Purchase Order Terms And Conditions
The following conditions shall form a part of all Purchase orders issued by the City of Bakersfield for the purchase of goods, materials and equipment. The City’s Invitations to Bid or contracts may contain additional terms and conditions that supplement or modify the terms and conditions listed below. In accepting an award from the City of Bakersfield, Vendor agrees to having read and acknowledges these terms and conditions.
City Of Bakersfield Business Tax Certificate. Any vendor/contractor who performs work or makes deliveries within the City shall have a current City of Bakersfield Business Tax Certificate on file with the city’s business tax section.
Local Preference. A one percent (1%) local preference will be extended to those businesses located within the Bakersfield city limits possessing a City of Bakersfield Business Tax Certificate and a California State Board of Equalization Sales Tax Permit Number coded to remit sales tax revenue to the City of Bakersfield.
Acceptance: Any order resulting from this Request for Quotations is effective and expressly conditioned on Vendor’s assent to all terms and conditions specified herein that are that are additional to or different from those stated in Vendors’ quotation or other offering documents. Any addition to, change in, modification of, or revision of this order shall not be binding unless expressed in writing by an authorized agent of the City of Bakersfield, hereinafter called “the City”.
Delivery: All prices reflect F.O.B. the City unless otherwise stated herein. Inside, basement delivery of fully assembled items may be required. Since time is of the essence, deliveries are to be made in the quantities, and at the time specified herein. If vendor’s deliveries fail to meet schedule, the City, without limiting its other rights or remedies, may direct expedited routing at no additional charge to the City or may cancel this order or any portion hereof. Vendor shall be liable to the City for all damages, losses and liability incurred by the City, directly or indirectly, as a result of vendor’s breach. Where the City has so authorized in writing, goods may be shipped F.O.B. Shipping Point, but vendor shall prepay all shipping charges and list said charges as a separate item on vendor’s invoice unless otherwise specified herein. The City does not accept C.O.D. shipments.
Substitutions: All substitutions, partial deliveries and back orders require notification to, and the consent of, the Buyer whose signature appears on Page 1.
Merchantability. There shall be an implied warranty of merchantability and fitness for intended use. Any quotation taking exception to this requirement may, at the City’s option, be considered non-responsive.
Price: If price(s) is shown as NOT TO EXCEED or ESTIMATE, actual price(s) may not exceed the price shown on the front of this purchase order without the express authorization of the Buyer whose signature appears on Page 1, unless otherwise stated herein.
Price Warranty: In the event vendor reduces the price(s) for article(s) during the term of this order, vendor agrees to reduce the price(s) hereof correspondingly. Vendor warrants that prices shown on this Purchase Order shall be complete and no additional charges shall be added without express written consent of the Buyer whose signature appears on Page 1.
Special Charges: Vendor shall be responsible for the payment of all charges for handling, shipping, packaging, wrapping, bags, containers, boxing, crating, labeling, customs duties, taxes, storage, insurance, and other related matters unless the City has assumed an express obligation therefore by notation elsewhere herein.
Taxes: The City must pay State Sales Tax. The City is exempt from paying Federal Excise Taxes. A certificate will be furnished upon request.
invoices: Invoices shall be submitted in duplicate to the City of Bakersfield Finance Department, 1600 Truxtun Avenue, Bakersfield, CA 93301. It is vendor’s responsibility to submit all invoices directly to the Finance Director rather than to the Purchasing Division or the using department and no invoice shall be considered due for payment until received by the Finance Director. The Purchase Order Number must appear on all correspondence associated with this order, i.e., invoices, packing slips, shipping containers and letters. Failure to state the Purchase Order Number may delay payment.
Discount: Invoices against completed orders are paid by the City Finance Director after authorization by the appropriate City Department. If the City is entitled to a cash discount, the period of computation thereof will commence on the date of acceptance of correct, undamaged goods or receipt of a correctly completed invoice, whichever is later and NOT the date of the invoice.
