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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
<br />TERMS AND CONDITIONS
<br />GENERAL PROVISIONS
<br />ii) No officer or employee shall contract on his or her own 66. CMAS Risk of Loss or Damage
<br />behalf as an independent contractor with any State
<br />agency to provide goods or services. The State shall be relieved from all risks of loss or damage to the
<br />equipment under this contract prior to delivery and /or installation
<br />c) Former State Employees (Public Contract Code Section as defned in the actual purchase order except when such loss or
<br />10411): _ damage is due to fault or negligence of the State.
<br />i) For the two-year period from the date he or she left
<br />State employment, no former State officer or employee
<br />may enter into a contract in which he or she engaged in
<br />any of the negotiations, transactions, planning,
<br />arrangements or any part of the decision- making
<br />process relevant to the contract while employed in any
<br />capacity by any State agency.
<br />ii) For the twelve -month period from the date he or she
<br />left State employment, no former State officer or
<br />employee may enter into a contract with any State
<br />agency if he or she was employed by that State agency
<br />in a policy- making position in the same general subject
<br />area as the proposed contract within the twelve -month
<br />period prior to his or her leaving State service.
<br />63. CMAS Subcontracting Requirements
<br />Any subcontractor that the CMAS supplier chooses to use in
<br />fulfilling the requirements of this contract/purchase order, and
<br />which is expected to receive more that ten (10) percent of value
<br />of the contract/purchase order, must also meet all contractual,
<br />administrative, and technical requirements of the
<br />contracVpurchase order, as applicable.
<br />64. CMAS Rental ,Agreements
<br />The State does not agree to:
<br />• Indemnify a contractor;
<br />• Assume responsibility for matters beyond its control;
<br />• Agree to make payments in advance:
<br />• Accept any other provision creating a contingent liability
<br />against the State: or
<br />• Agree to obtain insurance to protect the contractor.
<br />The State's responsibility for repairs and liability for damage or
<br />loss is restricted to that made necessary by or resulting from the
<br />negligent act or omission of the State or its officers, employees,
<br />or agents.
<br />If the contractor maintains the equipment, the contractor must
<br />keep the equipment in good working order and make all
<br />necessary repairs and adjustments without qualification. The
<br />State may terminate for default or cease paying rent should the
<br />contractor fail to maintain the equipment property,
<br />Personal property taxes are not generaily reimbursed when
<br />leasing equipment (SAM 6736).
<br />65. CMAS Lease (Lease SMart TM)
<br />I an agency desires to lease through Lease Stlart 1, the
<br />contractor agrees to sell to lessor the assets at the same price as
<br />they agree to sell to the State.
<br />February 2001 11
<br />67. CMAS Noncollusion Affidavit
<br />Contractor hereby certifies that any quotation provided for a
<br />CMAS order or project is not made in the interest of, or on behalf
<br />of, any undisclosed person, partnership, company, association,
<br />organization, or corporation; that the quotation is genuine and not
<br />collusive or sham; that the contractor has not directly or indirectly
<br />induced or solicited any other contractor to put in a false sham
<br />quotation, and has not directly or indirectly colluded, conspired,
<br />connived, or agreed with any contractor or anyone else to put in a
<br />sham quotation, or that anyone shall refrain from quonog; that the
<br />contractor has not in any manner, directly or indirectly, sought by
<br />agreement, communication, or conference with anyone to fix any
<br />overhead, profit, or cost element of the quoted price, of that of
<br />any other contractor, or to secure any advantage against the
<br />public body awarding the contract or anyone interested in the
<br />proposed contract: that all statements in the quotation are true;
<br />and, further, that the contractor has not, directly or indirectly,
<br />submitted its quoted price or any breakdown thereof, of the
<br />contents thereof, or divulged information or data relative thereto,
<br />or paid, and will not pay, any fee to any corporation, partnership,
<br />company, association, organization, quote depository, or to any
<br />member of agent thereof to effectuate a collusive or sham
<br />quotation.
<br />66. Union Organizing
<br />Contractor by signing this agreement hereby acknowledges the
<br />applicability of Government Code Section 16645 through Section
<br />16649 to this agreement.
<br />a) Contractor will not assist, promote or deter union organizing
<br />by employees performing work on a state service contract,
<br />including a public works contract.
<br />b) No state funds received under this agreement will be used to
<br />assist, promote or deter union organizing.
<br />c) Contractor will not, for any business conducted under this
<br />agreement, use any state property to hold meetings with
<br />employees or supervisors, if the purpose of suds meetings is
<br />to assist, promote or deter union organizing, unless the state
<br />property is equally available to the general public for holding
<br />meetings.
<br />d) if Contractor incurs costs, or makes expenditures to assist,
<br />promote or deter union organizing, Contractor will maintain
<br />records sufficient to show that no reimbursement from state
<br />funds has been sought for these costs. and that Contractor
<br />shall provide those records to the Attorney General upon
<br />request.
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