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Home My WebLink AboutDaley Corporation; 1990-06-15; 3305TERMS 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 VENDOR'S 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 TFE 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-16-1817 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133141 SHIP TO:PARKS MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1166 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:THE PARK CATALOG 3550 NW BOCA RATON BLVD., STE B2 ACCEPTANCE OF THIS ORDER IS EXPRESSLY BOCA RATON, FL 33431 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 11/29/2016 V026447 (561) 620 -7878 CSDPAR R50266 KASIA TROJANOWSKA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA SINGLE SIDED SIGN CASE WITH DOUBLE SWINGING DOORS 1,036.00 1,036.00 329-1005-10966 1.00 EA FREIGHT 232.46 232.46 Tax 82.88 PO Total 1,351.34 P133141; THE PARK CATALOG; 11/29/2016 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: BB5789E6-4E0A-4FCF-8EE3-A48EDCC4A502 11/29/2016 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 VENDOR'S 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 TFE 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: BB5789E6-4E0A-4FCF-8EE3-A48EDCC4A502 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1815 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133142 SHIP TO:PARKS MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1166 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: 11/29/2016 V021290 CSDPAR R50264 KASIA TROJANOWSKA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 8.00 EA PAY ONLY PO FOR TRAIL MAPS PRINTED 577.00 4,616.00 Tax 369.28 PO Total 4,985.28 P133142; ZUZA;11/29/2016 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 VENDOR'S 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 TFE 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-16-1813 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133143 SHIP TO:PARKS MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1166 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:HABITAT RESTORATION SCIENCES 1217 DISTRIBUTION WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY VISTA, CA 92081 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 11/29/2016 V018393 (760) 479 -4210 CSDPAR R50262 JENNIE MARINOV QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA EROSION CONTROL GRADING ON ACCESS ROADS/TRAILS ON THE 4,950.00 4,950.00 SOUTH SIDE OF LAKE CALAVERA PRESERVE PER AGREEMENT PROPOSAL DATED 11.7.16 Tax 0.00 PO Total 4,950.00 P133143; HABITAT RESTORATION SCIENCES; 11/29/2016 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: ABC3D1D0-75DF-4BFB-8F8E-D3AC070AFC9C 11/29/2016 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 VENDOR'S 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 TFE 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: ABC3D1D0-75DF-4BFB-8F8E-D3AC070AFC9C City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1803 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133144 SHIP TO:UTILITIES DEPT. WAREHOUSE MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ITRON INC 2111 NORTH MOLTER ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY LIBERTY LAKE, WA 99019 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: 11/29/2016 V0909 (509) 891 -3355 UTILWAR R50244 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 240.00 EA Part #: ERW-1300-403.69.00 16,560.00 100W*, Encoder with Integral Connector and Integral Connectors for Leak Sensor 8 Antenna Tax 1,324.80 PO Total 17,884.80 P133144; ITRON INC; 11/29/2016 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: 5D87DAA2-973F-4513-9F74-971E33D37851 11/30/2016 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 VENDOR'S 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 TFE 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: 5D87DAA2-973F-4513-9F74-971E33D37851 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1806 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133145 SHIP TO:PW ENVIRONMENTAL MANAGEMENT DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:LOGO EXPRESSIONS INC ATTN: MARCY SINATRA ACCEPTANCE OF THIS ORDER IS EXPRESSLY 5840 EL CAMINO REAL, #115 LIMITED TO THE TERMS AND CONDITIONS CARLSBAD, CA 92008 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IN:REQUISITION #:REQUESTER: 11/29/2016 V006813 (760) 598 -9011 ENVMGT R50252 AVECITA JONES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1,000.EA FOR THE PURCHASE OF GSM LAMINATED PET TOTE BAGS PRODUCT 2.59 2,590.00 NUMBER EC012813, DIMENSIONS 12"X 8" X 13", BLUE COLOR 1.00 EA SET UP CHARGE -NEW ART 40.00 40.00 1,000.EA RUN CHARGE -SECOND SIDE IMPRING 0.40 400.00 1.00 EA ESTIMATED SHIPPING 200.00 200.00 Tax 242.40 PO Total 3,472.40 P133145; LOGO EXPRESSIONS INC; 11/29/2016 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: 117B422D-0082-4852-BA08-7E8A776E8177 11/29/2016 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 VENDOR'S 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 TFE 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: 117B422D-0082-4852-BA08-7E8A776E8177 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1808 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133146 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MCCAIN INC. 2365 OAK RIDGE WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY VISTA, CA 92081 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR tt:TELEPHONE it:SHIP TO ID#:REQUISITION #:REQUESTER: 11/29/2016 V002575 (760) 727 -8184 TRANS R50255 DOUG BILSE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 333L CABINET WITHOUT CONTROLLER OR PLUG -INS PER QUOTE 7,029.00 7,029.00 ikiP112216#2 TO REPLACE CABINET DAMAGED ON 11121/16 AT PALOMAR AIRPORT RD & PASEO DEL NORTE Tax 562.32 PO Total 7,591.32 P133146; MCCAIN INC.; 11/29/2016 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: F9E64CBB-79B1-4EB8-88F3-B3512281F710 11/30/2016 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 VENDOR'S 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 TFE 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: F9E64CBB-79B1-4EB8-88F3-B3512281F710 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1822 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133147 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:FARONICS TECHNOLOGIES USA INC 5506 SUNOL BLVD, STE 202 ACCEPTANCE OF THIS ORDER IS EXPRESSLY PLEASANTON, CA 94566 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: 11/29/2016 V009732 IT R50276 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE # 00096341 DATE: NOV 15, 2016 250.00 EA DEEP FREEZE ENT NA MAINTENANCE RENEWAL 1YR 100+8.00 2,000.00 START DATE: JAN 20, 2017 Tax 0.00 PO Total 2,000.00 P133147; FARONICS TECHNOLOGIES USA INC; 11/29/2016 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: C74D60D2-B3F6-469A-80CF-9ED541E0EA2A 11/29/2016 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 VENDOR'S 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 TFE 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: C74D60D2-B3F6-469A-80CF-9ED541E0EA2A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1821 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133148 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:1903 SOLUTIONS 6440 LUSK BLVD, D203 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: 11/29/2016 V022225 (734) 661 -3321 IT R50275 LISA VANTE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE TEGILE RENEWAL QUOTE#C0C4160930TEG1 DATE: SEPT 30, 2016 1.00 EA 1 YEAR TEGAIL HA2300 MAINTENANCE, NBD PARTS 7'24 CALL 5,480.00 5,480.00 SUPPORT 11 -21 -2016 THRU 11-20-2017 Tax 0.00 PO Total 5,480.00 P133148; 1903 SOLUTIONS; 11/29/2016 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: 757C4DDF-A67C-4D3C-A9E0-C03A7C45152B 11/30/2016 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 VENDOR'S 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 TFE 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: 757C4DDF-A67C-4D3C-A9E0-C03A7C45152B City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1819 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133149 SHIP TO:ADMINISTRATION MAIL INVOICE IN DUPLICATE TO: CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:BOMGAR CORPORATION PARAGON CENTER, SUITE 140 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 578 HIGHLAND COLONY PKWY LIMITED TO THE TERMS AND CONDITIONS RIDGELAND, MS 39157 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 11/29/2016 V025657 (770) 407 -1857 POLADM R50272 SEAN REESE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QUOTE #Q-17842-2 1.00 EA ANNUAL MAINTENANCE FOR B300V (1/1/17 -12/31/17)399.00 399.00 1.00 EA ANNUAL MAINTENANCE FOR BOMGAR LICENSE ('/1/17 -12/31/17)1,198.00 1,198.00 Tax 0.00 PO Total 1,597.00 P133149; BOMGAR CORPORATION; 11/29/2016 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: C32FC4CB-BCBA-4310-BC7E-0CC54D5CA03D 11/29/2016 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 VENDOR'S 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 TFE 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: C32FC4CB-BCBA-4310-BC7E-0CC54D5CA03D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1820 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133150 SHIP TO:TRANSPORTATION DEPT. MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:PATTERSON BROS LIGHTING INC P 0 BOX 2037 ACCEPTANCE OF THIS ORDER IS EXPRESSLY LAKESIDE, CA 92040 -2037 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR tt:TELEPHONE it:SHIP TO IBM REQUISITION #:REQUESTER: 11/29/2016 V0414 390 -3797 TRANSOAK R50274 BRYANT HILL QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB STREET LIGHT REPAIRS AT RANCHO SANTA FE & CAMINO 9,650.00 9,650.00 JUNIPERO, CANNON ROAD & FARADAY AVENUE, STATE STREET & CARLSBAD BLVD, TAMARACK AVENUE & JEFFERSON PER MINOR PW CONTRACT PWM17 -38GS DTD 11/28/16. Tax 0.00 PO Total 9,650.00 P133150; PATTERSON BROS LIGHTING INC; 11/29/2016 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: 731BA761-C7B3-4635-A9F5-E31F4EFDFFDE 11/30/2016 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 VENDOR'S 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 TFE 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: 731BA761-C7B3-4635-A9F5-E31F4EFDFFDE City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1824 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133151 SHIP TO:CMWD/ENGINEERING MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MISSION CONSULTING SERVICES 9418 MAST BLVD ACCEPTANCE OF THIS ORDER IS EXPRESSLY SANTEE, CA 92071 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR tt:TELEPHONE it:SHIP TO ID#:REQUISITION #:REQUESTER: 11/29/2016 V021220 (619) 851 -5178 CMWDENG R50278 Lindsey Stephenson/jb QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 11/29/16 for Master Plan 20,000.00 20,000.00 Implementation Services. Tax 0.00 PO Total 20,000.00 P133151; MISSION CONSULTING SERVICES; 11/29/2016 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: E9594EA8-4798-4AB2-A370-471E8E5A91C7DocuSign Envelope ID: 6ABFDA77-7430-48B7-ABFA-8C22231BEF10 11/30/2016 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 VENDOR'S 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 TFE 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: E9594EA8-4798-4AB2-A370-471E8E5A91C7DocuSign Envelope ID: 6ABFDA77-7430-48B7-ABFA-8C22231BEF10 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1823 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133152 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, 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 tt:TELEPHONE it:SHIP TO ID#:REQUISITION #:REQUESTER: 11/30/2016 V781000 (858) 566 -1900 IT R50277 ANDREA DYKES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 145317 -1 DATE: 11/17/2016 1.00 EA HP ELITEDISPLAY E232 MONITOR 177.21 177.21 1.00 EWASTE FEE 4.00 4.00 PLEASE NOTE TICKET NO.IN-00025532 AND PO # ON PACKING SLIP. Tax 14.18 PO Total 195.39 P133152; TECHNOLOGY INTEGRATION GROUP; 11/30/2016 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: 092CF74F-4545-454F-8D2B-F4305758ECF6 11/30/2016 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 VENDOR'S 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 TFE 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: 092CF74F-4545-454F-8D2B-F4305758ECF6 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1818 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133153 SHIP TO:COMMUNITY & ECONOMIC DEVELOPMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:BW RESEARCH PARTNERSHIP INC 2725 JEFFERSON STREET, STE 13 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: 11/30/2016 V015910 (760) 730 -9325 COMDEV R50270 LAUREEN RYAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA AGREEMENT FOR THE COMPLETION OF THE PLANNING DIVISION 14,000.00 14,000.00 CUSTOMER SATISFACTION SURVEY PER AGREEMENT DATED 11/11/16 Tax 0.00 PO Total 14,000.00 P133153; BW RESEARCH PARTNERSHIP INC; 11/30/2016 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: ACC11937-744D-466B-A586-FEB3831AC7CD 11/30/2016 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 VENDOR'S 