11-15 Exhibits to Resolution Awarding Contract for 911 System Maintenance and Repair.pdf

5.12 LICENSES AND PERMITS The contractor shall obtain and maintain in full force and effect all required licenses, permits, and authorizations necessary to perform this contract. The contractor shall supply the State Contract Manager with evidence of all such licenses, permits and authorizations. This evidence shall be submitted subsequent to the contract award. All costs associated with any such licenses, permits and authorizations must be considered by the bidder in its proposal. 5.13 CLAIMS AND REMEDIES 5.13.1 CLAIMS All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et seq. 5.13.2 REMEDIES Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed or implied, of any remedy at law or equity, except as specifically and expressly stated in a writing executed by the Director. 5.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS In the event that the contractor fails to comply with any material contract requirements, the Director may take steps to terminate the contract in accordance with the State of NJ Standard Terms and Conditions, authorize the delivery of contract items by any available means, with the difference between the price paid and the defaulting contractor's price either being deducted from any monies due the defaulting contractor or being an obligation owed the State by the defaulting contractor as provided for in the State administrative code, or take any other action or seek any other remedies available at law or in equity. 5.14 LATE DELIVERY The contractor must immediately advise the State Contract Manager in writing, of any circumstance or event that could result in late completion of any task or subtask called for to be completed on a date certain. If the contractor cannot meet the contract completion date for any task or subtask required to be completed by a date certain, the contractor shall provide written explanation to the contract manager with an estimated delivery and/or completion date for the task or subtask. The Contractor shall assume all responsibility for its subcontractors, authorized dealers and resellers. 5.15 RETAINAGE The amount of retainage is noted on the RFP signatory page accompanying this RFP. The

tractor shall assume all responsibility for its subcontractors, authorized dealers and resellers. 5.15 RETAINAGE The amount of retainage is noted on the RFP signatory page accompanying this RFP. The using agency shall retain the stated percentage of each invoice submitted. At the end of each three (3) month period, the using agency shall review the contractor's performance. If performance has been satisfactory, the Using Agency shall release 90% of the retainage for the preceding three (3) month period. Following certification by the State Contract Manager that all services have been satisfactorily performed the balance of the retainage shall be released to the contractor. 53