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HomeMy WebLinkAboutBear Electrical Solutions Inc; 2020-03-03; PWM20-1048TRANCity of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC) POP-17-493 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133881 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:VOLVO CONSTRUCTION EQUIPMENT AND SERVICES ACCEPTANCE OF THIS ORDER IS EXPRESSLY 312 VOLVO WAY LIMITED TO THE TERMS AND CONDITIONS SHIPPENSBURG, PA 17257 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 05/01/2017 V026834 (619) 441 -3690 CSDFLE R51191 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2017 VOLVO DD25B DOUBLE DRUM ROLLER 32,305.00 32,305.00 BUILT TO SPECIFICATIONS ON ATTACHED QUOTE 1.00 VOLVO CONSTRUCTION EQUIPMENT AND SERVICES TO PROVIDE 0.00 0.00 ALL DOCUMENTS REQUIRED TO REGISTER THE VEHICLE WITH THE DMV (APPLICATION FOR REGISTRATION OF NEW VEHICLE TO BE COMPLETED AND SIGNED BOTH FRONT AND BACK) **OR CERTIFICATE OF MANUFACTURE** THE CITY OF CARLSBAD WILL COMPLETE THE REGISTRATION TRANSACTION WITH THE DMV Tax 2,503.64 PO Total 34,808.64 P133881; VOLVO CONSTRUCTION EQUIPMENT; 5/1/2017 General Industrial Safety Order 5194 requires Material Safety Data To conform with I.R.S. regulations your Social Security Number or Sheets (MSDS) be supplied, for applicable items, with the initial order.Federal Tax I.D. Number must be included on your invoice. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 PURCHASING OFFICER (760) 602 -2460 (760) 602 -8556 FAX THIS ORDER IS VOID WITHOUT AUTHORIZED SIGNATURE. DocuSign Envelope ID: 0908B252-20D9-41D2-856C-DCC102B9E139 5/1/2017 TERMS AND CONDITIONS 1.THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES, ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 48 HOURS OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2.ALL ARTWORK, SPECIFICATIONS, TOOLS, EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER'S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3.VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4.FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5.REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER,IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDORS EXPENSE WITHIN A REASONABLE LENGTH OF TIME.SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORIZATION FROM BUYER. 6.RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.B. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVERED BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7.CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO FINAL DELIVERY AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER,IN ANY OF THE FOLLOWING:APPLICABLE DRAWINGS, DESIGNS, OR SPECIFICATIONS, METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE, AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CHANGE.FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER As CHANGED. 8.BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR'S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR,IN BUYER'S JUDGMENT,IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9.IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FORTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FOR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY'S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIDES WHICH MAY BE OWING TO THE VENDOR. 10.VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AND CALIFORNIA LAWS, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735.IN ADDITION, THE CONTRACTOR AGREES THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB CONTRACTORS EMPLOYED. 11.VENDOR SHALL GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12.THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE UNIFORM COMMERCIAL CODE AND THE PUBLIC CONTRACT CODE. 13.IN THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER. DocuSign Envelope ID: 0908B252-20D9-41D2-856C-DCC102B9E139 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC) POF-17 -566 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133882 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008-8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:FIRST CITIZENS BANK ESCROW #001064467165. PROJ 4603 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 360 W. GRAND AVENUE LIMITED TO THE TERMS AND CONDITIONS ESCONDIDO, CA 92025 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 05/08/2017 V026850 (760) 233 -2265 TRANSCMI R51281 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO TO BANK FOR ESCROW ACCOUNT FOR BARNHART-REESE 423,061.20 423,061.20 CONSTRUCTION, INC. ON PROJECT NO. 4603, PINE AVENUE PARK COMMUNITY CENTER AND GANDENS PROJECT. ESCROW #001064467165. Tax 0.00 PO Total 423,061.20 P133882; FIRST CITIZENS BANK; 5/8/2017 General Industrial Safety Order 5194 requires Material Safety Data To conform with I.R.S. regulations your Social Security Number or Sheets (MSDS) be supplied, for applicable items, with the initial order.Federal Tax I.D. Number must be included on your invoice. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 PURCHASING OFFICER (760) 602 -2460 (760) 602 -8556 FAX THIS ORDER IS VOID WITHOUT AUTHORIZED SIGNATURE. DocuSign Envelope ID: B9AD33FE-4DDB-47E0-ACF3-862260F6FE60 5/8/2017 TERMS AND CONDITIONS 1.THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES, ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 48 HOURS OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2.ALL ARTWORK, SPECIFICATIONS, TOOLS, EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER'S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3.VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4.FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5.REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER,IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDORS EXPENSE WITHIN A REASONABLE LENGTH OF TIME.SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORIZATION FROM BUYER. 6.RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.B. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVERED BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7.CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO FINAL DELIVERY AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER,IN ANY OF THE FOLLOWING:APPLICABLE DRAWINGS, DESIGNS, OR SPECIFICATIONS, METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE, AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CHANGE.FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER As CHANGED. 8.BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR'S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR,IN BUYER'S JUDGMENT,IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9.IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FORTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FOR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY'S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIDES WHICH MAY BE OWING TO THE VENDOR. 