ATTACHMENT C
STANDARD MASTER AGREEMENT
CONTRACT No:
SUPPLIER:
Address:
Contact:
Tel:
Fax:
THIS MASTER AGREEMENT BETWEEN DISTRICT AND SUPPLIER FOR THE PURCHASE OF
DIGITAL IMAGING DEVICES AND MULTIFUNCTION PRINTERS (“Master Agreement”) is entered into on this
day of
, 2016 by and between the LOS ANGELES COMMUNITY COLLEGE DISTRICT,
a community college district organized under the laws of the State of California (“District”) and the undersigned
Supplier (“Supplier”).
DEFINITIONS
Capitalized terms used in the Contract Documents shall have the meanings assigned to them in the
General Conditions. Capitalized terms not defined in the General Conditions shall have the meanings assigned to
them in, or if none is assigned as reasonably understood to apply to them by the context of, the portion of the
Contract Documents where such terms are used.
ARTICLE 1
GOODS
Supplier agrees to provide, on the terms set forth in the Contract Documents, the Goods described in
Attachment “A” hereto in strict accordance with the requirements of this Master Agreement and the other Contract
Documents, including, without limitation, the requirements of LACCD RFP 15-09: Digital Imaging Devices.
ARTICLE 2
TERM
The Term of this Master Agreement is three (3) years from the date of approval of this Master Agreement
by the Board of Trustees of the Los Angeles Community College District or until termination of this Master
Agreement by District in accordance with the provisions of Article 9 regarding General Conditions.
ARTICLE 3
COMPENSATION
3.1
PURCHASE PRICE
3.1.1
Purchase Price Amount. Supplier’s compensation for performance in accordance with the
Contract Documents is the Purchase Price, which is comprised of the unit price for the Goods as set forth
in Attachment “A”, plus Applicable Sales Taxes.
3.1.2
All-Inclusive Price.
Without limitation to the foregoing, the Purchase Price includes
compensation for delivery, set-up or any other fees, exclusive of taxes, of the Goods to the Destination at
the college specified on the Order, and as such are deemed free of any “destination in” charges to
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District, and all similar charges (including, without limitation, charges for delivery, shipping, drayage,
express, storage, parcel post, packing, cartage, insurance, license fees, permits, and bonds).
3.1.3
Exclusive Compensation. The Purchase Price constitutes the Supplier’s sole, exclusive and full
compensation for the performance by Supplier of its obligations under the Contract Documents and is
deemed to cover all Losses to the Supplier arising out of or related to the performance of such
obligations, the acts of the elements or any unforeseen difficulties or obstructions upon the Supplier’s
performance, all risks (including, without limitation, cost and market price escalation, from any cause
whatsoever) connected with the manufacture, shipment, delivery and storage of the Goods and any and
all expenses incurred due to Delay.
3.1.4
Applicable Sales Taxes. Applicable Sales Taxes shall be computed on the basis of the sales
tax percentage imposed by Applicable Laws on the sale of Goods multiplied times the unit price in Exhibit
“C” attached hereto. Unless otherwise required by Applicable Laws, Applicable Sales Taxes as a part of
the Purchase Price for Goods covered by an Order shall be computed as of the date of Receipt of Order
applicable to such Order. Such applicable sales taxes applied shall be in accordance with Article 9
regarding General Conditions.
3.2
ORDERING AND CANCELLATION
3.2.1
Content of Order. Supplier’s obligations with respect to Goods covered by an Order shall
commence upon Receipt of an Order setting forth the following: (1) a reference to this Master Agreement;
(2) a description of the Goods ordered; (3) a statement of the quantity of the Goods ordered; (3) the
Delivery Date; (4) the name and address of the District placing the Order; and (5) the Destination.
3.2.2
Separate Destinations. A separate Order shall be issued for each Lot of Goods ordered by
District for delivery to a different Destination.
3.2.3
Supplier Proposals. With respect to any Order placed by District, the District will not be bound
by any provisions contained in any of Supplier’s proposals, purchase orders, acknowledgements,
counter-offers, invoices, acceptances or other documents prepared by Supplier (whether or not attached,
referenced or incorporated in the terms of the Order) that contain terms or conditions that in any way
differ from or are an addition to the terms and conditions of the Order and this Master Agreement and
District’s failure to object to such different or additional provisions will not be deemed an acceptance of
such different or additional terms and conditions nor a waiver of the terms and conditions set forth in the
Order and this Master Agreement.
3.2.4
Cancellation Without Charge. The District shall have the right to cancel an Order, without
incurring any responsibility or liability to Supplier, in the following circumstances: (1) District shall have the
right to cancel any Order, or portion of an Order, of Goods, at no cost to the District and without any
charge or cancellation fee of any kind, provided that the District gives written notice to the Supplier of
such cancellation no later than one (1) Working Day prior to delivery by the Supplier; and (2) District shall
have the right, at no cost to the District and without any charge or cancellation fee of any kind, in the
event of a termination of an Order due to Supplier default to cancel the Order directly affected by such
default as well as any other outstanding Order that involves the purchase of Goods that, because of their
relationship to the Goods covered by the terminated Order, are rendered substantially less useful or
valuable to the District as a result of the such termination.
3.2.5
Cancellation with Charge. Orders cancelled by District for reasons other than those stated in
Paragraph 3.2.4, above, shall be subject to a restocking charge by Supplier in the amount of Not to
Exceed, Twenty five percent (10%) of the Purchase Price for such Goods. The foregoing cancellation
and restocking charge is the Supplier’s sole and exclusive compensation for such cancellation.
3.2.6
Current Goods/Obsolescence. Supplier will provide all new equipment to District at the earliest
possible point in time prior to the equipment being available for sale. This notice should be in a formal
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document presented to the District by the Supplier. If approved model(s) and/or feature(s) become
discontinued or unavailable during the term of the Agreement, Supplier will make reasonable commercial
efforts to present advanced written notification to the District of the discontinuation and need to substitute
such Goods.
ARTICLE 4
TIME
4.1
DELIVERY DATE
4.1.1
Delivery Schedule. Unless otherwise mutually agreed between the District and Supplier, the
Delivery Date set forth in an Order shall not be earlier than, but may be any time after, one (1) Day from
the date of Receipt of Order subject to confirmation by the an authorized representative of the District
during LACCD business hours and at a time which does not impact District operations.
4.2
DELAY IN DELIVERY
4.2.1
Time of Essence. Time is of the essence to the Completed Delivery of the Goods. District shall
have the right to refuse to accept and pay for a tender of Goods delivered after the Delivery Date.
4.2.2
Other Remedies. District shall have the right to refuse to accept and pay for a tender of Goods
delivered after the Delivery Date, in which case the District shall have the right to assess liquidated
damages for a reasonable time required to procure replacement goods from another Supplier. The
District’s exercise of its rights pursuant to this Section 4.2 to assess liquidated damages or to refuse to
accept and pay for any Goods shall not limit any right or remedy of the District in the event of any other
default by the Supplier (including, without limitation, failure to provide timely Notice of Shipment or Notice
of Delivery) other than a failure to meet a Delivery Date.
4.3
DELAY TO SUPPLIER
Supplier’s sole and exclusive right in the event of an Excusable Delay consists of an extension of time to the
applicable Delivery Date. The Supplier agrees to accept such extension of time as its sole and exclusive right and
remedy for Delay, regardless of cause (including, without limitation, any act or omission by the District constituting
negligence or breach of contract) in lieu of any and all other rights to recovery of Losses for Delay.
ARTICLE 5
PAYMENT
5.1
APPLICATIONS FOR PAYMENT
5.1.1
General. Applications for Payment for Goods covered by an Order shall be submitted by
Supplier to the College Business Office or the District’s Contracts and Purchasing Unit as applicable,
following Completed Delivery and issuance of Notice of Completed Delivery for the Goods described in
the Order. Separate Applications for Payment shall be submitted for each Order. Unless otherwise
authorized by the District in writing, Applications for Payment shall be permitted only after Completed
Delivery of the entire Lot, and not for portions of a Lot, designated in an Order. Based upon Applications
for Payment and other supporting documentation submitted by the Supplier in accordance with the
Contract Documents, and upon Certificates for Payment issued in accordance with the Contract
Documents, the District shall make payments of undisputed sums to the Supplier as provided in Sections
5.2 and 5.3, below, and elsewhere in the Contract Documents
5.1.2
Content of Application. Each Application for Payment shall specify with respect to the Goods
covered by such Application the following:
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5.1.2.1
A description of the Goods covered by the Order;
5.1.2.2
The dates of (1) Completed Delivery, and (2) issuance of the Notice of Completed
Delivery;
5.1.2.3
The (1) quantity of such Goods included in the current Application for Payment; and
(2) the total quantity of Goods ordered under the Master Agreement (calculated by
adding the quantity of Goods for which payment is requested in the current
Application for Payment to the quantities of all other Goods included in all Orders
previously issued to the Supplier);
5.1.2.4
The Purchase Price for such Goods permitted by this Master Agreement; cash
purchase and maintenance pricing will remain firm for the term of the Agreement for
the initial proposed models under this Agreement. Lease pricing will change only in
accordance with published lease factor changes identified herein in Exhibit C and,
5.1.2.5
Applicable Sales Taxes paid or payable by Supplier on account of the transaction
covered by the Order.
