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Home My WebLink About3-D Enterprises Inc; 2005-02-25; Part 2 of 2TERMS 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: A90F736C-4B7F-4921-A59F-0D74CFF6A86C City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-68 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131443 SHIP TO:HUMAN RESOURCES 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:REGIONAL TRAINING CENTER SUITE 130 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 6155 CORNERSTONE COURT LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92121 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/13/2016 V000105 (858) 550 -0040 HUM R47635 cheri abbott QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PAY INVOICE 12904.BUSINESS WRITING 84 GRAMMAR 3,120.00 3,120.00 Tax 0.00 PO Total 3,120.00 P131443; REGIONAL TRAINING CENTER; 1/13/2016 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-16-70 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131444 SHIP TO:FIRE DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:COMMISSION ON ACCREDITATION OF AMBULANCE SERVICES ACCEPTANCE OF THIS ORDER IS EXPRESSLY 1926 WAUKEGAN RD., STE 1 LIMITED TO THE TERMS AND CONDITIONS GLENVIEW, IL 60025 -1770 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR tt:TELEPHONE it:SHIP TO ID#:REQUISITION #:REQUESTER: 01/13/2016 V025768 (847) 657 -6825 FIREADM R47644 MIKE LOPEZ QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 CAAS APPLICATION FREE 3,500.00 3,500.00 1.00 CAAS REVIEWERS EXPENSE MINIMUM DEPOSIT 5,000.00 5,000.00 Tax 0.00 PO Total 8,500.00 P131444; COMMISSION ON ACCREDITATION; 1/13/2016 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-16-72 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131445 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CARLSBAD EDUCATIONAL FOUNDATION 5631 PALMER WAY, SUITE L ACCEPTANCE OF THIS ORDER IS EXPRESSLY MICHELLE GINN, CHAIR LIMITED TO THE TERMS AND CONDITIONS CARLSBAD, CA 92010 -7243 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/13/2016 V005912 LIBART R47646 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 1,500.00 1,500.00 Tax 0.00 PO Total 1,500.00 P131445; CARLSBAD EDUCATIONAL FOUNDATION; 1/13/2016 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: 7E65E3B7-9E8D-45DB-873A-324D06D714DB 1/13/2016 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: 7E65E3B7-9E8D-45DB-873A-324D06D714DB City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-44 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131446 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CARLSBAD OCEANSIDE ART LEAGUE 300 CARLSBAD VILLAGE DRIVE, STE 101 ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: BRUCE BARTELLS 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 ID#:REQUISITION #:REQUESTER: 01/13/2016 V000011 LIBART R47599 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 3,500.00 3,500.00 Tax 0.00 PO Total 3,500.00 P131446; CARLSBAD OCEANSIDE ART LEAGUE; 1/13/2016 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: C309F2BC-E8E8-4FF9-B05C-13EA70B2305C 1/13/2016 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: C309F2BC-E8E8-4FF9-B05C-13EA70B2305C City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-13 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131447 SHIP TO:ADMINISTRATION 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:CORT 9404 CABOT DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: BARBARA CAVANAUGH 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 IBM REQUISITION #:REQUESTER: 01/14/2016 V025769 (610) 348 -4896 LIBADM R47574 STEVE DIDIER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER PROPOSAL #CARLSBAD#1 DATED 12/23/15 DELVERY FOR EARLY FEBRUARY TO DOVE LIBRARY GALLERY 1.00 LOT NEW LEASE ON 9 HALTON JR. EXECUTIVE DESK, DOUBLE PED 972.00 972.00 SKU#6014307 FOR 4 MONTHS @ $243.00 PER MONTH UNDER CMAS CONTRACT 4-08-71 -088A 1.00 EA DELIVERY, SET-UP, 8 FINAL PICK-UP 250.00 250.00 Tax 77.76 PO Total 1,299.76 P131447; CORT; 1/14/2016 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: 737EC433-89A1-4B19-B37E-CA89C57E39B3 1/14/2016 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: 737EC433-89A1-4B19-B37E-CA89C57E39B3 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-17 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131448 SHIP TO:ADMINISTRATION 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:CORT 9404 CABOT DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: BARBARA CAVANAUGH 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 IBM REQUISITION #:REQUESTER: 01/14/2016 V025769 (610) 348 -4896 LIBADM R47577 STEVE DIDIER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER PROPOSAL CARLSBAD#2 DATED 12/23/15 CMAS 4-08-71-088A DELIVERY FOR FEBRUARY 16,2016 AT DOVE LIBRARY TRAILER LOCATION 1.00 LOT NEW LEASE ON 24 HALTON JR. EXECUTIVE DESK DOUBLE PED 2,592.00 2,592.00 SKU#6014307 @ 648.00 PER MONTH FOR 4 MONTHS UNDER CMAS CONTRACT 4 -08 -71 -0088A 1.00 EA DELIVERY, SET-UP, 8 FINAL PICK-UP 300.00 300.00 Tax 207.36 PO Total 3,099.36 P131448; CORT; 1/14/2016 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: D82A6771-7E5A-46E9-B276-966D237698AC 1/14/2016 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: D82A6771-7E5A-46E9-B276-966D237698AC City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-100 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131449 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:YAMADA ENTERPRISES 16552 BURKE LANE ACCEPTANCE OF THIS ORDER IS EXPRESSLY HUNTINGTON BEACH, CA 92647-4538 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V18582 (800) 444 -4594 REM R47622 Steve Didier QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA Little Puddle stools for Cole library. Quote 2,925.00 2,925.00 #15246 -BR1. 5 each, P/N SPT22616. 1.00 EA Freight 334.00 334.00 Tax 234.00 PO Total 3,493.00 P131449; YAMADA ENTERPRISES; 1/14/2016 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: 9FA13600-59CE-4CBE-8097-3CF0F45D75E2 1/14/2016 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: 9FA13600-59CE-4CBE-8097-3CF0F45D75E2 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-42 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131450 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:BOYS & GIRLS CLUB 2730 BRESSIE RANCH WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92009 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V03115 729 -0526 LIBART R47597 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 2,100.00 2,100.00 Tax 0.00 PO Total 2,100.00 P131450; BOYS & GIRLS CLUB; 1/14/2016 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: B73C2B61-87E9-445B-9F60-F109A6DEED6A 1/14/2016 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: B73C2B61-87E9-445B-9F60-F109A6DEED6A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-45 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131451 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:INTREPID SHAKESPEARE COMPANY DBA: INTREPID THEATRE COMPANY ACCEPTANCE OF THIS ORDER IS EXPRESSLY P.O. BOX 235852 LIMITED TO THE TERMS AND CONDITIONS ENCINITAS, CA 92023 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V025305 (760) 295 -7541 LIBART R47600 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 2,000.00 2,000.00 Tax 0.00 PO Total 2,000.00 P131451; INTREPID SHAKESPEARE COMPANY; 1/14/2016 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: CED227BF-6A85-417D-ABBE-5F877A44C0C6 1/14/2016 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: CED227BF-6A85-417D-ABBE-5F877A44C0C6 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-48 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131452 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MUSEUM OF MAKING MUSIC ALISA ARKINZADEH, DEV. OFFICER ACCEPTANCE OF THIS ORDER IS EXPRESSLY 5790 ARMADA DR 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 ID#:REQUISITION #:REQUESTER: 01/14/2016 V003512 LIBART R47602 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 4,000.00 4,000.00 Tax 0.00 PO Total 4,000.00 P131452; MUSEUM OF MAKING MUSIC; 1/14/2016 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: 09B1B0EF-7057-4D27-A48B-E1C7D5E231BF 1/14/2016 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: 09B1B0EF-7057-4D27-A48B-E1C7D5E231BF City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-75 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131453 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:JONATHAN TARR FOUNDATION SUITE F-20 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 162 S. RANCHO SANTA FE ROAD LIMITED TO THE TERMS AND CONDITIONS ENCINITAS, CA 92024 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V025771 LIBART R47649 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 1,000.00 1,000.00 Tax 0.00 PO Total 1,000.00 P131453; JONATHAN TARR FOUNDATION; 1/14/2016 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: 91035F79-1E9B-4D8D-9009-15BDA49299CB 1/14/2016 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: 91035F79-1E9B-4D8D-9009-15BDA49299CB City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-74 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131454 