Contact

EVERGREEN SCHOOL DISTRICT # 114

Administrative Service Center

Physical Address:

13413 NE LeRoy Haagen Memorial Dr.

Vancouver, Washington 98684

Mailing Address:

PO Box 8910

Vancouver, Washington 98668-8910

Telephone: (360) 604-4084 | Fax: (360) 604-4101

Email:  Accounting@evergreenps.org

Jennifer Jacobson

Chief Financial Officer

Ext. 4472

Jennifer.Jacobson@evergreenps.org

Kim Noah 

Director of Fiscal Services 

Ext. 4161

kimberly.noah@evergreenps.org

Lori Fellman

Manager, Accounting

Ext. 4607

Lorien.Fellman@evergreenps.org

Lidio Cardoso

Manager, Purchasing

Ext. 4480

Lidio.Cardoso@evergreenps.org

ENTIRE AGREEMENT: 

The provisions of this order are the result of negotiations between the parties. Such provisions, therefore, supersede any prior dealings between Buyer and Seller, and the rights and remedies contained herein shall be governed without regard to any such prior negotiations or course of prior dealings. Seller has satisfied himself as to the nature of the work, the character, quality, and quantity of materials and equipment which will be required, and all matters which can in any way affect performance hereunder. Buyer’s Purchasing personnel are the only persons authorized to negotiate procurement contracts or commit funds for the Buyer. Any work performed or other action taken under this purchase order in accordance with instructions of any individual other than the Buyer’s purchasing personnel shall be at Seller’s risk and without recourse to claim for reimbursement unless such individual had been authorized under this Agreement.

ACCEPTANCE: 

Signature on or acceptance of this order or the furnishing of any products or acceptance of any payment by the Seller under this order constitutes an unqualified acceptance by the Seller and all of the terms and conditions herein.

INVOICES: 

a. The purchase order number must appear on all packages, packing slips, invoices, and correspondence. All shipments must be accompanied by a packing slip.

b. Payment will be made within 30 days of receipt of a properly completed invoice or receipt of goods or services, whichever is later. The invoice must show the Purchase Order number, item description, quantity, unit price, amount for each item, and Washington State sales tax as a separate item.

c. Separate invoices are required for each Purchase Order.

d. Send an original invoice to: 

Attn: Fiscal Services Department
Evergreen School District 114
P.O. Box 8910
Vancouver, WA 98668-8910

or 

Email: Accounting@evergreenps.org

e. Upon the submission of proper invoice, Seller shall be paid the prices stipulated herein for supplies delivered and accepted or services rendered and accepted.

f. Buyer is not exempt from paying Washington State sales tax. Sales tax charged to Buyer should be reported on your Washington State excise tax return using local location number 0605. Charge the sales tax at the rate for the City of Vancouver.

g. Buyer is exempt from payment of Federal Excise Tax. An exemption certificate will be furnished in lieu of payment of the Excise Tax, and prices quoted shall be exclusive of such Excise Tax.

INFRINGEMENT: 

The Seller shall pay all royalties and licensing fees arising in connection with the sale or use of materials hereunder. The Seller further undertakes and agrees to indemnify, defend, and hold harmless, at Seller’s expense, all suits, actions, or proceedings in which the Buyer, its successors, assigns, employees, or other users of Seller’s products are made defendants for actual or alleged infringement of any patent, copyrights or trademarks, relating to the use or purchase of any materials furnished under this Agreement, and Seller further agrees to pay or discharge any and all judgments or decrees which may be rendered in any such suit, action or proceeding against such defendants therein.

PACKAGING AND TRANSPORTATION: 

a. All items shall be packaged separately by PO number and for ease of handling and in such a manner as to insure their protection during shipment and storage unless otherwise specified on the face of this order. Prices set forth in this order include all charges for packaging and transportation to F.O.B. destination.

b. All goods to be F.O.B. destination unless otherwise noted in this Agreement. Seller shall at its expense and risk, transport goods to the destination shown on the order, tender delivery, and place on Buyer’s dock.

c. If the terms of this order require delivery F.O.B. place of shipment, Seller must at that place: (1) ship the goods; (2) bear the expense of putting them in the possession of the carrier; and (3) at Seller’s risk, load the goods on board.

ASSIGNMENT AND SUBCONTRACTING: 

Monies due to Seller under this order may not be assigned in whole or in part by Seller without the prior written consent of Buyer. Seller shall not subcontract, without Buyer’s written consent, any portion of the work to be performed under this order other than the amount and of the nature indicated on Seller’s quotation.

EQUAL EMPLOYMENT: 

Buyer is an equal opportunity employer and many vendors and suppliers are covered by the Title VII of the Civil Rights Act of 1964, as amended, the Washington State Law against discrimination and presidential executive order # 11246. In entering this contract, Seller assures Buyer that Seller will comply with aforementioned statutory provisions as required by law.

QUALITY:  

The Buyer is the sole judge of quality. Goods not conforming to order requirements will be returned for credit to the Seller at Seller’s expense.

SUBSTITUTIONS: 

Seller agrees not to furnish any substitutions for the items described herein without the written consent of the Buyer.

