Common use of GENERAL PROVISIONS AND CONDITIONS Clause in Contracts

GENERAL PROVISIONS AND CONDITIONS. 4.1. The terms of this Grant Agreement and its execution are subject to all applicable Maryland laws and regulations and approval of other agencies of the State of Maryland as required under State laws and regulations, including approval of the Board of Public Works where appropriate. 4.2. The DEPARTMENT shall not be liable in any action or tort, contract or otherwise for any action caused by the Grantee. 4.3. As a condition of the DEPARTMENT’S obligation to perform under this Agreement, the GRANTEE hereby represents and warrants that: (a) It is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; (b) It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Grant Agreement; (c) It shall comply with all federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this Grant Agreement; and (d) It shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this Grant Agreement. 4.4. The person executing this Grant Agreement on behalf of the GRANTEE certifies, to the best of that person's knowledge and belief, that: (a) Neither the GRANTEE, nor any of its officers or directors, nor any employee of the GRANTEE involved in obtaining contracts with or grants from the State or any subdivision of the State, has engaged in collusion with respect to the GRANTEE’S application for the Grant or this Grant Agreement or has been convicted of bribery, or conspiracy to bribe under the laws of any State or of the United States; (b) The GRANTEE has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the GRANTEE, to solicit or secure the Grant or this Grant Agreement, and the GRANTEE has not paid or agreed to pay any such entity any fee or other consideration contingent on the making of the Grant or this Agreement; (c) The GRANTEE, if incorporated, is registered or qualified in accordance with the Corporations and Associations Article of the Annotated Code of Maryland, is in good standing, has filed all required annual reports and filing fees with the Department of Assessments and Taxation and all required tax returns and reports with the Comptroller of the Treasury, the Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, and has paid or arranged for the payment of all taxes due to the State; (d) No money has been paid to or promised to be paid to any legislative agent, attorney, or lobbyist for any services rendered in securing the passage of legislation establishing or appropriating funds for the Grant; and (e) Neither the GRANTEE, nor any of its officers, nor any person substantially involved in the contracting or fundraising activities of the GRANTEE, is currently suspended or debarred from contracting with the State or any other public entity or subject to debarment under Regulation 21.08 of the Code of Maryland Regulations.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

GENERAL PROVISIONS AND CONDITIONS. 4.1. The terms of this Grant Agreement and its execution are subject to all applicable Maryland laws and regulations and approval of other agencies of the State of Maryland as required under State laws and regulations, including approval of the Board of Public Works where appropriate. 4.2. The DEPARTMENT shall not be liable in any action or tort, contract or otherwise for any action caused by the Grantee. 4.3. As a condition of the DEPARTMENT’S obligation to perform under this Agreementagreement, the GRANTEE hereby represents and warrants that: (a) It is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; (b) It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Grant Agreement; (c) It shall comply with all federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this Grant Agreement; and (d) It shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this Grant Agreement. 4.4. The person executing this Grant Agreement on behalf of the GRANTEE certifies, to the best of that person's knowledge and belief, that: (a) Neither the GRANTEE, nor any of its officers or directors, nor any employee of the GRANTEE involved in obtaining contracts with or grants from the State or any subdivision of the State, has engaged in collusion with respect to the GRANTEE’S application for the Grant or this Grant Agreement or has been convicted of bribery, or conspiracy to bribe under the laws of any State or of the United States; (b) The GRANTEE has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the GRANTEE, to solicit or secure the Grant or this Grant Agreement, and the GRANTEE has not paid or agreed to pay any such entity any fee or other consideration contingent on the making of the Grant or this Agreement; (c) The GRANTEE, if incorporated, is registered or qualified