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 TFE 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: ACC11937-744D-466B-A586-FEB3831AC7CD City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1826 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133154 SHIP TO:HOUSING & NEIGHBORHOOD SERVICES 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: 11/30/2016 V021290 HSG R50281 P CRESCENT! QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 600 FAST FACTS BOOKLETS 5,566.00 5,566.00 Tax 445.28 PO Total 6,011.28 P133154; ZUZA;11/30/2016 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 VENDOR'S 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 TFE 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-16-1827 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133155 SHIP TO:UTILITIES DEPT. WAREHOUSE MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ITRON INC 2111 NORTH MOLTER ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY LIBERTY LAKE, WA 99019 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: 11/30/2016 V0909 (509) 891 -3355 UTILWAR R50283 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 100.00 EA Part # CFG -0151 -010SS.12.00 1,200.00 Standard 5' Cable with In -Line Connector with 167" Protective Cover Diameter (Cable Armor installed) Tax 96.00 PO Total 1,296.00 P133155; ITRON INC; 11/30/2016 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: DAD0978F-681E-401F-B92E-830525A92F67 11/30/2016 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 VENDOR'S 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 TFE 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: DAD0978F-681E-401F-B92E-830525A92F67 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1825 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133156 SHIP TO:TRANSPORTATION DEPT. MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:T-MAN SAFETY SUPPLY 5640 KEARNY MESA RD., STE M ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92111 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR tt:TELEPHONE It:SHIP TO ID#:REQUISITION #:REQUESTER: 11/30/2016 V022537 (858) 576 -1412 TRANSOAK R50280 CLAYTON DOBBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 85.00 EA ITEM 21 -0005 CERAMIC 8" WHITE 2 WAY REFLECTIVE CERAMIC 36.00 3,060.00 MARKER 30.00 EA ITEM 21 -0005 CERAMIC 8" YELLOW 2 WAY REFLECTIVE CERAMIC 36.00 1,080.00 MARKER Tax 331.20 PO Total 4,471.20 P133156; T-MAN SAFETY SUPPLY; 11/30/2016 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: 28E4F664-D77F-4979-8290-B31371D471DD 11/30/2016 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 VENDOR'S 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 TFE 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: 28E4F664-D77F-4979-8290-B31371D471DD City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1830 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133157 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 1775 DOVE LANE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92011 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:KSDS PUBLIC RADIO SAN DIEGO CITY COLLEGE FOUNDATION ACCEPTANCE OF THIS ORDER IS EXPRESSLY 1313 PARK BLVD LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92101-4712 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 12/01/2016 V024923 (619) 388 -3037 LIBART R50290 Sandra Riggins QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 PERFORMANCE AGREEMENT FOR LIVE EVENT THIS IS JAZZ 4,831.00 4,831.00 Tax 0.00 PO Total 4,831.00 P133157; KSDS PUBLIC RADIO; 12/1/2016 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: 898F2BC9-C48A-4A6F-BD6E-50787D774B15 12/1/2016 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 VENDOR'S 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 TFE 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: 898F2BC9-C48A-4A6F-BD6E-50787D774B15 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1831 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133158 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:DIMENSION DATA NORTH AMERICA 11006 RUSHMORE DR., STE 300 ACCEPTANCE OF THIS ORDER IS EXPRESSLY CHARLOTTE, NC 28277 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: 12/01/2016 V025748 IT R50292 LISA VANTE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE CMAS #3-09-70-0163AE PER QUOTE 20734525 1.00 EA DIMENSION DATA NEXUS LEGACY CMAS FIXED CALCULATION 0.00 0.00 1.00 EA CISCO CATALYST 3850 12 PORT 10G FIBER 6,975.00 6,975.00 1.00 EA CISCO CAT3850 UNIVERSAL K9 IMAGE 0.00 0.00 1.00 EA CISCO NORTH AMERICA AC TYPE A POWER CABLE 0.00 0.00 1.00 EA CISCO 50CM TYPE 1 STACKING CABLE 0.00 0.00 1.00 EA CISCO CATALYST 3750X AND 3850 STACK POWER 0.00 0.00 1.00 EA CABLE 30 CM 0.00 0.00 1.00 EA CISCO 350W AC CONFIG 1 POWER SUPPLY 0.00 0.00 1.00 EA CISCO SNTC -8X5XNBD CISCO CATALYST 3850 12 PORT 10G 800.32 800.32 FIBER SW (MAINTENANCE PRICING IS BASED ON AN ANNUAL CONTRACT W/ AN ESTIMATED STARTE DATE OF 11/25/16. THIS CONTRACT COVERS 1 DEVICE AND IS FOR 1 YEAR.) Tax 558.00 PO Total 8,333.32 P133158; DIMENSION DATA NORTH AMERICA; 12/1/2016 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: 466BA4ED-EEF6-42A5-A618-A76B2F935BAF 12/1/2016 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 VENDOR'S 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 TFE 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: 466BA4ED-EEF6-42A5-A618-A76B2F935BAF City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1685 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133159 SHIP TO:COMMUNITY & ECONOMIC DEVELOPMENT 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:L + L PRINTERS CARLSBAD LLC 6200 YARROW DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92011 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: 12/01/2016 V015848 (760) 438 -3456 COMDEV R50269 SCOTT DONNELL QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 2017 HOUSING ELEMENT UPDATE BOOKS 1,565.00 1,565.00 Tax 125.20 PO Total 1,690.20 P133159; L +L PRINTERS CARLSBAD LLC; 12/1/2016 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: 4BB6A560-96B5-4E84-8212-DF8491CD1613 12/1/2016 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 VENDOR'S 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 TFE 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: 4BB6A560-96B5-4E84-8212-DF8491CD1613 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1834 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133160 SHIP TO:TRANSPORTATION DEPT. MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CHANG CONSULTANTS P.O. BOX 9496 ACCEPTANCE