MC01-F12

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• All Terms & Conditions contained in the IFB for MC01-F12 and the bidder's response to the IFB are incorporated herein. Any modification or amendment of any provision of this Contract must be in writing and bear the signature of each party’s duly authorized representative. In the event of a conflict between the terms of the IFB, bidder’s response and/or the terms set forth in this Contract, the following order of precedence shall control:
  
  a) Terms in this Contract,
  b) Any correspondence between MHEC and the Bidder clarifying the bidders response
  c) Bidder’s response to IFB
  c) IFB
• Contractors are required to market products and services to the MHEC membership directly and continue to promote sales volume through quality and superior service.
• Discount pricing may be offered to a member above and beyond this contract discount structure in the form of: Special Deals, Sales Catalogs or Bulletins, Promotional Sales, and Additional Volume Discounts through special quotes for committed dollar purchases, so long as the same pricing will be offered to all current and future member customers who meet the same criteria for the special pricing.
• Use of the contract is left to the discretion of each respective member. No guarantee of volume has been made to the supplier.
• Any purchase order issued to a vendor by an MHEC member is an agreement between the individual member and the vendor, not the MHEC organization, or other MHEC Members in part or total.
• Suppliers will make every effort to identify purchasers contacting them to determine MHEC membership and extend the MHEC pricing and any benefits. Any customer who meets the MHEC criteria for membership within the 6 state region such as;
  1. Non-profit, public and private colleges / universities,
  2. Not for profit technical, charter, and vocational schools,
  3. Municipalities including K-12, and Libraries.
  4. Non-profit education organizations,
• Either party may terminate this contract for convenience, without penalty, upon Sixty (60) days written notice to the other party
• This contract contains installation and services which may fall under a State's prevailing wage laws and guidelines of the MHEC PUBLIC members. In addition depending on the situation or circumstances, state laws or state procurement guidelines, the MHEC PUBLIC members may be required to obtain separate quotes or publicly bid installation services.
• Wage Rates: Please visit each States’ Department of Labor and Development referencing details or Prevailing Wage Rates and how they are to be paid on State Jobs and how payroll records are to be maintained. Per the AG, Division of Occupational Safety, prevailing wage rates are subject to change annually. Each job performance must include an updated prevailing wage rate chart. It is the responsibility of the contracted supply partner to request this from the member requesting service. Note that several of our schools are public and it is the vendor’s responsibility to follow the wage rate guidelines if necessary. This list is included but not limited to New England. It is the responsibility of the supplier to request prevailing wages from members when performing services where prevailing wages apply.
  
  MA - http://www.mass.gov/?pageID=elwdagencylanding&L=4&L0=Home&L1=Workers+and+Unions&L2=Wage+and+Employment+Related+Programs&L3=Prevailing+Wage+Program&sid=Elwd
  
  CT- http://www.ctdol.state.ct.us/wgwkstnd/wgemenu.htm
  RI - http://www.dlt.ri.gov/pw/
  VT - http://www.vtlmi.info/occupation.cfm
  ME - http://www.maine.gov/labor/labor_laws/wagehour.html
  NH - http://www.labor.state.nh.us/
• Some suppliers awarded to this contract may require that members enter into specific
  purchase agreements. Due to the specific nature of these agreements, the MHEC has not
  vetted these agreements. Therefore, members considering entering into these agreement are
  strongly encouraged to submit these documents to their legal counsel for review. Also,
  consider adding to purchase agreements: The terms and conditions shall not supersede the
  MHEC MC01-F12 contract terms and conditions.