in accordance with the Corporations and Associations Article of the Annotated Code of Maryland, is in good standing, has filed all required annual reports and filing fees with the Department of Assessments and Taxation and all required tax returns and reports with the Comptroller of the Treasury, the Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, and has paid or arranged for the payment of all taxes due to the State; (d) No money has been paid to or promised to be paid to any legislative agent, attorney, or lobbyist for any services rendered in securing the passage of legislation establishing or appropriating funds for the Grant; and (e) Neither the GRANTEE, nor any of its officers, nor any person substantially involved in the contracting or fundraising activities of the GRANTEE, is currently suspended or debarred from contracting with the State or any other public entity or subject to debarment under Regulation 21.08 of the Code of Maryland Regulations.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

GENERAL PROVISIONS AND CONDITIONS. 4.1. The terms of this Grant Agreement and its execution are subject to all applicable Maryland laws and regulations regulations, including §§ 7-402, 7-403, 7-405, and approval of other agencies 7-406 of the State of Maryland as required under State laws Finance and regulations, including approval Procurement Article of the Board Annotated Code of Public Works where appropriateMaryland, as applicable. 4.2. Each party is responsible for its own actions under this agreement and will not try to hold the other party liable with respect to any matter not arising from that party’s actions. The DEPARTMENT shall not be liable in any action or tort, contract or otherwise for any action caused by the GranteeGRANTEE. 4.3. As a condition of the DEPARTMENT’S obligation to perform under this Agreementagreement, the GRANTEE hereby represents and warrants that: (a) It is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; (b) It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Grant Agreement; (c) It shall comply with all federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this Grant Agreement; and (d) It shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this Grant Agreement. 4.4. The person executing this Grant Agreement on behalf of the GRANTEE certifies, to the best of that person's ’s knowledge and belief, that: (a) Neither the GRANTEE, nor any of its officers or directors, nor any employee of the GRANTEE involved in obtaining contracts with or grants from the State or any subdivision of the State, has engaged in collusion with respect to the GRANTEE’S application for the Grant or this Grant Agreement or has been convicted of bribery, or conspiracy to bribe under the laws of any State or of the United States; (b) The GRANTEE has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the GRANTEE, to solicit or secure the Grant or this Grant Agreement, and the GRANTEE has not paid or agreed to pay any such entity any fee or other consideration contingent on the making of the Grant or this Agreement; (c) The GRANTEE, if incorporated, is registered or qualified in accordance with the Corporations and Associations Article of the Annotated Code of Maryland, is in good standing, has filed all required annual reports and filing fees with the Department of Assessments and Taxation and all required tax returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Maryland Department of Labor, Licensing, and Regulation, and has paid or arranged for the payment of all taxes due to the State; (d) No money has been paid to or promised to be paid to any legislative agent, attorney, or lobbyist for any services rendered in securing the passage of legislation establishing or appropriating funds for the Grant; and (e) Neither the GRANTEE, nor any of its officers, nor any person substantially involved in the contracting or fundraising activities of the GRANTEE, is currently suspended or debarred from contracting with the State or any other public entity or subject to debarment under Regulation Subtitle 21.08 of the Code of Maryland Regulations.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