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:LA COSTA DREAMS INC. DBA: LA COSTA FILM FESTIVAL ACCEPTANCE OF THIS ORDER IS EXPRESSLY P.O. BOX 131090 LIMITED TO THE TERMS AND CONDITIONS CARLSBAD, CA 92013 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V024802 LIBART R47648 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 3,500.00 3,500.00 Tax 0.00 PO Total 3,500.00 P131454; LA COSTA DREAMS INC.; 1/14/2016 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: 0BBEE481-3F2D-4171-8269-27D5BF8C520D 1/14/2016 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: 0BBEE481-3F2D-4171-8269-27D5BF8C520D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-50 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131455 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:NEW VILLAGE ARTS ATTN: KRISTIANNE KURNER ACCEPTANCE OF THIS ORDER IS EXPRESSLY 2787 STATE ST 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 ID#:REQUISITION #:REQUESTER: 01/14/2016 V005981 LIBART R47603 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 5,000.00 5,000.00 Tax 0.00 PO Total 5,000.00 P131455; NEW VILLAGE ARTS; 1/14/2016 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: CD6A885B-D28D-4E13-85A4-215FA8BDB279 1/14/2016 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: CD6A885B-D28D-4E13-85A4-215FA8BDB279 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-43 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131456 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CARLSBAD MUSIC FESTIVAL C/O MATT MCBANE ACCEPTANCE OF THIS ORDER IS EXPRESSLY P 0 BOX 4067 LIMITED TO THE TERMS AND CONDITIONS CARLSBAD, CA 92018 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V018973 LIBART R47598 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 8,000.00 8,000.00 Tax 0.00 PO Total 8,000.00 P131456; CARLSBAD MUSIC FESTIVAL; 1/14/2016 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: 2CACEB4C-E572-4297-8205-5E3BE4CB7DCD 1/15/2016 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: 2CACEB4C-E572-4297-8205-5E3BE4CB7DCD City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-73 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131457 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ENCINITAS EDUCATION FOUNDATION 101 S. RANCHO SANTA FE ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY ENCINITAS, CA 92024 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V025772 LIBART R47647 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 2,100.00 2,100.00 Tax 0.00 PO Total 2,100.00 P131457; ENCINITAS EDUCATION FOUNDATION; 1/14/2016 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: 80606C39-ED7E-4426-AB6D-067A35C46667 1/14/2016 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: 80606C39-ED7E-4426-AB6D-067A35C46667 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-47 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131458 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MAINLY MOZART INC. 444 W. BEECH ST., STE 220 ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: JUDITH ANDERSON LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92101 -2948 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V003780 (619) 239 -0100 LIBART R47601 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 3,500.00 3,500.00 Tax 0.00 PO Total 3,500.00 P131458; MAINLY MOZART INC.; 1/14/2016 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: 12FD450A-84F9-4572-87DA-30416941B35E 1/14/2016 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: 12FD450A-84F9-4572-87DA-30416941B35E City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-51 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131459 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:PATRONS OF THE ARTS FOUNDATION AKA CARLSBAD COMMUNITY THEATRE ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: SHANDRA KNIGHT, BOARD MEMBER LIMITED TO THE TERMS AND CONDITIONS CARLSBAD, CA 92018 -1956 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/14/2016 V877 LIBART R47604 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 2016 COMMUNITY ARTS GRANT 3,000.00 3,000.00 Tax 0.00 PO Total 3,000.00 P131459; PATRONS OF THE ARTS FOUNDATION; 1/14/2016 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: 70593F45-1438-4EAA-A120-56495875FE29 1/14/2016 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: 70593F45-1438-4EAA-A120-56495875FE29 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-36 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131460 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:BADGER METER INC 4545 W. BROWN DEER ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY ATTN: CHERI RUSCH LIMITED TO THE TERMS AND CONDITIONS MILWAUKEE, WI 53224-9536 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/19/2016 V021585 (414) 371 -5952 UTILWAR R47591 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PRICED PER BID RFB #12 -08A AND PRICE AGREEMENT DATED 6/6/2012. 