam emem
OFFICE OF ENERGY RESOURCES
55WWi mcsc
Puway. Mine Wi30
1IM13W 3, 98
January 12, 1979
Mr. Talbot AVerill
Director
Penobscot Valley Regional Planning Commission
31 Central Street
Bangor, A2 04401
Dear Toby
Enclosed please find the contract for the implementation of the transit
district promotion projects. All three copies should be signed by the
appropriate official for the City of Bangor and returned to me. We will
then send it through the channels for final approval.
1f you have any questions, please feel free to call.
Sincerely,
Richard
Conservation
B. n Program
Canservatlon Programs Supervisor
BBD/w
Enc. (3)
sate of Mine l o4 AP
STANDARD ACREEPENT
1. Appropriation Number 3026-1281 4. Contract Number 1281-400-2
2. Dollar Amount 6,000.00 AS. Encumbrance Number
3[ Termination Date Denember 31, 1979 *6. Date Received
TRIS AGREEMENT, made this 9th day of January 1979 , by and between
the State of Mine, Office.of Energy Res , hereinafter called "Department"
and The City of Bangor, Maine , hereinafter called "Contractor'.
The type of organization of the Contractor is:
1. An individual doing business a
_2. A partnership.
3. A corporation.
X 4. Other: A
The principal office of the Contractor is located at (No., Street, City, State, ZIP)
The Employer Identification number of the Contractor is 01-6000020
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the Department, the Contractor hereby agrees with
the Department to furnish all qualified personnel, facilities, materials and services and
n
in consultation with the Department, perform the services, study or project described in
Rider A. The following riders are hereby incorporated into this contract by reference:
Rider A - Specifications of Work to be Performed
Rider B - Payment and other Provisions
IN WITNESS WHEREOF, the Department and the Contractor, by their representatives Holy
authorized, have executed this agreement in triplicate originals as of the day and year
first above written.
State of rains Office of Energy Resources
Authorized Signature
Jahn Joseph. Acting Director
Typed Mae and Title
Approved as to Form:
Attorney General
By:
*For use of the Huteau of Accounts 6 Control
Authorized Signature
Typed Name and
RIDER A
I. Foods provided by the Department shall be used by the Contractor to
ensure performance of the services and preparation of the products
outlined herein.
A. User Information System
The Contractor shall design, prepare and distribute not less
than 3,000 copies of acap of the public transit system service
routes for the service area of the System and not less than 10,000
copies of schedules for that public transit system.
S. Advertising and Marketing Program
1. Television Advertising: The Contractor shall sponsor n
less than too (2) television advertisements per week in-
forming the public of the services provided by the public
transit system.
2. Radio Advertising: The Contractor shall sponsor no less
than ten (30) radio advertisements per week informing the
public of the services provided by the public transit sys-
tem.
3. Newspaper Advertising: TheContractor shall sponsor no
less than two (2) newspaper advertisements informing the
public of the servicesprovidedby the public transit sys-
tem.
c. Advertising Consultation: Ruder conditions provided i
Section of Rider S of this Contract, the Contractor may
retain an advertising consultant for assistance in com-
pleting tasks 1, 2, and 3 outlined above.
5: Promotion of Energy Conservation: Any advertisement spot -
red with funds provided by this Contract shall reference
the useof the public transit system as being one form of
energy conservation. -
C. Final Report
At least one (1) month prior to the termination date of this Con-
tract, the Contractor shall provide a written report to the De-
partment discussing the effectiveness of the activities outlined
above. This report shall contain, as a minimum:
1. A narrative discussion of each segment of the program.
2. A monthly summary of transit system usage including paying
and non-paying at subsidized ridership.
3. A delineation of programs which should be continued, added,
or deleted should funding become available for similar ac-
tivities in subsequent years.