10.VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AND CALIFORNIA LAWS, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735.IN ADDITION, THE CONTRACTOR AGREES THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB CONTRACTORS EMPLOYED. 11.VENDOR SHALL GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12.THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE UNIFORM COMMERCIAL CODE AND THE PUBLIC CONTRACT CODE. 13.IN THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER. DocuSign Envelope ID: B9AD33FE-4DDB-47E0-ACF3-862260F6FE60 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC) POF-17 -620 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133883 SHIP TO:CITY MANAGER MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CALIFORNIA STRATEGIES LLC U.S. BANK PLAZA ACCEPTANCE OF THIS ORDER IS EXPRESSLY 980 NINTH ST., STE 2000 LIMITED TO THE TERMS AND CONDITIONS SACRAMENTO, CA 95814 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 05/08/2017 V024472 (916) 266 -4580 MGR R51354 JASON HABER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA STRATEGIC CONSULTING AND ADVOCACY SERVICES 20,000.00 20,000.00 PER CONTRACT DATED 4/18/2017 NOT TO EXCEED $100,000.00. Tax 0.00 PO Total 20,000.00 P133883; CALIFORNIA STRATEGIES LLC; 5/8/2017 General Industrial Safety Order 5194 requires Material Safety Data To conform with I.R.S. regulations your Social Security Number or Sheets (MSDS) be supplied, for applicable items, with the initial order.Federal Tax I.D. Number must be included on your invoice. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 PURCHASING OFFICER (760) 602 -2460 (760) 602 -8556 FAX THIS ORDER IS VOID WITHOUT AUTHORIZED SIGNATURE. DocuSign Envelope ID: 0A86EF2E-866C-4254-885C-4FD86D68C3D1 5/8/2017 TERMS AND CONDITIONS 1.THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES, ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 48 HOURS OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2.ALL ARTWORK, SPECIFICATIONS, TOOLS, EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER'S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3.VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4.FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5.REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER,IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDORS EXPENSE WITHIN A REASONABLE LENGTH OF TIME.SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORIZATION FROM BUYER. 6.RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.B. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVERED BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7.CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO FINAL DELIVERY AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER,IN ANY OF THE FOLLOWING:APPLICABLE DRAWINGS, DESIGNS, OR SPECIFICATIONS, METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE, AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CHANGE.FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER As CHANGED. 8.BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR'S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR,IN BUYER'S JUDGMENT,IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9.IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FORTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FOR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY'S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIDES WHICH MAY BE OWING TO THE VENDOR. 10.VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AND CALIFORNIA LAWS, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735.IN ADDITION, THE CONTRACTOR AGREES THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB CONTRACTORS EMPLOYED. 11.VENDOR SHALL GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12.THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE UNIFORM COMMERCIAL CODE AND THE PUBLIC CONTRACT CODE. 13.IN THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER. DocuSign Envelope ID: 0A86EF2E-866C-4254-885C-4FD86D68C3D1 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC) POF-17 -651 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133884 SHIP TO:CITY MANAGER MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ZUZA 2304 FARADAY AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92008 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 05/08/2017 V021290 MGR R51394 KRISTINA RAY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 24,464 MAY/JUNE 2017 CURRENTS NEWSLETTERS -MAIL 2,469.60 2,469.60 VERSION 1.00 EA 24,464 MAY/JUNE 2017 CURRENTS NEWSLETTERS -MAILING 865.20 865.20 SERVICE 1.00 EA 30,000 MAY/JUNE 2017 CURRENTS NEWSLETTERS -BILL 3,028.45 3,028.45 VERSION 1.00 EA 1,000 MAY/JUNE 2017 CURRENTS NEWSLETTERS 100.95 100.95 Tax 242.52 PO Total 6,706.72 P133884; ZUZA; 5/8/2017 General Industrial Safety Order 5194 requires Material Safety Data To conform with I.R.S. regulations your Social Security Number or Sheets (MSDS) be supplied, for applicable items, with the initial order.Federal Tax I.D. Number must be included on your invoice. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 PURCHASING OFFICER (760) 602 -2460 (760) 602 -8556 FAX THIS ORDER IS VOID WITHOUT AUTHORIZED SIGNATURE. TERMS AND CONDITIONS 1.THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES, ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 48 HOURS OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2.ALL ARTWORK, SPECIFICATIONS, TOOLS, EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER'S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3.VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4.FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5.REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER,IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDORS EXPENSE WITHIN A REASONABLE LENGTH OF TIME.SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORIZATION FROM BUYER. 6.RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.B. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVERED BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7.CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO FINAL DELIVERY AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER,IN ANY OF THE FOLLOWING:APPLICABLE DRAWINGS, DESIGNS, OR SPECIFICATIONS, METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE, AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CHANGE.FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER As CHANGED. 