GENERAL PROVISIONS AND CONDITIONS. 4.1. 4.1 The terms of this Grant Agreement and its execution are subject to all applicable Maryland laws and regulations Regulations and approval of other agencies of the State of Maryland as required under State laws and regulations. 4.2 Subject to any limitations imposed by law, including approval the parties agree that each party shall be Responsible for its own actions and omissions, pursuant to the performance of this Inter- Governmental Agreement, and neither party shall hold the other liable with respect to any matter not arising from the other party’s actions or omissions. Furthermore, the liability of the Board parties shall be governed by the terms and provisions of Public Works where appropriatethe applicable Tort Claims Acts and relating funding provisions. 4.2. The DEPARTMENT shall not be liable in any action or tort, contract or otherwise for any action caused by the Grantee. 4.3. 4.3 As a condition of the DEPARTMENT’S CCBH’s obligation to perform under this Agreement, the GRANTEE hereby represents CONTRACTOR shall Comply with all applicable federal, State and warrants that:local governmental standards and requirements including licensing and permit laws and ordinances, as are necessary for the lawful providing of the services required of the CONTRACTOR under the terms of this Agreement. 4.4 The persons performing the services set forth in the Appendix shall be an employee of the CONTRACTOR or consultant approved under Paragraph 4.5 or subcontractor assigned under Paragraph 4.9. The CONTRACTOR is responsible for complying with all federal and State laws As to tax and Social Security payments to be withheld from wages paid to said employee. 4.5 CCBH shall designate ▇▇▇▇▇ ▇▇▇▇, or designee, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇-▇▇▇-▇▇▇▇, ▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ to serve as Project Officer for the Agreement. The Contractor shall designate the Director-Emergency Services, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. All contact between CCBH and the CONTRACTOR regarding all matters relative to this Agreement shall be coordinated through CCBH’s designated Project Officer. The use of funds under this Agreement by the CONTRACTOR to hire consultants shall require the prior approval by CCBH through its Project Officer, or any such arrangements and the proposed work plan of the consultant involved. (a) Approval is not required if the Appendix indicates the consultant’s use). 4.6 This Agreement may be amended as CCBH and the CONTRACTOR mutually agree in writing. Expect for the specific provision of the Agreement, which is thereby amended, the Agreement shall remain in full force and effect after such amendment. Adjustments of funds between categories that do not affect the total authorized funding and are consistent with the objectives of the Agreement do not require an amendment to the Agreement. Written approval by the Project Officer, however, is required. Extensions for time: The Parties expressly reserve the right to extend the term of the Agreement, without additional cost to the State or County government beyond the not to exceed amount identified in Section 3.1 herein and for the salary for services provided beyond the original term of the agreement, provided the extension is for a reasonable, limited, and defined time, and provided that the scope of work under the extension is the same as the original Agreement. It is qualified also agreed that all such modifications shall be reduced to do business writing, and signed by the Parties. 4.7 The CONTRACTOR shall operate under this Agreement so that no person, otherwise Qualified, is denied employment or other benefits on the grounds of race, color, sex, creed, national origin, age, marital status, sexual orientation, or physical or mental disability which would not reasonably preclude the required performance. Except in subcontracts for standard commercial supplies or raw materials, the State CONTRACTOR shall include a clause similar to this clause in all subcontracts and each subcontractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of Maryland and this non-discrimination clause. The CONTRACTOR understands that it will take such action ascomply fully with provisions of the Americans With Disabilities Act (ADA). The CONTRACTOR agrees that it will not directly, from time or indirectly through contractual or other arrangements, utilize criteria or methods of administration that have the effect of subjecting qualified individuals with disabilities to time, may be necessary to remain so qualified; (b) It is not in arrears discrimination on the basis of disability; or that have the purpose of effect of defeating or substantially impairing accomplishment of the objectives of the CCBH’s program with respect to individuals with disabilities. 4.8 The CONTRACTOR shall provide equal access to public services to individuals with Limited English proficiency in compliance with MD Code ▇▇▇., State Government Article 10-1101 et seq., and Policy Guidance issued by the payment Office of any monies due and owing Civil Rights, Dept. of Health And Human Services. 