PARTY CONTRACTING Clause Samples
The PARTY CONTRACTING clause identifies and defines the parties who are entering into the agreement. It typically specifies the legal names, addresses, and sometimes the roles or capacities of each party involved, ensuring that there is no ambiguity about who is bound by the contract. By clearly establishing the contracting parties, this clause ensures that the rights and obligations set forth in the agreement are enforceable and attributable to the correct entities, thereby preventing disputes over party identity or authority.
PARTY CONTRACTING. A. RECIPIENT must perform the work contemplated with resources available within its own organization and no portion of the work will be completed by a third-party contractor without written authorization by SANDAG. Any third-party contract entered into as a result of this AGREEMENT must contain all the provisions stipulated in this AGREEMENT to be applicable to RECIPIENT’s third-party contractor. By requesting approval from SANDAG for use of a third-party contractor, RECIPIENT will be asserting to SANDAG that it has an independent contractor relationship with that third-party contractor that meets the requirements under California law.
B. RECIPIENT must execute and cause its third-party contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with government entities. RECIPIENT must provide signed debarment and suspension certificates to SANDAG in advance of utilizing any third-party contractor.
C. Any third-party contract entered into by RECIPIENT as a result of this AGREEMENT must mandate that travel and per diem reimbursements and third-party contract reimbursements will be allowable as Project costs only after those costs are incurred and paid for by the third-party contractor.
D. If a local match is required, RECIPIENT must ensure that local match funds used for the Project meet the requirements outlined in this AGREEMENT in the same manner as is required of all other Project expenditures.
E. Although RECIPIENT may delegate any or almost all Project responsibilities to one or more third- party contractors at any tier, RECIPIENT agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this AGREEMENT.
PARTY CONTRACTING.
A. SUBRECIPIENT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be completed by a third-party contractor without written authorization by SANDAG, unless expressly included (third-party contractor identified) in the Project Description. Any third-party contract entered into as a result of this AGREEMENT shall contain all the provisions stipulated in this AGREEMENT to be applicable to SUBRECIPIENT’s third-party contractor. By requesting approval from SANDAG for use of a third-party contractor, RECIPIENT will be asserting to SANDAG that it has an independent contractor relationship with that third-party contractor that meets the requirements for an independent contractor relationship under California law.
B. SUBRECIPIENT shall not award contracts over $3,500 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of SANDAG. Contracts awarded by SUBRECIPIENT, if intended as Match Percentage, must meet the requirements set forth in this AGREEMENT regarding local match funds.
C. SUBRECIPIENT shall execute and cause its third-party contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with the federal government. SUBRECIPIENT shall provide signed debarment and suspension certificates to SANDAG in advance of utilizing any third-party contractor.
D. Any third-party contract entered into by SUBRECIPIENT as a result of this AGREEMENT shall mandate that travel and per diem reimbursements and third-party contract reimbursements will be allowable as Project costs only after those costs are incurred and paid for by the third-party contractor.
E. If local match is a requirement of these funds, SUBRECIPIENT must ensure that local match funds used for the Project meet the requirements outlined in this AGREEMENT in the same manner as is required of all other Project expenditures.
F. Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more third-party contractors at any tier, SUBRECIPIENT agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this AGREEMENT.
PARTY CONTRACTING. Metro Government shall not subcontract outside the bargaining unit for the purpose of reducing or replacing employees covered by this agreement. LMRC, however, reserves the right to conduct business in support of Metro Government, and this Article shall not be construed to prevent LMRC from contracting services to meet operational requirements.
G. TRAINING PERIOD The trainee position is subject to a satisfactory completion of a training period of one hundred eighty (180) calendar days, unless extended. A one-time extension of the training period will not exceed a period of sixty (60) calendar days upon consultation with the employee and his/her immediate supervisor at least ten (10) calendar days prior to the end of the initial one-hundred eighty (180) day training period. The Department Director or designee, will provide each employee whose training period is being extended with a written evaluation of the employee’s performance explaining what the employee must do to satisfactorily complete training.