8.BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR'S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR,IN BUYER'S JUDGMENT,IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9.IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FORTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FOR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY'S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIDES WHICH MAY BE OWING TO THE VENDOR. 10.VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AND CALIFORNIA LAWS, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735.IN ADDITION, THE CONTRACTOR AGREES THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB CONTRACTORS EMPLOYED. 11.VENDOR SHALL GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12.THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE UNIFORM COMMERCIAL CODE AND THE PUBLIC CONTRACT CODE. 13.IN THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER. City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC) POF-17 -619 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133885 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008-7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:TECHNOLOGY INTEGRATION GROUP ATTN: RHONDA ROGERS ACCEPTANCE OF THIS ORDER IS EXPRESSLY 10240 FLANDERS CT LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92121 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 05/08/2017 V781000 (858) 566 -1900 IT R51353 GAINES/STROPES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QUOTE NO.152877-2 DATE: 05/01/2017 2.00 EA HP ELITEDISPLAY E232 MONITOR 177.21 354.42 1.00 EA EWASTE FEE 12.00 12.00 TICKET NO.IN -00030553 Tax 27.47 PO Total 393.89 P133885; TECHNOLOGY INTEGRATION GROUP; 5/8/2017 General Industrial Safety Order 5194 requires Material Safety Data To conform with I.R.S. regulations your Social Security Number or Sheets (MSDS) be supplied, for applicable items, with the initial order.Federal Tax I.D. Number must be included on your invoice. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 PURCHASING OFFICER (760) 602 -2460 (760) 602 -8556 FAX THIS ORDER IS VOID WITHOUT AUTHORIZED SIGNATURE. DocuSign Envelope ID: E73704CF-D28A-4186-82F1-EBFB5C3E9A20 5/8/2017 TERMS AND CONDITIONS 1.THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES, ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 48 HOURS OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2.ALL ARTWORK, SPECIFICATIONS, TOOLS, EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER'S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3.VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4.FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5.REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER,IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDORS EXPENSE WITHIN A REASONABLE LENGTH OF TIME.SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORIZATION FROM BUYER. 6.RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.B. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVERED BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7.CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO FINAL DELIVERY AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER,IN ANY OF THE FOLLOWING:APPLICABLE DRAWINGS, DESIGNS, OR SPECIFICATIONS, METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE, AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CHANGE.FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER As CHANGED. 8.BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR'S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR,IN BUYER'S JUDGMENT,IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9.IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FORTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FOR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY'S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIDES WHICH MAY BE OWING TO THE VENDOR. 10.VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AND CALIFORNIA LAWS, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735.IN ADDITION, THE CONTRACTOR AGREES THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB CONTRACTORS EMPLOYED. 11.VENDOR SHALL GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12.THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE UNIFORM COMMERCIAL CODE AND THE PUBLIC CONTRACT CODE. 13.IN THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER. DocuSign Envelope ID: E73704CF-D28A-4186-82F1-EBFB5C3E9A20 TERMS AND CONDITIONS 1.THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES, ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 48 HOURS OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2.ALL ARTWORK, SPECIFICATIONS, TOOLS, EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER'S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3.VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4.FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5.REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER,IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDORS EXPENSE WITHIN A REASONABLE LENGTH OF TIME.SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORIZATION FROM BUYER. 6.RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.B. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVERED BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7.CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO FINAL DELIVERY AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER,IN ANY OF THE FOLLOWING:APPLICABLE DRAWINGS, DESIGNS, OR SPECIFICATIONS, METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE, AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CHANGE.FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER As CHANGED. 8.BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR'S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR,IN BUYER'S JUDGMENT,IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9.IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FORTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FOR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY'S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIDES WHICH MAY BE OWING TO THE VENDOR. 10.VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AND CALIFORNIA LAWS, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735.IN ADDITION, THE CONTRACTOR AGREES THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB CONTRACTORS EMPLOYED. 11.VENDOR SHALL GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12.THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE UNIFORM COMMERCIAL CODE AND THE PUBLIC CONTRACT CODE. 13.IN THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER.