Business Center Terms and Conditions

  1. INSTRUCTIONS TO CONTRACTOR. Contractor shall include RTD’s purchase order number on invoices, packing lists, bills of lading, packages, containers, and correspondence processed under this purchase order. A packing list shall accompany each shipment of goods and, if such shipment completes this purchase order, shall show there: “This shipment completes this order.” RTD will not pay Contractor costs incurred for boxing, crating, shipping insurance, handling, banding, etc., unless previously agreed upon and indicated on the original purchase order. Goods shall be packaged to ensure safe arrival at destination; goods not properly packed may be rejected by RTD.

  2. CONTRACTOR’S ACCEPTANCE. This purchase order constitutes an offer by RTD to Contractor to purchase the goods and/or services covered by this purchase order. In the event of any inconsistency or conflict among these terms and conditions and other documents, the following order of precedence shall apply: (a) these terms and conditions; (b) terms written on the face of or otherwise referenced in this purchase order; and (c) any related purchase or service agreement for which this purchase order form is an attachment. Upon acceptance of this purchase order, shipment of goods or commencement of services, Contractor shall be bound by the provisions of this purchase order, including all provisions set forth in this purchase order whether or not Contractor signs or otherwise acknowledges this purchase order, unless Contractor objects to any specific provisions in a writing delivered to RTD reasonably prior to shipping goods or commencing services. Any additional terms and conditions referenced on vendor’s forms or invoices but not included in this purchase order are void.

  3. PAYMENTS. Invoices, whether for goods and/or services, shall be submitted to RTD and shall contain the following information: Contractor’s Legal Name, Purchase Order Number, Total Purchase Order Amount, Item Number, Description of Goods/Services, Quantity, Unit, Unit Price, and Total Amount Due. Submit invoices to: [email protected]Unless otherwise specified, payment will be made on partial deliveries accepted by RTD when the amount due on such deliveries so warrants. Service rates set forth in this purchase order include all profit, wages, salaries, overhead, taxes and other costs and expenses. RTD shall make no payment for work performed at overtime or premium rates unless such work is expressly authorized by RTD.

  4. DISCOUNTS. If a prompt payment discount is negotiated, its terms will be specifically identified in this purchase order. For purposes of earning such discount, payment shall be deemed tendered as of the date such payment is placed in the U.S. Mail or as of the date such payment is submitted through an acceptable form of electronic funds transfer.

  5. TAX EXEMPTION. RTD is a political subdivision of the State of Colorado and is exempt from federal excise tax under 26 U.S.C.A. § 4221-4222 (2002). RTD is exempt from Colorado state sales and state-collected sales taxes (Colorado State: 98-00688). RTD is not exempt from any local sales and use tax levied by a home rule city unless that municipality specifically exempts political subdivisions from payment of such sales and use taxes.

  6. DELIVERY, INSPECTION, AND ACCEPTANCE. Time is of the essence in the performance of this purchase order. Delivery of goods shall be freight on board (FOB) destination, unless otherwise specified on this purchase order. Inspection and acceptance by RTD will be at shipping destination, unless otherwise provided. Risk of loss shall remain with Contractor until tender of delivery, installation (if applicable), and acceptance of goods by RTD. Where RTD rightfully rejects or revokes acceptance of goods, in accordance with the Article titled “Nonconforming Goods and/or Services,” the risk of loss shall be deemed to have remained continuously with Contractor from the beginning. When goods are delivered, certificates or releases signed by representatives of RTD are understood to be a simple acknowledgement of receipt of goods and do not constitute acceptance by RTD of the condition of the materials in whole or in part. RTD reserves the right to return goods delivered in advance of any prescribed delivery schedule.

