ACCEPTANCE. The Seller shall be bound by the Purchase Order and its terms and conditions when it
delivers the goods ordered or renders the services ordered by the County.
TITLE. The risk of loss of goods covered by the Purchase Order shall remain the Seller until the
goods have been delivered to a designated site and actually received by the County. Any damage to the material
and equipment, or loss of any kind, occasioned
in transit shall be borne by the seller.
DOCUMENTS. All plans, specifications, drawings and data which have been made available to Seller in
connection with the Purchase Order, or which relate to work or materials to be furnished hereunder, are hereby
incorporated and made a part hereof.
CHANGES. The County may unilaterally and at any time or from time to time order additions,
deletions or revisions in the services/goods. These changes will be authorized by a change Order. Additional
services performed by the Seller without authorization
of a written Change Order will not entitle the Seller to an increase in the Purchase Order price or an extension
of the Purchase Order time.
INSPECTION. The goods and services purchased hereunder are subject to the inspection and approval
of the County. The County reserves the right to reject goods and services which do not conform to provisions of
the Purchase Order.
DEFAULT. If the goods and services fail to pass inspection or approval, or if the Seller fails to
perform the services at the time specified herein, or fails to perform any other provisions of the Purchase
Order, and does not correct such failure
within a period of ten (10) days after receipt of written notice for the County, then the County may cancel in
whole or any part of the goods and services ordered without liability to the County. In the event of such a
default, the County
may purchase such goods and services elsewhere and deduct the cost from any money due or becoming due to Seller.
This shall not limit the County’s right to such other remedies as may be available by law.
WARRANTY. Seller warrants that the goods and services covered by the Purchase Order will comply
with the plans, specifications, drawings and descriptions furnished or specified by the County; that the goods
and services will be of good material
and workmanship and free form defects. This warranty shall survive acceptance of any goods or services.
INSURANCE. The Seller shall maintain the insurance required by the County, which includes:
workers’ compensation, property liability and automobile liability. If Seller fails to do so, the County
may procure such insurance and charge the
cost thereof to the Seller.
INDEMNIFICATION. Seller, to the maximum extent permitted by law, shall indemnify, defend (by
counsel reasonably acceptable to County), protect and hold the County, and its officers, employees and agents,
harmless from and against any and all,
claims, actions, causes of action, liabilities, penalties, forfeitures, damages, losses, and expenses whatsoever
(including, without limitation, attorneys’ fees, costs, and expenses incurred during negotiation, through
all appeals therefrom) including, without limitation those pertaining to the death of or injury to any person,
or damage to any property, arising out of or resulting from (i) the failure of Seller to comply with applicable
laws, rules or regulations,
(ii) the breach by Seller of its obligations under any Agreement with the County entered into pursuant to a
solicitation, (iii) any claim for trademark, patent, or copyright infringement arising out of the scope of
or nonperformance of the Agreement, or (iv) the negligent acts, errors or omissions, or intentional or willful
misconduct, of Seller, its professional associates, subcontractors, agents, and employees; provided, however,
that Seller shall
not be obligated to defend or indemnify the County with respect any such claims or damages arising out of the
County’s sole negligence. The obligations imposed by this Section shall survive the expiration or earlier
termination of the
STATEMENT OF ASSURANCE. During the performance of the work specified in the Purchase Order, the
Seller assures the County that said Seller is in compliance with Title VII of the 1964 Civil Rights Act, as
amended, and the Florida Human Rights Act
of 1992, in that the Seller does not on the grounds of race, color, national origin, religion, sex, age,
handicap or marital status, discriminate in any manner against said Seller’s employees or applicants for
employment. The Seller
understands and agrees that the Purchase Order is conditioned upon the veracity of the Statement of Assurance.
Furthermore, the Seller assures the County that said Seller will comply with Title IV of the Civil Rights Act of
1964 when Federal
grant(s) is/are involved. Other applicable Federal and State Laws, Executive Orders and regulations prohibiting
discrimination, as hereinabove referenced, are included by this reference thereto. This Statement of Assurance
shall be interpreted
to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.
APPLICABLE LAW. The Purchase Order shall be governed by the laws of the State of Florida and any
litigation with respect thereto shall be brought only in the courts of Polk County, Florida or the Middle
District of Florida, Hillsborough County,
INVOICING & PAYMENT. Seller shall submit a properly certified invoice to the County at the
prices stated on the Purchase Order. An original invoice shall be submitted to the appropriate User Division.
The Seller shall include the Purchase
Order number and if applicable, the bid number on all invoices. The Seller’s Project Manager or any
authorized officer shall, by affidavit, attest to the correctness and accuracy of all charges. Invoices will be
processed for payment
when approved by the appropriate Division’s Project Manager or designee. The County’s payment of an
invoice shall not constitute evidence of the County’s acceptance of the Sellers performance of the Service
or the County’s
acceptance of any work.
Scrutinized Companies and Business Operations Certification; Termination
By its acceptance of this Purchase Order, the Vendor hereby certifies to the County
that the Vendor is not on the Scrutinized Companies that Boycott Israel List, created pursuant
to Section 215.4725, Florida Statutes, nor is the
Vendor engaged in a boycott of Israel, nor was the Vendor on such List or engaged in such a
boycott at the time it submitted its bid, proposal, quote, or other form of offer, as
applicable, to the County with respect to this
Additionally, if the value of the goods or services acquired under this Purchase
Order are greater than or equal to One Million Dollars ($1,000,000), then the Vendor further
certifies to the County as follows:
the Vendor is not on the Scrutinized Companies with Activities in Sudan
List, created pursuant to Section 215.473, Florida Statutes; and
the Vendor is not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and
the Vendor is not engaged in business operations (as that term is defined
in Florida Statutes, Section 287.135) in Cuba or Syria; and
the Vendor was not on any of the Lists referenced in this subsection A(ii),
nor engaged in business operations in Cuba or Syria when it submitted its proposal to
the County concerning the subject of this Purchase Order.
The Vendor hereby acknowledges that it is fully aware of the penalties that may be
imposed upon the Vendor for submitting a false certification to the County regarding the
Termination. In addition to any other termination rights stated herein, the County may
immediately terminate this Purchase Order upon the occurrence of any of the following events:
The Vendor is found to have submitted a false certification to the County with
respect to any of the matters set forth in subsection A(i) above, or the Vendor is found to have
been placed on the Scrutinized Companies that Boycott
Israel List or is engaged in a boycott of Israel.
The Vendor is found to have submitted a false certification to the County with
respect to any of the matters set forth in subsection A(ii) above, or the Vendor is found to
have been placed on the Scrutinized Companies with Activities
in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or has been engaged in business operations in Cuba or Syria, and the value of the goods or
services acquired under this Purchase
Order are greater than or equal to One Million Dollars ($1,000,000)
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