Purchase Order Terms & Conditions

***BY ACCEPTING THIS PURCHASE ORDER, YOU CERTIFY THAT YOUR COMPANY (1) DOES NOT BOYCOTT ISRAEL; AND (2) WILL NOT BOYCOTT ISRAEL DURING THE TERM OF THE CONTRACT. TEXAS GOVERNMENTAL ENTITIES ARE PROHIBITED FROM DOING BUSINESS WITH COMPANIES THAT FAIL TO CERTIFY TO THIS CONDITION AS REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2270.***

Send all invoices directly to the attention of Accounts Payable at the address or email above.

Purchase order number must appear on all invoices, packing lists, bills of lading and shall appear on each package, container or envelope on each shipment made pursuant to this order.

Prepay all transportation charges, if any, and add to invoice.

Price increases or increases in shipping cost in excess of $50 over the total PO must receive prior approval from Ship to Location. 

1.0.0 GENERAL TERMS AND CONDITIONS FOR PROPOSALS

1.1.0 APPLICABILITY – Theses conditions are applicable and form a part of the contract documents in each equipment, products and /or services contract and a part of the terms of each purchase order for items of equipment, products and/or service included in the specifications and proposal forms issued herewith

1.2.0 SPECIFICATIONS – May be those developed by the using department or by the manufacturer to represent items of regularly manufactured products

1.2.1 DISTRICT SPECIFICATIONS – have been developed by the using department to show minimal standards as to the usage, materials, and contents based on their needs.

1.2.2 MANUFACTURER’S SPECIFICATIONS (Design Guide) – when used by the District, are to be considered informative to give the offeror information as to the type and kind requested. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered 

1.3.0 TERMINATION OF CONTRACT – It is understood that the District retains the option to terminate this contract at the end of each contract year without pecuniary risk or penalty or at any point during the contract term. The termination will become effective and the contract shall terminate thirty (30) days following written notification of intent. 

1.4.0 FUNDING OUT/NON-APPROPRIATION OF FUNDING – No term contract or agreement may exceed a period of one (1) year from the approved contract date without specific authorization of the Granbury I.S.D. Board of Education. Should funding for the continuance of this contract be withdrawn by the Board, the District retains the right to terminate the agreement in accordance with the termination provision stated herein and without pecuniary risk or penalty.

1.5.0 UNIFORM COMMERCIAL CODE - All contracts and agreements between merchants and the Granbury Independent School District shall strictly adhere to the statues as set forth in the Uniform Commercial Code as last amended. 

1.6.0 TITLE AND RISK OF LOSS - The title and risk of loss of the goods shall not pass to the District until District actually receives and takes possession of the goods at the point or points of delivery. Granbury ISD will not accept responsibility for processing freight damage claims occurring prior to receipt, including concealed damage of goods. 

1.7.0 GUARANTEE/WARRANTY -The vendor shall warrant work performed and materials installed for a minimum period of one (1) year from the date of final acceptance by the owner. Warranty conditions for all supplies and/or equipment shall be considered manufacturer’s minimum standard warranty unless otherwise agreed to in writing. Vendors should provide a detailed Statement of Guarantee, Replacement Policy and Refund Policy. Vendor shall guarantee all equipment and materials to meet the specifications of this proposal. Any deviation from specifications must be so noted on the proposal form. 

The vendor shall provide warranty information and/or company guarantees concerning the products bid or proposed. All merchandise that is received and found to be defective shall be replaced by the vendor at the vendors expense or fully repaired to the complete satisfaction of the District before payment is made. 

1.8.0 PRICING CRITERIA 

 

1.13.1 State Sales Tax Exemption – The Granbury Independent School District is exempt from taxation on materials under the Texas Limited Sales, Excise and Use Tax on any purchase, lease, or rental of tangible personal property, and will issue certificates of exemption from the Texas State Sales Tax on materials furnished by contractors on school construction projects. Therefore, all vendors are instructed not to include the Texas State Sales Tax in their proposals.

1.13.2 Pricing – All prices shall remain firm for the term of the contract unless otherwise specified and are to be quoted F.O.B. (shipping charges to be included in price) Granbury I.S.D., inside delivery.  All quotes must stay valid for a period no shorter than 60 days

1.13.3 Procedure – Payment policies, and ALL pricing must be detailed in this document. Any policy, price, handling charge, delivery charge, or any other fee not detailed in this document will in no case be the responsibility of the Granbury Independent School District. 

1.13.4 Cost Extension/Discount – Quote unit price on quantity specified, extend and show totals where requested. In case of errors in extension, unit prices quoted will govern. If price totals reflect any additional discount, such discount shall be noted on the proposal form. 

