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RFP 081411 6.1.B. - Page 31 <br /> 8.6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds <br /> typically and customarily required in their industry. These bonds will be issued pursuant to the <br /> requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a <br /> required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with <br /> all NJPA Members be considered for cancellation. Each member has the final decision on Purchase <br /> Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR <br /> CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND <br /> SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. <br /> B. NJPA MEMBER SIGN-UP PROCEDURE <br /> 8.7 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various <br /> forms of NJPA Membership documentation and shall encourage and assist potential Members in <br /> establishing Membership <br /> C. REPORTING OF SALE ACTIVITY <br /> 8.8 A report of the total gross dollar volume of all products/services purchased by NJPA Members as it <br /> applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this <br /> reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name <br /> and address of purchasing agency, amount of purchase, and a description of the items purchased. <br /> D. AUDITS <br /> 8.9 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written request, <br /> make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during <br /> normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all <br /> invoices sent by Vendor and payments made by NJPA members for all products/services purchased under <br /> this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on <br /> its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not <br /> be unreasonably withheld. Upon approval and after the auditor has executed an appropriate <br /> confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. <br /> NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to <br /> fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA <br /> may audit their records with a reasonable notice to establish total compliance and to verify prices charged <br /> hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking <br /> in a timely manner. <br /> E. HUB PARTNER <br /> 8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in <br /> some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to <br /> which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring <br /> value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other <br /> considerations. <br /> 8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction <br /> resulting from this contract, shall be payable by the NJPA Member provide that: <br /> 8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the <br /> transaction. and <br /> 8.11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting <br /> from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of <br /> [NJPA Member Name]". <br /> 28 of 47 <br />