New Search
15.2 .2 CAECR. <br /> The city: may <br />ONTRACTUAL LLOCATION OF NVIRONMENTAL ONDITION ISKS <br />allocate all or a portion of the known environmental and natural resource risks to a <br />contractor by listing such environmental and natural resource risks with specificity in <br />the Solicitation Documents and in the contract. Unless the risk of environmental <br />conditions has been allocated contractually, environmental conditions shall be <br />handled in accordance with the provisions of Section 16.2. <br />PA <br />15.3. <br /> (ORS 279B.140). <br />RICE GREEMENTS <br />15.3 .1 EA. <br /> A Price Agreement constitutes a firm Offer by the <br />NFORCEABLE GREEMENT <br />contractor regardless of whether any order or purchase has been made or any <br />performance has been tendered under the Price Agreement. Unless the Price <br />Agreement otherwise provides, a Price Agreement is enforceable for the period stated <br />in the Price Agreement and, notwithstanding ORS 72.2050, obligations thereunder <br />are not revocable by the contractor. <br />15.3 .2 C’RPT. <br /> Under a Price Agreement, no <br />ITYSIGHT TO URCHASE AND ERMINATE <br />quantity unreasonably disproportionate to any stated estimate or, in the absence of a <br />stated estimate, to any normal or otherwise comparable prior requirements may be <br />demanded, unless otherwise expressly provided in the Price Agreement. However, <br />the city may amend or terminate a Price Agreement or an order under a Price <br />Agreement under any of the following circumstances: <br />(a) Any failure of the city to receive funding, appropriations, limitations, allotments <br />or other expenditure authority, including the continuation of program operating <br />authority sufficient, as determined in the discretion of the city, to sustain <br />purchases at the levels contemplated at the time of contracting; or <br />(b) Any change in law or program termination that makes purchases under the Price <br />Agreement no longer authorized or appropriate for the city’s use. <br />15.3 .3 NE. <br /> A Price Agreement does not constitute an exclusive dealing <br />OTXCLUSIVE <br />commitment on the part of the city or the contractor unless the Price Agreement <br />expressly so provides. <br />15.4 MPACC. <br /> Every Public Contract of <br />ANDATORY ROVISIONS FOR LL ITY ONTRACTS <br />the city shall require the contractor and all subcontractors to comply with all provisions <br />legally required on a Public Contract, including the following provisions: <br />15.4 .1RAR. <br />IGHT TO UDITECORDS <br />15.4 .1 .1 Cost or Pricing Data. <br /> The Purchasing Agent may, at reasonable times and <br />places, audit the books and records of any Person who has submitted cost or <br />pricing data in connection with a contract to the extent that such books and <br />records relate to such cost or pricing data. Each contract shall also require any <br />Person who receives a contract for which cost or pricing data are required, to <br />maintain the books and records that relate to the cost or pricing data for three (3) <br />Article 15 ContractsPage 70 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />