Terms & Conditions

1. Purchase Order required: Florida Gulf Coast University's procurement procedures require that a Vendor have a Purchase Order before accepting any order and shipping any merchandise. The Purchase Order number must be referenced on all invoices.

 

2. Payment Terms Pursuant to FGCU-PR6.021, FGCU Regulations, FGCU shall mail to VENDOR payment within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and approval of the goods and/or services provided in accordance with the terms and conditions of this Agreement. Cash discounts will be calculated based upon the date an acceptable invoice is received in Accounts All invoices must be electronically delivered, mailed, or faxed to ACCOUNTS PAYABLE, AccountsPayable@fgcu.edu, Florida Gulf Coast University, 10501 FGCU Boulevard South, Fort Myers, FL 33965-6565, or 239-590-1230.

 

3. Cancellation: This Purchase Order may be canceled by Florida Gulf Coast University or Vendor with written notice to the other Florida Gulf Coast University reserves the right to cancel this Purchase Order if shipment is not made as promised or if goods do not meet University specifications as described on the Purchase Order.

 

4. Inspection, Acceptance, and Title: Inspection and acceptance of the goods by the University will be at the destination provided on the Purchase Order. Title and risk of loss or damage on all items shall be the responsibility of the Vendor until accepted by Florida Gulf Coast University unless loss or damage is a direct result of negligence by Florida Gulf Coast University. The Vendor shall be responsible for filing, processing, and collecting all damage Florida Gulf Coast University shall record any evidence of visible damage on all copies of the Bill of Lading.  Florida Gulf Coast University shall report the damage to both the Vendor and carrier confirming such reports in writing within thirty (30) days of delivery, requesting that the carrier inspect the damaged merchandise.  Florida Gulf Coast University shall retain the item and its shipping container, including inner packing materials until inspection is performed by the carrier and disposition given by the Vendor.  Florida Gulf Coast University shall provide the Vendor with a copy of the Bill of Lading and damage inspection report.

 

5. Non-Discrimination: To the extent applicable, Vendor agrees that it will comply with:
   1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance.
   2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance.
   3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance.
   4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance.
   5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance.
   6. Executive Order 11246 of September 24, 1965 as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor, which prohibit discrimination in government employment on the basis of race, creed, color or national origin.
   7. The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 219 et seq. covering rehabilitation measures for Vietnam Veterans.
   8. Section 413.036 of the Florida Statutes, which provides for the procurement of services from a qualified nonprofit agency for the blind or for the other severely handicapped.
   9. Chapter 760, Florida Statutes, which prohibits discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or marital status.
   10. The Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability or perceived disability
   11. All regulations, guidelines, and standards which are now or may be lawfully adopted under the above statutes, as well as any other applicable federal, state, or local rules, regulations, and ordinances.

 

6. Conflict of Interest: The Vendor of this Purchase Order is subject to the provisions of Part III, Chapter 112, Florida Statutes. This statute provides that a Vendor must disclose the name of any officer or agent of the Vendor who is also an employee of the State of Florida, any of its agencies, departments or political Further, the Vendor must disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Vendor's firm or any of its branches. The Vendor must disclose with the order any actual or potential conflict of interest as provided for in this statute. 

 

7. Convicted Vendor: The University will not contract with a Vendor that is on the Convicted Vendor List. Pursuant to  Chapter 287, Florida Statutes, a Vendor who has been placed on the Convicted Vendor List by the Department of Management Services, State of Florida, following a conviction for a public entity crime may not submit a response to a competitive solicitation with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor , supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity for a period of 36 months from the date of being placed on the convicted vendor

 

8. Payment: Florida Gulf Coast University's performance and obligation to pay under this Purchase Order is contingent upon an annual appropriation by the Legislature of the State of Florida.

 

9. Compliance with Immigration and Naturalization Act: Florida Gulf Coast University shall consider the employment of unauthorized aliens by Vendor to be a violation of Section 274A(e) of the Immigration and Naturalization Act. Such violation shall be cause for unilateral cancellation of this Purchase Order by the University.
10. Assignment: The Vendor shall not assign this Purchase Order without prior written consent of Florida Gulf Coast University.

 

11. Taxes: Florida Gulf Coast University is a public body corporate of the State of Florida and is a tax immune sovereign entity. Florida Gulf Coast University is exempt from the payment of all sales, use or excise taxes.  Vendor shall pay all taxes on tangible personal property or services bought or used in the performance of its obligations under this Purchase Order and all taxes based upon net income.

 

12. Liability: Vendor will indemnify, defend, and hold harmless the Florida Gulf Coast University Board of Trustees, Florida Gulf Coast University, and their respective officers, employees and representatives, from and against any and all liability, damages, losses, expenses, claims, demands, suits, actions, judgments, bodily injuries or sicknesses to any person, or damage, destruction, or loss of use of any property arising out of, or related to, the goods or services provided by the Vendor to the extent caused by the negligent acts or omissions or willful misconduct of the Vendor, its employees, or agents. This provision does not apply to contracts between governmental entities.

 

13. Accounting and Audit: Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for proper pre-audit and post-audit The Vendor agrees to maintain at its principal place of business those business records, books, account information and materials related to this Purchase Order. The University and the Auditor General of the State of Florida, or any of their authorized representatives, will have the right upon reasonable notice to review and audit such materials during reasonable business hours and in a manner that does not disrupt Vendor's business operations. Vendor agrees to retain any documents relevant to this Purchase Order for a period of at least three (3) years after the final payment is made or the Agreement is terminated, whichever is later. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute resolved.

 

14. Public Records: VENDOR shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.  Refusal by VENDOR to allow such public access shall be grounds for unilateral cancellation of this Agreement by FGCU.

 

IF THE VENDOR HAS ANY QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (239) 590-1134 or (239) 590-1133, by email at megan@fgcu.edu or jreeder@fgcu.edu, or by mail at 10501 FGCU Boulevard South, Fort Myers, Florida 33965.

 

15. Interest in Anti-Trust Claims: By accepting this Purchase Order, the Vendor offers and agrees it will convey, sell, assign or transfer to Florida Gulf Coast University all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by Florida Gulf Coast

 

16. Patents and Royalties: The Vendor, without exception, shall indemnify and save harmless Florida Gulf Coast University Board of Trustees and Florida Gulf Coast University and their officers, employees, and agents from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of this Purchase Order, including its use by the University. If   the Vendor uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the price shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver of sovereign immunity by either party to the limitations set forth in Section 768.28, Florida Statutes.

 

17. Safety and Security: Vendor shall take reasonable efforts to ensure that Vendor’s employees and representatives assigned to perform any obligations under this Purchase Order will not present a safety threat to persons or property on the Florida Gulf Coast University

 

18. Compliance with University Rules and Policies: Vendor's employees and representatives shall be subject to and must comply with all applicable University regulations and policies.

 

19. Hazardous Material: If this Purchase Order involves the shipping of any item considered a hazardous material within the OSHA Hazard Communication Standard (29 CFR 191 1200), a Material Safety Data Sheet (MSDS) must accompany such shipment. Failure to comply may mean delay in payment. All containers must be labeled appropriately.

 

20. Asbestos Containing Material: All materials used on any project shall be one hundred percent (100%) free of asbestos and contain no asbestos fibers of any type in their Any asbestos containing material that is discovered, either during a project or after the project's completion, shall be totally removed in compliance with federal and state regulations concerning asbestos removal and be replaced with new asbestos-free material at the Vendor's expense.

 

21. Governing Law and Rules: This Purchase Order will be governed by and construed under the laws of the State of Florida. 

 

22. Enforceability: In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.