State of Baine
RIDER B
Payment and Other Provisions
1. CONTRACT SM. The Department shall pay the Contractor far the performance of
the contract in current funds the s of $16.000.00 (Sixteenthousand)
Progress paymentsaccount of thecontractshall be made each o arter
s follows: 90% of
thes
value of the work performed a certified by the Contract
Administrator. The remaining 102 shall be paid afterthe final contract products
e delivered to the Department and accepted by the Department, in writing.
2. INVOICES AND IMPROPER. Payment shall be made by the Department within 15 days
after receipt of an approved itemized invoice submitted by the Contractor upon
his usual billing forma or business letterhead.
3. INDEPENDENT CAPACITY. The parties hereto agree that the Contractor, and any
agents and employees of the Contractor, in the performance
of this agreement,
shall act in an independent capacity and not as officers or employees or
agents of the State.
4. CONTRACT ADMINISTRATOR. All invoices, progress reports, correspondence, and
related submissions it= the Contractor shall be directed tof
NAME:
TIME:
ADDRESS:
John Joseph, Acting Director
;who is designated as the Contract Administrator an behalf of the Department
for this Contract.
5. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall be the Department's
representative during the period of this agreement. He has authority to atop the
work if n n
necessary to Insure its proper execution. He shall certify t the Depart-
ment when payments under the contract are due and the a to be paid. He shall
make decision all claims of the Contractor, subjecttothe approval of the Head
of the Department.
6. CHANGES IN THE WORK. The Department may order changes in the work, the contract
um being adjusted accordingly. All such orders and adjustments shall be in
writing. Claims by the Contractor for cocoa cost must be made in writing and
signed by the Contract Administrator before executing the work involved.
I. PERIOD OF PERPORMANCE. The Contractor shall:
A. Work when called by the Department.
B. Use due diligence to complete the work within a reasonable time.
% C. Complete the work no later than fiat 31 loon
_D. If the work is not completed by , Contractor
shall pay Department as follows
A. SUBCONTRACTS. Unless provided for in this contract, no ontract shall be made by
the Contractor with any other party for furnishing any of the work or services
herein Contracted for without the consent, guidance and approval of the Contract
Administrator. Any subcontract hereunder entered into subsequent to the e -
tion of the contract moat be annotated "approved" by the Contract Administrator
State of Maine
before it is reimbursable hereunder. This provision will not be taken as
re-
quiring the approval of contracts of employment between the Contractor and his
employees assigned for serviced thereunder.
9. SUBLETTING, ASSIGNORMT OR TRANSFER. Me Contractor shall not sublet, sell, transfer, ,
sign, or otherwise dispose of this agreement or any portion thereof, o of his
right, title or interest therein, without written request to and written consent
of the Contract Administrator, except to a bank. No subcontracts or transfer of
agreement Shall in any case release the Contractor of his liability under this
agreement.
10. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the Contrac-
tor agrees as follows:
A. The Contractor will not discriminate against any employee orapplicant for em-
ployment relating to this agreement because of race, color, religious creed, sa ,
national origin ancestry, age s r physical handicap, unless related toa bona
c
fide occupational qualification. The Contractor will takeaffirmative actin to
insure that applicants are employed and employees are treated during employment,
without regard to their race, color, religion. sex, age or national origin. Such
action shall include but not be limited to the following employment, upgrading,
demotions, or transfers; recruitment o recruitment advertising; layoffs r tex-
vatins; rates of pay o other forms ofcompensatin; and selection for train-
ing including apprenticeship. The Contractor agrees to poet in conspicuous
places available to employees and applicants for employment notices setting forth
the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertising for employees placed by
or on behalf of the Contractor relating to this agreement, State that all quali-
fied applicants will receive consideration for employment without regard n race,
colo[, religious creeds sex, national origin, ancestry, age, or physical handicap.
