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PURCHASE ORDER TERMS, CONDITIONS AND INSTRUCTIONS
1. The Contractor shall provide a delivery ticket with each delivery.
2. The Contractor shall promptly provide an invoice upon shipment of goods and/or provision of services related to this Purchase Order. Payment will be authorized
following receipt of a valid invoice which must minimally include the Purchase Order Number, Contract Number (when applicable) Line-item Number(s),
and a description of goods and services provided for each line-item. Failure to submit invoices as specified may result in a payment delay.
3. The City of Newport News, Virginia is exempt from the payment of the State Sales and Use tax. A properly executed Sales and Use tax Certificate of
Exemption (Form ST-12) is available upon request. The City’s Employer Identification Number (EIN) is 54-6022059.
4. This Purchase Order is the City’s acceptance of the Contractor’s offer to provide the goods and/or services described herein and shall constitute a contract
between the Contractor and the City. The Contractor shall furnish and deliver the goods/services specified at the stated prices and, as applicable, in
accordance with the quote, bid, proposal or contract. The City shall pay for all goods/services at the specified prices after acceptance by the City according to
the specified payment terms.
5. The shipment or delivery of any goods and/or services by the Contractor shall constitute the Contractors acceptance of all terms and conditions of this
Purchase Order and where applicable the solicitation and contract.
6. The postmark date is deemed the payment date when payment for goods/services is made by mail. When payment is not completed by the City within the terms of
the Purchase Order or contract, finance charges assessed by the Contractor shall not exceed one percent (1%) per month in accordance with the Code of Virginia, §
2.2-4352.
7. In accordance with § 2.2-4354 of the Code of Virginia, the Contractor shall take one of the two following actions within seven (7) days after the receipt of amounts
paid by the City for work performed by subcontractor(s)
(a) Pay the subcontractor(s) for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor(s) under
this Purchase Order or contract; or
(b) Notify the City and subcontractor(s), in writing, of their intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. Interest
shall accrue at the rate of 1% per month, unless otherwise indicated in the contract. The Contractor shall include in each of its subcontracts a provision requiring
each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. The
Contractor’s obligation to pay an interest charge to a subcontractor(s) pursuant to the payment requirements in this section may not be construed to be an
obligation of the City. A Purchase Order or contract modification may not be made for the purpose of providing reimbursement for such interest charge and a
cost reimbursement claim shall not include any amount for reimbursement for such interest charge.
8. In the event of default by the Contractor, the City reserves the right to procure the goods/services from other sources and hold the Contractor liable for any excess
cost occasioned thereby.
9. This Purchase Order shall not be assignable by the Contractor in whole or in part without the written consent of the City of Newport News.
10. This Purchase Order shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the
courts of the City of Newport News.
11. In accordance with § 2.2-4311.3 of the Code of Virginia: No term or provision in any public contract for the acquisition of information technology goods or services
shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain
enforceable. Any term or provision in a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of another state or
country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall
be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's
choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.
12. The Contractor shall observe and comply with all applicable Federal, State and Local laws, ordinances and regulations and shall protect and indemnify the City, and
its representatives against any claim or liability arising from or based on any violation of the same, whether by the Contractor, it’s subcontractors, suppliers of
materials or services, or others engaged by the Contractor or the employees of any of them.
13. The Contractor certifies that they do not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act
of 1986.
14. All Contractors organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership, or a registered limited liability
partnership must register with the State Corporation Commission to transact business in the Commonwealth as a domestic or foreign business entity if so required by
Title 13.1 or Title 50, as amended, or as otherwise required by law. Said business shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled while performing work for the City.
15. The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, and its officials from all suits
and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard
same, and from all claims arising under the workers’ compensation laws. Upon request, the Contractor shall provide proof of insurance prior to commencing work.
16. During the performance of a contract with the City:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity,
national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operations of the Contractor. The Contractor agrees to post in conspicuous places available to employees and
applicants for employment, notices setting forth the provisions of this non-discrimination clause.
(b) The Contractor will state that he is an equal opportunity employer in all solicitations or advertisements for employees.
(c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section..
(d) The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract of over $10,000 so that the provisions will be binding
upon each subcontractor or vendor.
17. During the performance of a contract with the City, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous
places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees
for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
For the purposes of this section, ‘‘drug-free workplace’’ means a site for the performance of work done in connection with a specific contract awarded to a contractor,
the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or
marijuana during the performance of the contract.
18. During the performance of a contract with the City, the Contractor agrees that it will not use forced or indentured child labor in the performance of a contract that
exceeds $10,000 and that the Contractor will include this provision in every subcontract or purchase order of over $10,000 so that the provision is binding upon each
subcontractor or vendor. “Forced or indentured child labor” means all work or service (i) exacted from any person younger than 18 years of age under the menace of
any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than
18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
19. The City does not discriminate against faith-based organizations.Jump to an indexed page (3 of 3)