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HomeMy WebLinkAbout2025 Purchase Order1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for Immediate acceptance by the Seller. Unless promptly notified to the contrary, the City will assume the Seller accepts the order as written and will make delivery as specified on the document 2. ENTIRE AGREEMENT. All specifications, drawings and data submitted to the Seller with this order or the solicitation of this order are hereby Incorporated herein and made part hereof. This contract contains the entire agreement of the parties. No change in quantities, prices, specifications, terms, or shipping Instructions will be allowed except on written authority of the City Purchasing Department Any additional or different terms and conditions proposed by the Seller are objected to and hereby rejected unless specifically agreed to by the City. 3. INDEMNIFICATION. The Seller hereby agrees to Indemnify, save and held harmless the City from all claims, demands, liabilities and suits arising out of, because of, or due to the breach of the Agreement by the Seller, its agents or employees, or due to any act of occurrence of omission or commission of the Seller, its agents or employees. It Is specifically understood and agreed that this indemnification agreement does not cover or indemnify the City for its own negligence or breach of contrail. 4. MODIFICATION. The City may by written Omer make changes in the specifications, If such changes cause an Increase or decrease In the Seller's cost or in the time required for performance of Contract: (a) the Seller shall promptly notify the City and assert its claim for adjustment within fifteen (15) calendar days and (b) an equitable adjustment shall be made by the City and the Contrail modified accordingly. Nothing In this clause shall excuse the Seller from performing. 5. DEFAULT. Time Is of the essence of this contract and if delivery of acceptable items or rendering of services is not completed by the time specified by City, the City reserves the right without liability, in addition to Its other rights and remedies to terminate this contract by notice effective when received by the Seller, as to stated items not yet shipped or services not yet rendered, and to purchase substitute Items or services elsewhere and charge the Seller with any and all losses Incurred. 6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight collect without the City's written consent will not be accepted and will at Seller's risk and expense be returned to Seller. No charges will be allowed by the City for transportation, packing, cartage or container's unless otherwise authorized in the Purchase Order. 7. UNAVOIDABLE DELAY. If the Seller is delayed In the delivery of goods purchased under the Purchase Osier by a cause beyond itscontrol, Seller must Immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable extension of time. The City shall examine the request and determine If the Seller Is entitled to an extension. 8. QUANTITY. Quantities furnished in excess of those specified In the Purchase Order will not be accepted and will be held at Seller's risk and expense. 9. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the City's destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with Instructions, specifications, drawings, or data of Seller's warranty, (express or Implied). Rejected materials or equipment shall be removed by, or at the expense, of the Seller promptly after rejection. 10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms and this order, including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patentdefects in materials, workmanship and title and will be free from such defects In design. In addition, Seller warrants that said goods and services are suitable for, and will perform In accordance with, the purpose for which they are purchased, fabricated, manufactured and designed for such other purposes as expressly specified In this order. The City may return any nonconforming or defective Items to the Seller or require correction or replacement of the Item all the time the defect is discovered, all at the Sellers risk and expense. Acceptance shall not relieve the Seller of Its responsibility. Warranty is one (1) year from the date of delivery to the designated project site or as otherwise provided by Florida or other law. 11. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels, packages, and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their Intended purpose of said goods or services. Seller shall fumish "Material Safety Data Sheets" In compliance with the Florida Right To Know Law, Florida Statute Chapter 442. 12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend, with counsel of its own choosing, all suits and claims for infringement of any patent, copyright, or trademark rights and shall hold the City harmless from loss on account thereof. 13. INSURANCE. The Seller shall maintain insurance as specified or as otherwise required by the city. 14. PAYMENT. All payments will be made in accordance with the Florida Prompt Payment Act, provided for In the Florida Statutes as amended from time to time. 15. IDENTIFICATION. Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the face of this order otherwise payment of Seller's account may be delayed. The Purchase Order Number shall appear on all invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed In each box or package. 16. TERMINATION. Buyer may, at any time, terminate this order In whole or in part by written or telegraphic notice or verbal notice confirmed in writing. Upon termination for convenience of the Buyer: the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the property of the Buyer. If, however, termination Is occasioned by the Seller's breach or any condition hereof, including breach of warranty, or by Seller's delay, except due to circumstances beyond the Sellers control and without Seller's fault or negligence. Seller shall not be entitled to any claim or costs or to any profit and Buyer shall have against Seller all remedies provided by law and equity. 