HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2014-12-18; TRAN1158TERMS 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-18 -10 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135188
SHIP TO:ADMINISTRATION MAIL INVOICE IN DUPLICATE TO:
CARLSBAD CITY LIBRARY
1775 DOVE LANE
CITY OF CARLSBAD
ATTN: ACCOUNTS PAYABLE
CARLSBAD, CA 92009-4048
1635 FARADAY AVENUE
CARLSBAD, CA 92008 -7314
VENDOR:ASCAP
ACCOUNT SERVICES ACCEPTANCE OF THIS ORDER IS EXPRESSLY
P 0 BOX 331608 -7515 LIMITED TO THE TERMS AND CONDITIONS
NASHVILLE, TN 37203 -9998 HEREIN AND ON THE REVERSE SIDE.
PAYMENT TERMS ARE NET 30.
ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER:
01/04/2018 V001593 LIBADM R53240 DEBBIE JO MCCOOL
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 EA ASCAP ANNUAL LICENSE FOR MUSIC -L&CA 742.00 742.00
1.00 EA ASCAP ANNUAL LICENSE FOR MUSIC -P&R (LICENSE PERIOD 371.00 371.00
1/1/2018 TO 12/31/2018)
Tax 0.00
PO Total 1,113.00
P135188; ASCAP; 1/4/2018
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-18 -15 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135189
SHIP TO:CMWD/ADMINISTRATION MAIL INVOICE IN DUPLICATE TO:
CITY OF CARLSBAD
5950 EL CAMINO REAL
CITY OF CARLSBAD
ATTN: ACCOUNTS PAYABLE
CARLSBAD, CA 92008
1635 FARADAY AVENUE
CARLSBAD, CA 92008 -7314
VENDOR:STATE WATER RESOURCES CNTRL BD
SWRCB ACCOUNTING OFFICE ACCEPTANCE OF THIS ORDER IS EXPRESSLY
PO BOX 1888 LIMITED TO THE TERMS AND CONDITIONS
SACRAMENTO, CA 95812 -1888 HEREIN AND ON THE REVERSE SIDE.
PAYMENT TERMS ARE NET 30.
ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER:
01/04/2018 V944212 CMWDADM R53251 Ligeia Heagy
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 Invoice LW-1015628 Community Water System 6,000.00 6,000.00
System No.: 3710005
Water System Fees
Connections 0 -1,000
1.00 Invoice LW-1015628 Community Water System 14,000.00 14,000.00
System No.: 3710005
Water System Fees
Connections 1,001 to 5,000
1.00 Invoice LW-1015628 Community Water System 20,000.00 20,000.00
System No.: 3710005
Water System Fees
Connections 5,001 to 15,000
1.00 Invoice LW-1015628 Community Water System 17,293.50 17,293.50
System No.: 3710005
Water System Fees
Connections 15,001+
Tax 0.00
PO Total 57,293.50
P135189; STATE WATER RESOURCES CNTRL BD; 1/4/2018
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-18 -8 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135190
SHIP TO:TRANSPORTATION DEPT. MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO:
CITY OF CARLSBAD
405 OAK AVENUE
CITY OF CARLSBAD
ATTN: ACCOUNTS PAYABLE
CARLSBAD, CA 92008-3009
1635 FARADAY AVENUE
CARLSBAD, CA 92008 -7314
VENDOR:AIR QUALITY COMPLIANCE
DBA: RELY ENVIRONMENTAL ACCEPTANCE OF THIS ORDER IS EXPRESSLY
3276 ROSECRANS ST., STE 201 LIMITED TO THE TERMS AND CONDITIONS
SAN DIEGO, CA 92110 HEREIN AND ON THE REVERSE SIDE.
PAYMENT TERMS ARE NET 30.
ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER:
01/04/2018 V019484 (619) 865 -6263 TRANSOAK R53245 Brian Bacardi
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 EA Agreement dated 12/18/2017 for environmental compliance 20,700.00 20,700.00
management services GS1647 for a period of 1 year with
4 allowable extensions at 1 year each at not to exceed
$20,700.00 per agreement year
Tax 0.00
PO Total 20,700.00
P135190; AIR QUALITY COMPLIANCE; 1/4/2018
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: A13C2A3C-6581-4D47-B5BF-063709A89B6D
1/4/2018
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: A13C2A3C-6581-4D47-B5BF-063709A89B6D
City of Carlsbad PURCHASE ORDER NUMBER:
PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC)
POF-18 -19 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135191
SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION 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:PAL GENERAL ENGINEERING INC
5374 EASTGATE MALL ACCEPTANCE OF THIS ORDER IS EXPRESSLY
SAN DIEGO, CA 92121 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:
01/04/2018 V020129 (858) 638 -7102 TRANSCMI R53266 JENNIFER GOWEN
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 OPEN PO FOR AWARD OF PROJECT NO. 6013 -17, 2017 CONCRETE 166,309.00 166,309.00
REPLACEMENT
Tax 0.00
PO Total 166,309.00
P135191; PAL GENERAL ENGINEERING INC; 1/4/2018
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: 7CFCCE62-A5B9-40EE-94C2-DB0A63F72DEC
1/4/2018
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: 7CFCCE62-A5B9-40EE-94C2-DB0A63F72DEC
City of Carlsbad PURCHASE ORDER NUMBER:
PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC)
POF-17 -1967 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135192
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:AVI SYSTEMS
7270 TRADE ST., SUITE 102 ACCEPTANCE OF THIS ORDER IS EXPRESSLY
SAN DIEGO, CA 92121 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:
01/04/2018 V017016 (858) 268 -1100 IT R53209 JESSICA PADDILLA-BOWEN
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 EA AGREEMENT FOR CITY COUNCIL -BROADCAST AUDIO EQUIPMENT 4,915.97 4,915.97
AND INTEGRATIONSERVICES DATED DEC. 20, 2017
Tax 0.00
PO Total 4,915.97
P135192; AVI SYSTEMS; 1/4/2018
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: C6D60D2E-C2B1-4544-A3EA-C4BB2A85599B
1/4/2018
DocuSign Envelope ID: 09545295-FECB-44D6-A5A3-C030D8CED79C
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: C6D60D2E-C2B1-4544-A3EA-C4BB2A85599BDocuSign Envelope ID: 09545295-FECB-44D6-A5A3-C030D8CED79C
City of Carlsbad PURCHASE ORDER NUMBER:
PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC)
POF-18 -21 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135193
SHIP TO:PW ENVIRONMENTAL MANAGEMENT DIV.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: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:
01/04/2018 V021290 ENVMGT R53264 AVECITA JONES
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 JOB TO DESIGN 3 DIFFERENT RECYCLING STICKERS 782.84 782.84
1.00 EA TO PRINT AND DELIVER 5,000 OF EACH OF 3 RECYCLING 10,650.00 10,650.00
STICKER DESIGNS FOR A TOTAL OF 15,000 STICKERS.
AS PER QUOTE DATED 01 -03 -2018
Tax 825.38
PO Total 12,258.22
P135193; ZUZA; 1/4/2018
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: BBB1F287-15A0-491E-897F-FE7A411C4C5A
1/4/2018
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: BBB1F287-15A0-491E-897F-FE7A411C4C5A
City of Carlsbad PURCHASE ORDER NUMBER:
PURCHASEORDER (NUMBER TO APPEAR ON INVOICES, PACKING SLIPS, ETC)
POF-18 -41 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P135194
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:ERGONOMIC SOLUTIONS INC.
DBA: PACIFIC ERGONOMICS ACCEPTANCE OF THIS ORDER IS EXPRESSLY
10211 PACIFIC MESA BLVD, STE 404 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:
01/16/2018 V025821 MGR R53295 SHEILA COBIAN
QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE
PER ESTIMATE #Q38309 DATED 1/4/2018
2.00 EA MV -MMCFOHB48 -H3S MAVERICK OVERHEAD CABINET 582.00 1,164.00
1.00 EA SHIPPING CHARGES FROM MANUFACTURER 125.00 125.00
1.00 EA INSTALLATION/LABOR 325.00 325.00
Tax 90.21
PO Total 1,704.21
P135194; ERGONOMIC SOLUTIONS INC.; 1/16/2018
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: D2BE622A-BC6D-4314-BB7B-EC508B28FCB8
1/16/2018
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: D2BE622A-BC6D-4314-BB7B-EC508B28FCB8
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: 1896E1CD-A643-47ED-867A-4A9DC429B3F8