VENDOR REPRESENTATION / WARRANTY Any responding Vendor, by submitting a proposal, specifically represents and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall possess, the required education, knowledge, licenses, experience and character (all as may be applicable to this RFP) necessary to qualify them individually for the particular duties they perform. CCAC shall reserve the right to inspect and/or evaluate any potential awardee’s facility, physical equipment, staff, and all matters that may bear upon the ability to successfully perform the scope of work. CCAC shall conduct interviews of Vendors as needed to evaluate qualifications. Should CCAC reasonably find that any Vendor does not have the capacity to perform the work, CCAC may re ject the Vendor’s proposal. GENERAL TERMS AND CONDITIONS OF THE AWARDED CONTRACT The following terms and conditions shall apply to any resulting contract. Any terms and conditions of a responding Vendor that are in conflict with the College’s terms and conditions, inclusive of any specific contractual requirements, must be identified within the Vendor’s response. CCAC may negotiate the inclusion, exclusion, or alteration of any language, terms, pricing, or conditions prior to the issuance of a signed contract or throughout the term of the contract. The final contract shall incorporate this RFP document , the College’s Master Service Agreement (refer to “Appendix A”) and any proposal submitted by the successful Vendor and accepted by the College. Vend ors are cautioned that although the Vendor’s terms may be submitted for consideration, the College reserves the right to negotiate its preference of the same, or otherwise reject the Vendor’s proposal if the College is not able and willing to agree to the Vendor’s terms.
III.
IV.
A. INVOICING/PAYMENT PROVISIONS: The College’s payment terms shall be thirty (30) days from the date the Contractor’s invoice is properly presented and received. Invoices may be submitted only in accordance with deliverables that have be en appropriately accepted by the College’s terms as conditioned herein.
B. TERMINATION PROVISIONS: The college shall have the right to terminate this contract at any time upon thirty (30) days written notice for any reason.
C.
INDEPENDENT CONTRACTOR STATUS: It shall be expressly agreed that vendor’s status hereunder an award is that of an Independent Contractor. Neither Contractor, nor any person hired by Contractor, shall be considered employees of the College for any purpose.
D. AUTHORITY TO BIND: In the performance of the awarded services, Contractor agrees that the Contractor shall not have the authority to enter into any contract or agreement to bind the College in any way and shall not represent to anyone that the Contractor has such authority.
E. GOVERNING LAWS: Any resulting agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
F. TIME IS OF THE ESSENCE: Time is of the essence with respect to performance of the terms and conditions of this RFP and any resulting contract.
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