The City reserves the right to cancel all or part of an order without liability if delivery is not made within the specified time.

Vendors must not discriminate based on race, color, sex, or national origin when performing this contract. Vendors must comply with the requirements of 49 CFR Part 26 in the award and administration of contracts. Failure to comply is considered a material breach and may result in contract termination or other remedies determined by the City.

Vendors must protect the City against all liability or expenses related to copyright, patent, or trademark disputes connected with the goods purchased.

Additional charges for packing or drayage will only be allowed if specified on the purchase order.

If the Vendor cannot deliver all or part of the items, it must notify the City immediately. The City may cancel the entire order at its sole discretion if partial delivery is not possible.

The City is not responsible for goods unless they are covered by a properly authorized and executed purchase order.

The City may cancel any order before delivery if the goods or services are not of the kind or specified in the purchase order.

The City will not accept or pay for goods delivered in damaged condition.

The City may return any defective goods and will receive full credit from the Vendor for the returned merchandise.

All deliveries must be accompanied by a detailed shipping list.

The Vendor warrants that all goods are free from liens or claims and that it have clear, marketable title. Vendor agrees to hold the City harmless against any claims related to the goods.

Vendor acquires no rights to and shall not manufacture, distribute or otherwise dispose of any merchandise bearing the name of and created by the City except the right to manufacture and distribute merchandise only in accordance with the purchase order.

For orders involving construction or services performed on City property:

• Vendors must follow Department of Labor Safety and Health Regulations, OSHA standards, and all applicable federal and state laws.
• Insurance requirements:
  • Occurrence-based policies.
  • Certificates of Insurance must be AM Best rated at least “A”.
  • Construction
  • General Liability, minimum $1,000,000 (may include primary and excess).
  • Professional services
  • Errors and Omissions, minimum $1,000,000; General Liability, minimum $1,000,000; Property Insurance, minimum $500,000; Automobile Liability (if applicable), minimum $1,000,000.