  7. NONCONFORMING GOODS. If the goods and/or services ordered fail to conform to the requirements of this purchase order, RTD shall have the right to reject such goods and/or services. Goods that have been delivered and rejected may be returned to Contractor for replacement, correction, reimbursement, or credit as RTD may direct; any rejected goods are at Contractor’s risk and expense. Packaging and handling expenses and applicable transportation costs incidental to returned or rejected goods shall be payable by Contractor. At RTD’s sole discretion, nonconforming services rejected by RTD may be re-performed by Contractor to conform to the requirements of this purchase order with RTD’s prior written approval. Such re-performance shall be at Contractor’s expense or with a credit as RTD may direct, or RTD may cancel this purchase order and be reimbursed by Contractor for any costs incurred related to the nonconforming services. Upon non-acceptance, repudiation or rejection of any goods and/or services, RTD shall not be liable for any profit Contractor would have made, nor for incidental damages. If, after notice of rejection requiring replacement, correction, or re-performance, Contractor fails to promptly replace, correct, or re-perform such rejected items, Contractor will reimburse RTD for any costs incurred related to the nonconforming items and, at RTD’s sole discretion, such items may be replaced, corrected, or re-performed by RTD at the expense of Contractor.

  8. VARIATION IN QUANTITY. No variation in the quantity of any item called for by this purchase order will be accepted unless such variation has been caused by conditions of loading, shipping, packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this purchase order. Variations in quantity not meeting these criteria may render the tender of delivery nonconforming.

  9. BRAND NAME OR EQUAL. If an item is identified as "brand name or approved equal" in this purchase order, the purchase description reflects the characteristics and level of quality that will satisfy RTD’s needs. The salient physical, functional, or performance characteristics that "approved equal" products must meet are specified in this purchase order. Unless RTD has clearly indicated in writing that an "equal" product has been approved, and is identified by brand name, if any, and make or model number, the Contractor shall provide the brand name product referenced in this purchase order.

  10. NEW MATERIAL. (This Article applies to purchase orders for goods only.)Unless this purchase order specifies otherwise, the Contractor represents that the goods and components, including any former RTD property identified, are new, including recycled (not used or reconditioned), and are not of such age or so deteriorated as to impair their usefulness or safety. If the Contractor believes that furnishing used or reconditioned goods or components will be in RTD's interest, the Contractor shall notify the Contracting Officer in writing. The Contractor's notice shall include the reasons for the request along with a proposal for any cost-savings to RTD if RTD authorizes the use of used or reconditioned goods or components.

  11. RIGHTS TO MATERIALS. Except as provided in the Article titled “Hazardous Materials,” or as otherwise provided in this purchase order, all materials, including but not limited to documents, equipment, supplies, and any tangible or intangible property that RTD provides to Contractor or that Contractor provides to RTD related to the performance of this purchase order shall be the exclusive property of RTD. Notwithstanding the foregoing, Contractor retains the exclusive rights, title, and ownership to any pre-existing materials owned or licensed to the Contractor (“Pre-existing Contractor Materials”) and, as applicable, Contractor hereby provides a license to RTD for its use of the Pre-existing Contractor Materials. Except as otherwise provided herein, Contractor shall return to RTD all materials provided by RTD upon termination or completion of this purchase order. This purchase order, including all attachments and all materials provided hereunder, are subject to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq.

  12. WARRANTY. Contractor expressly warrants that all goods and/or services covered by this purchase order shall conform to the specifications, drawings, samples or other description upon which this purchase order is based; conform to commercially reasonable standards; are fit and sufficient for the purposes intended; are merchantable; are of good material and workmanship and free from defects; and are free of any claim of any third party. RTD’s inspection and acceptance or use of the goods and/or services furnished under this purchase order shall not affect the Contractor’s obligation under these warranties, and such warranties shall survive RTD’s inspection and acceptance and use. Any inspection, acceptance or payment for goods and/or services by RTD shall not constitute a waiver by RTD of any warranties. These warranties shall run to RTD, its successors, and assigns.

  13. CONTRACTOR REPRESENTATION. Contractor represents and warrants that it has sufficiently informed itself in all matters affecting the performance of the work or the furnishing of the labor, services, goods, supplies, material or equipment as specified in this purchase order. All goods and/or services supplied shall conform to commercially reasonable standards. All personnel assigned by Contractor to perform services to be furnished under this purchase order shall be capable, skilled, qualified and competent to perform such services. RTD may require Contractor to remove from RTD property or from the work under this purchase order any employee, agent, or representative of Contractor or any of its subcontractors that RTD deems incompetent, careless, or negligent. Contractor further represents and warrants that the prices stated in this purchase order are a complete and correct statement of Contractor’s prices for furnishing the goods and/or services required by this purchase order and are not less favorable than those currently extended to any other customer for the same or like goods and/or services in equal or smaller amounts.

