Common use of Direct Purchases Clause in Contracts

Direct Purchases. For certain projects, the City may seek to make direct purchases of equipment or materials to be used by the Contractor. Pursuant to Section 212.08(6), Florida Statutes, and the Fla. Admin. Code ▇▇▇. R. 12A-1.094 and 12A-1.038, the Parties agree to the following procedure regarding the City’s direct- purchase from vendors of certain equipment and materials to be used in specific projects: 9.2.1 The City reserves the right, at the City’s option, to direct purchase equipment and materials involved in a specific project, including subcontracts, if any so as to save the sales tax which would otherwise have been due with regard to the same. The Contractor and its subcontractors shall comply with the City’s direct purchase procedures, including but not limited to those listed below. 9.2.2 As specifically set forth in a City issued work order, within 30 days (or other time as specified in the work order), the Contractor will present a list of direct purchase equipment for the City’s consideration which will include the recommended vendors’ name; the price quotes from all vendors provided to the Contractor; and, any terms and conditions the Contractor has negotiated with the recommended vendors. The City will then inform the Contractor as to which equipment it will direct purchase. In the event the City fails to exercise its option to direct purchase equipment and identify which equipment is to be purchased by the City within thirty (30) calendar days of receipt of the list from the Contractor, the City shall waive its right to direct purchase any and all equipment to be used in completion of the work under the applicable work order. 9.2.3 The Contractor is responsible for selecting each direct purchase vendor, subject to City approval. The Contractor is responsible for specifications, equipment receipt, inspecting shipments, and assuring that the equipment is in accordance with the work order and the Contractor’s specifications. The Contractor is also responsible for providing the City with enough advance notice of when the direct purchase equipment will need to be ordered and delivered. In absence of the Contractor’s receipt of a written notice of City’s disapproval of a vendor within thirty (30) calendar days of City’s receipt of the vendor/material list referenced in 9.2.2, the City shall be deemed to have waived any and all objections thereto. 9.2.4 The Contractor shall retain all responsibility for installing all equipment relating to the work and for maintaining the construction schedule so long as the City timely orders and pays for the correct direct purchase equipment. The City’s direct purchase mechanism to effectuate tax savings in no way effects the obligation of the Contractor to meet all of the terms and conditions and all provisions and technical specifications of the Contract Documents. The Contractor shall be responsible for insuring all equipment once the equipment is in its care, custody and control, regardless of whether directly purchased by City. 9.2.5 The City will issue a direct purchase order to the vendor of the direct purchase equipment at the price proposed in the Contractor’s or its subcontractor’s bid, less sales tax. The City will promptly send a copy of the issued purchaser order to the Contractor. 9.2.6 It will be the Contractor’s primary responsibility to properly expedite and follow up on direct purchase orders, thereby assuring delivery of the equipment as ordered and at the time and place needed by the Contractor to complete the work in accordance with the work order and construction schedule. To the extent required by the Contractor, the City shall cooperate with all requests of the Contractor related to the expedition of and follow up on direct purchase orders. 9.2.7 The Contractor shall take delivery, unload, and install the equipment purchased on the direct purchase order in accordance with the work order and the Contract Documents with the vendor to repair, replace, and make good any defect without cost to the City, until such time as the work has been completed and accepted by City in accordance with the Contract Documents. The City, with assistance from the Contractor, will be responsible for undertaking and completing any returns of direct purchase equipment as requested by the Contractor and working with the vendor to effectuate any credits or warranties for the returned equipment (if applicable). Any returns not replaced shall be credited to City and acknowledged by a supplement to the direct purchase order and, if applicable, amendment to the Contract Sum. The Contractor shall not be responsible for warranting the direct purchase equipment to the City; however, the Contractor shall be responsible for facilitating the vendor’s warranty of the direct purchase equipment and the Contractor shall be responsible for warranting the work to install and/or incorporate the equipment. The Contractor shall maintain records of all direct purchases received and incorporated into the work and provide the City with a monthly accounting until all direct purchase items that are received and accepted for inclusion in the specific project. 9.2.8 When delivery of a direct purchase order is complete, or a payment is to be made on a partial shipment, the Contractor will timely submit to City the documentation supporting the equipment received. Invoices for direct purchase orders will be sent by the direct purchase vendor directly to City’s Finance Department, with all such invoices addressed to and in the name of the City. The City’s Finance Department will forward invoices to the City’s Contract Administrator. The City’s Contract Administrator will forward the invoices to the Contractor to verify delivery and sign the invoice and associated documentation supporting the amount of the payment. The City will make timely payment to all vendors in compliance with each vendor’s payment procedures. The City will take title to all equipment ordered through direct purchase upon or at the time of purchase. The Contractor will assist City in assuring prompt payment by supplying the vendor’s FEI numbers, addresses, phone numbers, etc. All payments will be made in accordance with the Florida Prompt Payment Act.

