Common use of Direct Purchase Program Clause in Contracts

Direct Purchase Program. Owner is tax exempt and may elect, at the time that it issues a SOW for a Project, to implement a direct purchase program whereby it may purchase materials and equipment applicable to a Project directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Direct Purchase Materials.” Direct Purchase Materials shall be governed by the State of Florida Department of Revenue Rule, 12A-1.094 (“DOR Rule”), the terms herein, and Owner’s policies on the subject in effect at the time Contractor commences its Work on the Project. For each direct purchase, Owner shall: (a) issue its purchase order directly to the vendor supplying the materials Contractor will use; (b) provide the vendor with a copy of Owner’s Florida Consumer’s Certificate of Exemption; (c) make payment directly to the vendor based on the vendor’s invoice which must be issue directly to Owner; (d) take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor; and (e) issue a Certificate of Entitlement pursuant to the DOR Rule to each vendor and to Contractor to confirm that the tangible personal property purchased from that vendor will go into or become part of a public work (a separate Certificate of Entitlement shall be issued for each purchase order and each purchase order shall be attached to the applicable Certificate of Entitlement). Contractor shall provide Owner with a written list of all potential Direct Purchase Materials and any other information required by Owner with respect to each direct purchase. Notwithstanding the fact that the vendor’s invoice must be issued directly to Owner as provided above, Contractor shall be responsible for obtaining a copy of all Direct Purchase Materials’ invoices from the vendor and shall be accountable for verifying and ensuring that the materials received by Owner through each direct purchase are in good condition and are consistent with the materials that were ordered from the vendor and described in each invoice. Contractor shall remain responsible for coordinating, ordering, inspecting accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchase Materials. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that any Direct Purchase Materials shall be included within and covered to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents.

Direct Purchase Program. Owner is tax exempt and may elect, at the time that it issues a SOW for a Project, elect to implement a direct purchase program whereby it may purchase materials and equipment applicable to included in any Subcontractor’s bid for a Project portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Direct Purchase Materials.” Direct Purchase Materials shall be governed by the State of Florida Department of Revenue Rule, 12A-1.094 (“DOR Rule”), the terms herein, and Owner’s policies on the subject in effect at the time Contractor Construction Manager commences its Work on construction of the Project. For each direct purchase, Owner shall: (a) issue its purchase order directly to the vendor supplying the materials Contractor Construction Manager will use; (b) provide the vendor with a copy of Owner’s Florida Consumer’s Certificate of Exemption; (c) make payment directly to the vendor based on the vendor’s invoice which must be issue issued directly to Owner; (d) take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor; (e) assume the risk of damage or loss at the time of purchase; and (ef) issue a Certificate of Entitlement pursuant to the DOR Rule to each vendor and to Contractor Owner’s Construction Manager to confirm that the tangible personal property purchased from that vendor will go into or become part of a public work (a separate Certificate of Entitlement shall be issued by Owner for each purchase order and each purchase order shall be attached to the applicable Certificate of Entitlement). Contractor Construction Manager shall provide Owner with a written list of all potential Direct Purchase Materials and any other information required by Owner with respect to each direct purchase. Construction Manager shall also provide Owner with monthly reports pertaining to the Direct Purchase Materials. Notwithstanding the fact that the vendor’s invoice must be issued directly to Owner as provided above, Contractor Construction Manager shall be responsible for obtaining a copy of all Direct Purchase Materials’ invoices from the vendor and shall be accountable for verifying and ensuring that the materials received by Owner through each direct purchase are in good condition and are consistent with the materials that were ordered from the vendor and described in each invoice. Contractor shall remain responsible for coordinating, ordering, inspecting accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchase Materials. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that any Direct Purchase Materials shall be included within and covered to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents.

