|
CITY OF EVERETT
<br /> STANDARD TERMS AND CONDITIONS
<br /> INVITATION TO BID, REQUEST FOR QUOTATION & PURCHASE ORDER CONTRACT
<br /> THE PURCHASE ORDER INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND INCLUDES, BUT IS NOT LIMITED TO THE INVITATION TO BID, REQUEST
<br /> FOR QUOTATIONS,SPECIFICATIONS,PLANS AND PUBLISHED RULES AND REGULATIONS OF THE CITY OF EVERE I I AND THE LAWS OF THE CITY OF EVERETT
<br /> PURCHASING DIVISION AND THE STATE OF WASI-IINGTON,WHICH ARE HEREBY INCORPORATED BY REFERENCE.
<br /> 1. CHANGES No alteration in any of the terms,conditions,delivery price,quality,quantilies,or specifications of this order will he effective without written consent of
<br /> I l.a iIJLii•1l. irk i r u yl_ _��rlh'.e:J k,'r h_u i�ilrr n 1,n it.lLl0il i I' t rnut lit i,t_J i�•I_ .0 r,�, i it��,rnl' r�-, _�v n--ur r_i ;r i_,_I,,out �'I , c_�l�e�d L'._iu.
<br /> 3. DELIVERY For any exception to the delivery date as specified on this order, vendor shall give prior notification and obtain written approval thereto from the
<br /> Purchasing Manager or appropriate Buyer with respect to delivery under this order.Time is of the essence and the order is subject to termination for failure to deliver
<br /> as specified and/or appropriate damages.
<br /> The acceptance by the Purchaser of late performance, with or without objection or reservation, shall not waive the right to claim damage for such breach nor
<br /> conslihrte a waiver of the requirements for the timely performance of any obligation remaining to be performed by Vendor.
<br /> 4. PAYMENTS, CASH DISCOUNT. LATE PAYMENT CHARGES Invoices will not he processed for payment, nor will the period of computation for cash discount
<br /> commence,until receipt of a properly completed invoice or invoiced items are received,whichever is later,If an adjustment i i payment is necessary due to damage
<br /> or dispute, the cash discount period shall commence on the date final approval for payment is authorized.
<br /> 5. SHIPPING INSTRUCTIONS Unless otherwise specified,all goods are to be shipped prepaid,F.O.B.Destination.Where shipping addresses indicate room numbers,
<br /> it will be up to the vendor to make delivery to that location at no additional charge where specific authorization is granted to ship goods FOB shipping point.Vendor
<br /> agrees to prepay all shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier and to bill the Purchaser as a
<br /> separate item on the invoice,for said charges.Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping
<br /> has been made. It is also agreed that the Purchaser reserves the right to refuse COD shipments.
<br /> 6. REJECTION All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of
<br /> noncontanrrly to the terns and specifications of this order,whether held by the Purchaser or reilrned,will be at Vendor's risk and expense.
<br /> 7. IDENTIFICATION All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the
<br /> applicable purchase order number.
<br /> 8. INFRINGEMENTS Vendor agrees to protect and save harrnfess the Purchaser against all claims.Si tits or proceedings for patent, trademark,copyright or franchise
<br /> intringornent arising from the purchase,installation,or rise of goods and materials ordered,and to assume all expenses and damages arising from such claims,suits
<br /> or proceedings.
<br /> 9. WARRANTIES Vendor warrants that articles supplied under this order conform to specifications herein and ate fit for the purpose for which such goods are ordinarily
<br /> employed,except that if a particular purpose is stated, the material must then be fit for that particular purpose.
<br /> 10.ASSIGNMENTS I he provisions or monies due under this contract shall only be assignable with prior written consent of the Purchasing Manager or appropriate
<br /> Buyer.
<br /> 11.TAXES Unless otherwise indicated,the Purchaser agrees to pay all Slate of Washington sales or use tax. No charge by Vendor shall be made for federal excise
<br /> taxes,and the Purchaser agrees to furnish Vendor, upon acceplance of articles Srpplier)under this order,with an exempticn certificate.
<br /> 12.LILNS,CLAIMS AND FNCUMBRANCES Vendor warrants and represents that all lire goods and materials ordered herein are free and clear of all liens,claims,or
<br /> encumbrances of any kind.
<br /> 13.RISK OF l OSS Regardless of FOB point,Vendor agrees to bear all risks of loss,injury or(lest'action of goods and materals ordered herein which occur prior to
<br /> delivery.Such loss, injury or destruction shall not release Vendor from any obligation hereunder,
<br /> 14.SAVE HARMLESS Vendor shall protect, indemnity, and save the Purchaser harmless from and against any damage,cost or liability for any injuries to persons or
<br /> properly arising from acts or omissions of Vendor,his employees,agents or subcontractors howsoever caused.