1.9.0 BID SURETY - In compliance with Article 5160, V.A.T.S. and Government Code 2253.021, all contracts in excess of $25,000 for the construction, alteration or repair of public buildings shall require of the successful vendor payment bonds in the full amount of the contract. In addition, performance bonds shall be executed when such contracts exceed $100,000. Such binding shall be executed by a corporate surety duly authorized to do business in the state of Texas and be payable to the Granbury Independent School District. For all bonds in excess of $100,000 the surety must hold a Certificate of Authority from the United States Treasury or have reinsurance for liability in excess of $100,000 from a U.S. Treasury listed insurer. Bonds, if required, will be referenced in Section 2.0.0 Special Terms and Conditions. 

1.10.0  PERMITS, FEES AND PUBLIC PROPERTY – where applicable, vendor shall be responsible for all permits and fees, and shall be responsible for highway fees for damage to sidewalks, streets or other public property or to any public utilities. The vendor shall provide engineer certified drawing for the school district and all agencies requiring permits including, but not limited to the City of Granbury, and all applicable fire marshals. 

1.11.0 SITE EXAMINATION - All vendors are encouraged to visit any construction/installation site prior to submitting a proposal. Failure to visit the site or to attend any scheduled pre-proposal conference will not relieve vendor of responsibility for unforeseen difficulties encountered during installation or construction. 

1.12.0 OPERATION HOURS – Generally District facilities are available for deliveries from 8:30 a.m. until 3:00 p.m. Monday-Friday, excluding District observed holidays. Facilities do from time to time remain open beyond normal staffing hours due to special functions. Vendors are allowed to work additional hours provided that the building is staffed. Hours other than those previously mentioned are negotiable, however, should any facility remain open beyond normal or special staffing hours, all costs associated with the extended hours will be solely at the expense of the vendor.   

1.13.0 CONTRACTS/NON-EXCLUSIVITY – The District reserves the right to utilize other District contracts, State of Texas contracts, contracts awarded by other governmental agencies or other school boards, cooperative agreements, or any supplemental proposal/contract issued by GISD for the same category of goods if it is in the best interest of the district to do so. Nothing in this proposal /contract may be construed or imply that the Vendor has the exclusive right to provide the services or products covered in this proposal.  During the term of this contract GISD reserves the right to use all available resources to procure other products or services and in doing so will not violate any rights of vendor under this agreement. 

1.14.0 VENDOR NON-PERFORMANCE – If at any time, the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, GISD reserves the right to:

• purchase on the open market and charge the vendor the difference between contract price and actual purchase price
• deduct such charges from existing invoice totals currently due
• cancel within thirty (30) days written notification of intent and remove the vendor from the active proposal file for a period of time not less than one (1) year
• re-propose the service/product
• award to next lower responsible offeror, if accepted by same
• recover incidental and consequential damages

1.15.0 ASSIGNMENTS AND SUBCONTRACTING – No part of this order may be assigned or subcontracted without the prior written approval of GISD. Payment can only be made to the supplier named in this order. 

1.16.0 DISCLOSURES – Offerer shall note any and all relationships that might be a conflict of interest and include such information with the proposal. 

1.17.0 COPYRIGHT/TRADEMARK/PATENT – In the event any article to be sold or delivered hereunder is covered by any patent, copyright, trademark, or application therefore, the seller shall indemnify and hold harmless the District from any and all loss, cost expenses and legal fees on account of any claims, legal actions or judgments on account. 

1.18.0 INSURANCE – The Vendor shall protect, defend, save harmless, and indemnify, the Owner/District, its employees, District/Owner’s architect, and the public from any claims, demands, or expense on account of any injury, alleged or real, to persons, or damage, alleged or real, to property arising out of anything done or omitted to be done under this contract, by the Vendor or any Sub-contractor, or anyone directly or indirectly employed by either of them. Insurance shall be underwritten by a company rated not less than B+ VII in Best’s latest published guide. 

Amount of policies of insurance shall be within limits no less than those stated hereinafter or required by law: 

Types of Insurance	Limits of Liability
a.   Worker’s Compensation	As statutory provisions require in the State of Texas
b.   Comprehensive or Commercial General
1. Bodily Injury and Property Damage Combined occurrence	$500,000 each
2. Products/Completed Operations	$600,000 Aggregate
3. Fire Damage, Legal Liability (any one fire) occurrence	$ 50,000 each

 

c. Business (Commercial) Automobile Liability
1. Bodily Injury Each Person	$100,000
	$300,000 each occurence
2. Property Damage occurrence	$100,000 each
d. Umbrella Liability Insurance (Excess) coverage over the Worker’s Compensation Comprehensive General Liability and Automobile Liability	$1,000,000 Includes

 

Any vendor who will provide services on a public work project must show proof of workers compensation coverage to the district.  

Self-Insurance: A supplier who self-insures for workers compensation must possess a Certificate of Authority to Self-insure by the Texas Workers Compensation Commission as a subscriber to the Workers’ Compensation Act and furnish a copy of the certificate with proposal. 

The Granbury Independent School District shall be named as an additional insured on the vendor’s policy as to the subject project. 

1.19.0 DETERMINATION OF QUALITY – GISD reserves the right to use whatever means deemed adequate to determine quality and craftsmanship and to weigh the value of such determination in comparison with other factors. The District reserves the right to make the final decision as to product equivalency. 