5.1.3
Submission of Applications. Applications for Payment shall be properly prepared and
submitted by Supplier to the College Business Office or District Business Services Division, on or before
the fifth (5th) Day of the month following the month in which the Notice of Completed Delivery is issued
for the Goods covered by the Order.
5.2
PAYMENT AMOUNT
5.2.1
Payment Amount. Subject to the provisions of the Contract Documents, the amount of each
payment to Supplier for Goods covered by an Order shall be computed as follows:
5.3
5.2.1.1
Take the sum properly allocable to the Purchase Price for the Goods as determined
in accordance with Subparagraph 5.1.2.4, above;
5.2.1.2
Subtract amounts, if any, previously paid for the Goods covered by the Order; and
5.2.1.3
Subtract amounts, if any, for which the Certification of Payment has been withheld or
nullified a Certification for Payment as provided in Section 7.9 of the General
Conditions or other provisions of the Contract Documents.
TIME FOR PAYMENT
5.3.1
Payment. Payment on behalf of District of sums to the Supplier that are undisputed by the
District placing the Order shall be made not later than thirty (30) Days after receipt of a properly prepared
and submitted Application for Payment requesting payment and issuance of a Certification for Payment in
accordance with the requirements of the Contract Documents.
5.3.2
Not a Condition of Performance. Payment is not a condition precedent to the Supplier’s
obligation to deliver and otherwise perform its obligations under the Contract Documents.
5.3.3
Not Acceptance. Certification for Payment, payment, or partial or entire use of Goods shall not
constitute acceptance of Goods that is not in accordance with the Contract Documents.
5.3.4
No Late Payment Fees. Late payments by District shall not be subject to any late charges,
penalties or interest charges.
5.4
REJECTION OF APPLICATION FOR PAYMENT
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Any Application for Payment determined to be disputed, improper or unsuitable for payment shall be
returned to the Supplier as soon as reasonably practicable, accompanied by a written statement of the reasons
why the Application for Payment was rejected. Failure to either timely reject an Application for Payment or specify
any grounds for rejection shall not constitute a waiver of any rights by the District. Application for Payments that
are rejected shall be corrected and resubmitted within seven (7) Days after receipt by the Supplier of the
statement of reasons for the rejection.
5.5
DISCOUNTS
Although discounts offered for prompt payment, if not requested by District as part of the Bidding
Documents issued by the District, will not be considered in the Award of the Master Agreement, District shall be
entitled to receive all prompt payment discounts from the Purchase Price that are then offered by Supplier to other
customers or stated on the Supplier’s invoice if the payment is made within the discount period set forth in the
offer. In the event that more than one discount is offered, District will be entitled to the most favorable discount
offered.
Supplier may submit for review new or enhanced products within the various Goods specified in the
original RFP #
that were not part of the Supplier’s product line at contract signing. District will review the
products to ensure they meet minimum requirements and at the District’s sole discretion, add products to the
contract if deemed acceptable. Supplier must honor enhanced warranty and offer same tiered discount (for similar
application) from original RFP response.
ARTICLE 6
TERMINATION OR SUSPENSION
6.1
TERMINATION
The Master Agreement may be terminated by District as provided in Article 9 of the General Conditions.
In addition, and without terminating the Master Agreement, separate Orders may be terminated by District as
provided in Article 9 of the General Conditions.
6.2
SUSPENSION
Supplier’s performance under the Master Agreement may be suspended by District as provided in Article
9 regarding the General Conditions. In addition, and without terminating the Master Agreement, separate Orders
may be suspended by District.
ARTICLE 7
GENERAL CONDITIONS
The General Conditions are the General Conditions of the Master Agreement between District and Supplier for
the Purchase of Multifunction Printers and are the following:
7.1
ASSIGNMENT OF PURCHASE. The supplier shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations under this purchase without the prior written
consent of the Board of Trustees of the Los Angeles Community College District.