<br /> 15.PRICES If price is not staled on this order,it is agreed that the goods shall be billed at the price last quoted or paid,or prevailing market price whichever is lower.
<br /> 16.TERMINATION In the event of a breach by Vendor of any of the provisions of this contract, the Purchaser reserves the right to cancel and terminate this contract
<br /> forthwith upon giving oral or miller]notice to Vendor.Vendor shall he liable for damages suffered by the Purchaser resulting from Vendor's breach of contract.
<br /> 17.NONDISCRIMINATION AND AFFIRMATIVE ACTION The Vendor agrees not to riscrinninate against any client, employee or applicant for employment or services
<br /> because of race,creed,color national origin,sex,marital status,age or the presence of any sensory,mental or physical handicap with regard to,but not limited to,
<br /> the followir rg:employment upgrading,demotion,transfer,recruitment or recruitment advertising,lay-offs or termination,rates of pay or other forms of compensation,
<br /> selection for training or rendition of services.
<br /> It is fur Cher understood that any vendor who is in violation of this clause or an applicable Affirmative Action Program shall be barred forthwith from receiving awards
<br /> of any purchase order from the CITY unless a satisfactory showing is made that discriminatory practices or noncompliance with applicable Affirmative Action
<br /> Programs have terminated and that a recurrence of such acts is unlikely.
<br /> 18.LABOR AND INDUSTRIES Contractor is required to procure Labor and Industries permits F700-007-0000 and F700-029-000 and abide by the requirements
<br /> thereof.Copies of"Statement of Intent to Pay Prevailing Wages"and"Affidavit of Wages Paid"shall he submitted to the City Clerk and Department of Labor and
<br /> Industries.
<br /> 19.ANTI-TRUST Vendor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact borne by the Purchaser.
<br /> Therefore,Vendor hereby assigns to the Purchaser any and all claims for such overcharges.
<br /> 20.DEFAUI T The Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default or the part of the Vendor,and the Vendor is adjudged
<br /> by a court of competent jursdiction to be in dela ill,he shall pay to the Purchaser all cost,expenses expended or incurred by the Purchaser in connection therewith,
<br /> and reasonable attorney's fees.The Vendor agrees that the Superior Court of the State of Washington shall have juriscliction over any such suit,and that venue shall
<br /> be laid in Snohomish County.
<br /> 21.BRANDS When a special brand is named,it shall lie construed solely for the purpose of indicating the standard of quality,performance,or use desired. Brands
<br /> of equal qi ality. performance,and use shall be considered,provided Vendor specifies lire brand and model and submits descriptive literature when available.Any
<br /> bid containing a brand which is not of equal quality, performance,or use specified must he represented as an alienate and not as an equal,and failure to do so
<br /> shall be sufficient reason In disregard the bid.
<br /> 22.ACCEPTANCE BY ACCEPTING THIS PURCHASE ORDER IN WRITING OR BY DELIVERING THE MATERIAL ORDERED,YOU ACCEPT ALL OF THE TERMS AND
<br /> CONDITIONS SET FORTH.FORMAI.OBJECTION IS HEREBY MADE TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR AS A CONDITION
<br /> OF ACCEPTANCE OR DELIVERY.
<br /> 23. the CONi RAC TOR rr consideration of the sums to be paid to him by the CITY,hereby agrees to furnish all labor,tools,materials,equipment and supplies required
<br /> and shall,in a workman like manner,perform the work as more fully set forth in the Scope of Work.
<br /> 24.The CONTRACTOR agrees that he shall actively solicit the employment of disadvantaged group members.CON I RACT OR further agrees that he shall actively solicit
<br /> bids for the suI_rcontracling of goods or services from qualified disadvantaged businesses. CONTRACTOR shall furnish evidence of his compliance with these
<br /> requirements of disadvantaged employment and solicitation.CONTRACTOR further agrees to consider the grant of subcontracts to said disadvantaged bidders on
<br /> the basis of substantially equal proposals in the Tight most favorable to said disadvantaged liusinesses. The CONi RACTOR shall be required to submit evidence of
<br /> compliance with this section. As used in this section, the term "disadvantaged business" means a business at least fifty-one percent of which is owned by
<br /> disadvantaged group members.Disadvantaged group members include,but are not limited to,African Americans,Women,Native Americans,and Asian Americans.
<br />
|