Common use of Subcontract Agreements Clause in Contracts

Subcontract Agreements. A. FUNDED PARTNER shall satisfy, settle, and resolve all administrative, programmatic, and fiscal aspects of the program(s), including issues that arise out of any subcontracts, and shall not delegate or contract these responsibilities to any other entity. This includes, but is not limited to, disputes, claims, protests of award, or other matters of a contractual nature. B. In the event any subcontract is utilized by the FUNDED PARTNER for any portion of this Contract Agreement, the FUNDED PARTNER shall retain the prime responsibility to ensure: compliance with laws, regulations and the provisions of contract agreements that may have a direct or material effect on each of its major programs, all the terms and conditions set forth, including but not limited to, the responsibility for preserving the State’s copyrights and rights in data in accordance with Article II Section D of this Contract Agreement, for handling property in accordance with Article XI of this Contract Agreement, and ensuring the keeping of, access to, availability and retention of records of subcontractors in accordance with Article IX. FUNDED PARTNER shall provide A4AA with a copy of the Subcontract Agreement and budget to be made a part of this Contract Agreement. C. Funds for this Contract Agreement shall not be obligated in subcontract agreements for services beyond the ending date of this Contract Agreement, unless all funding under this Contract Agreement is appropriated without regard for fiscal year, and A4AA has agreed in writing to permit the specific expenditure for a specified period of time. D. The FUNDED PARTNER shall have no authority to contract for, or on behalf of, or incur obligations on behalf of A4AA. E. Copies of subcontracts, Memorandums and/or Letters of Understanding shall be on file with the FUNDED PARTNER and shall be made available to A4AA for review upon request. F. The FUNDED PARTNER shall monitor the insurance requirements of its subcontractors, in accordance with Article XV. G. The FUNDED PARTNER shall require all its subcontractors to indemnify, defend and save harmless the FUNDED PARTNER, its officers, agents and employees from any and all claims and losses accruing to or resulting from any subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with any activities performed for which funds from this Contract Agreement were used and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor in the performance of this Contract Agreement. H. Where a program may be subcontracted to a for-profit organization, the FUNDED PARTNER should include in its contract with the for-profit entity a requirement for performance of a program specific audit of the sub- contracted program by an independent audit firm. I. The FUNDED PARTNER shall require the subcontractor to maintain adequate staff to meet the subcontractor’s agreement with the Funded Partner. This staff shall be available for trainings and meetings which A4AA may find necessary from time to time. J. If a private nonprofit corporation, the subcontractor shall be in good standing with the Secretary of the State of California and shall maintain that status throughout the term of the agreement. K. The FUNDED PARTNER shall immediately notify A4AA of any changes to subcontractors or subcontracted services, described in W&I Code Sections 9541 through 9547, within the term of this Contract Agreement. FUNDED PARTNER shall also notify A4AA if subcontracted services are different than those services approved and contracted for in the prior fiscal year. L. FUNDED PARTNER shall refer to the guidance in OMB Circular A-133 Section 210 in making a determination of whether a subcontractor and/or vendor relationship exists. If a vendor relationship exists then the FUNDED PARTNER shall follow the Procurement requirements in the applicable OMB Circular.

Subcontract Agreements. A. FUNDED PARTNER shall satisfy, settle, and resolve all administrative, programmatic, and fiscal aspects of the program(s), including issues that arise out of any subcontracts, and shall not delegate or contract these responsibilities to any other entity. This includes, but is not limited to, disputes, claims, protests of award, or other matters of a contractual nature.nature in accordance with Article II, Section E. B. In the event any subcontract is utilized by the FUNDED PARTNER for any portion of this Contract Agreement, the FUNDED PARTNER shall retain the prime responsibility to ensure: compliance with laws, regulations and the provisions of contract agreements that may have a direct or material effect on each of its major programs, for all the terms and conditions set forth, including but not limited to, the responsibility for preserving the State’s copyrights and rights in data in accordance with Article II Section D of this Contract Agreement, for handling property in accordance with Article XI of this Contract Agreement, and ensuring the keeping of, access to, availability and retention of records of subcontractors Subcontractors in accordance with Article IX. FUNDED PARTNER shall provide A4AA with a copy of the Subcontract Agreement and budget to be made a part of this Contract Agreement. C. Funds for this Contract Agreement shall not be obligated in subcontract agreements for services beyond the ending date of this Contract Agreement, unless all funding under this Contract Agreement is appropriated without regard for fiscal year, and A4AA has agreed in writing to permit the specific expenditure for a specified period of time. D. The FUNDED PARTNER Subcontractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the FUNDED PARTNER or A4AA. E. D. Copies of subcontracts, Memorandums and/or Letters of Understanding subcontracts shall be on file with the FUNDED PARTNER and shall be made available to A4AA for review upon requestPARTNER. F. The FUNDED PARTNER shall monitor the insurance requirements of its subcontractorsSubcontractors, in accordance with Article XV. G. The FUNDED PARTNER shall require all its subcontractors to Subcontractors to:  indemnify, defend and save harmless the FUNDED PARTNER, its officers, agents and employees from any and all claims and losses accruing to or resulting from any subcontractorsSubcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with any activities performed for which funds from this Contract Agreement were used used; and  from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor in the performance of this Contract Agreement. H. Where a program may be subcontracted to a for-profit for‐profit organization, the FUNDED PARTNER should include in its contract with the for-profit for‐profit entity a requirement for performance of a program specific audit of the sub- contracted subcontracted program by an independent audit firm. I. The FUNDED PARTNER shall require the subcontractor to maintain adequate staff to meet the subcontractor’s agreement with the Funded Partner. This staff shall be available for trainings and meetings which A4AA may find necessary from time to time. J. If a private nonprofit corporation, the subcontractor shall be in good standing with the Secretary of the State of California and shall maintain that status throughout the term of the agreement. K. The FUNDED PARTNER shall immediately notify A4AA of any changes to subcontractors or subcontracted services, described in W&I Code Sections 9541 through 9547, within the term of this Contract Agreement. FUNDED PARTNER shall also notify A4AA if subcontracted services are different than those services approved and contracted for in the prior fiscal year. L. FUNDED PARTNER shall refer to the guidance in OMB Circular A-133 Section 210 in making a determination of whether a subcontractor and/or vendor relationship exists. If a vendor relationship exists then the FUNDED PARTNER shall follow the Procurement requirements in the applicable OMB Circular.