7.2
TAXES. The District will pay only the State Sales and Use Tax and/or the Los Angeles County Uniform
Local Sales and Use Tax, if applicable. The Federal Excise Tax is not applicable as School Districts are exempt
therefrom. The District, upon request, shall furnish the supplier such Federal Tax exemption certificates as may
be required.
7.3
DOCUMENTATION. The Contractor agrees to provide to the District, at no charge, a sufficient number
of nonproprietary manuals and other printed materials, as used in connection with the Services, and updated
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versions thereof, which are necessary or useful to the District in its use of the Services provided hereunder.
7.4
RIGHTS IN DATA. All technical communications and records originated or prepared by the Contractor
pursuant to this Agreement including papers, reports, charts, computer programs, and other documentation, but
not including the Contractor's administrative communications and records relating to this Agreement shall be
delivered to and shall become the exclusive property of the District and may be copyrighted by the District. The
ideas, concepts, know-how, or techniques relating to data processing, developed during the course of this
Agreement by the Contractor or jointly by the Contractor and the District can be used by either party in any way it
may deem appropriate. All inventions, discoveries or improvements of the computer programs developed
pursuant to this Agreement shall be the property of the District. During the term of this Agreement, certain
information which the District deems confidential ("Confidential Information") might be disclosed to the Contractor.
The Contractor agrees not to divulge, duplicate or use any Confidential Information obtained by the Contractor
during the Contractor's engagement. Such Confidential Information may include, but is not limited to, student and
employee information, computer programs, and data in the District's written records or stored on the District's
computer systems.
7.5
CONTRACTOR ACCOUNTING RECORDS. Records of the Contractor's directly employed personnel,
other consultants and reimbursable expenses pertaining to the work and records of account between the District
and the Contractor shall be maintained on an accounting basis acceptable to the District and shall be available for
examination by the District or its authorized representative(s) during regular business hours within one (1) week
following a request by the District to examine such records. Failure by the Contractor to permit such examination
within one (1) week of a request shall permit the District to withhold all further payments until such examination is
completed unless an extension of time for examination is authorized by the District in writing.
7.6
FORCE MAJEURE CLAUSE. The parties to the purchase shall be excused from performance
thereunder during the time and to the extent that they are prevented from obtaining, delivering or performing by
act of God, fire, strike, loss or shortage of transportation facilities, lockout, or commandeering of materials,
products, plants or facilities by the government, when satisfactory evidence thereof is presented, provided that it
is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.
7.7
WAIVER OF DAMAGES; INDEMNITY. The Contractor hereby waives and releases the District from any
claims the Contractor may have at any time arising out of or relating in any way to this Agreement, except to the
extent caused by the District's willful misconduct. Notwithstanding the foregoing, the parties agree that in no
event shall the District be liable for any loss of the Contractor's business, revenues or profits, or special,
consequential, incidental, indirect or punitive damages of any nature, even if the District has been advised in
advance of the possibility of such damages. This shall constitute the District's sole liability to the Contractor and
the Contractor's exclusive remedies against the District. Except for the sole negligence or willful misconduct of
the District the Contractor shall indemnify, hold harmless and defend the District and its Board of Trustees,
officers, employees, and agents from any liability, losses, costs, damages, claims, and obligations relating to or
arising from this Agreement.
Without limiting the foregoing, the Contractor shall indemnify and hold harmless the District, and its Board of
Trustees, officers, employees, and agents from all liability, losses, costs, damages, claims, and obligations of any
nature or kind, including attorneys’ fees, costs, and expenses, for infringement or use of any copyrighted or
uncopyrighted composition, secret process, patented or unpatented invention, article or appliance, registered or
unregistered trademark, service mark, or trade name, furnished or used in connection with this Agreement. The
Contractor, at its own expense, shall defend any action brought against the District to the extent that such action is
based upon a claim that the goods or software supplied by the Contractor or the operation of such goods infringes a
patent, trademark, or copyright or violates a trade secret.
7.8
INSURANCE. Without limiting the Contractor's indemnification of the District and as a material condition
of this Agreement, the Contractor shall procure and maintain at its sole expense, for the duration of this
Agreement, insurance coverage with limits, terms and conditions at least as broad as set forth in this section.
The Contractor shall secure and maintain, at a minimum, insurance as set forth below, with insurance companies
acceptable to the District to protect the District from claims which may arise from operations under this
Agreement, whether such operations be by the Contractor or any subcontractor or anyone directly or indirectly
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employed by any of them. As a material condition of this Agreement, the Contractor shall furnish to the District
certificates of such insurance and endorsements, which shall include a provision for a minimum thirty-days’ notice
to the District prior to cancellation of or a material change in coverage.