  14. HAZARDOUS MATERIALS. If goods and/or services purchased under this purchase order contain or require the use of regulated chemicals, equipment, or hazardous materials, Contractor represents and warrants that Contractor understands the nature of any hazards associated with the manufacture, handling and transportation of such hazardous materials. Contractor agrees that its use of hazardous materials shall at all times adhere to RTD’s Chemical Product Approval Program (as described in RTD Document ID# CAP_2024_Version A, a copy of which can be provided upon request). Accordingly, prior to bringing any hazardous materials onto an RTD property, Contractor is required to provide notification to and receive the approval of RTD’s Safety and Environmental Compliance Division by submitting a Product Approval Evaluation Form and the Manufacturer’s Safety Data Sheet on all regulated chemicals, equipment, or hazardous materials supplied. Following receipt of RTD’s approval to use a hazardous material, Contractor shall permit RTD’s Safety and Environmental Compliance Division to track and observe Contractor’s use of the hazardous material while performing work at an RTD property. Upon completion of the work, Contractor shall be responsible for removing and disposing of its hazardous materials in compliance with all applicable local, state and federal laws, rules, and regulations.

  15. PROMPT PAYMENT OF SUBCONTRACTORS. The Contractor agrees that (i) it shall pay its subcontractor(s) any undisputed amounts for the satisfactory performance of their work within seven days of the Contractor’s receipt of payment from RTD for such work; (ii) within 30 days after a subcontractor’s work has been satisfactorily completed and accepted by RTD’s Project Manager or by the Contractor, whichever is earlier, the Contractor shall make full payment to the subcontractor of any retainage the Contractor has kept related to such subcontractor’s work, unless a claim is filed against the subcontractor related to such work; (iii) failure to comply with the above may give RTD just cause to impose one or more of the following penalties, until the required payment(s) to the Contractor’s subcontractor(s) is satisfied, unless RTD has given prior written approval to the Contractor for the delay or postponement of payment(s): (1) withhold payments to the Contractor; (2) assess sanctions against the Contractor; (3) assess the subcontractor’s indirect or consequential damages against the Contractor; (4) disqualify the Contractor from future bidding on RTD contracts as non-responsible; (5) enforce the payment bond against the Contractor; (6) pay the subcontractor(s) directly and deduct this amount from any retainage owed to the Contractor; (7) provide notice of default to the Contractor, stating the potential for termination or suspension of the Contract, in whole or in part; (8) issue a stop-work order until the subcontractor(s) is paid, which order shall constitute an unauthorized delay under this purchase order that could result in liquidated damages against the Contractor; and (iv) it shall ensure that tiered subcontractors comply with this Article and that they insert provisions (i) and (ii) of this Article into all lower-tiered subcontractor agreements.

    On a monthly basis, Contractor shall submit a report of its payments to its SBE or DBE subcontractors using RTD’s Diversity and Compliance solution, B2GNow. The Contractor shall ensure that its SBE or DBE subcontractors at every tier also report monthly payments made or received through B2GNow. All payments made will be entered in B2GNow by or before the 5th of every month. If Contractor has issues accessing B2GNow, Contractor must immediately request support from the B2GNow support line and notify by email the RTD Small Business Opportunity Office designated compliance officer for the contract. RTD’s Diversity and Compliance Solution (B2GNow) can be accessed at https://rtd-denver.gob2g.com/.

  16. HOLD HARMLESS. Contractor agrees to defend, indemnify, and hold harmless RTD, its directors, managers, employees, agents and assigns from and against any and all claims, suits, demands, damages, liabilities, settlements, and court awards including costs, expenses, and reasonable attorneys’ fees, to the extent such claims are caused, in whole or in part, by any act or omission, or breach of contract by, the Contractor, its employees, agents, subcontractors or assignees arising from, related to, in connection with, or in any way involving the good and/or services procured under this purchase order, but not to the extent such claims are caused solely by any act or omission by RTD, its directors, managers, employees, agents, or other contractors or assignees.

