Terms and Conditions
1. The City of McKinney reserves the right to cancel all or any part of this order if not shipped as required or as instructed. All materials and services shall be subject to the City's approval. Unsatisfactory materials will be returned at seller's sole risk and expense. No substitution will be accepted without Procurement Services' advance written approval.
2. A City of McKinney Purchase Order (sometimes called “order” or “PO”) must be obtained by vendor before order fulfillment takes place. Packages must be marked with the correct and valid Purchase Order number.
3. No change(s) shall be made to this order without advance written authorization from Procurement Services.
4. Purchase Order Number must be clearly identified upon each invoice. Invoices that do not indicate the correct and valid City of McKinney PO number will be returned to the vendor at vendor's sole risk and expense.
5. Submit all invoices for payment to the City of McKinney. Invoices for partial deliveries must be so indicated.
6. The City of McKinney is exempt from sales tax. Invoices shall not include sales tax.
7. All prices must be F.O.B. delivery point. Where a specific purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charges and add such charges to the invoice.
8. Materials must be properly packaged. No charge will be allowed for packing, crating, palletizing or boxing.
9. Inspection of delivery will be made at the delivery point unless otherwise specified. Damaged materials will not be accepted.
10. Rejected material will be returned to the vendor at the vendor’s sole risk and expense.
11. All containers or reels are to remain the property of the City of McKinney unless otherwise indicated.
12. Procurement Services may grant additional time for delivery when the City of McKinney is at fault or is satisfied the delay is beyond the control of the vendor. Such grant must be in writing, in advance, and made part of the order.
13. Quantities specified in the order are not to be exceeded. Any overages or duplicate orders will be returned to vendor at vendor’s sole risk and expense.
14. Goods delivered shall comply with all Federal, State and local laws relative thereto. The vendor shall defend actions or claims brought and save harmless the City from and against any and all loss, cost or damage by reason of actual or alleged patent infringement and/or copyright infringement.
15. Effective 1/1/2006: Chapter 176 of the Texas Local Government Code requires that any potential vendor or person considering doing business with the City of McKinney disclose the vendor or person’s affiliation or business relationship that might cause a conflict of interest with the City by filing the questionnaire form CIQ. By law, the questionnaire must be filed with the City Secretary not later than the 7th business day after the date the person becomes aware of the facts that require the statement to be filed. Acceptance of the PO represents compliance with the requirements of Chapter 176. Download the CIQ form and Section 176 from the vendor page.
16. In case of default of the vendor, the City may procure the articles or services from other sources and charge the vendor as liquidated damages any excess cost or damages occasioned thereby.
17. Vendor shall not sell, assign, transfer or convey this order, in whole or in part, without the prior written consent of the City.
18. Terms: Net thirty (30) days from receipt of goods and/or services and invoice unless otherwise agreed upon in advance by seller and Procurement Services. The City of McKinney does not pay late fees or interest.
19. The City of McKinney requires ethical behavior and compliance with the law from all individuals and companies with whom it does business.
20. Vendor and the City of McKinney agree that both parties have certain rights, duties, and remedies available as stated in the Uniform Commercial Code. Should a conflict exist between these terms and the Uniform Commercial Code, these terms shall prevail.
21. In accordance with Chapter 2270, Texas Government Code, vendor hereby affirms and verifies by vendor’s signature below or vendor’s fulfillment of this order that Vendor (1) does not boycott Israel, and (2) will not boycott Israel during the term of the agreement; or, that Chapter 2270 does not apply to vendor because the vendor is (1) a sole proprietorship, or (2) a company that has fewer than ten (10) full-time employees, or (3) that this contract has a value of less than One Hundred Thousand Dollars ($100,000.00).
22. Vendor hereby affirms and verifies, by vendor’s signature below or by vendor’s fulfillment of this order that vendor is not a company identified on the Texas Comptroller’s list of companies known to engage in business with Iran, Sudan or a foreign terrorist organization.
23. Vendor shall defend, indemnify and save harmless City of McKinney and all its officers, agents and employees from all suits, claims, actions, damages, demands or other demands of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of any negligent act or fault of the vendor, or of any agent, employee, subcontractor or supplier in the execution of, or performance under this order. Vendor shall pay any judgment with cost, which may be obtained against City of McKinney growing out of such injury or damages.
24. Vendor covenants and agrees that Vendor and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Agreement. All activities, investigations and other efforts made by Vendor pursuant to this Agreement will be conducted by employees, associates or subcontractors of Vendor.
In addition, Vendor shall comply with the requirements of Texas Government Code § 2252.908 by completing and submitting Form 1295 to the Texas Ethics Commission (“Commission”) at the time Vendor submits this signed Agreement to City, and as follows:
Form 1295 Filing Process: The Commission has made available on its website a new filing application that must be used to file Form 1295. The Vendor must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the Vendor must sign the printed copy of the form and complete the “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing the form. The completed Form 1295 with the certification of filing must be filed with the City.
The City must notify the Commission, using the Commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the Agreement binds all parties to the Agreement. The Commission will post the completed Form 1295 to its website within seven business days after receiving notice from the City.
Form 1295 Availability: Certificate of Interested Parties Form is available from the Texas Ethics Commission website at the following address: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
For questions regarding and assistance in filling out Form 1295, please contact the Texas Ethics Commission at 512-463-5800.