OF THIS ORDER IS EXPRESSLY RANCHO SANTA FE, CA 92067-4496 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/01/2016 V013126 (858) 692 -0760 TRANSOAK R50295 CLAYTON DOBBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB ORIGINAL AGREEMENT FOR ENGINEERING SERV CES PER 10,000.00 10,000.00 CONTRACT DATED 11/28/16 G51485 Tax 0.00 PO Total 10,000.00 P133160; CHANG CONSULTANTS; 12/1/2016 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: 6B33F76C-DE83-4409-84B4-87CA1C13D41D 12/1/2016 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 VENDOR'S 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 TFE 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: 6B33F76C-DE83-4409-84B4-87CA1C13D41D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1832 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133161 SHIP TO:PROPERTY & ENVIRONMENTAL MANAGEMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:WAXIE SANITARY SUPPLY 9353 WAXIE WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92123-1350 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/01/2016 V028900 (800) 544 -8054 PEM R50293 RICHARDSON/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PAYING ONLY PO FOR INVOICE #76353277 FOR THE PURCHASE 1,939.56 1,939.56 OF WIN ICAPSOL MINI DELUX INTERIM. Tax 155.16 PO Total 2,094.72 P133161; WAXIE SANITARY SUPPLY; 12/1/2016 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 VENDOR'S 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 TFE 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-16-1829 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133162 SHIP TO:PROPERTY & ENVIRONMENTAL MANAGEMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:S&J BUILDERS AND RESTORATION SERVICES INC. 10815 WHEATLANDS AVENUE, STE J ACCEPTANCE OF THIS ORDER IS EXPRESSLY SANTEE, CA 92071 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO 10#:REQUISITION #:REQUESTER: 12/01/2016 V026132 (619) 449 -0887 PEM R50287 FERRIS/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB MINOR PUBLIC WORKS CONTRACT FARADAY LOBBY DOOR 23,056.00 23,056.00 REPLACEMENT; CONT. NO. 4720. DATED NOVEMBER 28, 2016. PWM17-43GS Tax 0.00 PO Total 23,056.00 P133162; S&J BUILDERS AND RESTORATION SERVICES INC.; 12/1/2016 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: 14887476-AF6B-419C-893C-4B81B39EE4CC 12/1/2016 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 VENDOR'S 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 TFE 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: 14887476-AF6B-419C-893C-4B81B39EE4CC City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1835 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133163 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:STONEFACE INC. 33208 PASEO CERVESA, STE G ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN JUAN CAPISTRANO, CA 92675 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: 12/01/2016 V026233 (949) 481 -4499 TRANSOAK R50296 TONY ULLOA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB LETTER OF AGREEMENT FOR BOULDER REPLICATION PER 1,500.00 1,500.00 CONTRACT DATED 11/28/16 Tax 0.00 PO Total 1,500.00 P133163; STONEFACE INC.; 12/1/2016 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: 5ADC372B-45C7-4842-B65F-BFC857C7929B 12/1/2016 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 VENDOR'S 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 TFE 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: 5ADC372B-45C7-4842-B65F-BFC857C7929B City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1828 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133164 SHIP TO:PROPERTY & ENVIRONMENTAL MANAGEMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ERIC FOTIADI & ASSOCIATES 355 K STREET, STE N ACCEPTANCE OF THIS ORDER IS EXPRESSLY CHULA VISTA, CA 91911 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/01/2016 V024441 (619) 476 -2241 PEM R50284 RICHARDSON/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR ROOF 7,500.00 7,500.00 COVER OVER ACID TANK AT ALGA NORTE SWIM COMPLEX. DATED NOVEMBER 28, 2016. GS1492 Tax 0.00 PO Total 7,500.00 P133164; ERIC FOTIADI & ASSOCIATES; 12/1/2016 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: E673BEB7-3F1D-47C7-AE46-333AB625CD05 12/1/2016 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 VENDOR'S 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 TFE 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: E673BEB7-3F1D-47C7-AE46-333AB625CD05 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1839 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133165 SHIP TO:UTILITIES DEPT. WAREHOUSE MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:FERGUSON WATERWORKS 11909 TECH CENTER COURT ACCEPTANCE OF THIS ORDER IS EXPRESSLY POWAY, CA 92064 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/01/2016 V016714 (858) 391 -5958 UTILWAR R50299 Matt Jacobs QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA Item: SP-PVCAS1830TN.315.00 315.00 18X30 Poly AN Enclosure Tan 12.00 EA Item: JV4TW.28.00 336.00 #4 CI Lid WTR 1.00 EA Item: KSOFTG60.231.60 231.60 1X60 K Soft Cop Tube 3.00 EA Item: SP-J4TTBOX.36.50 109.50 J&R 4tt Valve Box 1.00 EA Item: CL02050SD.1,899.00 1,899.00 2050 BRZ SD HYD Tax 231.29 PO Total 3,122.39 P133165; FERGUSON WATERWORKS; 12/1/2016 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: 7AFFBB85-DAAD-4119-9DC7-668DAB4D0490 12/1/2016 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 VENDOR'S 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 TFE 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: 7AFFBB85-DAAD-4119-9DC7-668DAB4D0490 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1848 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133166 SHIP TO:ADMINISTRATION MAIL INVOICE IN DUPLICATE TO: CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:JNE POLYGRAPH 333 H STREET, STE 5000 ACCEPTANCE OF THIS ORDER IS EXPRESSLY CHULA VISTA, CA 91910 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: 12/05/2016 V026328 (619) 994 -4633 POLADM R50312 STEVE THOMAS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 8.00 EA POLYGRAPH EXAMS:300.00 2,400.00 JOHN HALL KEVIN LISSNER DAMON STEVENS AARON LOVELL ROSELIE ALVAREZ ERICA EVANS HOLLY MARTINEZ JONATHAN BURGH Tax 0.00 PO Total 2,400.00 P133166; JNE POLYGRAPH; 12/5/2016 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 VENDOR'S 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 TFE 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-16-1849 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133167 SHIP TO:ADMINISTRATION MAIL INVOICE IN DUPLICATE TO: CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MIRAMAR COLLEGE ACCOUNTING OFFICE K-205 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 10440 BLACK MOUNTAIN ROAD LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92126 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 12/05/2016 V013017 POLADM R50313 STEVE THOMAS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 EA 110TH REGIONAL POLICE ACADEMY—ESCOMIENCO, F. &690.00 1,380.00 HOUTMAN,H. Tax 0.00 PO Total 1,380.00 P133167; MIRAMAR COLLEGE; 12/5/2016 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 VENDOR'S 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 TFE 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-16-1845 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133168 SHIP TO:FIRE DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:EMSAR CALIFORNIA P.O. BOX 93052 ACCEPTANCE OF THIS ORDER IS EXPRESSLY PHOENIX, AZ 85070 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/05/2016 V013458 (916) 375 -8910 FIREADM R50308 MARY MURPHY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 PAY ONLY PO FOR GURNEY MATTRESSES -MODEL 28Z BLACK 1,764.00 1,764.00 1.00 FREIGHT 104.14 104.14 Tax 141.12 PO Total 2,009.26 P133168; EMSAR CALIFORNIA; 12/5/2016 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 VENDOR'S 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 TFE 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-16-1838 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133169 SHIP TO:MEDIA SERVICES MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 1775 DOVE LANE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92009-4048 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:THE ACOUSTIC SPOT 930 VIA MIL CUMBRES BOX 216 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SOLANA BEACH, CA 92075 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: 12/05/2016 V025883 (805) 729 -1354 LIBMED R50300 KEITH GEMMELL QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PERFORMANCE AGREEMENT FOR CONCERT EVENT CONCERT #3 FOR 1,200.00 1,200.00 2016 HOLIDAY CONCERT SERIES W/REBECCA JADE TRIO PER THE CONTRACT DATED 12/2/2016. Tax 0.00 PO Total 1,200.00 P133169; THE ACOUSTIC SPOT; 12/5/2016 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: F68E4ED1-FA83-4E16-94D2-0F071E58EA43 12/5/2016 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 VENDOR'S 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 TFE 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: F68E4ED1-FA83-4E16-94D2-0F071E58EA43 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1841 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133171 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:SAN DIEGO AUTO BODY & PAINT 722 ENTERPRISE STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY ESCONDIDO, CA 92029 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/05/2016 V019923 (760) 291 -0020 CSDFLE R50303 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 A408-REAR/QTR/EXHST REPAIRS-PARTS 2,412.00 2,412.00 1.00 A408-REAR/QTR/EXHST REPAIRS-LABOR 2,152.00 2,152.00 Tax 192.96 PO Total 4,756.96 P133171; SAN DIEGO AUTO BODY & PAINT; 12/5/2016 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 VENDOR'S 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 TFE 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-16-1847 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133172 SHIP TO:SAFETY TRAINING CENTER MAIL INVOICE IN DUPLICATE TO: C/O FLEET MAINTENANCE YARD CITY OF CARLSBAD CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 -7226 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ACTION TARGET P.O. BOX 636 ACCEPTANCE OF THIS ORDER IS EXPRESSLY PROVO, UT 84603 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/05/2016 V023035 (801) 377 -8096 TRNCTR R50310 KENNEDY/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB PAYING ONLY PO FOR THE PURCHASE OF(2) PAD MASTER 1,525.00 1,525.00 CONTROL PANELS FOR SMART RANGE AS PER QUOTE 98461 DATED 11-17 -2016. Tax 122.00 PO Total 1,647.00 P133172; ACTION TARGET; 12/5/2016 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 VENDOR'S 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 TFE 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-16-1836 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133173 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:JOE D. MOBILE INSTALLS 2365 GRAND FORKS RD.ACCEPTANCE OF THIS ORDER IS EXPRESSLY CHULA VISTA, CA 91915 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: 12/05/2016 V024062 (619) 708 -9720 CSDFLE R50297 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 3.00 5585 MINI LIGHT BAR-LED MINIBAR AMBER 299.00 897.00 12.00 9014C LED HIDEAWAY STROBES 94.99 1,139.88 3.00 ROCKER SWITCH WITH LED 19.99 59.97 1.00 SHIPPING 260.94 260.94 3.00 MISC. PARTS -SCREWS,NUTS & BOLTS,ELECTRICAL TAPES,BUTT 150.00 450.00 CONNECTORS AND ZIP TIES 48.00 LABOR-INSTALLED 6 HIDEAWAY LED STROBES 65.00 3,120.00 Tax 203.75 PO Total 6,131.54 P133173; JOE D. MOBILE INSTALLS; 12/5/2016 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: 7B2CD1B3-8F3D-4866-862E-FDD64F2098E4 12/8/2016 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 VENDOR'S 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 TFE 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: 7B2CD1B3-8F3D-4866-862E-FDD64F2098E4 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1840 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133174 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:NINYO & MOORE CORP. 5710 RUFFIN ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92123-1013 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/06/2016 V000521 (858) 576 -9600 TRANS R50301 DANIEL ZIMNY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB TASK #4 DATED 11/28/2016 FOR THE PALOMAR AIRPORT ROAD 7,400.00 7,400.00 INFILTRATION TESTING PROJECT GEOTECHNICAL SERVICES; AB #22,148 DATED 11/17/15 Tax 0.00 PO Total 7,400.00 P133174; NINYO & MOORE CORP.: 12/6/2016 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: A8F260C4-EDFD-41C6-B6AB-1D7EAAC3350F 12/8/2016 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 VENDOR'S 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 TFE 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: A8F260C4-EDFD-41C6-B6AB-1D7EAAC3350F City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1840 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133174 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:NINYO & MOORE CORP. 5710 RUFFIN ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92123-1013 