Direct Purchase Program. Owner is tax exempt and may elect, at the time that it issues a SOW for a Project, elect to implement a direct purchase program whereby it may purchase materials and equipment applicable to included in any Subcontractor’s bid for a Project portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Direct Purchase Materials.” Direct Purchase Materials shall be governed by the State of Florida Department of Revenue Rule, 12A-1.094 (“DOR Rule”), the terms herein, and Owner’s policies on the subject in effect at the time Contractor Construction Manager commences its Work on construction of the Project. For each direct purchase, Owner shall: (a) issue its purchase order directly to the vendor supplying the materials Contractor Construction Manager will use; (b) provide the vendor with a copy of Owner’s Florida Consumer’s Certificate of Exemption; (c) make payment directly to the vendor based on the vendor’s invoice which must be issue directly to Owner; (d) take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor; (e) assume the risk of damage or loss at the time of purchase; and (ef) issue a Certificate of Entitlement pursuant to the DOR Rule to each vendor and to Contractor Construction Manager to confirm that the tangible personal property purchased from that vendor will go into or become part of a public work (a separate Certificate of Entitlement shall be issued for each purchase order and each purchase order shall be attached to the applicable Certificate of Entitlement). Contractor Construction Manager shall provide Owner with a written list of all potential Direct Purchase Materials and any other information required by Owner with respect to each direct purchase. Construction Manager shall also provide Owner with monthly reports pertaining to the “Direct Purchase Materials.” Notwithstanding the fact that the vendor’s invoice must be issued directly to Owner as provided above, Contractor Construction Manager shall be responsible for obtaining a copy of all Direct Purchase Materials’ invoices from the vendor and shall be accountable for verifying and ensuring that the materials received by Owner through each direct purchase are in good condition and are consistent with the materials that were ordered from the vendor and described in each invoice. Contractor Construction Manager shall remain responsible for coordinating, ordering, inspecting accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchase Materials. Notwithstanding anything herein to the contrary, Contractor contrary Construction Manager expressly acknowledges and agrees that any Direct Purchase Materials shall be included within and covered to the same extent as all other warranties provided by Contractor Construction Manager pursuant to the terms of the Contract Documents.

Direct Purchase Program. The Owner is tax exempt and may elect, at the time that it issues a SOW for a Project, elect to implement a direct purchase program whereby it may purchase materials and equipment applicable to included in any Subcontractor’s bid for a Project portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Direct Purchase Materials.” Direct Purchase Materials shall be governed by the State of Florida Department of Revenue Rule, 12A-1.094 (“DOR Rule”), the terms herein, and the Owner’s policies on the subject in effect at the time Contractor Construction Manager commences its Work on construction of the Project. For each direct purchase, the Owner shall: (a) issue its purchase order directly to the vendor supplying the materials Contractor the Construction Manager will use; (b) provide the vendor with a copy of the Owner’s Florida Consumer’s Certificate of Exemption; (c) make payment directly to the vendor based on the vendor’s invoice which must be issue directly to the Owner; (d) take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor; (e) assume the risk of damage or loss at the time of purchase; and (ef) issue a Certificate of Entitlement pursuant to the DOR Rule to each vendor and to Contractor Construction Manager to confirm that the tangible personal property purchased from that vendor will go into or become part of a public work (a separate Certificate of Entitlement shall be issued for each purchase order and each purchase order shall be attached to the applicable Certificate of Entitlement). Contractor The Construction Manager shall provide Owner with a written list of all potential Direct Purchase Materials and any other information required by the Owner with respect to each direct purchase. The Construction Manager shall also provide the Owner with monthly reports pertaining to the “Direct Purchase Materials.” Notwithstanding the fact that the vendor’s invoice must be issued directly to the Owner as provided above, Contractor the Construction Manager shall be responsible for obtaining a copy of all Direct Purchase Materials’ invoices from the vendor and shall be accountable for verifying and ensuring that the materials received by the Owner through each direct purchase are in good condition and are consistent with the materials that were ordered from the vendor and described in each invoice. Contractor shall remain responsible for coordinating, ordering, inspecting accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchase Materials. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that any Direct Purchase Materials shall be included within and covered to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents.

