General Conditions and Specifications of Purchase Orders

All Upper Grand District School Board purchase orders are issued subject to the following terms and conditions. Additional terms, conditions and requirements may be specified in a Request for Proposal, Request for Quote, Request for Tender and the like issued by Upper Grand District School Board.

  1. Purchase Order Required: The Board shall not be responsible for goods and services provided to the Board without a Purchase Order issued by the Purchasing Department. Each purchase order must have a purchase order number (P.O. Number) which shall be placed on all invoices, delivery tickets, bills of lading, packages, samples and/or correspondence with the Upper Grand District School Board. All invoices received without a purchase order number will be returned unpaid.
  2. Title: Title to all goods and the risk of damage, loss or destruction remain with the Supplier until the Upper Grand District School Board accepts the Goods.
  3. Price: All prices are F.O.B. destination and in Canadian funds, and include all duty, taxes, freight, customs clearances, packing, storage, royalty, transportation, delivery, loading and insurance costs unless otherwise agreed to in writing by the Upper Grand District School Board. The Supplier shall not execute an order at prices higher than those shown on the order without the prior written approval of the Upper Grand District School Board purchasing department.
  4. Cash Discounts: In the event that the Upper Grand District School Board is entitled to a cash discount, the period of computation will commence on the receipt of a correctly completed invoice delivered to the Upper Grand District School Board.
  5. Payments: Payment shall be made within thirty days of the later of the date of receipt of an invoice or the date of acceptance and/or approval of the goods and services. The Board does not accept C.O.D. purchases.
  6. Warranties: The Upper Grand District School Board is relying on the Supplier’s skill and judgment in selecting and providing both goods and services appropriate to the Upper Grand District School Board s purpose. All goods are to be free and clear of any and all liens and encumbrances, and will conform and comply in all respects with applicable safety orders, regulations and laws of any Municipal, Provincial and Federal governments. Services will be performed in a skilful and workmanlike manner to the satisfaction of the Upper Grand District School Board. Goods and services which the Upper Grand District School Board determines are defective or not conforming to the foregoing will be returned to or removed by the Supplier at the Supplier’s expense.
  7. Shipping and Packaging: Goods will be shipped F.O.B. to the destination and on the date designated by the Upper Grand District School Board, marked with the appropriate P.O. Number and shall be securely and safely packed in cartons, boxes, crates or other containers affording protection to the goods against risk of damage or loss.
  8. Time is of the Essence of this Contract: In the event that the Supplier fails to make timely shipment of the Commodity, the Board may upon written notice to the Supplier, immediately terminate the Contract and/or claim damages arising out of or in connection with such delay in shipment.
  9. Delays in Shipment: In the event of failure or delay in delivery of the Commodity due to any reason whatsoever, the Supplier shall, without prejudice to the other rights of the Board, reimburse to the Board all actual costs incurred by the Board in respect of the Commodity as a result of such failure or delay in delivery of the Commodity. Vendor shall notify the Purchasing Department immediately if it cannot deliver by the date specified on the purchase order.
  10. Workplace Hazardous Materials Information System: The Supplier shall meet all Workplace Hazardous Materials Information System requirements as defined under the Ontario Heath and Safety Act. A current Material Safety Data Sheet conforming to WHMIS legislation must be provided by Supplier with all goods shipped which are regulated by WHMIS.
  11. Insurance: The Supplier shall provide evidence upon request of liability insurance as follows:
    • WSIB in accordance with the laws of the Province of Ontario;
    • employer’s liability-minimum of $2,000,000 per accident, minimum of $2,000,000 Bodily Injury policy limit and minimum of $2,000,000 Bodily Injury per employee;
    • general liability a minimum of $2,000,000 per occurrence; and
    • automobile liability a minimum of $2,000,000 combined single limit for Bodily Injury and Property Damage.
     
