Purchase of an Archives Writer

Agency: State Government of New Hampshire
State: New Hampshire
Level of Government: State & Local
Category:
  • 71 - Furniture
Opps ID: NBD12363186024706144
Posted Date: Feb 15, 2019
Due Date: Mar 22, 2019
Solicitation No: RFP SOS 2019-001
Source: Members Only
Request # RFP SOS 2019-001
Description Purchase of an Archives Writer
Comments
Status Open
Closing Date 3/22/2019
Closing Time 4:30pm
Posted Date 2/15/2019
Request Type
Contract
Requisition Number
Category
Agency STATE DEPT
Multiple Agencies
Division Bureau Of Purchase & Property
Contact Brian Burford
Addendums Referenced
Bid Result
Download document here

Attachment Preview

New Hampshire Secretary of State
107 North Main Street, Room 204
Concord, New Hampshire 03301-4989
RFP for
___________________________
#NHSOS Archives-2019-001
Date: ________________
FORM NUMBER P-37 (version 5/8/15)
Notice: This agreement and all of its attachments shall become public upon approval. Any information that
is private, confidential or proprietary must be clearly identified to the agency and agreed to in
writing prior to signing the contract.
AGREEMENT
The State of New Hampshire and the Contractor hereby mutually agree as follows:
GENERAL PROVISIONS
1. IDENTIFICATION.
1.1 State Agency Name
Department of State
1.3 Contractor Name
1.2 State Agency Address
Secretary of State’s Office
State House Room 204
107 N. Main St., Concord NH 03301
1.4 Contractor Address
1.5 Contractor Phone
Number
1.6 Account Number
1.9 Contracting Officer for State Agency
1.11 Contractor Signature
1.7 Completion Date
1.8 Price Limitation
1.10 State Agency Telephone Number
1.12 Name and Title of Contractor Signatory
1.13 Acknowledgement: State of
, County of
On
, before the undersigned officer, personally appeared the person identified in block 1.12, or satisfactorily
proven to be the person whose name is signed in block 1.11, and acknowledged that s/he executed this document in the capacity
indicated in block 1.12.
1.13.1 Signature of Notary Public or Justice of the Peace
[Seal]
1.13.2 Name and Title of Notary or Justice of the Peace
1.14 State Agency Signature
1.15 Name and Title of State Agency Signatory
Date:
1.16 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)
By:
Director, On:
1.17 Approval by the Attorney General (Form, Substance and Execution) (if applicable)
By:
On:
1.18 Approval by the Governor and Executive Council (if applicable)
By:
On:
Page 1 of 14
2. EMPLOYMENT OF CONTRACTOR/SERVICES TO
BE PERFORMED. The State of New Hampshire, acting
through the agency identified in block 1.1 (“State”), engages
contractor identified in block 1.3 (“Contractor”) to perform,
and the Contractor shall perform, the work or sale of goods, or
both, identified and more particularly described in the attached
EXHIBIT A which is incorporated herein by reference
(“Services”).
3. EFFECTIVE DATE/COMPLETION OF SERVICES.
3.1 Notwithstanding any provision of this Agreement to the
contrary, this Agreement, and all obligations of the parties
hereunder, shall become effective on the date Secretary of
State or designee approves this Agreement as indicated in
block 1.18, (“Effective Date”).
3.2 If the Contractor commences the Services prior to the
Effective Date, all Services performed by the Contractor prior
to the Effective Date shall be performed at the sole risk of the
Contractor, and in the event that this Agreement does not
become effective, the State shall have no liability to the
Contractor, including without limitation, any obligation to pay
the Contractor for any costs incurred or Services performed.
Contractor must complete all Services by the Completion Date
specified in block 1.7.
4. CONDITIONAL NATURE OF AGREEMENT.
Notwithstanding any provision of this Agreement to the
contrary, all obligations of the State hereunder, including,
without limitation, the continuance of payments hereunder, are
contingent upon the availability and continued appropriation
of funds, and in no event shall the State be liable for any
payments hereunder in excess of such available appropriated
funds. In the event of a reduction or termination of
appropriated funds, the State shall have the right to withhold
payment until such funds become available, if ever, and shall
have the right to terminate this Agreement immediately upon
giving the Contractor notice of such termination. The State
shall not be required to transfer funds from any other account
to the Account identified in block 1.6 in the event funds in that
Account are reduced or unavailable.
