Res 1979-036 - Laserfiche WebLink

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I I 14. UTILIZATION OF SMALL AND MINORITY BUSINESS In accordance with EPA policy as expressed in 40 CFR 35.936-7, the engineer agrees that qualified small business and minority business enterprises shall have the maximum practicable opportunity to participate in the performance of EPA grant-assisted contracts and subcontracts. 15. COVENANT AGAINST CONTINGENT FEES The engineer warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees. For breach or violation of this warranty the owner shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such corrunission, percentage, brokerage, or contingent fee. 16. GRATUITIES (a) If it is found, after notice and hearing, by the owner that the engineer, or any. of the engineer's agents Dr representatives, offered Dr gave gratuities (in the form of entertainment, gifts, or otherwise), to any official, employee, or ag~nt of the owner, of the State, or of EPA in an attempt to secure a contract or favorable treatment in awarding, amending, or making any determinations re- lated to the performance of this agreement, the owner may, by written notice to the engineer, terminate the right of the engineer to proceed under this ngree- "ment. 'l'he owner may also pursue other rights and remedies that the law or this agreement provides. However, the existence of the facts upon which the owner bases such findings shall be in issue and may be reviewed in proceedings under .the remedies clause of this agreement. (b) In the event this agreement is terminated as provided in paragraph .(a) hereof, the owner shall be entitled: (1) To pursue the same remedies against the engineer as it could pursue in the event of a breach of the contract by the .engineer, and (2) as a penalty, in addition to any other damages which it may be en~itled by law to exemplary damages in an amount (as determined by the owner) which sahlI be not less than 3 nor more than 10 times the costs the engineer incurs in providing any such gratuities to any such officer or employee. 17. PATENTS If this agreement involves research, developmental, experimental, or demon- .stration work and any discovery or invention arises or is developed in the course of or under this agreement, such invention or discovery shall be subject to the reporting and rights provisions of subpart D or 40 CFR part 30, in effect on the date of execution of this agreement,. including appendix B of part 30. In such case, the engineer shall report the discovery or invention to EPA directly or through the owner, and shall otherwise comply with the owner1s responsibilities in accordance with subpart D of 40 CFR part 30. The engineer agrees that the disposition of rights to inventions made under this agreement shal~ be in ac- cordan~e with the terms and conditions of appendix B. The engineer shall include appropriate patent provisions to achieve the purpose of this condition in all subcontracts inVOlving research developmental, experimental, or demonstration work. Page 7 of 8 pages