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/06/2016 V000521 (858) 576 -9600 TRANS R50301 DANIEL ZIMNY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB TASK #4 DATED 11/28/2016 FOR THE PALOMAR AIRPORT ROAD 7,400.00 7,400.00 INFILTRATION TESTING PROJECT GEOTECHNICAL SERVICES; AB #22,148 DATED 11/17/15 Tax 0.00 PO Total 7,400.00 P133174; NINYO & MOORE CORP.: 12/6/2016 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 VENDOR'S 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 TFE 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-16-1809 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133175 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:DIMENSION DATA NORTH AMERICA 11006 RUSHMORE DR., STE 300 ACCEPTANCE OF THIS ORDER IS EXPRESSLY CHARLOTTE, NC 28277 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: 12/06/2016 V025748 IT R50256 BARBARA VAN REKOM QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE # 2073428 DATE; 10/28/82016 1.00 EA DIMENSION DATA NEXUS LEGACY CMAS FIXED CALCULATION 0.00 0.00 4.00 EA CISCO 32GB DDR4 -2400 MHZ RDIMM/PC4 -19200 495.00 1,980.00 6.00 EA CISCO 32GB DDR4 -2133 MHZ RDIMM/PC4 -1700 495.00 2,970.00 CMAS # 3-09-70-0163AE Tax 396.00 PO Total 5,346.00 P133175; DIMENSION DATA NORTH AMERICA; 12/6/2016 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: E903B7D6-F737-4947-8891-8C54B0B78856 12/8/2016 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 VENDOR'S 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 TFE 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: E903B7D6-F737-4947-8891-8C54B0B78856 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1855 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133176 SHIP TO:PARKS MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1166 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:GRAINGER INDUSTRIAL SUPPLY 1321 LINDA VISTA DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN MARCOS, CA 92069 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: 12/06/2016 V006936 CSDPAR R50321 RODNEY NISHIMOTO QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 6.00 EA HAND DRYER INTEGRAL BMC 2KJJ8 358.95 2,153.70 XLERATOR PER QUOTE 39602346 Tax 172.30 PO Total 2,326.00 P133176; GRAINGER INDUSTRIAL SUPPLY; 12/6/2016 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: 5E815CCB-F292-438A-BC90-95FC88702561 12/6/2016 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 VENDOR'S 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 TFE 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: 5E815CCB-F292-438A-BC90-95FC88702561 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1851 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133177 SHIP TO:UTILITIES DEPT. WAREHOUSE MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:NATIONAL METER & AUTOMATION INC. 3 FARADAY, SUITE A ACCEPTANCE OF THIS ORDER IS EXPRESSLY IRVINE, CA 92618 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: 12/06/2016 V024829 (303) 339 -9100 UTILWAR R50317 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA RCDL Compound Series Meter LL (NSF 61 -G) Round w/Test 1,925.25 1,925.25 Plug, per quote 072216LE-CC 1.00 EA External Plate Strainer, 3", LL Bronze (NSF 61 -G),511.00 511.00 Studs, Nuts & Gaskets included Tax 194.90 PO Total 2,631.15 P133177; NATIONAL METER & AUTOMATION INC.; 12/6/2016 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: A8D33968-73E6-4117-952F-4B3AF8DEDCB7 12/6/2016 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 VENDOR'S 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 TFE 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: A8D33968-73E6-4117-952F-4B3AF8DEDCB7 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1510 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133178 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:SEAGRAVE FIRE APPARATUS LLC 105 EAST 12TH STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY CLINTONVILLE, WI 54929 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: 12/06/2016 V105120 (715) 823 -2141 CSDFLE R49838 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 2017 SEAGRAVE CUSTOM PUMPER -642,846.00 1,285,692.00 BUILT PER SPECIFICATIONS ON ATTACHED QUOTE 2.00 DELIVERY TO CUSTOMER 4,624.00 9,248.00 2.00 INSPECTION TRAVEL 5,000.00 10,000.00 1.00 DELIVERY TRAINING 3,000.00 3,000.00 1.00 HGAC ORDER PROCESSING CHARGE 2,000.00 2,000.00 1.00 SEAGRAVE FIRE APPARTUS, LLC TO PROVIDE ALL DOCUMENTS 0.00 0.00 REQUIRED TO REGISTER THE VEHICLES WITH THE DMV (APPLICATION FOR REGISTRATION OF NEW VEHICLE TO BE COMPLETED AND SIGNED BOTH FRONT AND BACK) THE CITY OF CARLSBAD WILL COMPLETE THE REGISTRATION TRANSACTION WITH THE DMV Tax 102,855.36 PO Total 1,412,795.36 P133178; SEAGRAVE FIRE APPARATUS LLC; 12/6/2016 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: 515A537E-6E9F-47D3-8ABF-10B2987CE25C 12/8/2016 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 VENDOR'S 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 TFE 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: 515A537E-6E9F-47D3-8ABF-10B2987CE25C City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1842 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133179 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MIRAMAR FORD BODY SHOP 6066 MIRAMAR ROAD 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: 12/06/2016 V000976 (619) 625 -2608 CSDFLE R50305 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 S496-FABRICATE 2 BEACON MNTS & INSTALL-PARTS 330.20 330.20 1.00 S496-FABRICATE 2 BEACON MNTS & INSTALL-LABOR 960.00 960.00 Tax 26.42 PO Total 1,316.62 P133179; MIRAMAR FORD BODY SHOP; 12/6/2016 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 VENDOR'S 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 TFE 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-16-1854 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133180 SHIP TO:PROPERTY & ENVIRONMENTAL MANAGEMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 405 OAK AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -3009 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CPR1 3516 SEAGATE WAY, SUITE 120 ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92056 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/06/2016 V023202 PEM R50320 O'BRIEN/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PAYING ONLY PO FOR THE PURCHASE OF DEFIBRILLATOR FOR 1,512.00 1,512.00 HOUSING AND NEIGHBORHOOD SERVICES PER ESTIMATE #2762 DATED 11/17/16. PHILLIPS HEARTSTART DEFIBRILLATOR 1.00 EA INFANT/CHILD SMART PADS 108.00 