  17. INSURANCE. Unless otherwise agreed and specifically stated in the RFQ or purchase order, this article applies to Contractor for this purchase order. Contractor shall maintain insurance coverages as specified in the RFQ or purchase order, if any, and shall provide proof of such coverage to RTD prior to commencing work or performance under this purchase order. If no coverages are specified in the RFQ or purchase order, Contractor shall maintain all necessary insurance coverages for the work to be provided under this purchase order, including the following coverages with the accompanying limits: Comprehensive general liability coverage at $1,000,000 per occurrence and $2,000,000 aggregate; and workers’ compensation coverage at $1,000,000 for bodily injury by accident, bodily injury by disease, and policy limit.

  18. COLORADO GOVERNMENTAL IMMUNITY ACT. Notwithstanding any other provision of this purchase order, no term or condition of this purchase order shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended.

  19. NOTICE OF CLAIM OR ACTION FILED. The Contractor shall give RTD through the Contracts and Procurement Manager immediate notice of any suit or action filed or prompt notice of any claim made against the Contractor arising out of or that may affect Contractor’s performance of this purchase order. The Contractor shall furnish immediately to the Contracts and Procurement Manager copies of all pertinent papers received by the Contractor. If the claim arises out of Contractor’s performance of this purchase order and the amount of the liability claimed exceeds the amount of insurance coverage required by this purchase order, the Contractor shall authorize representatives of RTD to collaborate with counsel for the insurance carrier, if any, in settling or defending such claim.

  20. TERMINATION FOR DEFAULT. RTD’s General Manager, or his or her delegate, may, by written notice to Contractor, terminate this purchase order, in whole or in part, for failure of Contractor to comply with any of the provisions of this purchase order. In such event, Contractor shall be liable for damages, including the excess cost to RTD of procuring replacement goods and/or services, provided that if it is determined for any reason that Contractor was not in default or, Contractor’s failure to perform is beyond its control, fault, or negligence, the termination shall be deemed to be a termination for convenience under the Article titled “Termination for Convenience.” In the event of termination for default, the Contractor shall be compensated solely for work satisfactorily performed prior to the effective date of termination.

  21. TERMINATION FOR CONVENIENCE. RTD’s General Manager, or his or her delegate, may, by written notice to Contractor, terminate this purchase order, in whole or in part, at any time when it is in the best interest of RTD. If this purchase order is so terminated, Contractor shall be compensated solely for goods inspected, accepted and not subsequently rejected for nonconformity by RTD. If and to the extent that this purchase order is for services and is so terminated, RTD shall be liable only for payment for services rendered to the satisfaction of RTD prior to the effective date of termination. The Contractor shall have no right to recover lost profits on the balance of the work or any other measure of damages.

  22. APPROPRIATIONS. All obligations of RTD under this purchase order that require funding are subject to prior annual appropriations of monies expressly made by the Board of Directors of RTD for the purposes of this purchase order. Nothing in this purchase order shall be construed by either the Contractor or RTD as a multiple fiscal year obligation as described by Article X, Section 20 of the Colorado Constitution. If funding is not appropriated by the Board of Directors, RTD may terminate or modify this purchase order as required. Additional funding to this purchase order will be accomplished by a written amendment. No legal liability on the part of RTD for any payment may arise for performance under this purchase order beyond the current funding year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability. If this purchase order is funded in whole or in part with federal funds, then this purchase order is subject to the continuing availability of federal funds for the purpose of this purchase order.

  23. DISPUTES. Except as otherwise provided in this purchase order and/or in any attachments to this purchase order, any dispute arising under this purchase order concerning a question of fact that is not disposed of by agreement shall be decided by RTD’s General Manager, or his or her delegate. Contractor will be notified of the decision in writing. To the extent allowable by law, any such decision shall be final, conclusive, and not subject to judicial review unless shown to be fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith.

  24. REMEDIES. Each of the rights and remedies reserved by RTD in this purchase order shall be cumulative and additional to any other or further remedies provided in law or equity or in this purchase order. A waiver by RTD of a breach of any provision of this purchase order shall not constitute a waiver of any other breach of the same or another provision of this purchase order. Any delay or failure to exercise a privilege, power, or right under the terms of this purchase order, whether explicit or through a lack of enforcement, shall not constitute a waiver any such privilege, power, or right under this purchase order.

