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PCCD Purchase Order Terms and Conditions

PCCD PURCHASE ORDER TERMS AND CONDITIONS

1. NO SUBSTITUTIONS accepted without the approval of the buyer. Prices must be FOB destination. DO NOT ship collect.

2. Peralta Community College District (PCCD) is EXEMPT from payment of FEDERAL EXCISE TAX under Chapter 32.IRS Code. Federal Tax
ID #94-1590799. Items are for the exclusive use of PCCD and not for resale.

3. MAIL invoices in duplicate to: ACCOUNTS PAYABLE, Peralta Community College District, 333 East 8th Street, Oakland, CA 94606. The purchase order number must appear on all packages, invoices, and correspondence.

4. The seller assumes all risks in connection with the merchandise ordered until delivery to PCCD as specified and accepted by PCCD.

5. Merchandise is subject to inspection and test by PCCD at the place of destination. If any merchandise is found at any time to be defective or nonconforming, PCCD, in addition to all other rights, shall have the right, in whole or in part, to reject and return the merchandise at seller’s expense and to receive full credit for it, or to require its replacement without additional cost to PCCD.

6. Provider shall defend, indemnify, and hold harmless PCCD, its officers, officials, employees, agents, and volunteers from and against all claims, damages, losses, and expenses, herein, caused in whole or in part by any negligent act or omission of the consultant, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the negligence of PCCD.

7. PCCD may terminate this agreement and be relieved of the payment for any consideration if the contractor fails to perform the terms of this contract at the time and in the manner required. In the event of such termination, PCCD may proceed with the work in any manner deemed proper by PCCD. The cost to PCCD shall be deducted from any sum due the contractor under this agreement, and the balance, if any, shall be paid to the contractor upon demand.

8. All materials by purchase order and/or contract must comply with all federal, CAL-OSHA, and local safety rules and regulations. An MSDS is required on items designated by OSHA as hazardous materials.

9. The billing terms/cash discount available to the buyer shall begin on the date of acceptance of the merchandise or on the date of receipt of invoice, whichever is later.

10. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

11. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

12. Public Works projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Additional Terms for Service Contracts

1. Services by Provider: Provider shall perform services in a manner commensurate with the highest professional standards by qualified and experienced personnel.

2. Independent Parties: Provider and its employees are independent contractors and not employees of PCCD. The provider is responsible for any required payments on behalf of its insurance or other benefits.

3. Permits & License Compliance: Provider shall maintain all appropriate permits, licenses, and certificates that may be required under this contract. Provider shall comply with all federal, state, and local law in its performance under this contract.

4. Termination: If the provider fails to perform at the time and in the manner required by this contract, PCCD may terminate the contract by giving written notice to provider and paying the reasonable and proportionate amount for services already provided.

5. Reports: Every document prepared under this contract is the exclusive property of PCCD. No information prepared under this contract may be made available to any individual or organization without PCCD’s prior approval.

6. Hold Harmless: Provider shall indemnify and hold harmless PCCD, its officers, employees, agents, and volunteers from and against all claims, damages, losses, and expenses, herein caused in whole or in part by any negligent act or omission of the consultant, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the negligence of PCCD.

7. Insurance: Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the provider, its agents, representatives, or employees.

Coverage Required Limits per Occurrence Scope-as Broad

  General Liability $1,000,000.00 As CG001
Automobile Liability $1,000,000.00 As ISO-CA001
Workers’ Comp/Employers’ Liability $1,000,000.00 As req. by CA

The General Liability and Auto Liability policies are to contain or be endorsed to name PCCD, its officers, officials, employees, and volunteers as additional insiders’ respects liability arising out of the activities performed in connection with this contract. The contractor’s coverage shall be primary and shall apply separately to each insured against who claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The contractor shall furnish PCCD original Certificates of Insurance and endorsements (affecting coverage required by this clause) signed by a person authorized to bind coverage on its behalf. Insurance is to be placed with insurers with a current AM Best rating of not less than A. The endorsements are to be received and approved by PCCD before work commences.

8. Miscellaneous Provisions:
a. Waiver — PCCD’s waiver of a breach of term is not deemed a waiver of any subsequent breach of the same term.
b. Cost of Litigation — If legal action is necessary to enforce this contract, the prevailing party is entitled to receive all costs and expenses including reasonable attorney’s fees and cost of arbitration or litigation.

  • Purchasing & Warehouse Division

    Wednesday 22 September 2021
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  • Peralta Community College District

    The District comprises four colleges serving northern Alameda County.
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