5. CONTRACT PRICE/PRICE LIMITATION/
PAYMENT.
5.1 The contract price, method of payment, and terms of
payment are identified and more particularly described in
EXHIBIT B which is incorporated herein by reference.
5.2 The payment by the State of the contract price shall be the
only and the complete reimbursement to the Contractor for all
expenses, of whatever nature incurred by the Contractor in the
performance hereof, and shall be the only and the complete
compensation to the Contractor for the Services. The State
shall have no liability to the Contractor other than the contract
price.
Page 2 of 14
5.3 The State reserves the right to offset from any amounts
otherwise payable to the Contractor under this Agreement
those liquidated amounts required or permitted by N.H. RSA
80:7 through RSA 80:7-c or any other provision of law.
5.4 Notwithstanding any provision in this Agreement to the
contrary, and notwithstanding unexpected circumstances, in
no event shall the total of all payments authorized, or actually
made hereunder, exceed the Price Limitation set forth in block
1.8.
6. COMPLIANCE BY CONTRACTOR WITH LAWS
AND REGULATIONS/ EQUAL EMPLOYMENT
OPPORTUNITY.
6.1 In connection with the performance of the Services, the
Contractor shall comply with all statutes, laws, regulations,
and orders of federal, state, county or municipal authorities
which impose any obligation or duty upon the Contractor,
including, but not limited to, civil rights and equal opportunity
laws. This may include the requirement to utilize auxiliary
aids and services to ensure that persons with communication
disabilities, including vision, hearing and speech, can
communicate with, receive information from, and convey
information to the Contractor. In addition, the Contractor
shall comply with all applicable copyright laws.
6.2 During the term of this Agreement, the Contractor shall
not discriminate against employees or applicants for
employment because of race, color, religion, creed, age, sex,
handicap, sexual orientation, or national origin and will take
affirmative action to prevent such discrimination.
6.3 If this Agreement is funded in any part by monies of the
United States, the Contractor shall comply with all the
provisions of Executive Order No. 11246 (“Equal
Employment Opportunity”), as supplemented by the
regulations of the United States Department of Labor (41
C.F.R. Part 60), and with any rules, regulations and guidelines
as the State of New Hampshire or the United States issue to
implement these regulations. The Contractor further agrees to
permit the State or United States access to any of the
Contractor’s books, records and accounts for the purpose of
ascertaining compliance with all rules, regulations and orders,
and the covenants, terms and conditions of this Agreement.
7. PERSONNEL.
7.1 The Contractor shall at its own expense provide all
personnel necessary to perform the Services. The Contractor
warrants that all personnel engaged in the Services shall be
qualified to perform the Services, and shall be properly
licensed and otherwise authorized to do so under all applicable
laws.
7.2 Unless otherwise authorized in writing, during the term of
this Agreement, and for a period of six (6) months after the
Completion Date in block 1.7, the Contractor shall not hire,
and shall not permit any subcontractor or other person, firm or
corporation with whom it is engaged in a combined effort to
perform the Services to hire, any person who is a State
employee or official, who is materially involved in the
procurement, administration or performance of this
State Initials _______
Contractor Initials _______
Agreement. This provision shall survive termination of this
Agreement.
7.3 The Contracting Officer specified in block 1.9, or his or
her successor, shall be the State’s representative. In the event
of any dispute concerning the interpretation of this Agreement,
the Contracting Officer’s decision shall be final for the State.
8. EVENT OF DEFAULT/REMEDIES.
8.1 Any one or more of the following acts or omissions of the
Contractor shall constitute an event of default hereunder
(“Event of Default”):
8.1.1 failure to perform the Services satisfactorily or on
schedule;
8.1.2 failure to submit any report required hereunder; and/or
8.1.3 failure to perform any other covenant, term or condition
of this Agreement.