  25. OFFICIALS AND EMPLOYEES NOT TO BENEFIT. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this purchase order or to any benefit arising from it. No employee of RTD or any member of its governing body shall have any personal or financial interest, direct or indirect, in this purchase order, or any contract executed subsequently in connection with this purchase order, during his or her respective tenure or for one year thereafter. No director, officer, employee, or agent of RTD shall be interested in any contract or transaction with RTD except in his or her official representative capacity.

  26. GRATUITIES. No gratuities (in the form of entertainment, gifts, or otherwise) may be offered to any employee of RTD or any member of its governing body with the intent to obtain favorable treatment under any contract or transaction with RTD. Upon violation of this Article, RTD may, by written notice to Contractor, terminate for default this purchase order and any other purchase order or contract that Contractor has with RTD. In addition, the Contractor may be permanently barred from participating in future purchase orders or contracts with RTD.

  27. ASSIGNMENT/SUBCONTRACTORS. Contractor shall not assign rights or delegate duties under this purchase order (or subcontract any part of the performance required) without the express, prior written consent of RTD. This provision shall not prohibit assignments of the right to payment to the extent permitted by law, provided that RTD receives written notice of assignment adequate to identify the rights assigned. Such assignment shall not be valid until RTD receives the required notice, and Contractor assumes this risk. All approved subcontracts shall be subject to all provisions of this purchase order.

  28. LAWS GOVERNING; JURISDICTION AND VENUE. This purchase order shall be construed pursuant to the laws of the State of Colorado. Jurisdiction and venue for all disputes under this purchase order shall be in the District or County Court in Denver, Colorado.

  29. DBE/SBE UTILIZATION. Contractor shall cooperate with RTD with regard to maximum utilization of disadvantaged or small business enterprises and shall use its best efforts to ensure that disadvantaged or small business enterprises shall have the maximum practicable opportunity to compete for subcontract work, if any, under this purchase order.

  30. INDEPENDENT CONTRACTOR. The relationship of Contractor to RTD shall be that of an independent contractor and nothing in this purchase order shall be construed as creating any employer/employee, agency, or other relationship of any kind with Contractor or its employees.

  31. COMPLIANCE WITH LAWS. Contractor agrees that all goods and/or services supplied in the performance of this purchase order shall fully comply with all applicable federal, state, or local laws, rules, regulations, or ordinances. Contractor shall, if requested by RTD, supply certification and evidence of such compliance.Contractor shall comply with all applicable local, state and federal laws, rules, and regulations, and shall obtain all permits required for any of the work to be performed under this purchase order. Contractor shall comply with any labor agreements executed by RTD applicable to the work to be performed under this purchase order, copies of which agreements may be obtained from RTD upon written request. RTD may require Contractor to remove from service or from RTD property any employee, agent, or representative of Contractor or any of its subcontractors that are not qualified to perform work under this purchase order.

  32. NONDISCRIMINATION. In connection with this purchase order and in accordance with applicable state and federal law, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, Contractor agrees to comply with applicable state and federal implementing regulations.

  33. BACKGROUND CHECKS. (This Article applies to purchase orders for services only.) Contractor shall conduct background investigations on all Contractor employees who will receive access control badges providing access to RTD facilities. Contractor shall be primarily responsible for conducting and examining such background investigations, provided that Contractor’s background investigation shall, at minimum, include a Colorado Bureau of Investigation Criminal History Check covering the previous seven years, an examination of the employee’s employment history covering the previous ten years, and, where appropriate, a complete Colorado Motor Vehicle Driver’s history. Contractor shall evaluate background information according to Contractor’s own policies and procedures. Any documentation concerning the background investigations shall be maintained as confidential by the Contractor but shall be made available for inspection by RTD on three days’ notice. In all cases where Contractor employees receive access control badges, it shall be the responsibility of the Contractor to return the badges to RTD at the end of the assignment. Contractor shall pay a replacement fee for any access control badge that needs to be replaced. Prior to receiving any access control badges, Contractor shall be required to provide the name of each employee assigned to perform under this purchase order and a certification that Contractor has conducted background investigations for each of those employees. No work shall commence, and no access control badges will be issued until certification has been received by RTD. Any subsequent substitution of an employee shall require separate certification, which must be received before a new employee is provided an access control badge. Failure to provide certification or provision of false information under this Article is basis for termination of this purchase order. Each Contractor employee performing work under this purchase order must wear an access control badge when present at any RTD facility. For the purposes of this Article, Contractor’s employees include any agents and subcontractors assigned to perform services under this purchase order.