200.00 EA RCDL M55LL Disc Meter (NSF 61-G)1"per quote #70017 135.73 27,146.00 10.00 EA RCDL M120 LL Disc MEter (NSF 61 -G)1 1/2" per quote 28821 2,882.10 #70017 10.00 EA RCDL M170 LL Disc Metewr (NSF 61-G) 2" per qutoe #70017 425.85 4,258.50 10.00 EA RCDL Turbo Series Meter LL (NSF 61 -G)1 1/2" per quote 623.61 6,236.10 #70017 10.00 EA RCDL Turbo Series Meter LL (NSF 61 -G) 2" per quote 650.58 6,505.80 #70017 Tax 3,762.28 PO Total 50,790.78 P131460; BADGER METER INC; 1/19/2016 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: AFEB2509-9B96-4605-8ED9-0E6CDF4FF7DDDocuSign Envelope ID: D821D7AB-8146-40BD-AB28-4556984C3D43 1/19/2016 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: AFEB2509-9B96-4605-8ED9-0E6CDF4FF7DDDocuSign Envelope ID: D821D7AB-8146-40BD-AB28-4556984C3D43 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-78 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131461 SHIP TO:UTILITIES DEPT. WAREHOUSE MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR: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: 01/19/2016 V0909 (509) 891 -3355 UTILWAR R47651 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 100.00 EA CFG-0900-003.27.00 2,700.00 100W Through-the-Lid remote mount antenna kit Tax 216.00 PO Total 2,916.00 P131461; ITRON INC; 1/19/2016 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: 765E3C3F-452F-45C1-B711-6C0B63CA2B19 1/19/2016 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: 765E3C3F-452F-45C1-B711-6C0B63CA2B19 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-39 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131464 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:NORTH COUNTY SPRING 520 N.ANDREASEN DRIVE 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 ID#:REQUISITION #:REQUESTER: 01/19/2016 V019328 (760) 738 -7022 CSDFLE R47594 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 U147-LEAF SPRNG,BDY U -BLT PARTS 428.62 428.62 1.00 U147-RPLC RR LF SPRNG & BDY U -BLT LABOR 1,829.00 1,829.00 Tax 34.29 PO Total 2,291.91 P131464; NORTH COUNTY SPRING; 1/19/2016 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-16-40 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131465 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:SOUTHERN CALIFORNIA FLEET SERVICES, INC.ACCEPTANCE OF THIS ORDER IS EXPRESSLY 450 CORPORATE DRIVE LIMITED TO THE TERMS AND CONDITIONS ESCONDIDO, CA 92029 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/19/2016 V013057 (760) 233 -7828 CSDFLE R47595 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 F830-DGNSTC ECM & TRBLSHT CMPTR STINGS LABOR 1,232.00 1,232.00 Tax 0.00 PO Total 1,232.00 P131465; SOUTHERN CALIFORNIA FLEET; 1/19/2016 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-16-41 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131466 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:AEL CONSTRUCTION INC. 505 STATE PLACE 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: 01/19/2016 V025773 (760) 432 -8605 PEM R47596 Steve Didier QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Minor Public Works contract dated 1/7/16 for Cole 5,087.00 5,087.00 Library Solatube Installation. Tax 0.00 PO Total 5,087.00 P131466; AEL CONSTRUCTION INC.; 1/19/2016 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: D4F57298-5E6F-4B0F-A2D5-E4F6492F3D17 1/19/2016 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: D4F57298-5E6F-4B0F-A2D5-E4F6492F3D17 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-62 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131467 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 5950 EL CAMINO REAL CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -8802 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MANPOWER TEMP SERVICES FILE #53887 ACCEPTANCE OF THIS ORDER IS EXPRESSLY LOS ANGELES, CA 90074 -3887 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: 01/19/2016 V157 (619) 237 -9900 TRANSOM!R47623 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO FOR TEMP OFFICE WORK IN CM&I 1,006.40 1,006.40 Tax 0.00 PO Total 1,006.40 P131467; MANPOWER TEMP SERVICES; 1/19/2016 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-16-103 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131468 