Direct Purchases. For certain projects, the City may seek to make direct purchases of equipment or materials to be used by the Contractor. Pursuant to Section 212.08(6), Florida Statutes, and the Fla. Admin. Code ▇▇▇. R. 12A-1.094 and 12A-1.038, the Parties agree to the following procedure regarding the City’s direct- direct-purchase from vendors of certain equipment and materials to be used in specific projects: 9.2.1 The City reserves the right, at the City’s option, to direct purchase equipment and materials involved in a specific project, including subcontracts, if any so as to save the sales tax which would otherwise have been due with regard to the same. The Contractor and its subcontractors shall comply with the City’s direct purchase procedures, including but not limited to those listed below. 9.2.2 As specifically set forth in a City issued work order, within 30 days (or other time as specified in the work order), the Contractor will present a list of direct purchase equipment and materials for the City’s consideration which will include the recommended vendors’ name; the price quotes from all vendors provided to the Contractor; and, any terms and conditions the Contractor has negotiated with the recommended vendors. The City will then inform the Contractor as to which equipment and materials it will direct purchase. In the event the City fails to exercise its option to direct purchase equipment and materials and identify which equipment is and materials are to be purchased by the City within thirty (30) calendar days of receipt of the list from the Contractor, the City shall waive its right to direct purchase any and all equipment and materials to be used in completion of the work under the applicable work order. 9.2.3 The Contractor is responsible for selecting each direct purchase vendor, subject to City approval. The Contractor is responsible for specifications, equipment and materials receipt, inspecting shipments, and assuring that the equipment is and materials are in accordance with the work order and the Contractor’s specifications. The Contractor is also responsible for providing the City with enough advance notice of when the direct purchase equipment and materials will need to be ordered and delivered. In absence of the Contractor’s receipt of a written notice of City’s disapproval of a vendor within thirty (30) calendar days of City’s receipt of the vendorequipment/material list referenced in 9.2.2, the City shall be deemed to have waived any and all objections thereto. 9.2.4 The Contractor shall retain all responsibility for installing all equipment and materials relating to the work and for maintaining the construction schedule so long as the City timely orders and pays for the correct direct purchase equipmentequipment and materials. The City’s direct purchase mechanism to effectuate tax savings in no way effects the obligation of the Contractor to meet all of the terms and conditions and all provisions and technical specifications of the Contract Documents. The Contractor shall be responsible for insuring all equipment once the equipment is in its care, custody and control, regardless of whether directly purchased by City. 9.2.5 The City will issue a direct purchase order to the vendor of the direct purchase equipment and materials at the price proposed in the Contractor’s or its subcontractor’s bid, less sales tax. The City will promptly send a copy of the issued purchaser purchase order to the Contractor. 9.2.6 It will be the Contractor’s primary responsibility to properly expedite and follow up on direct purchase orders, thereby assuring delivery of the equipment and materials as ordered and at the time and place needed by the Contractor to complete the work in accordance with the work order and construction schedule. To the extent required by the Contractor, the City shall cooperate with all requests of the Contractor related to the expedition of and follow up on direct purchase orders. 9.2.7 The Contractor shall take delivery, unload, and install the equipment and materials purchased on the direct purchase order in accordance with the work order and the Contract Documents with the vendor to repair, replace, and make good any defect without cost to the City, until such time as the work has been completed and accepted by City in accordance with the Contract Documents. The City, with assistance from the Contractor, will be responsible for undertaking and completing any returns of direct purchase equipment and materials as requested by the Contractor and working with the vendor to effectuate any credits or warranties for the returned equipment and materials (if applicable). Any returns not replaced shall be credited to City and acknowledged by a supplement to the direct purchase order and, if applicable, amendment to the Contract Sum. The Contractor shall not be responsible for warranting the direct purchase equipment and materials to the City; however, the Contractor shall be responsible for facilitating the vendor’s warranty of the direct purchase equipment and materials and the Contractor shall be responsible for warranting the work to install and/or incorporate the equipmentequipment and materials. The Contractor shall maintain records of all direct purchases received and incorporated into the work and provide the City with a monthly accounting until all direct purchase items that are received and accepted for inclusion in the specific project. 9.2.8 When delivery of a direct purchase order is complete, or a payment is to be made on a partial shipment, the Contractor will timely submit to City the documentation supporting the equipment and materials received. Invoices for direct purchase orders will be sent by the direct purchase vendor directly to City’s Finance Department, with all such invoices addressed to and in the name of the City. The City’s Finance Department will forward invoices to the City’s Contract Administrator. The City’s Contract Administrator will forward the invoices to the Contractor to verify delivery and sign the invoice and associated documentation supporting the amount of the payment. The City will make timely payment to all vendors in compliance with each vendor’s payment procedures. The City will take title to all equipment ordered through direct purchase upon or at the time of purchase. The Contractor will assist City in assuring prompt payment by supplying the vendor’s FEI numbers, addresses, phone numbers, etc. All payments will be made in accordance with the Florida Local Government Prompt Payment Act.

Direct Purchases. For certain projects, the City may seek to make direct purchases of equipment or materials to be used by the Contractor. Pursuant to Section 212.08(6), Florida Statutes, and the Fla. Admin. Code ▇▇▇. R. 12A-1.094 and 12A-1.038, the Parties agree to the following procedure regarding the City’s direct- purchase from vendors of certain equipment and materials to be used in specific projects: 9.2.1 8.2.1 The City reserves the right, at the City’s option, to direct purchase equipment and materials involved in a specific project, including subcontracts, if any so as to save the sales tax which would otherwise have been due with regard to the same. The Contractor and its subcontractors shall comply with the City’s direct purchase procedures, including but not limited to those listed below. 9.2.2 8.2.2 As specifically set forth in a City issued work order, within 30 days (or other time as specified in the work order), the Contractor will present a list of direct purchase equipment for the City’s consideration which will include the recommended vendors’ name; the price quotes from all vendors provided to the Contractor; and, any terms and conditions the Contractor has negotiated with the recommended vendors. The City will then inform the Contractor as to which equipment it will direct purchase. In the event the City fails to exercise its option to direct purchase equipment and identify which equipment is to be purchased by the City within thirty (30) calendar days of receipt of the list from the Contractor, the City shall waive its right to direct purchase any and all equipment to be used in completion of the work under the applicable work order. 9.2.3 8.2.3 The Contractor is responsible for selecting each direct purchase vendor, subject to City approval. The Contractor is responsible for specifications, equipment receipt, inspecting shipments, and assuring that the equipment is in accordance with the work order and the Contractor’s specifications. The Contractor is also responsible for providing the City with enough advance notice of when the direct purchase equipment will need to be ordered and delivered. In absence of the Contractor’s receipt of a written notice of City’s disapproval of a vendor within thirty (30) calendar days of City’s receipt of the vendor/material list referenced in 9.2.2, the City shall be deemed to have waived any and all objections thereto. 9.2.4 8.2.4 The Contractor shall retain all responsibility for installing all equipment relating to the work and for maintaining the construction schedule so long as the City timely orders and pays for the correct direct purchase equipment. The City’s direct purchase mechanism to effectuate tax savings in no way effects the obligation of the Contractor to meet all of the terms and conditions and all provisions and technical specifications of the Contract Documents. The Contractor shall be responsible for insuring all equipment once the equipment is in its care, custody and control, regardless of whether directly purchased by City. 9.2.5 8.2.5 The City will issue a direct purchase order to the vendor of the direct purchase equipment at the price proposed in the Contractor’s or its subcontractor’s bid, less sales tax. The City will promptly send a copy of the issued purchaser order to the Contractor. 9.2.6 8.2.6 It will be the Contractor’s primary responsibility to properly expedite and follow up on direct purchase orders, thereby assuring delivery of the equipment as ordered and at the time and place needed by the Contractor to complete the work in accordance with the work order and construction schedule. To the extent required by the Contractor, the City shall cooperate with all requests of the Contractor related to the expedition of and follow up on direct purchase orders. 9.2.7 8.2.7 The Contractor shall take delivery, unload, and install the equipment purchased on the direct purchase order in accordance with the work order and the Contract Documents with the vendor to repair, replace, and make good any defect without cost to the City, until such time as the work has been completed and accepted by City in accordance with the Contract Documents. The City, with assistance from the Contractor, will be responsible for undertaking and completing any returns of direct purchase equipment as requested by the Contractor and working with the vendor to effectuate any credits or warranties for the returned equipment (if applicable). Any returns not replaced shall be credited to City and acknowledged by a supplement to the direct purchase order and, if applicable, amendment to the Contract Sum. The Contractor shall not be responsible for warranting the direct purchase equipment to the City; however, the Contractor shall be responsible for facilitating the vendor’s warranty of the direct purchase equipment and the Contractor shall be responsible for warranting the work to install and/or incorporate the equipment. The Contractor shall maintain records of all direct purchases received and incorporated into the work and provide the City with a monthly accounting until all direct purchase items that are received and accepted for inclusion in the specific project. 9.2.8 8.2.8 When delivery of a direct purchase order is complete, or a payment is to be made on a partial shipment, the Contractor will timely submit to City the documentation supporting the equipment received. Invoices for direct purchase orders will be sent by the direct purchase vendor directly to City’s Finance Department, with all such invoices addressed to and in the name of the City. The City’s Finance Department will forward invoices to the City’s Contract Administrator. The City’s Contract Administrator will forward the invoices to the Contractor to verify delivery and sign the invoice and associated documentation supporting the amount of the payment. The City will make timely payment to all vendors in compliance with each vendor’s payment procedures. The City will take title to all equipment ordered through direct purchase upon or at the time of purchase. The Contractor will assist City in assuring prompt payment by supplying the vendor’s FEI numbers, addresses, phone numbers, etc. All payments will be made in accordance with the Florida Prompt Payment Act.