DOCUMENT

ITB - Dairy Feed 2009

  • YEAR CREATED: 2009
  • ENTITY TYPE: State
  • TYPE OF DOCUMENT: BID - ITB, IFB, ITT, RFB
The document contains the general provisions and terms and conditions for a contract between the California Prison Industry Authority (CALPIA) and a contractor. The document includes various clauses related to shipment requirements, indemnity for patent, copyright, and trade secret infringement, subcontractors, priority hiring considerations, recycling certification, payment terms, and rights and remedies in case of default or breach by the contractor. According to the document, all shipments by the contractor or its subcontractors must include packing sheets with specific information such as CALPIA's contract number, item number, quantity, unit of measure, part number, description of the goods shipped, and evidence of inspection if required. Goods for different contracts should be listed on separate packing sheets. The contractor is required to hold CALPIA harmless from any liability for infringement or use of copyrighted or uncopyrighted compositions, secret processes, patented or unpatented inventions, articles, or appliances used in connection with the contract. The contractor may be required to furnish a bond against any loss or damage due to patent, copyright, and trade secret infringement. The contractor is also responsible for defending any action brought against CALPIA based on a claim that the goods or software supplied by the contractor infringe a United States patent or copyright or violate a trade secret. The contractor is required to be notified of any such claim and have sole control of the defense, with CALPIA having the option to participate at its own expense if government or public law principles are involved. In case the goods or software become or are likely to become the subject of an infringement claim, CALPIA may permit the contractor to procure the right to continue using them, replace or modify them to become non-infringing, or if none of these options are feasible, take back the goods or software and assist CALPIA in procuring substitute goods or software. CALPIA also has the option to terminate the contract if the return of infringing goods or software makes the retention of other goods or software impractical. The contractor is not liable to CALPIA for any claim of patent, copyright, or trade secret infringement based on the combination or utilization of goods with equipment or devices not provided by the contractor, the operation of equipment under different software, modifications made by CALPIA, or the combination or utilization of software with non-contractor supplied software. The document also includes provisions related to payment, subcontractors, priority hiring considerations for qualified recipients of aid, recycling certification, and the rights and remedies of CALPIA in case of default or breach by the contractor. Additionally, it states that any costs incurred by CALPIA as a result of the services the contractor agreed to supply shall be borne and paid for by the contractor.
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