17. TAXES. The City is exempt from state and local taxes. Exemptions number is printed on the reverse side hereof. This Order shall serve as the exemption certificate. 18. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Florida. Rev 5-2025 JOINT SPECIAL EVENT AGREEMENT This AGREEMENT entered in this 14�th day of, February, 2022 between the CITY OF SEBASTIAN, a Florida Municipal Corporation (hereinafter called "CIT)r"), and the LIONS CLUB OF SEBASTIAN, Inc. (hereinafter called "LIONS"), provides that: WHEREAS, CITY has traditionally hosted a Fourth of July Festivity Celebration with a parade, concessions and fireworks along the City's Riverfront; and WHEREAS, LIONS and CITY desire that LIONS maintains the status of sponsor and organizer of the Celebration, and the parties hereby set forth the obligations and privileges of continuing this valued relationship. THEREFORE, IN AND FOR CONSIDERATION of mutual benefits and promises provided therein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the traditional Fourth of July Festivity Celebration for the years 2022 through 2027 as set forth herein. This agreement shall terminate on August 1, 2027: 2. LIONS, with the assistance of the City, shall organize and administer all activities and events for said Celebration, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, City of Sebastian Fire Marshall, Indian River County Fire Rescue and Indian River County Health Department. 3. The Celebration events shall. entail, at a minimum, fireworks display (see Paragraph 8 below), live musical entertainment, a festival in Riverview Park, and beer and/or wine sales in accordance with Section 561.422, Florida Statute. An operational plan must be annroved by the Citv Council with any additional events as is determined by the CITY, if any. Planning/organizational meetings shall commence in January of each year. 4. CITY shall further provide the City Manager with authority to open and close affected streets and rights -of -way during the course of festivities at his sole discretion. 5. CITY shall handle the organization, security and operation of the a of July Celebration parade. This shall include parade registration, road closures, and the oversight of the parade lineup. 6. Within sixty (60) days after conclusion of the Celebration, LIONS shall provide a final accounting in accordance with generally accepted practices. City shall reimburse LIONS up to $5,500 towards the costs of entertainment, administrative and miscellaneous expenses. Anything over 55,500 is LIONS responsibility to pay. 7. LIONS shall have the right to rent vendor booths in Riverview Park and, if needed the closed portion of Indian River Drive right-ol=way as part of the Celebration festival, and shall be entitled to all proceeds from said vendor activities. 8. CITY shall contract directly for the fireworks display, shall organize fund-raising, and otherwise have full financial responsibility for funding the fireworks display. 9. LIONS agree to indemnify, defend and hold CITY harmless from any and all claims of any nature, personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by LIONS', its agents, employees, patrons and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to 768.28, et seq., Florida Statues, or any other sovereign or governmental immunity. 10. The CITY agrees to indemnify, defend and hold LIONS harmless from all acts of gross negligence claims brought by employees or agents from CITY'S employees. agents or attendees, whatsoever arising from the exercise or obligations set forth hereunder. However, nothing in this agreement shall be construed as the CITY waiving its immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. AGREED to on the date first set forth above. ATTEST: ette Williams, MMC ity Clerk Approved as to form and legality Reliance by the City oC&eboptian CITY OF SEBASTIAN A Municipal Corporation Maul E. Carlisle City Manager LIONS CLUB OF SEBASTIAN, INC. t A President Print Name: K-F—I.S i t to e A S t ECK. r1r Sebastian Masonic Lodge No. 232 P.O. Box 780193 Sebastian, F132978-1093 July 24, 2025 Re: reimbursement for 2025 4" of July Festival Sebastian City Hall 1225 Main Street Sebastian, FL. 32958 Attn: Kenneth Gilmore Budget Director Antoine Van Meir Parks & Recreation To whom it may concern: 4 The Sebastian Masonic Lodge No. 232 humbly requests reimbursement for expenses paid for the 4t' of July in the name of the Sebastian Lions Club in the amount of $5500. Whereas the Sebastian Lions Club does not have the funds to lay out this money, and whereas the Sebastian Lions Club has contracted with the Masons to augment planning and any physical labor needed to run the festival, and whereas the Sebastian Masonic lodge No, 232 initially funds the event with $5500.00, I request the check be made out to the Sebastian Masonic Lodge No. 232. Yours truly, Norman Meyer MD 107 Wood Stork Way Sebastian, FL. 32958 -- — - Event Coordinator and membei of the Lions Club r Secretary and Past Master of the Masonic Lodge 125 JUL 28 AmIO:1f Budget 2025 4" of July Festival Band: Collins & Company $1200 Chemistry $1200 Kamoke $350 Staff Shirts $205.49 Souvenir Shirts $ 210.35 Beer Concession Insurance $555.50 Beer License $25 Advertising -Where The Shows Are $81.57 Chamber Dues $210 Under The Sun Promo $29 Total Print $14.75 Games & Prize Money- Karaoke Winners $70 Hula Hoop Prizes $75 Watermelons $52.39 Blow Up Balloons $22.50 IRC Fire Permit $30 City Of Sebastian Fire Marshall $60 Parking Monitors $1000 Water $75.50 Banner $81.57 Misc. Products- Tarps, Markers, Tape, etc. $45.94 Total 5594.56