108.00 1.00 EA CUSTOMIZED AED RESPONSE KIT 25.00 25.00 1.00 EA 35% DISCOUNT -575.75 -575.75 1.00 EA AED BUYBACK FOR OLD DEVICES -50.00 -50.00 Tax 81.54 PO Total 1,100.79 P133180; CPR1; 12/6/2016 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 VENDOR'S 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 TFE 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-16-1856 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133181 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:PSOMAS 401 B STREET, STE 1600 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92101-4239 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/06/2016 V018661 (619) 961 -2800 TRANS R50322 LOLLY SANGSTER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB TASK #4 TO CA1297 DATED 12/5/16 FOR THE TAMARACK 35,000.00 35,000.00 INTERSECTION ROW PROJECTS TITLE RESEARCH & ROW PROJECTS; MASTER AGREEMENT DATED 11/17/15; AB #22,148 DATED 11/17/15 Tax 0.00 PO Total 35,000.00 P133181; PSOMAS; 12/6/2016 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: BDF70D91-8F74-4952-8540-70E7185E9F1A 12/8/2016 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 VENDOR'S 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 TFE 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: BDF70D91-8F74-4952-8540-70E7185E9F1A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1846 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133182 SHIP TO:UTILITIES DEPT. WASTEWATER DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:FLO SYSTEMS INC SUITE 140 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 140 S. CHAPARRAL COURT LIMITED TO THE TERMS AND CONDITIONS ANAHEIM, CA 92808-2280 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/06/2016 V004090 (818) 842 -3217 UTILWW R50309 JESSE CASTANEDA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA LOWER BRG HOUSING KIT,FOX'S LS 3,948.00 3,948.00 QUOTE #7066 DATED 12/1/16 LOWER BEARING HOUSING COMPLETE KIT LESS SHAFT 1.00 EA FREIGHT 100.00 100.00 Tax 315.84 PO Total 4,363.84 P133182; FLO SYSTEMS INC; 12/6/2016 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: 312A86D4-B9DF-4DBD-A83F-02B1DC00AE3A 12/6/2016 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 VENDOR'S 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 TFE 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: 312A86D4-B9DF-4DBD-A83F-02B1DC00AE3A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1712 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133183 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, 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: 12/06/2016 V781000 (858) 566 -1900 IT R50115 AVECITA JONES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 144470 -1 DATE: 10/31/2016 1.00 EA LENOVO THINKPAD X1 CARBON 141N ULTRABOOK 1$88.00 1,988.00 1.00 EA LENOVO THINKPAD ONELINK +DOCK 154.00 154.00 2.00 EA HP ELITEDISPLAY E232 MONITOR 177.21 354.42 1.00 EA EWASTE FEE 11.00 11.00 Tax 199.71 PO Total 2,707.13 P133183; TECHNOLOGY INTEGRATION GROUP; 12/6/2016 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: 1AB7C90D-4760-434D-9013-7706CBD5E3B8 12/6/2016 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 VENDOR'S 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 TFE 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: 1AB7C90D-4760-434D-9013-7706CBD5E3B8 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1837 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133184 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ESRI 380 NEW YORK STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: PETE BENNETT LIMITED TO THE TERMS AND CONDITIONS REDLANDS, CA 92373 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 12/06/2016 V003801 (888) 377 -4575 IT R50298 ROB BERGSTROM QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NUMBER 25749463 1.00 EA ARCGIS DATA INTEROPERABILITY FOR DESKTOP CONCURRENT USE 500.00 500.00 PRIMARY MAINTENANCE 1.00 EA ARCPAD MAINTENANCE 1,500.00 1,500.00 START DATE: 12/12/2016 END DATE: 12/11/2017 Tax 0.00 PO Total 2,000.00 P133184; ESRI;12/6/2016 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: FE37AD59-9A29-4423-BCA1-57E95F77F664 12/6/2016 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 VENDOR'S 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 TFE 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: FE37AD59-9A29-4423-BCA1-57E95F77F664 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1858 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133185 SHIP TO:TRANSPORTATION DEPARTMENT 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: 12/06/2016 V021290 TRANS R50325 Craddock Stropes QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1,602.EA Communication mailer for resurfacing construction 0.68 1,099.64 project starting 12/22/2016. Tax 0.00 PO Total 1,099.64 P133185; ZUZA;12/6/2016 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: 19635B10-5E65-4FD5-8E7D-93C161CE612B 12/6/2016 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 VENDOR'S 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 TFE 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: 19635B10-5E65-4FD5-8E7D-93C161CE612B City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1859 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133186 SHIP TO:CITY MANAGER MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLY DRIVE 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: 12/07/2016 V001185 (760) 931 -8400 MGR R50326 KRISTINA RAY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA FULL PAGE COLOR ADS IN JANUARY AND JULY BUSINESS 2,695.00 2,695.00 RESOURCE GUIDE Tax 0.00 PO Total 2,695.00 P133186; CARLSBAD CHAMBER OF COMMERCE; 12/7/2016 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: 682B29B0-12B4-4A81-A305-7D893C76FD45 12/7/2016 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 VENDOR'S 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 TFE 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: 682B29B0-12B4-4A81-A305-7D893C76FD45 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1862 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133187 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MICHAEL BAKER INTERNATIONAL INC. 5050 AVENIDA ENCINAS, STE 260 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 IBM REQUISITION #:REQUESTER: 12/07/2016 V025335 TRANS R50329 DANEIL ZIMNY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB TASK #6 DATED 12/5/16 FOR BMP DESIGN AND COMPLIANCE;9,500.00 9,500.00 MASTER AGREEMENT DATED 11117/15; AB #22,148 DATED 11/17/15 Tax 0.00 PO Total 9,500.00 