Direct Purchase Program. The Owner is tax exempt and may elect, at the time that it issues a SOW for a Project, elect to implement a direct purchase program whereby it may purchase materials and equipment applicable to included in any Subcontractor’s bid for a Project portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Direct Purchase Materials.” Direct Purchase Materials shall be governed by the State of Florida Department of Revenue Rule, 12A-1.094 (“DOR Rule”), ; the terms herein, ; and the Owner’s policies on the subject in effect at the time Contractor Construction Manager commences its Work on construction of the Project. For each direct purchase, the Owner shall: (a) issue its purchase order directly to the vendor supplying the materials Contractor the contractor will use; (b) provide the vendor with a copy of the Owner’s Florida Consumer’s Certificate of Exemption; (c) make payment directly to the vendor from public funds based on the vendor’s invoice which must be issue directly to the Owner; (d) take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor; (e) assume the risk of damage or loss at the time of purchase; [DISCUSS] and (ef) issue a Certificate of Entitlement pursuant to the DOR Rule to each vendor and to Contractor the Owner’s contractor to confirm that the tangible personal property purchased from that vendor will go into or become part of a public work ([a separate Certificate of Entitlement shall be issued for each purchase order and each purchase order shall be attached to the applicable Certificate of Entitlement). Contractor . The Construction Manager shall provide Owner with a written list of all potential Direct Purchase Materials and any other information required by the Owner with respect to each direct purchase. Notwithstanding The Construction Manager shall also provide the fact that Owner with monthly reports pertaining to the vendor’s invoice must be issued directly to Owner as provided above, Contractor shall be responsible for obtaining a copy of all “Direct Purchase Materials’ invoices from the vendor and shall be accountable for verifying and ensuring that the materials received by Owner through each direct purchase are in good condition and are consistent with the materials that were ordered from the vendor and described in each invoice. Contractor shall remain responsible for coordinating, ordering, inspecting accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchase Materials. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that any Direct Purchase Materials shall be included within and covered to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents.”

Direct Purchase Program. The Owner is tax exempt and may elect, at the time that it issues a SOW for a Project, elect to implement a direct purchase program whereby it may purchase materials and equipment applicable to included in any Subcontractor’s bid for a Project portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Direct Purchase Materials.” Direct Purchase Materials shall be governed by the State of Florida Department of Revenue Rule, 12A-1.094 (“DOR Rule”), ; the terms herein, ; and the Owner’s policies on the subject in effect at the time Contractor Construction Manager commences its Work on construction of the Project. For Notwithstanding anything in the Agreement to the contrary, the parties acknowledge and agree that for each direct purchaseOwner Direct Purchase, the Owner shall: (a) issue its purchase order directly to the vendor supplying the materials Contractor the contractor will use; (b) provide the vendor with a copy of the Owner’s Florida Consumer’s Certificate of Exemption; (c) make payment directly to the vendor from public funds based on the vendor’s invoice which must be issue directly to the Owner; (d) take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor; (e) assume the risk of damage or loss at the time of purchase; [and (ef) issue a Certificate of Entitlement pursuant to the DOR Rule to each vendor and to Contractor the Owner’s contractor to confirm that the tangible personal property purchased from that vendor will go into or become part of a public work (a work. A separate Certificate of Entitlement shall be issued by Owner for each purchase order and each purchase order shall be attached to the applicable Certificate of Entitlement). Contractor The Owner will, via its purchase orders, purchase the materials, and the Construction Manager shall provide the Owner with any necessary information to complete the purchase orders. The Construction Manager shall provide Owner with a written list of all potential Direct Purchase Materials and any other information required by the Owner with respect to each direct purchase. Notwithstanding The Construction Manager shall also provide the fact that Owner with monthly reports pertaining to the vendor’s invoice must be issued directly to Owner as provided above, Contractor shall be responsible for obtaining a copy of all “Direct Purchase Materials’ invoices from the vendor and shall be accountable for verifying and ensuring that the materials received by Owner through each direct purchase are in good condition and are consistent with the materials that were ordered from the vendor and described in each invoice. Contractor shall remain responsible for coordinating, ordering, inspecting accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchase Materials. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that any Direct Purchase Materials shall be included within and covered to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents.”