The Contractor shall provide the following insurance:
A).
Commercial General Liability Insurance, "occurrence" form only, to provide defense
and indemnity coverage to the Contractor and the District for bodily injury and
property damage. Such insurance shall name the District as an additional named
insured and shall have a combined single limit of not less than one million dollars
($1,000,000) per occurrence. The policy so secured and maintained shall include
personal injury, contractual or assumed liability insurance; independent contractors;
premises and operations; products liability and completed operation; broad form
property damage; broad form liability; and owned, hired and non-owned automobile
insurance. The policy shall be endorsed to provide specifically that any insurance
carried by the District which may be applicable to any claim or loss shall be deemed
excess and non-contributory, and the Contractor's insurance primary, despite any
provisions in the Contractor's policy to the contrary.
B).
Professional liability insurance in an amount not less than one million dollars
($1,000,000) per incident.
C).
Workers' Compensation Insurance with limits as required by the Labor Code of the
State of California and Employers Liability insurance limits of not less than one million
dollars ($1,000,000) per accident.
Failure to maintain the insurance and furnish the required documents may terminate this Agreement without waiver
of any other remedy the District may have under law.
7.9
INVOICES AND PAYMENTS. Unless otherwise specified, the supplier shall render invoices in duplicate
for services performed under the purchases, to the Business Office of the College listed on the front of this
purchase agreement. Invoices shall be submitted immediately in a form acceptable to the District (see Condition
2 above) and shall certify on the invoices that the Federal Excise Tax is not included in the prices listed thereon.
The District shall make payment for materials, supplies, or services furnished under the purchase agreement
within a reasonable and proper time after acceptance thereof and approval of the invoices by the authorized
District Representative.
7.10
COMPLIANCE WITH LAW/PERMITS AND LICENSES. The supplier and all of its employees or agents
shall comply with all applicable laws, ordinances, rules and regulations, including but not limited to all applicable
laws and regulations governing the bidding process, and shall secure and maintain in force such licenses and
permits as are required by law, in connection with furnishing of materials, articles or services herein listed. The
effectiveness of this purchase is expressly conditioned upon approval by the District's Board of Trustees.
7.11
LIMITATION OF LIABILITY. Supplier hereby waives and releases the District from any claims supplier
may have at any time arising out of or relating in any way to this agreement, whether or not caused by the
negligence or breach of the District, its employees, or agents, except to the extent caused by the District's willful
misconduct. Notwithstanding the foregoing, the parties agree that in no event shall the District be liable for any
loss of supplier's business, revenues or profits, or special, consequential, incidental, indirect or punitive damages
of any nature, even if the District has been advised in advance of the possibility of such damages. This shall
constitute the District's sole liability to supplier and supplier's exclusive remedies against the District.
7.12
SUPPLIER NOT OFFICER, EMPLOYEE OR AGENT OF DISTRICT. While engaged in carrying out the
terms and conditions of the purchase, the supplier is an independent supplier, and not an officer, employee,
partner, joint venturer, or agent of the District.
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7.13
TERMINATION CLAUSE. This purchase may be terminated by the District upon 30 days' prior written
notice of termination to supplier. This purchase will automatically terminate at the end of the purchase period
without any prior notice to either party.
7.14
NON-DISCRIMINATION. The supplier hereby certifies that in performing work or providing services for
the Los Angeles Community College District hereunder, there shall be no discrimination in its hiring or
employment practices because of sex, race, religious creed, color, ancestry, national origin, physical disability,
mental disability, medical condition, marital status, or sexual orientation, except as provided for in section 12940
of the Government Code. The supplier agrees to comply with applicable federal and California non-discrimination
laws, including but not limited to the California Fair Employment Practice Act, beginning with section 12900 of the
California Government Code. In addition, the supplier agrees to require compliance by all persons employed on
the work by it. When working for the District, suppliers and their subcontractors who employ workmen in
apprenticeable craft or trade and who refer apprentices to the Los Angeles Community Colleges for enrollment,
shall be subject to the provisions of the California Apprenticeship Law, the California Plan in Apprenticeship, and
the Affirmative Action Plan adopted by the Board of Trustees. The supplier agrees to require compliance with
this non-discrimination policy by all subcontractors employed in connection with this agreement.
7.15
EQUAL OPPORTUNITY EMPLOYER. The Contractor, in the execution of this Agreement, certifies that
it is an equal employment opportunity employer.
