Risk Management Information

Purchase Order Terms and Conditions

PURCHASE ORDER TERMS AND CONDITIONS

1. General: Acceptance of this order constitutes acceptance of all conditions herein stated. The terms and conditions of this order, including price, delivery method/schedule, quantity, and specifications, shall not be changed or modified, except in writing with the consent of School Board of Indian River County Purchasing Department.

2. Assignment: Purchase orders issued by the School Board of Indian River County, Florida, are not transferable and cannot be assigned to any other vendor, contractor, bank, lending institution or to any representative or individual.  If your company cannot supply the material or service, nor honor the contract, return the purchase order with a letter of explanation to: Purchasing, 6055 62nd Avenue, Vero Beach, Florida 32967.

3. Release, Indemnification and Hold Harmless Agreement. : The Vendor shall indemnify and hold harmless the School Board of Indian River County (SDIRC), its elected officials and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability and expenses (including attorney fees) in connection with loss of life, bodily or personal injury, or property damage including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Vendor or its officers, employees, agents, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage is solely attributable to the gross negligence or willful misconduct of SDIRC or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive SDIRC's rights and immunities under the common law or Florida Statutes including, but not limited to, Florida Statutes 768.28, as amended from time to time.  Vendor certifies it has the minimum insurance coverage required by SDIRC.

INSURANCE REQUIREMENTS

Contractor shall provide evidence of insurance as required by the School Board's Office of Risk Management, which may include, without limitation, professional liability, general liability, cyber liability, worker's compensation and auto liability insurance coverage in accordance with the scope of services.  Coverage for Sexual Abuse and Molestation must be included in the commercial general liability insurance and/or an endorsement must be attached to the certificate of insurance for services provided on any campus when students are present. Specific insurance requirements can be obtained by contacting the Risk Management Office at 727-564-3129 or 727-564-3130.

 “The School Board of Indian River County, Florida, its officers, directors and employees" shall be named as Additional Insured. Prior to effective date of the Agreement, Contractor shall be responsible for providing the School Board with (1) certificate(s) of insurance and or (2) policy endorsement(s) as proof of said coverage. If the Agreement is pursuant to a Request for Proposal or Invitation to Bid, then the Contractor shall also comply with insurance requirements set forth therein. Contractor shall maintain insurance coverage in effect for the entire term of the Agreement. Cancellation or modification of terms, without the prior written consent of the School Board, shall constitute a material default under the Agreement. Thirty (30) day notice of cancellation is required.

 4. Cancellation: a) The Superintendent may, by written notice, cancel all or part of this order for cause if vendor fails to deliver product purchased, or to perform services required in accordance with the requirements of this purchase order and the incorporated contract documents. b) The Superintendent may terminate for convenience without cause or any part of this order by issuing written notice of such termination thirty (30) calendar days prior to the termination date. District shall be responsible to pay for acceptable product delivered prior to the effective termination date. c) Vendor shall bear all costs associated with termination of this order including but not limited to shipping charges and replacement costs.

5. Bid Terms: If this purchase order is a result of a bid or proposal award all conditions, provisions and specifications of the Bid/Proposal shall become a part of and are incorporated into this order.

6. Doing Business with Ones Agency (Florida Statute 112.313) - No employee of the School Board of Indian River County may purchase goods or services from a firm in which said employee has a material interest, nor shall employees, directly or indirectly, purchase, sell, rent or lease goods or services for his/her own agency from any business entity of which he/she, spouse, or child has a material interest.

7. Jessica Lunsford Act- Vendors who will have access to any District school or property when students may be present, or will have direct contact with any student; or have access to or control of school funds shall comply with Section 1012.465, Florida Statutes. Vendor's failure to comply with this requirement will constitute a material breach of contract.

8. “Ship To” Address: Orders must be delivered to the "ship to" address as stated on the purchase order. Any deviations (without prior approval) will constitute a refusal of shipment. Such refusal requiring redistribution, reshipment and/or storage charges will be borne by the vendor. The School District of Indian River County will not be responsible for any lost shipments caused by improper shipment.

9. Inspection: All materials or goods will be received "subject to inspection and acceptance". Title to the materials or goods shall remain with the vendor until SDIRC accepts the materials or goods. Risk of loss and/or damage is the vendors until the materials or goods are physically delivered and accepted by SDIRC.  Materials or goods found defective or not in accordance with SDIRC's instructions, specifications, drawings, or other data, will be returned at vendor's expense. Payment for product shall not be deemed as an acceptance thereof.