C. The Contractor will send to each labor union or representative of the workers
with which he has a collective or bargaining agreement, or other contract orun-
derstanding, whereby he is furnished with labor for the performance of this son -
trust, a notice, to be provided by the contracting department or agency, advising
the said labor Orion orworkers' representative of the Contractor's commitment
under this section and shall post copies of the notice in conspicuous places
available to employees and to applicants for employment.
d. The Contractor will cause the foregoing provision to be inserted in any subcon-
tracts for any work covered by this agreement so that such provisions shall be
binding upon each subcontractor, provided that the foregoing provisions shall not
apply tow
xncontracts or subcontracts for standard commercial supplies or raw mate-
rials. Me Contractor, o any sub-c[raetox holding a act directly under
the Contractor, Shall, to the maximum feasible, list allsuitableemployment
openings with the Maine Employment Security Commission. Chia provision shall not
apply to employment openings which the Contractor, or any sub -contractor holding
contract under the Contractor, proposes to fill from within its own organr-
tion. Listing of such openings with the Employment Service Division of the Maine
Employment Security Commission shall involve Only the normal obligation which
attach to such listings.
11. EMPLOMMCRT ANO PERSONNEL. The Contractor shall not engage on a full-time, part-
time or other basis during the period of this agreement, any professional or
State of Won
I
technical personnel who are
r have been at any time during the period of this
n
agre t in the employ of any State Department or Agency, except regularly
retireds
employees, without the written consent of the publiemployer of such
person. Further, the Contractor shall not engage on this project on a full-
time, part-time or other basis during the period of this agreement any retired
employee of the Department who has not been retired for at least one year,
without the written consent of the Contract ]review Committee.
12. STATE MUNOYEES NOT TO BENEFIT. No individual employed by the State at the
time this contract is executed or any time thereafter shall be admitted to any
share or part of this contract r to any benefit that may arise therefrom
directly or indirectly due tohis employment by or financial interest in the
Contractor orany affiliate of the Contractor. Thin provision shall not be
construed to extend to this contract if made with a corporation for its general
benefit.
13. WAEFANTY. Me Contractor warrants that it has not employed or written any
company or person, other than a bona fide employee working solely for the
Contractor to solicit or secure this agreement, and that it has not paid,
or agreed to pay any company or person, other than a bona fide employee work-
ing solely for the Contractor any fee, commission, percentage, brokerage fee,
gifts, o any other consideration. contingent upon, or resulting from the
and for making this agreement. For breach of violation of this warranty,
the Department shall have the right t annul this agreement without liability
in its discretion to deduct from thecontract t pri nsideration, o
a
Otherwise r the full amount of such fee, commission, percentage, brokerage
fee, gifts, or contingent fee.
16. ACCESS TO RECORDS. Me Contractor shall maintain all books, documents, payrolls,
papers, accounting records and other evidence pertaining to cost incurred under
this agre ent and to make such materials available at their offices at all
s
nable times during the period of this agreement and for three years from
the date of the expiration of this agreement, for inspection by the Department
or r
any authorized representative of theState of Naive and copies thereof shall
be furnished,if requested.
15. TERMINATION. The performance of work under the contract may be terminated
by the Department i whole, or, from time to time, in pert whenever for any
reason the Contract Administrator shall determine that such termination is
in the best interest of the Department. Any such termination shall be
effected by delivery to the Contractor of a Notice of Termination specifying
the extent to which performance of the work under the contract is terminated
and the date on which such termination becomes effective. The contract shell
be equitably adjusted to compensate for such termination and the contract
modified accordingly. in any event, this contract shall terminate on
December 31, , 1979
16. GOVEANMPITT EEQNIREMENTS. The Contractor warrants and represents that all
goveromeatal ordinances, laws and regulations shall be complied with.
17. INTERPRETATION AND PERFORMANCE. This agreement shall be governed by the laws
of the State of limine as to interpretation and performance.
18. OWNERSHIP. All notebooks, plans, working papers, or other work produced in
the performance of this contract are the property of the Department and upon
request shall be turned over to the Department.