4.9 Unless otherwise provided in the State of Maryland, or any department or unit thereof, including, but not limited toAppendix, the payment of taxes and employee benefitsCONTRACTOR may not, and that it shall not become so in arrears during the term of this Grant Agreement or any renewals or extensions of this Agreement;, assign or subcontract all or any part of this Agreement without the prior written consent of the Project Officer. (c) It shall 4.10 Both parties hereby expressly acknowledge the possibility of substantial changes in federal Regulations applicable to this Agreement and expressly agree to renegotiate this Agreement As necessary to comply with such changes; provided that any increase in the scope of work or cost of performance will be compensated for by a budget increase or, in the alternative, by modifying the scope of work to reduce the cost of performance. 4.11 The CONTRACTOR shall retain all records and other documents relevant to this Agreement for a period of no less than 3 years after the date of final payment, a resolution of audit findings, or disposition of non-expendable property, whichever is later, and upon receipt of reasonable written notice thereof, and full access thereto. The right to examine any of said materials shall be afforded federal, and/or State and local laws, regulations and ordinances applicable to its activities and obligations under this Grant Agreement; and (d) It auditors who shall procure, at its expense, all licenses, permits, insurancehave substantiated in writing a need therefore in the performance of their official duties, and governmental approvalsuch other persons as are authorized by CCBH. The CONTRACTOR will provide to CCBH a copy of that part of any audit performed by university, if anylocal, necessary State or independent auditors which relates to the performance of this Agreement and the administration of funds provided by CCBH pursuant to this Agreement. Any additional audit information requested by CCBH at its obligations under this Grant Agreementown expense using its own or the CONTRACTOR’S auditors or other State-approved auditors. 4.4. The person executing this Grant Agreement on behalf of the GRANTEE certifies, to the best of that person's knowledge and belief, that: (a) Neither the GRANTEE, nor any of its officers or directors, nor any employee of the GRANTEE involved in obtaining contracts with or grants from the State or any subdivision of the State, has engaged in collusion with respect to the GRANTEE’S application for the Grant or this Grant Agreement or has been convicted of bribery, or conspiracy to bribe under the laws of any State or of the United States; (b) The GRANTEE has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the GRANTEE, to solicit or secure the Grant or this Grant Agreement, and the GRANTEE has not paid or agreed to pay any such entity any fee or other consideration contingent on the making of the Grant or this Agreement; (c) The GRANTEE, if incorporated, is registered or qualified 4.12 Except in accordance with the Corporations and Associations Article a Court Order, neither party shall use or disclose any information concerning a recipient of the Annotated Code of Maryland, is in good standing, has filed all required annual reports and filing fees services provided under this Agreement for any purposes not directly connected with the Department administration of Assessments such services, except upon written consent of the other party and Taxation and all the recipient or his/her responsible parent, guardian, or legal representative or as required tax returns and reports by Statute 4-101 et seq.,General Provisions Article Maryland Annotated Code. 4.13 This Agreement, together with the Comptroller Appendix attached hereto an incorporated herein by Reference, represents the complete, total and final understanding of the Treasury, the Department of Assessments and Taxationparties, and no Other understandings or representations, oral or written, regarding the Department subject matter of Laborthis Agreement, Licensing, and Regulation, and has paid shall be deemed to exist or arranged for to bind parties hereto at the payment time of all taxes due to the State; (d) No money has been paid to or promised to be paid to any legislative agent, attorney, or lobbyist for any services rendered in securing the passage of legislation establishing or appropriating funds for the Grant; and (e) Neither the GRANTEE, nor any of its officers, nor any person substantially involved in the contracting or fundraising activities of the GRANTEE, is currently suspended or debarred from contracting with the State or any other public entity or subject to debarment under Regulation 21.08 of the Code of Maryland Regulationsexecution.

