Terms, Conditions and Provisions Governing Purchase Orders Under $25,000
Address all communications relating to this order to the Purchasing Agent, Hamilton Municipal Building, 345 High Street, Suite 730, Hamilton, Ohio 45011.
1. Submission Of Invoices
Upon delivery of supplies or performance of the service, as described on the purchase order, the Contractor shall submit a “proper invoice,” in duplicate directly to Accounts Payable, Hamilton Municipal Building, 345 High Street, Suite 730, Hamilton, OH 45011. A “proper invoice” is defined as being free from defects, discrepancies, errors, or other improprieties and shall include, but may not be limited to:
A) exact Contractor’s name and address as listed in the Contract;
B) exact Contractor’s Federal Tax Identification No. (E.I./T.I.N.);
C) exact remittance address;
D) exact purchase order number;
E) exact description, quantity, unit price, total price, etc. as appears on the purchase order.
The City shall make prompt payment for any supplies or services acquired from the Contractor. Upon receipt of a “proper invoice,” payment, subject to the foregoing provision and, unless otherwise stated on the face of the purchase order, shall be made within thirty (30) calendar days. Defective invoices shall be returned to the Contractor noting areas of discrepancy. When an invoice is returned, the required payment date will be thirty (30) days from the day of receipt of the corrected invoice. Cash discounts terms on the vendor’s invoice will be effective form the date of actual receipt or corrected and accepted invoice or date of actual receipt and acceptance of the order, whichever is later.
2. Non-Appropriation Of Funds
It is understood that the City funds are contingent upon the availability of lawful appropriations by the Hamilton City Council. Subject to the applicable provisions of the Hamilton Charter, the City represents: that it has adequate funds to meet its obligations under this order for the full price set forth herein; and that it has no reason to believe that it will not have sufficient funds to enable it to make all payments due hereunder during such contract period. However, if the Hamilton City Council fails at any time during such contract period(s) to continue funding for any purchase order awarded, the City’s obligations under such contract(s) are terminated as of the date that the funding expires without further obligation to the City.
3. Cancellation Of Contract
In case of unreasonable delay in delivery of goods or services or the delivery of goods or services inferior to those specified, or in case of any other default of the vendor, the Purchasing Division shall have the right at it's option to cancel this order in whole or in part without penalty. Unless otherwise stated, the City expressly reserves the right to cancel this purchase order with thirty (30) days written notice.
4. Indemnification
The vendor agrees to indemnify, defend and hold harmless the City, including, but not limited to its public officials, City employees, and City departments, against all damages, claims, liabilities and expenses of any nature whatsoever, including, but not limited to personal injury, death and property damage, arising out of or in connection with any actions by the vendor including, but not limited to its owners, officers, employees, subcontractor and agents during the performance of this order. Additionally, the vendor will indemnify the City, including, but not limited to its public officials, City employees, and City departments, based on a claim that the supplies or services furnished infringes a United States Patent or Copyright or constitutes misuse or misappropriation of a trade secret.
5. Warranties
Vendor expressly warrants that all supplies and services furnished against this order will conform to the specifications, drawings, samples or other description furnished or approved by the City and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free from defect for one (1) year after receipt and acceptance by the City.
6. Insurance Requirements For Service Orders
Vendor at its expense, shall obtain prior to the commencement of its services and maintain in effect until the final acceptance of vendor’s services and for such additional periods as may be required by the City, the following insurance coverage and minimum limits: General Liability (per occurrence) $1 million; Automobile Liability (combined single limit each accident) $1 million; Excessive/Umbrella Liability (each occurrence) $2 million. Ohio Workers Compensation Insurance in accordance with State of Ohio law.
7. Estimated Quantities
In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the RFQ will not be used in establishing final payment due the vendor. Bids will be compared on the basis of number of units stated in the Bidding Schedule. Such estimated quantities, while made from the best information available, are approximate only. The City shall have the right to increase or decrease the quantities and to add or delete any item or items as may be deemed necessary or desirable. Payment on the order will be based on the actual number of units purchased and/or services performed, in accordance with limits set out elsewhere in the RFQ. Under no circumstance or condition will the vendor be paid on account of anticipated profits for supplies or services not purchased or performed.
8. Freight Charges
Unless otherwise stated, the City shall not be responsible for freight or delivery charges. Prices are to be based upon the supplies or services being offered F.O.B. Destination, freight prepaid and allow to the delivery destination(s) listed on this order. Any shipment marked C.O.D. shall be rejected and returned at the vendor’s expense.
9. No Verbal Agreements
The City of Hamilton will be bound by the terms, conditions and provisions of this order and will not be responsible for verbal agreement made by any City employee.
10. Acceptance of This Order
This order is expressly conditioned upon the acceptance by the vendor of all terms, conditions and provisions contained herein and on any document referred as being a part of this order as if attached hereto.