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9 .7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER' S credit or make it a <br /> guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form <br /> of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of <br /> indebtedness that would impair its ability to fulfill the terms of this Agreement. <br /> 9. 8 . Counterparts . This Agreement may be executed in one or more counterparts, but all <br /> such <br /> counterparts, when duly executed, shall constitute one and the same Agreement. <br /> 9 .9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of <br /> Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. <br /> ARTICLE 10. DIRECT PURCHASE PROCEDURES . <br /> 10. 1 . Administrative guidelines governing the taxability of materials purchased for public works contracts, <br /> such as the Project under these Contract Documents, are contained in Rule 12A- 1 .094, Florida <br /> Administrative Code. <br /> 10.2. The exemption in Florida Statutes Section 212.08(6) is a general exemption for sales made directly to <br /> the government. A determination whether a particular transaction is properly characterized as an <br /> exempt sale to a governmental entity or a taxable sale to or use by a contractor shall be based on the <br /> substance of the transaction, rather than the form in which the transaction is cast. The determination <br /> of whether the substance of a particular transaction is a taxable sale to or use by a contractor or an <br /> exempt direct sale to a governmental entity, based on all of the facts and circumstances surrounding <br /> the transaction as a whole, is ultimately made by the Florida Department of Revenue. <br /> 10. 3 . The conditions that must be met to satisfy the requirements of Rule 12A- 1 .094, Florida <br /> Administrative Code, and establish that Indian River County as Owner rather than the Contractor is <br /> the purchaser of materials, include: <br /> ( 1 ). Direct Purchase Order. Indian River County as Owner must execute the purchase orders for the tangible <br /> personal property involved in the contract, which must include the County ' s consumer's certificate <br /> of <br /> exemption number. The Contractor may present the County' s purchase orders to the vendors of the tangible <br /> personal property; <br /> (2). Passage of Title. The Indian River County as Owner must acquire title to and assume liability for the <br /> tangible personal property at the point in time when it is delivered to the job site up until the time <br /> it is <br /> incorporated as real property ; <br /> (3). Direct Invoice. Vendors must directly invoice Indian River County as Owner for supplies; <br /> (4). Direct Payment. Indian River County as Owner must directly pay the vendors for the tangible personal <br /> property ; and <br /> (5). Assumption of the Risk of Loss. . Indian River County as Owner must assume all risk of loss or damage <br /> for the tangible personal property involved in the contract, as indicated by the County ' s acquisition of, or <br /> inclusion as the insured party under, insurance on the building materials. <br /> 00530-6 JQ075.doc <br /> 131 <br />