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11.0 PAYMENT TERMS AND INVOICING: Unless
<br />otherwise agreed, Dane County will pay properly submitted
<br />vendor invoices within thirty (30) days of receipt of goods or
<br />services, or combination of both. Payment will not be made
<br />until goods or services are delivered, installed (if required),
<br />and accepted as specified. Invoices presented for payment
<br />must be submitted in accordance with instructions contained
<br />on the purchase order.
<br />11.1 NO WAIVER OF DEFAULT: In no event shall the
<br />making of any payment or acceptance of any service or
<br />product required by this Agreement constitute or be
<br />construed as a waiver by County of any breach of the
<br />covenants of the Agreement or a waiver of any default of the
<br />successful vendor, and the making of any such payment or
<br />acceptance of any such service or product by County while
<br />any such default or breach shall exist shall in no way impair
<br />or prejudice the right of County with respect to recovery of
<br />damages or other remedy as a result of such breach or
<br />default.
<br />12.0 TAXES: The County and its departments are
<br />exempt from payment of all federal tax and Wisconsin state
<br />and local taxes on its purchases except Wisconsin excise
<br />taxes as described below. The State of Wisconsin
<br />Department of Revenue has issued tax exempt number
<br />ES41279 to Dane County.
<br />12.1 The County is required to pay the Wisconsin excise
<br />or occupation tax on its purchase of beer, liquor, wine,
<br />cigarettes, tobacco products, motor vehicle fuel and general
<br />aviation fuel. The County is exempt from Wisconsin sales or
<br />use tax on these purchases. The County may be subject to
<br />other states' taxes on its purchases in that state depending
<br />on the laws of that state. Vendors performing construction
<br />activities are required to pay state use tax on the cost of
<br />materials.
<br />13.0 GUARANTEED DELIVERY: Failure of the vendor
<br />to adhere to delivery schedules as specified or to promptly
<br />replace rejected materials shall render the vendor liable for
<br />all costs in excess of the contract price when alternate
<br />procurement is necessary. Excess costs shall include
<br />administrative costs.
<br />14.0 APPLICABLE LAW AND VENUE: This contract
<br />shall be governed under the laws of the State of Wisconsin,
<br />and venue for any legal action between the parties shall be
<br />in Dane County Circuit Court. The vendor shall at all times
<br />comply with and observe all federal and state laws, local
<br />laws, ordinances, and regulations which are in effect during
<br />the period of this contract and which in any manner affect the
<br />work or its conduct.
<br />15.0 ASSIGNMENT: No right or duty in whole or in part
<br />of the vendor under this contract may be assigned or
<br />delegated without the prior written consent of Dane County.
<br />16.0 NONDISCRIMINATION/AFFIRMATIVE ACTION:
<br />During the term of this Agreement the vendor agrees, in
<br />accordance with sec. 111.321, Wis. Stats., and Chapter 19
<br />of the Dane County Code of Ordinances, not to discriminate
<br />against any person, whether an applicant or recipient of
<br />services, an employee or applicant for employment, on the
<br />basis of age, race, ethnicity, religion, color, gender, disability,
<br />marital status, sexual orientation, national origin, cultural
<br />RFP #113105 -2-
<br />differences, ancestry, physical appearance, arrest record or
<br />conviction record, military participation or membership in the
<br />national guard, state defense force or any other reserve
<br />component of the military forces of the United States, or
<br />political beliefs. The vendor shall provide a harassment -free
<br />work environment. These provisions shall include, but not
<br />be limited to, the following: employment, upgrading,
<br />demotion, transfer, recruitment, advertising, layoff,
<br />termination, training, including apprenticeships, rates of pay
<br />or other forms of compensation.
<br />16.1 Vendors who have twenty (20) or more employees
<br />and a contract of twenty thousand dollars ($20,000) or more
<br />must submit a written affirmative action plan to the County's
<br />Contract Compliance Officer within fifteen (15) working days
<br />of the effective date of the contract. The County may elect to
<br />accept a copy of the current affirmative action plan filed with
<br />and approved by a federal, state or local government unit.
<br />16.2 The vendor agrees to post in conspicuous places,
<br />available for employees and applicants for employment,
<br />notices setting forth the provisions of this Agreement as they
<br />relate to affirmative action and nondiscrimination.
<br />16.3 Failure to comply with these Terms and Conditions
<br />may result in the vendor being debarred, termination of the
<br />contract and/or withholding of payment.
<br />16.4 The vendor agrees to furnish all information and
<br />reports required by Dane County's Contract Compliance
<br />Officer as the same relate to affirmative action and
<br />nondiscrimination, which may include any books, records, or
<br />accounts deemed appropriate to determine compliance with
<br />Chapter 19, D.C. Ords., and the provisions of this
<br />Agreement.
<br />16.5 Americans with Disabilities Act: The vendor agrees
<br />to the requirements of the ADA, providing for physical and
<br />programmatic access to service delivery and treatment in all
<br />programs and activities.
<br />17.0 PATENT, COPYRIGHT AND TRADEMARK
<br />INFRINGEMENT: The vendor guarantees goods sold to the
<br />County were manufactured or produced in accordance with
<br />applicable federal labor laws, and that the sale or use of the
<br />articles described herein do not infringe any patent,
<br />copyright or trademark. The vendor covenants that it will, at
<br />its own expense, defend every suit which shall be brought
<br />against the County (provided that such vendor is promptly
<br />notified of such suit, and all papers therein are delivered to
<br />it) for any alleged infringement of any patent, copyright or
<br />trademark by reason of the sale or use of such articles, and
<br />agrees that it will pay all costs, damages, and profits
<br />recoverable in any such suit.
<br />18.0 SAFETY REQUIREMENTS: All materials,
<br />equipment, and supplies provided to the County must fully
<br />comply with all safety requirements as set forth by the
<br />Wisconsin Department of Commerce and all applicable
<br />OSHA Standards.
<br />18.1 MATERIAL SAFETY DATA SHEET: If any item(s)
<br />on an order(s) resulting from this award(s) is a hazardous
<br />chemical, as defined under 29 CFR 1910.1200, provide one
<br />(1) copy of the Material Safety Data Sheet for each item with
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