8.2 Upon the occurrence of any Event of Default, the State
may take any one, or more, or all, of the following actions:
8.2.1 give the Contractor a written notice specifying the Event
of Default and requiring it to be remedied within, in the
absence of a greater or lesser specification of time, thirty (30)
days from the date of the notice; and if the Event of Default is
not timely remedied, terminate this Agreement, effective two
(2) days after giving the Contractor notice of termination;
8.2.2 give the Contractor a written notice specifying the Event
of Default and suspending all payments to be made under this
Agreement and ordering that the portion of the contract price
which would otherwise accrue to the Contractor during the
period from the date of such notice until such time as the State
determines that the Contractor has cured the Event of Default
shall never be paid to the Contractor;
8.2.3 set off against any other obligations the State may owe to
the Contractor any damages the State suffers by reason of any
Event of Default; and/or
8.2.4 treat the Agreement as breached and pursue any of its
remedies at law or in equity, or both.
9. DATA/ACCESS/CONFIDENTIALITY/
PRESERVATION.
9.1 As used in this Agreement, the word “data” shall mean all
information and things developed or obtained during the
performance of, or acquired or developed by reason of, this
Agreement, including, but not limited to, all studies, reports,
files, formulae, surveys, maps, charts, sound recordings, video
recordings, pictorial reproductions, drawings, analyses,
graphic representations, computer programs, computer
printouts, notes, letters, memoranda, papers, and documents,
all whether finished or unfinished.
9.2 All data and any property which has been received from
the State or purchased with funds provided for that purpose
under this Agreement, shall be the property of the State, and
shall be returned to the State upon demand or upon
termination of this Agreement for any reason.
9.3 Confidentiality of data shall be governed by N.H. RSA
chapter 91-A or other existing law. Disclosure of data
requires prior written approval of the State.
Page 3 of 14
10. TERMINATION. In the event of an early termination of
this Agreement for any reason other than the completion of the
Services, the Contractor shall deliver to the Contracting
Officer, not later than fifteen (15) days after the date of
termination, a report (“Termination Report”) describing in
detail all Services performed, and the contract price earned, to
and including the date of termination. The form, subject
matter, content, and number of copies of the Termination
Report shall be identical to those of any Final Report
described in the attached EXHIBIT A.
11. CONTRACTOR’S RELATION TO THE STATE. In
the performance of this Agreement the Contractor is in all
respects an independent contractor, and is neither an agent nor
an employee of the State. Neither the Contractor nor any of its
officers, employees, agents or members shall have authority to
bind the State or receive any benefits, workers’ compensation
or other emoluments provided by the State to its employees.
12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.
The Contractor shall not assign, or otherwise transfer any
interest in this Agreement without the prior written notice and
consent of the State. None of the Services shall be
subcontracted by the Contractor without the prior written
notice and consent of the State.
13. INDEMNIFICATION. The Contractor shall defend,
indemnify and hold harmless the State, its officers and
employees, from and against any and all losses suffered by the
State, its officers and employees, and any and all claims,
liabilities or penalties asserted against the State, its officers
and employees, by or on behalf of any person, on account of,
based or resulting from, arising out of (or which may be
claimed to arise out of) the acts or omissions of the
Contractor. Notwithstanding the foregoing, nothing herein
contained shall be deemed to constitute a waiver of the
sovereign immunity of the State, which immunity is hereby
reserved to the State. This covenant in paragraph 13 shall
survive the termination of this Agreement.
14. INSURANCE.
14.1 The Contractor shall, at its sole expense, obtain and
maintain in force, and shall require any subcontractor or
assignee to obtain and maintain in force, the following
insurance:
14.1.1 comprehensive general liability insurance against all
claims of bodily injury, death or property damage, in amounts
of not less than $1,000,000per occurrence and $2,000,000
aggregate ; and
14.1.2 special cause of loss coverage form covering all
property subject to subparagraph 9.2 herein, in an amount not
less than 80% of the whole replacement value of the property.
14.2 The policies described in subparagraph 14.1 herein shall
be on policy forms and endorsements approved for use in the
State of New Hampshire by the N.H. Department of
Insurance, and issued by insurers licensed in the State of New
Hampshire.
