Page 9 - The Edge - Back to School 2018

CASE FOR VENDOR DEBARMENT What that means, Calderon said, is that: “Even if something
is written that is opposite in meaning to the provision; the
CONTINUED FROM PAGE 8 provision will still apply. It is a formal way of saying that the

the entire debarment process, her school district “evaluates them” provision will always apply. In your case, even if the act or any
(a suspected vendor) “out” of contention. other law says something opposed to that provision, it doesn’t
However, Bill Munch of Valley Schools Management Group matter.”
recommended that if a district nds a vendor who commits serious Indemnify in a contract means to compensate someone for
and repeated violations of the law, the district should go through harm or loss, or to secure someone against legal responsibility for
the debarment process. their actions, Calderon explained.
Calderon said he believes in redemption, and that a vendor “Hold harmless is broader than indemnify because it prevents
who was debarred many years ago, has corrected the problem and a seller, for example, from holding a buyer responsible for claims
has maintained a clean record since should not automatically be arising out of the buyer’s own negligence,” Calderon said.
rejected. Calderon warned: “Beware of disclaimers. Disclaimers are
On other issues, Calderon explained the di erence between binding.”
an amendment to a contract and an addendum. An amendment Additionally, he cautioned against limitations of liability. “It is a
contains a material and signi cant change to a contract, whereas an capitation of damages,” he explained.
addendum merely adds information that is not signi cant. Calderon strongly recommended: “Read the ne print.”
Calderon urged caution when a contract contains the following
language: “Notwithstanding other provisions in this agreement, the Ernest Calderon can be reached at: (602) 501-2533 or calderon@
terms and conditions of the solicitation shall govern the execution azlex.com. Charity Clark can be reached at: (480)266-5343 or
of…” Charity@CharityClarkLaw.com.

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