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:MARK THOMAS & CO. INC. 7300 FOLSOM BLVD., STE 203 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SACRAMENTO, CA 95826 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: 01/19/2016 V021668 (916) 381 -9180 TRANS R47638 Brandon Miles QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/7/16 for Railroad Grade 29,640.00 29,640.00 Separation Report Review. Tax 0.00 PO Total 29,640.00 P131468; MARK THOMAS 8 CO. INC.; 1/19/2016 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: 5BD442C0-F769-441D-8839-6019E742B073 1/19/2016 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: 5BD442C0-F769-441D-8839-6019E742B073 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-104 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131469 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:CIRCULATE SAN DIEGO 1111 6TH AVENUE, STE 402 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 ID#:REQUISITION #:REQUESTER: 01/19/2016 V024375 (619) 531 -9255 TRANS R47643 Lolly Sangster QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/7/16 for Sustainable 29,950.00 29,950.00 Community Grant and Walk*Bike Friendly Program Services. Tax 0.00 PO Total 29,950.00 P131469; CIRCULATE SAN DIEGO; 1/19/2016 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: 911238A1-39EA-4A03-92AA-634E5CCF98C2 1/19/2016 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: 911238A1-39EA-4A03-92AA-634E5CCF98C2 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-55 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131470 SHIP TO:FIRE STATION #3 MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 3465 TRAILBLAZER WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ROGUE FITNESS 1080 STEELWOOD ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY COLUMBUS, OH 43212 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/19/2016 V025774 (614) 358 -6190 FIRE#3 R47611 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 FITNESS EQUIPEMENT PER THE ATTACHED QUOTE FOR THE NEW 4,852.99 4,852.99 FIRE STATION #3. 1.00 EA SHIPPING 637.56 637.56 Tax 388.24 PO Total 5,878.79 P131470; ROGUE FITNESS; 1/19/2016 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: DB6B0072-79B4-4B0C-83D8-A74BA347B2C4 1/19/2016 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: DB6B0072-79B4-4B0C-83D8-A74BA347B2C4 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-57 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131471 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:CALEMEAM INC. 10236 DIANELLA LANE ACCEPTANCE OF THIS ORDER IS EXPRESSLY AUSTIN, TX 78759 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: 01/19/2016 V019038 (512) 961 -1668 IT R47615 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA CALEM ENTERPRISE ANNUAL SUPPORT 2015 -16 FOR 5 USER 2,700.00 2,700.00 SEATS (OCT 1,2015 TO SEP. 30, 2016) Tax 0.00 PO Total 2,700.00 P131471; CALEMEAM INC.; 1/19/2016 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-16-5 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131472 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:GARTNER INC PO BOX 911319 ACCEPTANCE OF THIS ORDER IS EXPRESSLY DALLAS, TX 75391-1 31 9 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/19/2016 V010060 (239) 561 -4545 IT R47554 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA FULL SUMMIT PASS ENTERPRISE ARCHITECTURE SUMMIT 2,225.00 2,225.00 REGISTRATION MAY 11 -12, 2016 RAMESH DORAISWAMY Tax 0.00 PO Total 2,225.00 P131472; GARTNER INC; 1/19/2016 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-16-71 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131473 SHIP TO:FINANCE 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:PRIORITY NEOPOST 1843 WESTERN WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY TORRANCE, CA 90501 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/19/2016 V023621 FIN R47645 ANN MARIE KOO QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE CONTRACT BASE RATE CHARGE FOR 2/11/2016 -2/10/2017 1.00 EA CONTRACT RENEWAL -MAINTENANCE AGREEMENT FOR HASLER 2,562.00 2,562.00 CN15826-03 Tax 0.00 PO Total 2,562.00 P131473; PRIORITY NEOPOST; 1/19/2016 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-16-76 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131474 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:EN POINTE TECHNOLOGIES 1940 E. MARIPOSA AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY EL SEGUNDO, CA 90245 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/19/2016 V001178 (800) 694 -4394 