(RFP) - Terminal Operator Services for the Statewide Fingerprint ...

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RFP APPENDIX A, SAMPLE CONTRACT STATEWIDE FINGERPRINT IMAGING SYSTEM (SFIS) TERMINAL OPERATOR SERVICES Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule. As used in this Paragraph, the term "Subcontractor(s)" means Subcontractor(s) at any tier. 8.42.4 If, after the County has given notice of termination under the provisions of this Subsection 8.42, it is determined by the County that the Contractor was not in default under the provisions of this Subsection 8.42, or that the default was excusable under the provisions of subparagraph 8.42.3, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Subsection 8.41, Termination for Convenience. 8.42.5 The rights and remedies of the County provided in this Subsection 8.42 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.43 TERMINATION FOR IMPROPER CONSIDERATION 8.43.1 The County may, by written notice to the Contractor, immediately terminate the right of the Contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the Contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the Contractor’s performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of default by the Contractor. 8.43.2 The Contractor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor-Controller's Employee Fraud Hotline at (800) 544-6861. 100
RFP APPENDIX A, SAMPLE CONTRACT STATEWIDE FINGERPRINT IMAGING SYSTEM (SFIS) TERMINAL OPERATOR SERVICES 8.43.3 Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts. 8.44 TERMINATION FOR INSOLVENCY 8.44.1 The County may terminate this Contract forthwith in the event of the occurrence of any of the following: • Insolvency of the Contractor. The Contractor shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not the Contractor is insolvent within the meaning of the Federal Bankruptcy Code; • The filing of a voluntary or involuntary petition regarding the Contractor under the Federal Bankruptcy Code; • The appointment of a Receiver or Trustee for the Contractor; or • The execution by the Contractor of a general assignment for the benefit of creditors. 8.44.2 The rights and remedies of the County provided in this Paragraph 8.45 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.45 TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST ORDINANCE The Contractor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the Contractor, shall fully comply with the County’s Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the Contractor or any County Lobbyist or County Lobbying firm retained by the Contractor to fully comply with the County’s Lobbyist Ordinance shall constitute a material breach of this Contract, upon which the County may in its sole discretion, immediately terminate or suspend this Contract. 8.46 TERMINATION FOR NON-APPROPRIATION OF FUNDS Notwithstanding any other provision of this Contract, the County shall not be obligated for the Contractor’s performance hereunder or by any provision of this Contract during any of the County’s future fiscal years unless and until the County’s Board of Supervisors appropriates funds for this Contract in 101
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REQUEST FOR PROPOSALS STATEWIDE FIN
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APPENDIX D REQUIRED FORMS STATEWIDE
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STATEWIDE FINGERPRINT IMAGING SYSTE
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APPENDIX E TRANSMITTAL FORM TO REQU
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APPENDIX G - 1 NOTICE OF INTENT TO
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APPENDIX H Vendor Name: Solicitatio
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APPENDIX J LISTING OF CONTRACTORS D
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APPENDIX K Page 2 of 5 Title 2 ADMI
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Title 2 ADMINISTRATION DETERMINATIO
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APPENDIX N Page 1 of 2 BACKGROUND A
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