The document is a purchase order agreement between Travis County and a seller/contractor. The document outlines various terms and conditions related to the purchase of goods or services by the county.
Some key points mentioned in the document include:
- Payment terms: Payment discounts will be applied after satisfactory delivery of goods/services or submission of a proper invoice. No partial payments will be made unless specified. The Prompt Payment Act requires payments to be made within 30 days, with a 1% interest penalty if payment is delayed.
- County taxes: If the contractor is delinquent in payment of county taxes, it may lead to contract cancellation. Payments for performance under the contract may be assigned to the County Tax Assessor-Collector for the payment of delinquent taxes.
- Officials not to benefit: No employee or elected official of the county should benefit from the purchase order. The seller agrees not to provide any gratuity to county employees or representatives to secure an order or favorable treatment.
- Covenant against contingent fees: The seller warrants that no commission or contingent fee has been paid to solicit or secure the order, except for bona fide employees or established commercial selling agencies. Breach of this warranty may result in termination of the order or deduction of the commission/fee from the order price.
- Novation and change of name agreements: If there is a change of name or ownership, the county purchasing agent must be notified, and approval from the Commissioners Court is required. A fee will be charged for processing each change.
- Entirety of agreement and modification: The document contains the entire agreement between the parties, and any prior agreements or representations not mentioned are not valid. Any modifications must be in writing and signed by the purchasing agent.
- Mediation: Both parties agree to use the Dispute Resolution Center of Austin, Texas, for mediation in case of a dispute. The mediation will not be binding unless both parties are satisfied with the result.
- Order construction: Provisions, words, phrases, and statutes will be applied to the order in accordance with the Government Code. Definitions of terms used in the document are provided.
- Severability: If any provision of the order is held to be invalid, illegal, or unenforceable, it will not affect the validity of other provisions.
- Order of precedence: In case of inconsistent or conflicting provisions, the order of precedence will be specifications, drawings, special terms and conditions, general terms and conditions, and item description.