  34. SAFETY. The Contractor shall be responsible for safety related to all aspects of the work. The Contractor shall obtain all health, fire, and other relevant safety regulations, work practices, and procedures prescribed by law and by RTD and shall ensure that the Contractor’s employees and subcontractors’ employees are notified of, understand, and abide by them at all times. Unless otherwise agreed in this purchase order, and at no cost to RTD, the Contractor shall provide all required personal protective equipment and other equipment required for the safe performance of the work. If the Contractor fails to remedy any breach of this paragraph or fails to comply with any safety directive of RTD immediately after receipt of written notice, RTD may enter the work site and effect such measures as may be necessary to secure compliance, in addition to any other remedies provided to RTD by this purchase order. RTD shall have the right to deduct from any payment due to the Contractor an amount sufficient to reimburse RTD for securing such compliance.

    The Contractor shall promptly report all accidents, safety incidents, injuries, and environmental incidents to RTD and to government authorities as required by law.

    At any reasonable time, RTD may inspect a work site and appropriate records regarding the Contractor’s safety procedures and statistics to ascertain compliance with the safety requirements of this purchase order. Neither the existence nor exercise of such right by RTD shall relieve the Contractor of its responsibility for compliance with, and for monitoring compliance by the Contractor and its subcontractors with, the safety requirements of this purchase order.

    The Contractor shall stop work when an imminent hazard to persons, property, or the environment is identified and shall immediately notify RTD that work has stopped, providing the reasons for stopping the work and an estimate of when the work will resume. The Contractor shall take all appropriate measures to abate the imminent hazard and limit the duration of the stoppage of work. The Contractor shall coordinate efforts with RTD to mitigate the effect of the stoppage of work.

    The Contractor shall ensure all of its employees and subcontractors’ employees understand their right to stop work at any time they feel there is an unsafe condition or unsafe behavior in place that could harm them, others, property, or the environment. The work shall not resume until all appropriate measures to abate the hazards have been implemented.

    Notwithstanding any other provision of this purchase order, RTD has the right to immediately suspend the performance of the work if RTD, in its sole judgment, determines that any employee of the Contractor or subcontractors is failing to comply with RTD safety requirements or applicable safety laws and regulations while performing the work, or if the safety of RTD employees or patrons is at risk or RTD operations are at risk. The suspension will continue until RTD notifies the Contractor that the suspension is lifted. The Contractor acknowledges that RTD has no obligation to lift the suspension until RTD is satisfied that the Contractor will comply with the requirements of this purchase order. RTD shall not be liable for any delays in the completion of the work that result from an RTD suspension under this paragraph.

  35. HEADINGS. The headings of these terms and conditions are for reference purposes only and are not restrictive as to content.

  36. SEVERABILITY. If any part, term, or provision of this purchase order is held by a court to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of Contractor and RTD shall be construed and enforced as if this purchase order did not contain the particular part, term, or provision held to be invalid.

  37. ENTIRE AGREEMENT; MODIFICATIONS. This purchase order (and any related purchase or service agreement for which this purchase order is an attachment) constitutes the entire agreement for sale and purchase of the goods and/or services identified in this purchase order and is expressly limited to and made conditional upon Contractor’s acceptance of all terms and conditions. Any additional or different terms and conditions contained in any prior quotation or that may be contained in any acknowledgment of this purchase order shall be deemed objected to by RTD without further notice of objection and shall be of no effect nor under any circumstances be binding upon RTD. The terms of this purchase order cannot be changed or qualified except in writing by RTD’s General Manager or his or her delegate.

  38. ELECTRONIC SIGNATURES. This purchase order may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed versions of an original signature, electronically scanned and transmitted versions of an original signature, and digital signatures.

  39. SURVIVAL OF PURCHASE ORDER TERMS. Any provision of this purchase order that imposes an obligation on a party after termination or expiration of this purchase order shall survive termination or expiration of this purchase order and shall be enforceable by the other party.


Revision Date: 04.03.2025

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