`StaEe of Maine
V
19. STATE HELD itsHARMLESS.
officers,
1T¢ agents
agrees to indemnify, defend and save harmless
the State. Ire officers, agents and employees from any and all [lemma and leases
accruing o any
other
to any and all contractors, subcontractors, or supplmaterying
work,
services,
and orhec per firm o connection
with the
o euoflying cork,
materials and al o aimssupplies
nd in c action with the performance of person,
contract,
and from any and all claims and las accruing o resulting to any per farm
or corporation nM10 may be Injured o[ damaged by ng costs and expenses, in the pfor violat of
[fila contract and against any hts, err, hts of pr costs and iguto for violation
of proprtranslation,
r rightsproduc, copon, delivery,
o [fshre of privacy, arising ion of pubany daatiov,
translation, reproduction, delivebased on any lib u r disposition of any data
contained order such
contract or based on any libelousorother unlawful matter
contained in such data.
20. APPROVAL BY STATE OFFICIALS. This contract is subject to the approval of the
Maine Attorney General's Office, the Contract Review Co®iteee and the State
Controller before it can be considered as a valid, executionable document.
21. ENTIRE AGREERIPT. This contract contains the entire agreement of the parties, and
neither party shall be bound by any statement or representation not contained herein.
..z.a of rine
:Tr"151'� n,a
1. Appropriation Number 36?000Ao *4. Contract
tnNumber Number
1281-400-2
2. Dollar Amour[
3. Termination Date December 31, 1979 *6. pare Received
TRIS AGENNE;NT, made this 9th day of January 1979 , by and between
the State of Naive, Office of Energy Resources , hereinafter called "Department"
and The City of Bangor, Maine , hereinafter called "Contractor".
Me type of organization of the Contractor is.
1. An individual doing business a
—2. A p2xtnersbip.
—3, q corporation.
X4. Other:
Me principal office of the Contractor is located at (No., Street, City, State, ZIP)
The Employer Identification number of the Contractor is 01-6000020
CITN£SsEn: net for and in consideration of the payments and agreements hereinafter
mentioned, to be made and perforved by the Department, the Contractor hereby agrees with
the Department to fnroish all qualified personnel, facilities, materials and services and
in consultation with the Department, perform the services
i study or project described i
Rider A. Me following rider a hereby incorporatedinto this contract by reference:
Rider A - Specifications of Work to be Performed
Rider B - Payment and Other Provisions
IN WITNESS WHEREOF, the Department and the Contractor, by their representatives duly
authorized, have executed this agreement in triplicate originals as of the day and year
first above written•
State of naine Office of Enez v Resour
ces
BY:
Authorised Signature
John Jose h Act ,Wrect
Typed Name and Title
Approved as to Form:
Attorney General
By:
*for use of the Bureau of Accounts 6 Control
Contractor Name
signature
Typed Name and Title
RIDER A
I. Funds provided by the Department shall be used by the Contractor to
assure perform of the services and preparation of the Products
outlined herein.
A. User Information System
The Contractor shall design, prepare and distribute not less
than 3,000 copies of a map of the public transit system service
routes for the service area of the System and not less than 10,000
copies of schedules for that public transit system.
B. Advertising and puckering PrORram
1. Television Advertising: The Contractor shall sponsor
less than two (2) television advertisements per week iv
forming the public of the services provided by the public
transit system.
2. Radio Advertising: The Contractor shall sponsor no leas
"than ten (10) radio advertisements per week informing the
public of the services provided by the public transit sys-
tem.
3. Newspaper Advertising: The Contractor shall sponsor to
less than two (2) newspaper advertisements informing the
public of the services provided by the public transit sys-
4. Advertising Consultation: Under conditions provided in
section of Rider B of this Contract, the Contractor may
retain an advertising c0asultapt for assistance in cols -
plating tasks 1, 2, and 3 outlined above.
3 promoearedtwith funds ion of rpovided by this Contractashall referegy Conservion; Any avrtismumpt nce
theeof the public transit system as being one form of
energy conservation.
C. Final Report
At least on e (1) month prior to the termination date of this Con -
act, theContractor shall provide a written report to the De-
partment discussing the effectiveness of the activities outlined"
above. This report shall contain, as a minimum.
1. A narrative discussion of each segment of the program.
2. A monthly summary of transit system sage including paying
and non-paying orsubsidized ridership.
3. A delineation of programs which should be continued, added,
r deleted should funding become available for similar ac-
tivities in subsequent years.
'Sjste of Maine
3. CONTRACI 5UM. Me Department shall pay the Contractor for the performance of
the contract in current funds the am of $16.000.00 (Slxteem thousand)
Progress paymen account of the contract shall be made each guagr
s follows:- 90% of thes
value of the work performed a ertifiedby the Contract
Administrator. The remaining SOX shall be paid afterthe final contract products
e delivered to the Department and accepted by the Department, in writing.
2. INVOICES AND PAYLENTS. Payment shall be made by the Department within 15 days
after receipt of an approved itemized iBvolce submitted by the Contractor upon
his usual billing forms or business letterhead.
3. INDEPENDENT CAPACITY. The parties hereto agree that the Contractor, and any
agents and emnloyees of the Contractor, in the performance of this agreement,
$ball act in an independent capacity and not as officers or employees or
agents of the State.
4. CONTRACT ADMINISTRATOR. All invoices, progress reports, correspondence, and
related submissions from the Contractor shall be directed to.
NAME:
TITLE:
ADDRESS:
Jahn Joseph, Acting Director
;who is designated as the Contract Administrator on behalf of the Department
for this Contract.
5. DEPAATHENT'S REPRESENTATIVE. The Contract Administrator shall be the Department's
representative during the period of this agreement. He has authority to stop the
ark if necessary to insure its proper execution. He shall certify to the Depart-
ment
ent whens
Yayme under the contract aamounts the to be paid. He shall
make decisions on all claims of the Contractor, subject to the approval of the Head
of the Department.
6. CHANGES IN THE WORK. The Department may order changes in the work, the contract
are, being adjusted accordingly. All such orders and adjustments shall be i
writing. Claims by the Contractor for extra cost most be made in writing and
Signed by the Contract Administrator before executing the work involved.
I. PERIOD OF PERPORMAHCE. The Contractor shall:
_A. Work when called by the Department.
B. Use due diligence to complete the work within aso nable time.
% C. Complete the work no later than her 31. 19lg
_D. If the work is not completed by , Contractor
shall pay Department as follows
S. SUBCONTRACTS. Unless provided for in this contract, no contract
shall be made by
the Contractor with any other party for furnishing any of thework o
hereinacted for without the c c
consent, guidance and approval of theContract
Administrator. Any subcontract hereunder enteredinto subsequent to the execu-
tion of the contract must be annotated "approved" by the Contract Administrator
BIDER 3
Payment
and Other
Provisions
3. CONTRACI 5UM. Me Department shall pay the Contractor for the performance of
the contract in current funds the am of $16.000.00 (Slxteem thousand)
Progress paymen account of the contract shall be made each guagr
s follows:- 90% of thes
value of the work performed a ertifiedby the Contract
Administrator. The remaining SOX shall be paid afterthe final contract products
e delivered to the Department and accepted by the Department, in writing.
2. INVOICES AND PAYLENTS. Payment shall be made by the Department within 15 days
after receipt of an approved itemized iBvolce submitted by the Contractor upon
his usual billing forms or business letterhead.
3. INDEPENDENT CAPACITY. The parties hereto agree that the Contractor, and any
agents and emnloyees of the Contractor, in the performance of this agreement,
$ball act in an independent capacity and not as officers or employees or
agents of the State.
4. CONTRACT ADMINISTRATOR. All invoices, progress reports, correspondence, and
related submissions from the Contractor shall be directed to.
NAME:
TITLE:
ADDRESS:
Jahn Joseph, Acting Director
;who is designated as the Contract Administrator on behalf of the Department
for this Contract.