CHANGES: 

The Buyer, for its convenience, may by written change order make any change, including, without limitation, additions or deductions in quantities ordered, changes in the specifications or drawing, changes in the time of delivery, or termination. The Buyer may terminate or suspend at its convenience all or any portion of this order not shipped as of the date of termination or suspension of the order. In the event of any change or termination for Buyer’s convenience, there shall be an equitable price adjustment by the Buyer. If the Seller maintains that the Buyer’s adjustment is not equitable, the price change shall be negotiated. 

WARRANTY PRODUCT: 

a. Seller warrants that all articles furnished hereunder shall be free from all defects in material and workmanship and shall conform to drawing and specifications.

Where design is Seller’s, Seller warrants that all articles furnished shall be fit and sufficient for the purposes intended. The warranties of Seller, together with its service warranties and guarantees, shall run to Buyer and its customers. Said warranties shall remain in effect as to each item assembled, furnished services, or repaired hereunder for a period of one (1) year after it is accepted at destination. Acceptance payment, or both, shall not affect Seller’s obligation under this warranty. If, however, any articles furnished hereunder are standard commercial items, Buyer may, at its discretion, accept by written notation on the face of the order, Seller’s standard warranty for such articles in lieu of the warranty provisions set forth herein.

b. Seller, upon notification by Buyer of breach of warranty, shall at Buyer’s direction, either repair or replace the defective article or material or agree to an equitable adjustment in the order price.

WARRANTY PRICE: 

Seller warrants that the prices of the items set forth herein do not exceed those charged by Seller to any other customer purchasing the same items in like or similar quantities.

INDEMNITY: 

The Seller assumes all risk in furnishing the materials and services ordered hereunder, and hereby releases and agrees to indemnify, defend, and hold harmless the Buyer, its successors and assigns and the directors, employees and agents of each of the foregoing (“Indemnified Parties”), from and against any and all claims and losses, harm, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys’ fees incurred on such claims and in proving the right to indemnification) arising or resulting from such claims to the extent arising out of or in connection with any willful misfeasance, bad faith or negligence in, or reckless disregard of, (1) the performance of the products, services or obligations of, or (2) the acts, errors or omissions of, the Seller or anyone acting on the Seller’s behalf in connection with this Agreement or its performance; PROVIDED, however, that if this Agreement is subject to RCW 4.24.115, then (a) the Seller shall not be required to so indemnify, defend, and hold harmless any of such Indemnified Parties against liability for damages caused by or resulting from the sole negligence of the Indemnified Parties, and (b) if such damages are caused by or result from the concurrent negligence of Indemnified Parties and of the Seller or its agents, consultants or employees, then the Seller’s indemnity, defense, and hold harmless obligations hereunder shall be limited to the extent of the negligence of the Seller or its agents, consultants or employees.

DEFAULT: 

a. Buyer may, by written notice of default to Seller, terminate this order or any part thereof if Seller (1) fails to deliver the articles or perform the services in accordance with the delivery schedule specified herein, or any extension thereof, or (2) fails to make progress as to endanger performance of this order, or fails to comply with any of the provisions of this order and does not cure such failure within a period of ten (10) days, or such longer period as Buyer may authorize in writing, after receipt of notice from Buyer specifying such failure. 

b. In the event of termination pursuant to this clause, Buyer may purchase similar articles elsewhere or secure the manufacture and delivery of the articles by order or otherwise. Seller shall be liable to Buyer for any excess cost to Buyer, provided, however, that Seller shall not be liable for such excess cost when the delay of Seller in making deliveries is due to causes beyond the control and without the fault or negligence of the Seller. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform must be beyond the control and without the fault or negligence of the Seller. No cause shall constitute a basis for excusable delay unless Seller has notified Buyer in writing of the existence of such cause within ten (10) days from the beginning thereof.

c. Buyer may by written notice, terminate this order in whole or in part for default in Buyer’s opinion, Seller appears to be insolvent or in an unsound financial condition so as to endanger performance.

SAFETY CONDITIONS: 

All equipment furnished will be required to satisfy any applicable requirements of the Occupational Safety and Health Act and/or the Washington Industrial Safety and Health Act in effect at the time of delivery. It shall be the responsibility of the Seller to comply with this requirement insofar as compliance is within its control.

MSDS’s: 

MSDS’s are required with the shipment of any hazardous chemical as defined by OSHA Hazard Communication Standard (29CFR 1910.1200).

ONSITE PERSONNEL: 

For any of Seller’s personnel who come onto the Buyer’s property, Seller shall not utilize any personnel who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under Chapter 9A.42 RCW, the physical injury or death of a child under Chapter 9A.32 RCW or Chapter 9A.36 RCW (except motor vehicle violations under Chapter 46.61 RCW), sexual exploitation of a child under Chapter 9A.68A RCW, sexual offenses under Chapter 9A.44 RCW where a minor is a victim, promoting prostitution of a minor under Chapter 9A.88 RCW, the sale or purchase of a minor child under Chapter 9A.64.030 RCW, or violation of similar laws of another jurisdiction.

The Seller shall remove from Buyer’s property any such employee who has engaged in such actions or who the Buyer reasonably considers objectionable at no cost to the Buyer. Failure to comply with these requirements is grounds for immediate termination of the Agreement for cause.

GOVERNING LAW: 

This Agreement shall be governed by the laws of the State of Washington, without regard to its conflict or choice of law provisions. The parties consent to the sole jurisdiction of the courts of the State of Washington.