1.20.0 PAYMENT – Application for payment may be submitted with two copies of the invoice following acceptance by district. All invoices shall be itemized as to quantity, part number and description. In addition, all invoices must show the Granbury Independent School District name, address to which the material was delivered and the correct purchase order number. All invoices shall be matched with delivery tickets (tickets with an accurate description of the commodity delivered) as a matter of verification and placed in the payment process. District is not responsible for any indebtedness connected with the work, payrolls, or materials. Mail all invoices to the Granbury independent School District, 600. Bridge St., Suite 6, Granbury, TX 76048, Attn: Accounts Payable or email to: [email protected]  

Purchases will be governed by Texas Government Code §2251.001(Texas Prompt Payment Act).   

1.21.0 VENUE – This agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in Hood County, Texas. 

1.22.0 EVALUATION – Granbury ISD will consider the evaluation factors listed in Texas Education Code, Chapter 44, Subchapter B, Section 44.031(b) in making district awards. Some may be assigned a weight and others may be assigned a weight of zero (0) for this proposal. In addition GISD also may consider any evaluation factor specifically listed in Section 2.0.0 Special Terms and Conditions. 

1.23.0 PREVAILING WAGE RATES – For all public work contracts, all wages paid shall be in compliance with Local Government Code 2258.021. 

1.24.0 TEXAS HAZARD COMMUNICATION ACT – Successful vendor(s) must furnish current Material Safety Data Sheets (MSDS) for any items containing any element, chemical compound or mixture of elements or compounds that is a physical hazard as defined by federal regulation.

1.25.0 DRUG FREE ZONE – All District property and facilities are a “drug free zone”. No one may use, consume, carry, transport or exchange tobacco, cigarettes, or illegal drugs while in a school district building or while on school district property. The vendor, its company, and its employees shall adhere to this policy. 

1.26.0 VISITOR REGISTRY SYSTEM - Pursuant to Section 38.022 of the Texas Education code, vendors must present a valid state or government-issued photo ID before access into the school is granted. This ID will be scanned into a registered sex offender database; any individual found to be an offender will be denied access into the school. 

1.27.0 INTEGRITY OF PROCESS - In order to ensure the integrity of the selection process, proposer’s employees, officers, agents or other representatives shall not lobby or attempt to influence a vote or recommendation related to the proposer’s response, directly or indirectly, through any contact with school board members or other district officials from the date of this proposal is released until the award by the Granbury ISD Board of Trustees. 

1.28.0 FORCE MAJEURE - Neither the awarded Vendor nor the District shall be responsible or deemed to be in default of its obligations to the other to the extent any failure to perform or delay in performing its obligations under this proposal is caused by events or conditions beyond the reasonable control of that party, and are not due to the negligence or willful misconduct of such party. Force Majeure events shall include, but not be limited to, acts of God or public enemy, war, riot, or civil commotion, strikes, epidemic, fire, earthquake, tornado, hurricane, flood, explosion, or other catastrophes or events or conditions due to governmental law, regulations, ordinances, order of a court of competent jurisdiction, executive decree or order. In the event of such delay(s) or nonperformance, the party so delayed shall furnish prompt written notice to the other party (including the date of inception of the Force Majeure event and the extent to which it will affect performance) and shall undertake all efforts reasonably possible to cure the delay or nonperformance and mitigate its effects or to otherwise perform. The district shall not be responsible for payment for any product or service delayed or foreclosed by any Force Majeure event unless and until such delayed or foreclosed product or service is provided. The provisions of this section shall not preclude the District from cancelling or terminating any resulting award (or any order for goods or services included herein), or from revising the scope of the work under this proposal.

1.29  FIREARM ENTITY/TRADE ASSOCIATION NONDISCRIMINATION: If VENDOR is not a sole proprietorship, has ten (10) or more employees, and the value of VENDOR’s bid or proposal has a value of $100,000 or more, VENDOR certifies by submitting VENDOR’s bid or proposal that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Ann. Chapter 2274, and will not during the term of any contract with the GRANBURY ISD, unless excepted from that law.

1.30 ENERGY COMPANY BOYCOTT: As required by Texas Government Code Ann. Chapter 2274, if VENDOR has ten (10) or more employees, is not a sole proprietorship, and if the value of VENDOR’s bid or proposal has a value of $100,000 or more, VENDOR certifies by submitting VENDOR’s bid or proposal that it does not boycott energy companies and will not during the term of any contract with the GRANBURY ISD, unless excepted by that law.

1.31 ABORTION PROVIDERS: Pursuant to Texas Government Code Ann. Chapter 2272, by submitting a bid or proposal and entering a contract with the GRANBURY ISD on such bid or proposal, the VENDOR verifies by its acceptance and processing of the purchase order that it is not an abortion provider or an affiliate of abortion providers, whereby the provider or affiliate receives something of value derived from state or local tax revenue. Any contract entered into by the GRANBURY ISD is void if the VENDOR has such a prohibited affiliation or contractual relationship.