5. DEPAATHENT'S REPRESENTATIVE. The Contract Administrator shall be the Department's
representative during the period of this agreement. He has authority to stop the
ark if necessary to insure its proper execution. He shall certify to the Depart-
ment
ent whens
Yayme under the contract aamounts the to be paid. He shall
make decisions on all claims of the Contractor, subject to the approval of the Head
of the Department.
6. CHANGES IN THE WORK. The Department may order changes in the work, the contract
are, being adjusted accordingly. All such orders and adjustments shall be i
writing. Claims by the Contractor for extra cost most be made in writing and
Signed by the Contract Administrator before executing the work involved.
I. PERIOD OF PERPORMAHCE. The Contractor shall:
_A. Work when called by the Department.
B. Use due diligence to complete the work within aso nable time.
% C. Complete the work no later than her 31. 19lg
_D. If the work is not completed by , Contractor
shall pay Department as follows
S. SUBCONTRACTS. Unless provided for in this contract, no contract
shall be made by
the Contractor with any other party for furnishing any of thework o
hereinacted for without the c c
consent, guidance and approval of theContract
Administrator. Any subcontract hereunder enteredinto subsequent to the execu-
tion of the contract must be annotated "approved" by the Contract Administrator
State of Maine
before i reimbursable hereunder. linis provision will not be taken a r-
quiring the approval of contracts of employment between the Contractor and his
employees assigned for services thereunder.
9. SUBLETTING, ASSIGNMENT OR TRANSFER. The Contractor shall not sublet, sell, transfer,
assign, or otberwise dispose of this agreement oY any portion thereof, o of his
right, title or Interest therein, without written request to and written consent
of the Contract Administrator, except to a bank. NO subcontracts or transfer of
agreement shall in any case release the Contractor of his liability under this
agreement.
10. EQUAL EMPLOYMENT OPPORTU ilTY. During the performance Of this contract, the Contrac-
tor agrees as follows:
a. The Contractor will not discriminate against any employee O applicant for em-
ployment
-
ployment relating to thisagreement ent because of r color, religious creed, sex,
national origin, ancestry, age or physical handicap, unless related to a bona
fideccupatlonal qualification The Contractor will take affirmative action to
insure that applicants ere employed and employees are treated during employment,
without regard to their race, color, religion, sex, age or
national origin. Such
action shall include but not be limited to the following:employment, upgrading,
demotions, or transfers; recruitment r
[ o recruitment advertising; layoffs or ter -
interims; r of pay o other Oram Ofcompensation; and selection fox train-
ing includingapprenticeship. The Contractor agrees to poo n conspicuous
plat available to employee and applicants for employment notices setting forth
the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertising for employees placed by
or n behalf of the Contractor relating to this agreement, state that all quali-
fied applicants will r consideration foremployment without regard t race,
color, religi s creedec ex, national origin, ancestry, age, or physical handicap.
c. The Contractor
will send to each labor union o representative of the workers
with which chehas a collective or bargaining agre ent, o r
other contract o -
derstanding, whereby he s furnished with labor for the performance of this c -
tract,
notice, to be provided by the contracting depax ent o agency, advising
thero
said labor union workers' representative of the Contractor's commitment
under this section and shall post copies of the notice in conspicuous sPlaces
available to employees and to applicants for employment.
a. The Contractor will cause the foregoing provisions to be inserted in any subcon-
tracts for any work covered by this agreement s that such provisions shall be
binding upon each subcontractor, provided that the foregoing provisions shall not
apply to contracts or subcontracts for standard commercial supplies or rawmate-
rials. e contractor, o n
any sub -contractor c
x holdings
contract directly
Thunder
the Contractor, shall, to the maximum feasible, list all suitable employment
openings with the Maine Employment Security Commission. This provision shall not
apply to employment openings which the Contractor, or any sub -contractor holding
contract under the Contractor, proposes to fill from within its Own Organiza-
tion. Listing of such openings with the Employment Service Division of the Maine
Employment Security Commission shall involve Only the normal obligations which
attach to such listings.