Appears in 1 contract

Sources: Inter Governmental Agreement

GENERAL PROVISIONS AND CONDITIONS. 4.1. 4.1 The terms of this Grant Agreement and its execution are subject to all applicable Maryland laws and regulations and approval of other agencies of the State of Maryland as required under State laws and regulations. 4.2 Subject to any limitations imposed by law, including approval the parties agree that each party shall be responsible for its own actions and omissions, pursuant to the performance of this Inter-Governmental Agreement, and neither party shall hold the other liable with respect to any matter not arising from the other party’s actions or omissions. Furthermore, the liability of the Board parties shall be governed by the terms and provisions of Public Works where appropriatethe applicable Tort Claims Acts and relating funding provisions. 4.2. The DEPARTMENT shall not be liable in any action or tort, contract or otherwise for any action caused by the Grantee. 4.3. 4.3 As a condition of the DEPARTMENT’S DHS/FIA/OHEP's obligation to perform under this Agreement, the GRANTEE hereby represents CONTRACTOR shall comply with all applicable federal, State and warrants that:local governmental standards and requirements, including licensing and permit laws and ordinances, as are necessary for the lawful providing of the services required of the CONTRACTOR under the terms of this Agreement. 4.4 The persons performing the services as set forth in the Appendix shall be employees of the CONTRACTOR or consultant(s) approved under Paragraph 4.5 or subcontractor(s) assigned under Paragraph 4.9. The CONTRACTOR is responsible for complying with all federal and State laws as to tax and Social Security payments to be withheld from wages paid to said employees. The CONTRACTOR shall notify the Project Officer identified in Paragraph 4.5, in writing, of the substitution of or replacement of said employees, consultants, or subcontractors within five (a5) business days of the substitution or replacement. The notice shall contain the last date of service of the personnel and the name of the replacement or substitute personnel. 4.5 The DHS/FIA/OHEP shall designate ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇, or designee, ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Street Baltimore, Maryland 21201, to serve as Project Officer for this Agreement. The CONTRACTOR shall designate ▇▇▇▇ ▇▇▇▇▇▇, or designee, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ to serve as the CONTRACTOR’S Project Manager for this Agreement. All contact between the DHS/FIA/OHEP and the CONTRACTOR regarding all matters relative to this Agreement shall be coordinated through the DHS/FIA/OHEP's designated Project Officer. The use of funds under this Agreement by the CONTRACTOR to hire consultants shall require the prior approval by the DHS/FIA/OHEP, through its Project Officer, of any such arrangement and the proposed work plan of the consultant(s) involved. (Approval is not required if the Appendix indicates the consultant's use.) 4.6 This Agreement may be amended as the DHS/FIA/OHEP and the CONTRACTOR mutually agree in writing. Except for the specific provision of the Agreement, which is thereby amended, the Agreement shall remain in full force and effect after such amendment. Adjustments of funds between categories that do not affect the total authorized funding and are consistent with the objectives of this Agreement do not require an amendment to the Agreement. Written approval by the Project Officer, however, is required. Extensions for Time: The Parties expressly reserve the right to extend the term of the Agreement, without additional cost to the State beyond the not to exceed amount identified in Section 3.1 herein and for services provided beyond the original term of the Agreement, provided the extension is for a reasonable, limited, and defined time, and provided that the scope of work under the extension is the same as the original Agreement. It is qualified also agreed that all such modifications shall be reduced to do business writing, and signed by the Parties. 4.7 The CONTRACTOR shall operate under this Agreement so that no person, otherwise qualified, is denied employment or other benefits on the grounds of race, color, sex, creed, national origin, age, marital status, sexual orientation, or physical or mental disability which would not reasonably preclude the required performance. Except in subcontracts for standard commercial supplies or raw materials, the State CONTRACTOR shall include a clause similar to this clause in all subcontracts and each subcontractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of Maryland and this non-discrimination clause. The CONTRACTOR understands that it will take such action ascomply fully with provisions of the Americans with Disabilities Act (“ADA”). The CONTRACTOR agrees that it will not directly, from time or indirectly through contractual or other arrangements, utilize criteria or methods of administration that have the effect of subjecting qualified individuals with disabilities to time, may be