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PURCHASE ORDER
<br />CONDITIONS OF PURCHASE
<br />DELIVER (PREPAID) BETWEEN 8:00 A.M. AND 3:00 P.M.,
<br />NO SATURDAY, SUNDAY OR HOLIDAY DELIVERIES WILL BE ACCEPTED.
<br />ENTIRE AGREEMENT
<br />Furnishing of items and fulfillment of services by Vendor under this
<br />purchase order constitutes an agreement to the Dane County Standard
<br />Terms and Conditions (STC), all applicable terms and conditions as
<br />specified in any Request for Bid, Quotation or Proposal and the
<br />Conditions of Purchase on this form. (For a copy of the STC, go to
<br />www.danepurchasing.com) The Dane County Standard Terms and
<br />Conditions are incorporated and made part of this agreement and shall
<br />apply to this purchase order and exceptions specified in this document
<br />and shall supersede any vendor terms and conditions incorporated into
<br />the bid, quotation or invoices. Further, the purchase order with
<br />referenced parts shall constitute the entire agreement and no other terms
<br />and conditions in any document, acceptance, or acknowledgement shall
<br />be effective or binding unless expressly agreed to in writing by Dane
<br />County.
<br />ACCFPTANCF
<br />This purchase order is offered for immediate acceptance by vendor.
<br />Unless notified within five (5) days to the contrary, the County will assume
<br />vendor accepts the order as written and will make delivery as specified.
<br />DELIVERY
<br />Deliveries shall be FOB destination freight prepaid and included unless
<br />otherwise specified. County will reject shipments sent C.O.D. or freight
<br />collect.
<br />CANCELLATION
<br />County reserves the right to cancel this order in whole or in part without
<br />penalty due to non -appropriation of funds or for failure of vendor to
<br />comply with terms, conditions, and specifications of this contract.
<br />FINANCIAL INTEREST PROHIBITED
<br />Under s. 946.13, Wis. Stats. COUNTY employees and officials are
<br />prohibited from holding a private pecuniary interest, direct or indirect, in
<br />any public contract. By executing this order, each party represents that it
<br />has no knowledge of a COUNTY employee or official involved in the
<br />making or performance of the order that has a private pecuniary interest
<br />therein. It is expressly understood and agreed that any subsequent finding
<br />of a violation of s. 946.13, Wis. Stat. may result in this order being voided
<br />at the discretion of the COUNTY.
<br />TAX EXEMPTIONS
<br />County and its departments are exempt from payment of all federal tax
<br />and Wisconsin state and local taxes on its purchases except Wisconsin
<br />excise taxes. The Wisconsin Department of Revenue has issued Tax
<br />Exempt Number ES41279 for Dane County government.
<br />APPLICABLE LAW & VENUE
<br />This purchase order shall be governed by and construed, interpreted and
<br />enforced in accordance with the laws of the State of Wisconsin and
<br />Wisconsin Courts, and venue for any legal action arising from this
<br />purchase order shall be in Dane County Circuit Court.
<br />PAYMENT TERMS AND INVOICING
<br />Unless otherwise provided herein or in attachments hereto, County will
<br />pay properly submitted invoices within thirty (30) days of receipt providing
<br />goods and/or services have been delivered, installed (if required), and
<br />accepted as specified. Invoices presented for payment must be
<br />submitted in accordance with instructions contained herein and on the
<br />purchase order.
<br />P.O. Conditions of Purchase 05/2020
<br />SAFETY REQUIREMENTS
<br />All materials, equipment, and supplies provided to the County must fully
<br />comply with all safety requirements as set forth by the Wisconsin
<br />Department of Commerce and all applicable OSHA Standards.
<br />MATERIAL SAFETY DATA SHEET
<br />If any item(s) on an order(s) resulting from this award(s) is a hazardous
<br />chemical, as defined under 29 CFR 1910.1200, provide one (1) copy of
<br />the Material Safety Data Sheet for each item with the shipped container(s)
<br />and one (1) copy with the invoice(s).
<br />COMPLIANCE WITH FAIR LABOR STANDARDS
<br />During the term of this Agreement, vendor shall report to the Controller,
<br />within ten (10) days, any allegations to, or findings by the National Labor
<br />Relations Board (NLRB) or Wisconsin Employment Relations commission
<br />(WERC) that vendor has violated a statute or regulation regarding labor
<br />standards or relations. If an investigation by the Controller results in a
<br />final determination that the matter adversely affects vendor's
<br />responsibilities under this Agreement, and which recommends
<br />termination, suspension or cancellation of this agreement, the County
<br />may take such action.
<br />VENDOR may appeal any adverse finding by the Controller as set forth in
<br />sec. 25.08(20)(c) through (e).
<br />VENDOR shall post the following statement in a prominent place visible to
<br />employees: "As a condition of receiving and maintaining a contract with
<br />Dane County, this employer shall comply with federal, state and all other
<br />applicable laws prohibiting retaliation or union organizing."
<br />NONDISCRIMINATION/AFFIRMATIVE ACTION
<br />During the term of this agreement Vendor agrees, in accordance with Wis.
<br />Stats. sec. 111.321 and Chapter 19 of the Dane County Code of
<br />Ordinances, not to discriminate against any person, whether an applicant
<br />or recipient of services, an employee or applicant for employment, on the
<br />basis of age, race, ethnicity, religion, color, gender, disability, marital
<br />status, sexual orientation, national origin, cultural differences, physical
<br />appearance, arrest record or conviction record, military participation,
<br />membership in the national guard, state defense force or any other
<br />reserve component of the military forces of the United States or political
<br />beliefs. Vendor shall provide a harassment -free work environment.
<br />These provisions shall include, but not be limited to, the following:
<br />employment, upgrading, demotion, transfer, recruitment, advertising,
<br />layoff, termination, training, including apprenticeships, rates of pay or
<br />other forms of compensation.
<br />Vendors who have twenty (20) or more employees and a contract of
<br />$20,000 or more must submit a written affirmative action plan to the
<br />County Contract Compliance Office within fifteen (15) days of the effective
<br />date of the contract. The County will accept a copy of a current
<br />affirmative action plan and a letter of approval filed with a federal, state or
<br />another local governmental unit. The plan must have been prepared or
<br />revised and approved not more than one year prior to the award date of
<br />the contract.
<br />Vendor agrees to post in conspicuous places, available for employees
<br />and applicants, notices setting forth the provisions of this agreement as
<br />they relate to affirmative action and non-discrimination.
<br />Failure to comply with the conditions of this clause may result in vendor
<br />becoming an "ineligible" vendor, termination of the contract, or withholding
<br />of payment.
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