11. EYPUYMENT AND PERSONNBt. The Contractor shall not engage on a full-time, part-
time or other basis during the period of this agreement, any professional or
State of Raine
ethnical personnel who are
r have been at any time during the period of this
agreement i the employ of any State Department or Agency, except regularly
retired employees, without the written consent
ent of the public employer of such
per Further, the Contractor shall not engage on this project On a full-
time, part-time or other basis during the period of this agreement any retired
employee of the Department who has not been retired for at least one year,
without the written consent of the Contract Review Committee.
11. STATE EMPLOYEES NOT TO BENEFIT. No individual employed by the State at the
time this contract is executed or any time thereafter shall be admitted to any
share or part of this contract
rm
act or to any benefit that may arise therefro
directly o indirectly due to his employment by or financial an the
r
Con any affiliate of the Contractor. This provision shall not be
construed to extend to this contract if made with a corporation for its general
benefit.
13. WARRANTY. The Contractor warrants
ants that it has not employed o anywritten
company or per other than a bona fide employeewcorking solely for the
Contractor to solicit o secure this agreement, and that it has not paid,
or agreed to pay any company Or person, other than a bona fide employee work-
ing solely for the Contractor any fee, commission, percentage, brokerage fee,
gifts, Or any other consideration, contingent upon, or resulting from the
mrd for making this agreement. For breach of violation of this warranty,
the Department shall have the right t annul this agreement without liability
in its discretion to deduct from the contract price o sideration, o
e
otherwise r the full amount of such fee, commission, percentage, brokerage
fee, gifts, or contingent fee
14. ACCESS TO RECORDS. The Contractor shall maintain all books, documents, payrolls,
papers, accounting
c
ing records and other evidence pertaining to cost incurred under
this agreement end t makesuch materials available s their offices at all
reasonable times during thea
period of this agreement and for three years from
the date of the expiration of this agreement, forinspection by the Department
Or any authorized representative of the Stare of Malne and copies thereof shall
be £um ished, if requested.
15. TERNINATIOA. Me performance of work under the contract may be terminated
by the Department inwhole, or, from time to time, in part whenever for any
the Contracte
Administrator shall determine that such termination is
in the best interest of the Department. Any such lamination shall be
effected by delivery to the Contractor of a Notice of Termination specifying
the extent to which performance of the work under the contract is terminated
and the date w which such termination becomes effective. The contract shall
be equitably adjusted to compensate for such termination and the contract
modified a cordingly. In any event, this -contract shall terminate an
December al, , 1979
16. GOVERNMENT REQUIR3HENTS. Me Contractor warrants and represents that all
governmental ordinances, laws and regulations shall be complied with.
17. INTERPRETATION AND PERFORNANCS. This agreement shall be governed by the laws
of the State of waine as to interpretation,and performance.
18. OWNERSHIP. All notebooks, plans. working papers, or other work produced i
the performance of this contract are the property of the Department and upon
request shall be turned over to the Department.
y
State of ifain¢ '
19. SIATE HELD HARMLESS_ Me Contractor agrees to indemnify, defend and save heroines
the $tate, its officers, agents and employees from sty and all claims and losses
accruing or
resulting to any and all contractors, subcontractors, materialmen,
laborers and any other person, firm or corporation furnishing or supplying work,
materials o supplies connection with the performance of this contract,
and from any and all claims and losses accruing or
resulting to any person, firm
or corporation who may be injured or damaged by the Contractor in the performance of
this contract and against any liability, including costs and expenses, for violation
r
of proprietary rights, copyrights, o rights of privacy, arising cut of publication,
translation, reproduction, delivery, performance, use r disposition of any data
furnished under this contract or basedmeany libelous or other unlawful metier
contained in such data.
30. APPROVAL BY STATE OFFICIALS. This contract is
subject to the approval of the
Maine Attorney General's Office, the Contract Review Committee and the State
Controller before it can be considered as a valid, executionable document.
31. ENTIRE AGREEMENT. This contract contains the entire agreement of the parties, and
neither party shell be bound by any statement or representation not contained herein.