§. The Vendor represents and warrants to MAPC as follows:
i. That it and all Its personnel (whether employees, agents or independent Vendors) are
qualified and duly licensed as required by law and/or iocal municipal code to provide
services and/or goods required by this AGREEMENT,
ii. That it further agrees to perform services, including manufacturing, in a professional
manner achering to a reasonable standard of care and in accordance with all
applicable State or Federal laws, rules and regulations.
iii, That it will obtain any and all permits, bonds, Insurances and other items required for
the proper and fegal performance of the work,
iv. That itis nota party to any AGREEMENT, contract or understanding, which would in
any way restrict or prohibit it from undertaking or performing Its obligations
hereunder in accordance with the terms and conditions of this AGREEMENT.
Article lil
Performance of the Vendor
6. In the performance of service under this AGREEMENT, the Vendor acts at all times as an
independent contractor. There is no relatianship of employment or agency between MAPC, on
the one hand, and the Vendor on the other, and neither party shail have nor exercise any
contro! or direction over the method by which the other performs its work or functions aside
from such control or directions as provided in this AGREEMENT which the parties view as
consistent with their independent Vendor relationship.
7. The Vendor agrees to be responsible for and warrantee the work of its subcontractors listed In
Exhibit D and to ensure their compilance with all legal, quality and performance requirements
of the Request for Proposals ("RFP”] - RFP No. attached in Exhibit B; and the Vendor's Price
Proposal and Technical Proposal attached In Exhibit EF. The Vendor may not use subconiractors
not named in Exhibit D without the prior written consent of MAPC, which willl not unreasonably
be withheld.
Asticte IV
e of Fe
8. Time shall be of the essence in relation to Vandor’s performance under this AGREEMENT.
Vendor shall complete performance as promised In its quote that accompanies the Buyer's
purchase order or other document confirming Its authorization to the Vendor to proceed,
Reasonable extensions shall be granted by the Buyer at the written request of the Vendor,
provided the justifying circumstances are documented by and are beyond the reasonable
control of Vendor and without fault of Vendor. in the event of such an extension, all other
terms and conditions of this AGREEMENT, except the dates of commencement and completion
of performance, shall remain in full force and effect between the parties unless modified in