7.16
GOVERNING LAW. This agreement shall be deemed to have been executed and delivered within the
State of California, and the rights and obligations of the parties hereunder, and any action arising from or relating
to this agreement, shall be construed and enforced in accordance with, and governed by, the laws of the State of
California or United States law, without giving effect to conflict of laws principles. Any action or proceeding
arising out of or relating to this agreement shall be brought in the county of Los Angeles, State of California, and
each party hereto irrevocably consents to such jurisdiction and venue, and waives any claim of inconvenient
forum.
7.17
AMENDMENT. This agreement is the entire agreement between the parties as to its subject matter and
supersedes all prior or contemporaneous understandings, negotiations, or agreements between the parties, whether
written or oral, with respect thereto. This agreement may be amended only in a writing signed by both parties.
7.18
SEVERABILITY. The Contractor and the District agree that if any part, term, or provision of this
Agreement is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not
affect other parts, terms, or provisions of this Agreement, which shall be given effect without the portion held
invalid, illegal, or unenforceable, and to that extent the parts, terms, and provisions of this Agreement are
severable.
7.19
NOTICE. Any notice required to be given pursuant to the terms of this Agreement shall be in writing and
served personally or by deposit in the United States mail, postage and fees fully prepaid, addressed to the
applicable address set forth above. Service of any such notice if given personally shall be deemed complete
upon delivery, and if made by mail shall be deemed complete on the day of actual receipt or at the expiration of 2
business days after the date of mailing, whichever is earlier.
7.20
CONFLICTS OF INTEREST. The Contractor agrees not to accept any employment or representation
during the term of this Agreement which is or may likely make the Contractor “financially interested” (as provided
in California Government Code Sections 1090 and 87100) in any decision made by the District on any matter in
connection with which the Contractor has been retained pursuant to this Agreement.
7.21
ATTORNEYS' FEES AND COSTS. If either party shall bring any action or proceeding against the other
party arising from or relating to this agreement, each party shall bear its own attorneys' fees and costs, regardless
of which party prevails.
7.22
ACCESSIBILITY REQUIREMENTS. The vendor hereby warrants that the products or services to be
provided under this agreement comply with the accessibility requirements of Section 508 of the Rehabilitation Act
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of 1973, as amended, and its implementing regulations. Vendor agrees to respond promptly to and resolve any
complaints regarding accessibility of its products or services that are brought to its attention. Vendor further
agrees to indemnify and hold harmless the District from and against any claim arising out of its failure to comply
with these requirements. Failure to comply with these requirements shall constitute a breach and be grounds for
termination of this agreement.
7.23
DISTRICT AUTHORITY. The Chancellor, Deputy Chancellor, Director of Business Services, Contracts
Manager, Chief Facilities Executive, Director of Facilities Planning and Development, College President or Vice
President of Administrative Services have delegated authority from the District Board of Trustees to bind District
contractually. Persons acting in positions not specified above or have specific delegated authority by the Board
of Trustees and those in the capacity as project managers or consultants to District do not have authority to: (1)
obligate or commit District to any payment of money; (2) obligate District to any modification to this Contract or
the Contract Sum; (3) relieve Contractor of any of its obligations under this Contract; or (4) approve or order any
Work to be done or materials, equipment or supplies to be delivered.
7.24
BOARD AUTHORIZATION. The effectiveness of this Agreement is expressly conditioned upon approval
by the District's Board of Trustees.
7.25
REQUIREMENTS FOR FEDERALLY FUNDED CONTRACTS
A).
If this Agreement is funded by the District, in whole or in part, from revenues received
from the Federal Government, then the following additional provisions shall apply. It
shall be the Contractor’s responsibility to ascertain if Federal funds are involved.
B).
Contractor, and any subcontractors at any tier, shall comply with E.O. 11246, "Equal
Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and as supplemented by
regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
C).
No contract, or any subcontract at any tier, shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension." This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared ineligible
under statutory or regulatory authority other than E.O. 12549. Contractors with
awards that exceed the small purchase threshold (currently $100,000) shall provide
the required certification regarding its exclusion status and that of its principal
employees.
WHEREFORE, this Master Agreement is entered into as of the day and year first written above.
LOS ANGELES COMMUNITY COLLEGE DISTRICT
SUPPLIER_________________________________,
a ________________________________________
By: __________________________________
By: _________________________________
Title: ________________________________
Title:_______________________________
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