  12. Occupational Health and Safety Act: The Supplier agrees to observe strictly and faithfully the provisions of the Occupational Health and Safety Act and all regulations and rules and agrees to indemnify and save the Board harmless from any breach or breaches of the Act. The Supplier agrees to assume full responsibility for the enforcement of the Act to ensure compliance therewith and further acknowledges and agrees that any such breach or breaches by itself or any of its subcontractors may result in the immediate termination of this contract.
  13. Asbestos: Materials or products containing asbestos are not acceptable to the Upper Grand District School Board and are not to be used in our facilities. The Supplier shall not use Upper Grand District School Board waste disposal containers and the Supplier is responsible for the removal from our sites of all waste that they generate to an approved waste facility.
  14. Indemnification: The Supplier shall indemnify and save harmless the Board, its employees, officers, trustees and agents from and against any allegations, claims, costs, damages, expenses, suits, settlements, awards or proceedings arising from injury, including death, to any person, or damage to any property, arising out of or related to the activities of Supplier, its officers, subcontractors, agents or employees under this contract.
  15. Access to School Yards: Vehicles shall not enter or be parked in Upper Grand District School Board schoolyards without prior authorization of the school principal or designate.
  16. Services Performed on Upper Grand District School Board Property: The Supplier agrees to abide and be bound by all applicable rules and regulations of the Upper Grand District School Board for work done on Upper Grand District School Board property. All contractors/providers are required to report to the school office upon arrival to commence work. This is an important component of the Board’s policy and non-compliance may result in the cancellation of the supplier’s contract with the Board.
  17. Motorized Vehicles on School Property: While on Upper Grand District School Board property, the driver of the vehicle and their assistant(s) must comply with the following:
    • Prior to entering onto Upper Grand District School Board property, the vehicle, driver and any assistant(s) must have valid insurance coverage for any accidents occurring on Upper Grand District School Board property;
    • Vehicles shall not be driven in the schoolyard when students are in the area unless directed by or with permission of the principal. Drivers must wait for the yard to clear before entering or leaving;
    • Vehicles must not be driven at a speed exceeding 8 kilometres per hour;
    • No vehicle shall be backed up unless there is a person on foot to guide the driver;
    • No vehicle shall be left running while parked on Upper Grand District School Board property;
    • When returning to an unattended vehicle, the driver must circle the vehicle to ensure that no child is hiding behind or under the vehicle before it is driven;
    • Drivers of motor vehicles shall not operate their vehicles beyond the parking areas; and
    • All accidents, which occur on school property, must be immediately reported to the school Principal.
     
  18. Criminal Background Checks: If applicable and as required by Ontario Regulation 521/01 the Supplier covenants and agrees to provide the Ontario Education services Corporation, or such other entity as the UGDSB may designate, with consent to perform a Criminal Background Check including a Vulnerable Sector Police Record Check every two (2) years covering offences under the Criminal Code, the Controlled Drugs and Substances Act and any other offences which would be revealed by a search of the automated Criminal Records Retrieval System maintained by the RCMP (“Police Record Check”) for every individual or employee of the Supplier who may come into direct contact with students on a regular basis at a school site of the UGDSB. It is a breach of contract for the service provider to allow anyone to be on site who has not provided a criminal background check as required and the contract can be terminated for just cause.

    The Supplier covenants and agrees that prior to coming into direct contact with students on a regular basis at a school of the UGDSB, every individual or employee performing services for the Supplier must receive an Identification Card issued by the Ontario Education Services Corporation. The UGDSB will at its sole discretion determine whether an individual or employee of the Supplier is deemed to come into direct and regular contact with students. The cost of obtaining the required documentation will be paid directly by the Supplier.
  19. Proprietary Information: Supplier shall keep confidential all information, drawings, specifications, data, intellectual property, or knowledge furnished by the Upper Grand District School Board or prepared by the Supplier specifically in connection with this purchase order.
    Changes: The Upper Grand District School Board reserves the right at any time to make changes in the specifications, amount, type, and descriptions to which the product and/or service is to conform, in the methods of shipment and packaging, or in the time or place of delivery. No change by Supplier is allowed without prior written approval of the Upper Grand District School Board.
  20. Limitation on Assignment: The Supplier shall not assign, sell, transfer or subcontract rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the Upper Grand District School Board.

    No such written approval shall relieve Supplier of any obligations under this contract, and the Supplier shall remain liable as if no such assignment, transfer or subcontract had occurred.
  21. General Contractual Terms: This Contract constitutes the entire agreement between the parties hereto with respect to the Commodity covered and supersedes all prior communications or agreements with regard to the subject matter hereof, except any public procurement documents issued by the Board in connection with this commodity. This Contract may not be modified or terminated nor may any right be waived except with prior written approval of the Board. This purchase order and the contract resulting therefrom shall be governed by and construed in accordance with the laws of the Province of Ontario.