necessary to remain so qualified; (b) It is not in arrears discrimination on the basis of disability; or that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the DHS/FIA/OHEP's program with respect to individuals with disabilities. The CONTRACTOR shall: A. Have written policies and procedures to accommodate customers that require a reasonable accommodation. The CONTRACTOR shall provide notice to customers that they are entitled to request a reasonable accommodation based upon their disability and such notice must be easily understood by those with low literacy levels. B. Document each customer's need for a reasonable accommodation in the payment customer’s case file. C. Attend and participate in DHS’s periodic training on reasonable accommodation and/or providing services to customers with disabilities. The CONTRACTOR will be advised in advance of any monies due the time and owing location of the training. 4.8 The CONTRACTOR shall provide equal access to public services to individuals with limited English proficiency in compliance with Md. Code ▇▇▇., State Government Article §§ 10-1101 et seq., and Policy Guidance issued by the Office of MarylandCivil Rights, or any department or unit thereof, including, but not limited toDepartment of Health and Human Services. 4.9 Unless otherwise provided in the Appendix, the payment of taxes and employee benefitsCONTRACTOR may not, and that it shall not become so in arrears during the term of this Grant Agreement or any renewals or extensions of this Agreement;, assign or subcontract all or any part of this Agreement without the prior written consent of the Project Officer. (c) It shall 4.10 Both parties hereby expressly acknowledge the possibility of substantial changes in federal regulations applicable to this Agreement and expressly agree to renegotiate this Agreement as necessary to comply with such changes; provided that any increase in the scope of work or cost of performance will be compensated for by a budget increase or, in the alternative, by modifying the scope of work to reduce the cost of performance. 4.11 The CONTRACTOR shall retain all federalbooks, records, and other documents relevant to this Agreement for a period of no less than three years after the date of final payment, a resolution of audit findings, or disposition of non-expendable property, whichever is later, and upon receipt of reasonable written notice thereof, and full access thereto. The right to examine any of said materials shall be afforded federal and/or State auditors who shall have substantiated in writing a need therefore in the performance of their official duties, and such other persons as are authorized by the DHS/FIA/OHEP. The Contractor will provide to the DHS/FIA/OHEP a copy of that part of any audit performed by university, local, State and local laws, regulations and ordinances applicable to its activities and obligations under this Grant Agreement; and (d) It shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary or independent auditors which relates to the performance of this Agreement and the administration of funds provided by the DHS/FIA/OHEP pursuant to this Agreement. Any additional audit information requested by the DHS/FIA/OHEP may be secured by the DHS/FIA/OHEP at its obligations under this Grant Agreementown expense using its own or the CONTRACTOR’S auditors or other State-approved auditors. 4.4. The person executing this Grant Agreement on behalf of the GRANTEE certifies, to the best of that person's knowledge and belief, that: (a) Neither the GRANTEE, nor any of its officers or directors, nor any employee The CONTRACTOR shall obtain prior written approval of the GRANTEE involved DHS/FIA/OHEP for any purchase of assets with funds paid under this Agreement, excluding ordinary office supplies, unless such purchase is described in obtaining contracts with or grants from the State or any subdivision of the State, has engaged in collusion with respect to the GRANTEE’S application for the Grant or this Grant Agreement or has been convicted of bribery, or conspiracy to bribe under the laws of any State or of the United States;Appendix. (b) Title to all property furnished by the DHS/FIA/OHEP shall remain in the DHS/FIA/OHEP. Title to equipment purchased with funds available under this Agreement shall vest in the CONTRACTOR; provided, however that title to equipment having an acquisition cost of $500 or more per unit and a useful life of more than two years ("Capital Equipment") shall vest in the DHS/FIA/OHEP upon acquisition. The GRANTEE has not employed or retained any person, partnership, corporation, or other entity, other than CONTRACTOR shall provide a bona fide employee or agent working for list of Capital Equipment acquired under this Agreement to the GRANTEE, to solicit or secure the Grant or this Grant Agreement, and the GRANTEE has not paid or agreed to pay any such entity any fee or other consideration contingent on the making DHS/FIA/OHEP upon completion of the Grant Agreement or the last renewal of this Agreement;. (c) The GRANTEE, if incorporated, is registered or qualified 4.13 