10. Toxic Substances in Construction, Repair, or Maintenance of Educational Facilities: (Florida Statute 1013.49) – Vendor must submit material safety data sheets with shipment for substances found on the current Florida Toxic Substance list.  Failure to comply with this requirement may result in SDIRC’s refusal to take delivery. (1) All toxic substances enumerated in the Florida Toxic Substance List that are to be used in the construction, repair, or maintenance of educational facilities have restricted usage provisions. (2) Before any such substance may be used, the contractor shall notify the Superintendent in writing at least 3 working days prior to using the substance. The notification shall contain: (a) The name of the substance to be used; (b) Where the substance is to be used; and (c) When the substance is to be used. A copy of a material safety data sheet shall be attached to the notification for each such substance.

11. Warranty: Vendor warrants and represents to SDIRC that each item of goods provided pursuant to this purchase order shall: (a) strictly conform to the requirements of this purchase order, (b) be free from defects in workmanship, materials and design, (c) be merchantable, (d) be fit for its intended use, and (e) be new.  Unless otherwise stated in the purchase order, no surplus, rebuilt, reconditioned, or used goods shall be provided.  Vendor warrants that any services shall: (a) be performed in a good and competent manner in accordance with professional industry standards (with the level of skill, knowledge and judgment required or reasonable expected of providers of comparable services), (b) meet the terms of this purchase order, and (c) be free from defects. This warranty for quality of services shall be effective for two (2) years after acceptance of all work unless specified otherwise in a bid/proposal award.

12. Invoicing: Except as otherwise stated in this Purchase Order, Vendor shall submit invoices upon Vendor's delivery of all goods and/or completion of all services. Each such invoice shall be submitted by Vendor to the location shown in the purchasing conditions section, and shall include: (I) this purchase order number, (II) an itemization of the specific goods and/or Services provided by Vendor; (III) the applicable date of delivery for all such goods and/or services; (IV) an itemization of the respective unit prices, if applicable, for which payment or partial payment is invoiced; (V) the total invoice amount; and (VI) the purchaser's location to which the goods and/or services have been delivered. If Vendor is providing goods or services to Purchaser under more than one purchase order, each such purchase order shall be invoiced separately.  Any deviation will constitute nonpayment and returning of said invoices and/or material, unless prior arrangements with the ordering school or department have been made and approval granted by the Office of Accounting Services.  Payment will be made only to the Vendor and Vendor's address as indicated on the purchase order.

13. Payment: Payment shall be made in accordance with the Florida Prompt Payment Act.

14. Legal Compliance: The Vendor guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations.

15. Applicable Law and Venue:  This order is governed by the laws of the state of Florida.  Venue for any action arising out of this order shall be Indian River County, Florida.

16. Debarment and Suspension: By accepting this purchase order the vendor confirms that neither it nor its principal(s) is listed on the General Services Administration’s List of Parties Excluded from Federal Procurement of Non-procurement Programs. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies and contractors declared ineligible under statutory or regulatory authority.

17. Expiration:  For non-construction projects, if not previously revoked, or otherwise specified in the order, this order shall terminate and cease to exist as an offer at midnight on June 30 of the fiscal year in which it was issued. For construction projects, please refer to the contract document.

18. Waiver:   SDIRC’s failure to insist on performance of any term, condition or instruction, or to exercise any right or privilege in this order shall not constitute a waiver of any other provision or legal requirement.  Additionally, the School Board does not waive sovereign immunity and reserves all defenses of sovereign immunity to the fullest extent provided by law, including those defenses and limitations of liability as provided in s 768.28 Florida Statutes.

CONTRACT

19. This purchase order shall supersede and control over any Vendor form(s) included in or attached to any bid, proposal, offer, acknowledgement, or otherwise, in the event of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s). The School Board objects in advance to the inclusion of any additional terms proposed by the Vendor in its acceptance or acknowledgement of this order. The inclusion of such terms by the Vendor will be of no significance, such terms will not be additional terms to this order, and School Board’s acceptance of Vendor’s goods or services shall not be deemed as acceptance of such terms.

20. Contract means any agreement or purchase order for the purchase of goods or services. To the extent any terms of this purchase order are in conflict with the School Board Agreement, then the terms of the School Board Agreement supersede the terms of this purchase order.