1-City PO terms conditions Revised 3.19.26.pdf
PDF 115 KB Posted
- Solicitation number
- SLCI26108
- Issued by
- Salt Lake County, Salt Lake City, Utah
About this file
This is a Purchase Order Terms and Conditions document issued by Salt Lake City Corporation in connection with a Request for Bid (SLCI26108) for Polara Ped Push Buttons. The document establishes the standard contractual framework governing all purchases made by Salt Lake City and applies to the procurement of signal buttons from qualified contractors. While specific project timelines, quantities, delivery dates, and award information are not detailed in this terms and conditions document itself, the referenced bid solicitation indicates that Salt Lake City is seeking competitive sealed bids for Polara Ped Push Buttons. The terms and conditions document does not specify site visits, bidder conferences, contract term length, or renewal options, as these details would typically be contained in the separate bid solicitation documents.
Payment shall be rendered on a Net 30-day basis unless other discount terms are offered by the vendor or prior negotiated terms have been accepted by the City. The City will not accept COD shipments, and all goods must be new unless otherwise specified. Freight is FOB destination unless alternative terms are agreed upon in writing, with no charges allowed for packing and freight unless previously agreed upon in writing. The vendor must include all applicable federal excise taxes unless exemption is authorized, and the City will pursue reimbursement for any taxes improperly included. The vendor is responsible for full compliance with all licensing and permit requirements, assumes responsibility for employee safety, and must indemnify the City against claims arising from the vendor's performance. A one-year warranty is required on all goods delivered, and the vendor must ensure conformity with City specifications and quality standards. The agreement is governed by Utah state law and enforced exclusively in Salt Lake City federal or state courts.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 2-SLCI26108.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Purchase Order
Purchase Order Number
Purchase Order Date
Purchase Order Type
Req. No.
Requested Delivery Date
Payment Terms
Payment Type
Buyer
Phone Number
SALT LAKE CITY PURCHASE ORDER - TERMS AND CONDITIONS
This purchase order constitutes an offer to purchase and not an acceptance of any offer to sell. This offer for goods and/or services may be accepted only in accordance with all terms and conditions of this order without modification, addition, deletion, or alteration.
1. Acceptance: In absence of written acceptance or the written confirmation by Vendor, the commencement of any work pursuant to this order or the delivery of any goods and/or performance of services described herein shall be deemed an acceptance hereof by Vendor.
2. Identification: All shipping containers, shipped documents and invoices must be labeled with the Purchase Order number, job name and “Shipped To” information without exception. Every shipment must be accompanied by a legible packing list or tally containing complete information.
3. Taxes: Federal Excise and other taxes on which exemption is allowed government agencies must not be included or added to the price of any item on this order unless otherwise authorized on the face of this Purchase Order. Necessary exemption certificates will be supplied upon request if more than what is contained on the face of this Purchase Order is needed. Any taxes later found to have been included and paid by City shall be refunded by Vendor in the amount of the tax so paid.
4. Prices: If prices decline before City’s receipt of shipment, the revised prices shall govern. Otherwise, invoices shall be approved for payment only at the prices set forth in this Purchase Order or, if applicable, at any revised prices agreed to by the parties in an executed change order.
5. Production and Manufacturing Processes: Any knowledge or information which Vendor may disclose to City in connection with this transaction, shall not, unless otherwise specifically agreed to in writing by City, be deemed confidential or proprietary information and shall be acquired free of any such restrictions (other than a claim for City’s infringement of Vendor’s patents, copyrights, trademarks, or other intellectual property rights) as part of consideration for this order.
6. Drawing Approval: Items requiring City’s approval of drawings shall not be shipped or invoiced without such approval. Any expense incurred by City through Vendor’s failure to comply with this paragraph shall be deducted from the total purchase order amount.
7. Packing and Freight:
A. No charge will be allowed for packing and freight unless agreed upon in writing prior to acceptance of the order.
B. Materials must be packed in conformity with tariff and classification requirements so as to secure the lowest possible freight rates.
C. City shall receive the benefit of any decrease in freight rates between the time of quotation and the date of shipment in all cases where freight is part of the quoted price.
D. Vendor shall not make partial shipments or deviate from the shipping and routing instructions hereon without prior authorization from the City, and Vendor agrees to reimburse City for any additional expenses incurred from Vendor’s breach of these terms and conditions.
E. Freight shall be FOB destination unless other terms have been agreed upon, in writing, by both parties.
8. Delivery: Delivery shall not be made to any place other than the destination specified without City’s prior written approval. If delivery cannot be made within the time specified, immediately advise the individual listed in the “Ship To” section on page 1 of this Purchase Order.
9. Payment:
A. Payment terms shall be Net 30 days unless other discount terms are offered by Vendor, or otherwise prior negotiated terms have been accepted by City.
B. No C.O.D. shipments will be accepted.
10. Rejection/Reimbursements: If within a reasonable time after delivery, City finds goods or services ordered hereunder to be defective in workmanship or material, or otherwise not in conformity with this Purchase Order, City may, in addition to its other rights, reject and return such goods or reject such services at Vendor’s expense and such goods may not be replaced, nor shall such services be re-performed by Vendor without written authorization from City.