Except in accordance with the Corporations and Associations Article a court order, neither party shall use or disclose any information concerning a recipient of the Annotated Code of Maryland, is in good standing, has filed all required annual reports and filing fees services provided under this Agreement for any purposes not directly connected with the Department administration of Assessments such services, except upon written consent of the other party and Taxation and all the recipient or his/her responsible parent, guardian, or legal representative or as required tax returns and reports by § 4-101 et. seq., General Provisions Article Maryland Annotated Code. 4.14 This Agreement, together with the Comptroller Appendix attached hereto and incorporated herein by reference, represents the complete, total and final understanding of the Treasuryparties, and no other understandings or representations, oral or written, regarding the subject matter of this Agreement, shall be deemed to exist or to bind the parties hereto at the time of execution. Agency Control Number IN WITNESS WHEREOF, the Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, and has paid or arranged for the payment of all taxes due to the State; (d) No money has been paid to or promised to be paid to any legislative agent, attorney, or lobbyist for any services rendered in securing the passage of legislation establishing or appropriating funds for the Grant; and (e) Neither the GRANTEE, nor any of its officers, nor any person substantially involved in the contracting or fundraising activities of the GRANTEE, is currently suspended or debarred from contracting with the State or any other public entity or subject to debarment under Regulation 21.08 of the Code of Maryland Regulations.parties have executed this Agreement. FOR THE CONTRACTOR: FOR THE DHS/FIA/OHEP: APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE OFFICE OF THE ATTORNEY GENERAL

Appears in 1 contract

Sources: Inter Governmental Agreement

GENERAL PROVISIONS AND CONDITIONS. 4.1. The terms of this Grant Funding Agreement and its execution are subject to all applicable Maryland laws and regulations and approval of other agencies of the State of Maryland as required under State laws and regulations, including approval of the Board of Public Works regulations where appropriate. 4.2. The DEPARTMENT County shall not be liable in any action or tort, contract or otherwise for any action caused by the Grantee. 4.3. As a condition of the DEPARTMENT’S County’s obligation to perform under this Agreementagreement, the GRANTEE Grantee hereby represents and warrants that: (a) A. It is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; (b) B. It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department Department or unit thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Grant Funding Agreement; (c) C. It shall comply with all federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this Grant Funding Agreement; and (d) D. It shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this Grant Funding Agreement. 4.4. E. The person executing this Grant Funding Agreement on behalf of the GRANTEE Grantee certifies, to the best of that person's knowledge and belief, that: (a1) Neither the GRANTEEGrantee, nor any of its officers or directors, nor any employee of the GRANTEE Grantee involved in obtaining contracts with or grants from the State or any subdivision of the State, has engaged in collusion with respect to the GRANTEE’S Grantee’s application for the Grant or this Grant Funding Agreement or has been convicted of bribery, or conspiracy to bribe under the laws of any State or of the United States; (b2) The GRANTEE Grantee has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the GRANTEEGrantee, to solicit or secure the Grant or this Grant Funding Agreement, and the GRANTEE Grantee has not paid or agreed to pay any such entity any fee or other consideration contingent on the making of the Grant or this Agreement; (c3) The GRANTEEGrantee, if incorporated, is registered or qualified in accordance with the Corporations and Associations Article of the Annotated Code of Maryland, is in good standing, has filed all required annual reports and filing fees with the Department of Assessments and Taxation and all required tax returns and reports with the Comptroller of the Treasury, the Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, and has paid or arranged for the payment of all taxes due to the State; (d4) No money has been paid to or promised to be paid to any legislative agent, attorney, or lobbyist for any services rendered in securing the passage of legislation establishing or appropriating funds for the Grant; and (e5) Neither the GRANTEEGrantee, nor any of its officers, nor any person substantially involved in the contracting or fundraising activities of the GRANTEEGrantee, is currently suspended or debarred from contracting with the County, State or any other public entity or subject to debarment under Regulation 21.08 of the Code of Maryland Regulations.

Appears in 1 contract

Sources: Funding Agreement