State Initials _____ Contractor Initials_____
14.3 The Contractor shall furnish to the Contracting Officer
identified in block 1.9, or his or her successor, a certificate(s)
of insurance for all insurance required under this Agreement.
Contractor shall also furnish to the Contracting Officer
identified in block 1.9, or his or her successor, certificate(s) of
insurance for all renewal(s) of insurance required under this
Agreement no later than thirty (30) days prior to the expiration
date of each of the insurance policies. The certificate(s) of
insurance and any renewals thereof shall be attached and are
incorporated herein by reference. Each certificate(s) of
insurance shall contain a clause requiring the insurer to
provide the Contracting Officer identified in block 1.9, or his
or her successor, no less than thirty (30) days prior written
notice of cancellation or modification of the policy.
15. WORKERS’ COMPENSATION.
15.1 By signing this agreement, the Contractor agrees,
certifies and warrants that the Contractor is in compliance with
or exempt from, the requirements of N.H. RSA chapter 281-A
(“Workers’ Compensation”).
15.2 To the extent the Contractor is subject to the
requirements of N.H. RSA chapter 281-A, Contractor shall
maintain, and require any subcontractor or assignee to secure
and maintain, payment of Workers’ Compensation in
connection with activities which the person proposes to
undertake pursuant to this Agreement. Contractor shall
furnish the Contracting Officer identified in block 1.9, or his
or her successor, proof of Workers’ Compensation in the
manner described in N.H. RSA chapter 281-A and any
applicable renewal(s) thereof, which shall be attached and are
incorporated herein by reference. The State shall not be
responsible for payment of any Workers’ Compensation
premiums or for any other claim or benefit for Contractor, or
any subcontractor or employee of Contractor, which might
arise under applicable State of New Hampshire Workers’
Compensation laws in connection with the performance of the
Services under this Agreement.
16. WAIVER OF BREACH. No failure by the State to
enforce any provisions hereof after any Event of Default shall
be deemed a waiver of its rights with regard to that Event of
Default, or any subsequent Event of Default. No express
failure to enforce any Event of Default shall be deemed a
waiver of the right of the State to enforce each and all of the
provisions hereof upon any further or other Event of Default
on the part of the Contractor.
17. NOTICE. Any notice by a party hereto to the other party
shall be deemed to have been duly delivered or given at the
time of mailing by certified mail, postage prepaid, in a United
States Post Office addressed to the parties at the addresses
given in blocks 1.2 and 1.4, herein.
18. AMENDMENT. This Agreement may be amended,
waived or discharged only by an instrument in writing signed
by the parties hereto and only after approval of such
amendment, waiver or discharge by the Governor and
Executive Council of the State of New Hampshire unless no
Page 4 of 14
such approval is required under the circumstances pursuant to
State law, rule or policy.
19. CONSTRUCTION OF AGREEMENT AND TERMS.
This Agreement shall be construed in accordance with the
laws of the State of New Hampshire, and is binding upon and
inures to the benefit of the parties and their respective
successors and assigns. The wording used in this Agreement
is the wording chosen by the parties to express their mutual
intent, and no rule of construction shall be applied against or
in favor of any party.
20. THIRD PARTIES. The parties hereto do not intend to
benefit any third parties and this Agreement shall not be
construed to confer any such benefit.
21. HEADINGS. The headings throughout the Agreement
are for reference purposes only, and the words contained
therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the
provisions of this Agreement.
22. SPECIAL PROVISIONS. Additional provisions set
forth in the attached EXHIBIT C are incorporated herein by
reference.
23. SEVERABILITY. In the event any of the provisions of
this Agreement are held by a court of competent jurisdiction to
be contrary to any state or federal law, the remaining
provisions of this Agreement will remain in full force and
effect.
24. ENTIRE AGREEMENT. This Agreement, which may
be executed in a number of counterparts, each of which shall
be deemed an original, constitutes the entire Agreement and
understanding between the parties, and supersedes all prior
Agreements and understandings relating hereto.
State Initials _______ Contractors Initials ________
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