11. Time of Essence: Time is of the essence regarding this Purchase Order, and if Vendor shall fail to deliver the materials or services at the time specified herein, City upon written notice to the Vendor shall have the right to procure materials or services elsewhere and the Vendor hereby agrees to pay any additional charge, cost, or penalty that City may incur thereby. Because time is the essence regarding this Purchase Order, City also reserves the right to cancel this order without penalty if shipments are not made as specified herein. City further reserves the right to cancel a portion or all of this order for any reason and upon such cancellation shall pay Vendor’s reasonable costs incurred.
12. Indemnity: The following indemnification requirements apply to this Purchase Order.
A. Vendor shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, demands, actions, damages, costs, charges, and causes of action every kind of character, including attorney’s fees, arising out of Vendor’s intentional, reckless, or negligent performance hereunder. Vendor’s duty to defend City shall exist regardless of whether City or Vendor may ultimately be found to be liable for anyone’s negligence or other conduct. If City’s tender of defense, based upon this indemnity provision, is rejected by Vendor, and Vendor is later found by a court of competent jurisdiction to have been required to indemnify City, then in addition to any other remedies City may have. Vendor shall pay City’s reasonable costs, expenses, and attorney’s fees incurred in proving such indemnification, defending itself, or enforcing this provision. Nothing herein shall be construed to require Vendor to indemnify the indemnitee against the indemnitee’s own negligence. The provisions of this section 12 shall survive the termination of this Purchase Order.
Purchase Order
Purchase Order Number
Purchase Order Date
Purchase Order Type
Req. No.
Requested Delivery Date
Payment Terms
Payment Type
Buyer
Phone Number
B. City assumes no responsibility for any damage or loss that may occur to Vendor’s property, except the obligation City assumes that it will not willfully or intentionally damage the property of the Vendor. City has no responsibility for any equipment maintenance, or for Vendors employees. Nothing in this Purchase Order shall be construed to create a partnership, joint venture, or employment relationship.
C. Vendor’s acts and omissions, for purposes of subsections A and B, above, shall include, without limitation, any violation of federal, state, or local environmental laws or requirements by Vendor or Vendors officer, directors, agents, subcontractors or suppliers of any tier, and Vendor’s indemnification, hold harmless and defense obligation shall include, but not be limited to, all cleanup and remedial costs, diminution in the value of City property, fines, judgements, actions, penalties, administrative proceedings, demands, damages, mitigation, as a result of Vendor’s acts or omissions pursuant to this Purchase Order, and reasonable legal fees and costs incurred by City in connection with any such violation or the enforcement of this provision.
13. Warranty: For a minimum of one (1) year after delivery to City, Vendor warrants that the goods or completion of services to City, furnished hereunder shall conform to the requirements and specifications of this order and shall be in good workmanship and quality, free of all defects and fit for the purpose for which they are intended. Any disclaimers of express or implied warranties and limitations of liability from or in connection with the Vendors goods or services provided hereunder will be of no effect unless assented to in writing by City.
14. Assignment: Except for an assignment or subcontract to an affiliated company or a company that, through merger or acquisition, acquires all the assets and duties of Vendor, Vendor cannot assign or subcontract any part of this Purchase Order without prior written consent of City.
15. Non-Waiver: City’s failure to insist upon strict performance of the terms and conditions hereof shall not be construed as a waiver of the right to rely on such Terms and Conditions in the future.
16. Terms of Agreement: The terms of this Purchase Order shall be construed in accordance with the laws of the State of Utah and enforced only in the federal or state courts located in Salt Lake City, Utah.
17. For ADA Accommodation: Please allow 48 hours-notice, TDD phone (801) 535-6021, FAX (801) 535-6190.
18. Licenses and Permits: Vendor shall possess and keep in force all licenses and permits required to perform the services of this Purchase Order.
19. Damage: Vendor shall assume full responsibility for damage to City property caused by Vendor’s employees or equipment as determined by designated City personnel.
20. Safety: Vendor shall be solely responsible for the safety of Vendor’s employees and others relative to Vendor’s work, work procedures, material, equipment, transportation, signage, and related activities and equipment.
21. Goods to be New: Unless otherwise specifically stated all goods provided pursuant to this Purchase Order shall be new.
22. Vendor shall ensure that any information or materials developed for public access pursuant to this Purchase Order conforms to the standards set forth in the Salt Lake City Communications & Engagement Guide for Consultants, and such materials shall not be released until approval is received in writing from both the City Communications Team and the department project manager.
23. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, including but not limited to the requirements set forth in Utah Code § 63G-6a-1203, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
Nothing in this Agreement, including this severability clause, shall be construed as a waiver, limitation, or modification of any immunities, defenses, limitations of liability, or other protections afforded to the City under the Utah Governmental Immunity Act (Utah Code § 63G-7-101 et seq.), the Utah Constitution, Utah Code § 63G-6a-1203, or other applicable law.
24. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES:
Vendor represents that it has not: (1) provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this Purchase Order upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the city’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence a city officer or employee or former city officer or employee to breach any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 3.24.130, Salt Lake City Code.
25. Entire Agreement: This Purchase Order embodies the entire agreement between the parties and the terms of this Purchase Order shall supersede and prevail over any additional or conflicting terms or provisions that may be set forth or printed on Vendor’s work plans, cost estimate forms, receiving tickets, invoices, or any other standard forms or documents of Vendor that may be subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initiated by a representative of City.
File details come from the government source that posted it. Updated .