Payment: Payment will be made within thirty (30) days after receipt of a correct invoice or acceptance of goods and/or services, whichever occurs later. Payment of invoices shall not constitute acceptance of the goods and/or services and invoices shall be subject to adjustment for defect in quality or failure of Vendor to meet City terms and conditions and contract specifications, if any.
Warranty: Vendor expressly warrants that all goods and services shall conform to all specifications, drawings and samples which may have been provided to the City. Goods and services shall be of good merchantable quality, free from material defect, of good workmanship and fit for the known purpose for which sold or provided. The cost of returning goods found to be otherwise shall be borne by the vendor.
Liens, Claims And Encumbrances: Vendor warrants and represents that all the goods when delivered hereunder, will be free and clear of all liens, claims, encumbrances and infringements of any patents, trademarks, copyrights or franchise rights.
Termination: The City may terminate this order, or any part hereof, for cause in the event of default by vendor, or if vendor fails to comply with any of the terms and conditions of this purchase order. Late deliveries, deliveries of defective products and/or non-conforming products and failure to provide the City, upon request, of responsible assurance of future performance, shall be sufficient cause allowing the City to terminate this order. In the event of termination for cause, the vendor shall be liable to the City for any and all damages sustained by reason of default that gives rise to the termination. Acceptance of part of the order shall not obligate the City to accept later shipments and shall not affect its rights to return goods already accepted.
Force Majeure: Neither party shall be liable for defaults or delays due to Acts of God or the public enemy, acts or demands of any government or any governmental agency, strikes (excepting strikes related to vendor’s employees), fires, floods, earthquakes, accidents or other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay within five (5) days after the beginning period thereof.
Non-Discrimination: The California Fair Employment Practices Act (Labor Code Sec. 1410-1433) prohibits discrimination in employment on the basis of race, religion, color, gender, physical handicap, mental condition, marital status, age, national origin or ancestry and is applicable to all employers, employment agencies and labor organizations. Title VII of the Federal Civil Rights Act (42 U.S.C. 2000e-2000e-17) prohibits employment discrimination on the basis of race color, gender, religion or national origin and applies to all employers that employ a minimum of fifteen (15) employees during each working day in each of twenty (20) or more calendar weeks in the current or preceding year. The City is an affirmative action employer and the City requires vendors and contractors to comply with the applicable laws relating to equal opportunity employment.
Insurance: Vendor shall maintain, and require its subcontractors to maintain (1) Commercial General Liability and Property Damage Insurance, including contractual liability, both general and automobile, in amounts set forth in City policy and (2) Workers’ Compensation Insurance.
Indemnification: Vendor shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by vendor, vendor’s employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City’s sole active negligence or willful misconduct.
Independent Contractor. Vendor, vendor’s employees or persons under contract to vendor in the performance of services on City property, or property under the City’s obligation, shall perform work as an independent contractor. Persons doing such work shall not be considered employees of the City.
Default: In case of any default by the vendor of any of the conditions of this contract, the vendor agrees that the City may procure the articles or services from other sources and may deduct such costs from the unpaid balance due to the vendor, or collect against the bond or security, or may invoice the vendor for excess costs so paid. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.
Assignment: Assignment by vendor of the contract or any part thereof, or of funds to be received hereunder, will not be binding upon the City unless such assignment has had prior written approval and consent of the City.
Health and Safety Orders. Materials and services must conform to all health and safety orders of the State of California and federal regulations.
Waiver: Failure on the part of the City to insist on performance of any terms or conditions herein, or to exercise any right or privilege or the City’s waiver or any breach hereunder shall not thereafter waive any other terms, conditions or privileges, whether the same or similar type.
Jurisdiction: This agreement shall be administered and interpreted under the laws of the State of California, including but not limited to the Uniform Commercial Code. Jurisdiction of litigation arising from this agreement shall be in that state, County of Kern. If any part of this agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the agreement shall be in full force and effect.