P133187; MICHAEL BAKER INTERNATIONAL INC.; 12/7/2016 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: 1B52B130-81ED-40EC-B43C-B0527C9CC3B5 12/8/2016 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 VENDOR'S 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 TFE 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: 1B52B130-81ED-40EC-B43C-B0527C9CC3B5 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1861 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133188 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:L + L PRINTERS CARLSBAD LLC 6200 YARROW DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92011 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: 12/07/2016 V015848 (760) 438 -3456 TRANS R50328 GRAHAM JORDAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PAYING ONLY 2,444.77 2,444.77 INVOICE #921127 DATED 11/14/16 FOR PRINTING OF PINE AV PARK COMMUNITY CENTER 8 GARDENS PLANS 8 SPECS Tax 195.58 PO Total 2,640.35 P133188; L +L PRINTERS CARLSBAD LLC; 12/7/2016 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 VENDOR'S 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 TFE 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-16-490 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133189 SHIP TO:TRANSPORTATION DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:SCHMIDT DESIGN 1111 SIXTH AVENUE, STE 500 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92101 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/07/2016 V02665 (619) 236 -1462 TRANS R50330 BRANDON MILES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB ORIGINAL AGREEMENT DATED 12/1/16 FOR CITY HALL EXTERIOR 181,781.00 181,781.00 SITE IMPROVEMENTS; STAFF REPORT DATED 11/29/16; RESOLUTION #2016-230 Tax 0.00 PO Total 181,781.00 P133189; SCHMIDT DESIGN; 12/7/2016 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: 0D0064C7-E6D6-45F9-AEBF-D4DA9AEBAEEE 12/8/2016 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 VENDOR'S 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 TFE 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: 0D0064C7-E6D6-45F9-AEBF-D4DA9AEBAEEE City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1853 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133190 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:APPLE INC M/S 198 -ED ACCEPTANCE OF THIS ORDER IS EXPRESSLY 2420 RIDGEPOINT DR LIMITED TO THE TERMS AND CONDITIONS AUSTIN, TX 78754 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR tt:TELEPHONE it:SHIP TO IBM REQUISITION #:REQUESTER: 12/07/2016 V002420 (800) 998 -2775 IT R50319 ANDREA DYKES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER PROPOSAL 21024872225 DATE: 11/29/2016 3.00 EA 9.7-INCH IPAD PRO WI -Fl+CELLULAR 128GB 809.00 2,427.00 3.00 EA 2-YR APPLECARE+ FOR IPAD 79.00 237.00 1.00 EA RECYCLE FEE 9.00 9.00 2.00 EA SMART KEYBOARD FOR 9.7 INCH IPAD PRO 149.00 298.00 3.00 EA SILICONE CASE FOR 9.7 INCH IPAD PRO CHARCOAL 69.00 207.00 1.00 EA SMART COVER FOR 9.7 INCH IPAD PRO -CHARCOAL 49.00 49.00 ONLINE ORDER APPLE FOR GOVT Tax 238.48 PO Total 3,465.48 P133190; APPLE INC; 12/7/2016 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 VENDOR'S 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 TFE 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-16 -1864 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133191 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:KRONOS INC 50 CORPORATE PARK ACCEPTANCE OF THIS ORDER IS EXPRESSLY IRVINE, CA 92606 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/07/2016 V021553 (714) 703 -3000 IT R50332 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE CONTRACT TYPE: RENEWAL CONTRACT # 1188664 R10-OCT-16 1.00 EA SOFTWARE SUPPORT SERVICES FOR TELESTAFF 5,847.18 5,847.18 START DATE: FEB 1,2017 END DATE: JAN 31, 2018 Tax 0.00 PO Total 5,847.18 P133191; KRONOS INC; 12/7/2016 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: 10BC1F10-DE93-4871-8756-DFE6D861FB99 12/8/2016 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 VENDOR'S 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 TFE 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: 10BC1F10-DE93-4871-8756-DFE6D861FB99 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1869 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133192 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:BW RESEARCH PARTNERSHIP INC 2725 JEFFERSON STREET, STE 13 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: 12/08/2016 V015910 (760) 730 -9325 MGR R50339 KIRA LINBERG QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PUBLIC OPINION RESEARCH PER CONTRACT DATED 11/23/2016.16,475.00 16,475.00 Tax 0.00 PO Total 16,475.00 P133192; BW RESEARCH PARTNERSHIP INC; 12/8/2016 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: 192F033D-7603-4172-AFDF-388FC0089CE4 12/8/2016 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 VENDOR'S 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 TFE 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: 192F033D-7603-4172-AFDF-388FC0089CE4 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1866 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133193 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:MOBILE CARPET CLUB INC. DBA: CARPET CLUB ACCEPTANCE OF THIS ORDER IS EXPRESSLY 518 W. WASHINGTON 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: 12/08/2016 V025558 (760) 740 -9545 MGR R50334 KRISTINA RAY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA ELMWOOD HOUSE FLOORING PER CONTRACT DATED 12-7-16 9,175.00 9,175.00 Tax 0.00 PO Total 9,175.00 P133193; MOBILE CARPET CLUB INC.; 12/8/2016 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: 355EDEA4-7EFC-4033-A476-A42092739CE9 12/8/2016 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 VENDOR'S 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 TFE 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: 355EDEA4-7EFC-4033-A476-A42092739CE9 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1850 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133194 SHIP TO:FINANCE 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:WILLDAN FINANCIAL SERVICES 27368 VIA INDUSTRIA, SUITE 200 ACCEPTANCE OF THIS ORDER IS EXPRESSLY TEMECULA, CA 92590 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: 12/08/2016 V017351 (909) 587 -3500 FIN R50315 Aaron Beanan QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA ARBITRAGE REBATE SERVICES 1,250.00 1,250.00 Tax 0.00 PO Total 1,250.00 P133194; WILLDAN FINANCIAL SERVICES; 12/8/2016 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.