IT R47652 ORTEGA/VANTE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE# 11092015-COC 13.00 EA OFFICE PRO PLUS 2016-OFFICE 365 LICENSES 329.84 4,287.92 Tax 0.00 PO Total 4,287.92 P131474; EN POINTE TECHNOLOGIES; 1/19/2016 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: 9EFE9E71-1686-4A7C-9A2F-6D1A57D271EF 1/19/2016 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: 9EFE9E71-1686-4A7C-9A2F-6D1A57D271EF City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-80 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131475 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 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: 01/19/2016 V006105 (866) 339 -0354 IT R47655 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. GXGX269 DATE: 1/8/2016 2.00 EA RED HAT RHELS PREM PHYSICAL OR VIR 1,150.00 2,300.00 RED HAT ENTERPRISE UNUX SERVER RENEWAL START: 3/17/2016 END: 3/16/2017 Tax 0.00 PO Total 2,300.00 P131475; CDW GOVERNMENT; 1/19/2016 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: 71E36C44-9FB0-4C98-A444-193629CC3E92 1/19/2016 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: 71E36C44-9FB0-4C98-A444-193629CC3E92 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-80 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131475 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 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: 01/19/2016 V006105 (866) 339 -0354 IT R47655 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. GXGX269 DATE: 1/8/2016 2.00 EA RED HAT RHELS PREM PHYSICAL OR VIR 1,150.00 2,300.00 RED HAT ENTERPRISE UNUX SERVER RENEWAL START: 3/17/2016 END: 3/16/2015 Tax 0.00 PO Total 2,300.00 P131475; CDW GOVERNMENT; 1/19/2016 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: 59E9BDEC-08C2-48E7-8B1B-6D9CDE52D6E1 1/19/2016 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: 59E9BDEC-08C2-48E7-8B1B-6D9CDE52D6E1 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-87 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131476 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: 01/19/2016 V781000 (858) 566 -1900 IT R47667 TERRY ENNIS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE: 129034-3 DATE: 1/5/2016 EXPIRES: 2/4/2016 1.00 EA HP ELITEDESK 800 G2 DESKTOP COMPUTER 939.51 939.51 1.00 EA HP 5Y NBD ONSITE PROMO DT ONLY HW SUPPORT 69.42 69.42 CALIFORNIA MA# MNWNC -133/ PA@ 7-15-70-34-001 CARLSBAD HELPDESK TICKET NO.IN-00013979 Tax 75.16 PO Total 1,084.09 P131476; TECHNOLOGY INTEGRATION GROUP; 1/19/2016 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: BD754541-962C-48E8-9837-5C88CD2F2746 1/19/2016 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: BD754541-962C-48E8-9837-5C88CD2F2746 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-85 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131477 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: 01/19/2016 V781000 (858) 566 -1900 IT R47663 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 130758-2 DATE: 1/12/2016 EXPIRES: 2/11/2016 12.00 EA HP ELITEDESK 800 G2 DESKTOP COMPUTER 939.51 11,274.12 12.00 EA HP 5Y NOBD ONSITE PROMO DT ONLY HW SUPPORT 69.42 833.04 12.00 EA HP 8GB SODIMM DDR4 MEMORY 78.28 939.36 CALIFORNIA MA# MNWNC -133/ PA#7 -15-70 -34-001 Tax 977.08 PO Total 14,023.60 P131477; TECHNOLOGY INTEGRATION GROUP; 1/19/2016 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: 28D7F374-684C-4392-A6AD-05B8C6E1C645 1/19/2016 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: 28D7F374-684C-4392-A6AD-05B8C6E1C645 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-95 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131478 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: 01/19/2016 V781000 (858) 566 -1900 IT R47681 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 130759 -2 DATE: 1/12/2016 EXPIRES: 2/11/2016 12.00 EA HP ELITEBOOK 850 G2 15.61N NOTEBOOK 1,187.01 14,244.12 12.00 EA HP CARE PACK NEXT BUSINESS DAY HARDWARE SUPPORT 467.22 5,606.64 EXTENDED SERVICE AGREEMENT ON -SITE MAINTENANCE 12.00 EA HP ULTRASLIM DOCK 2013 130.00 1,560.00 12.00 EA HP 8GB DDR3L-1600 1.35V SODIMM 104.94 1,259.28 1.00 EA E-WASTE FEE 48.00 48.00 *CALIFORNIA MA# MNNVP-133/ PA# 7-15-70-34 -001* **MACHINES ARE TO BE DELIVERED TO 1635 FARADAY AVENUE** Tax 1,365.07 PO Total 24,083.11 P131478; TECHNOLOGY INTEGRATION GROUP; 1/19/2016 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: C3858FA1-E3A4-41B6-B53D-E8EFE1811137 1/19/2016 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: C3858FA1-E3A4-41B6-B53D-E8EFE1811137 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-90 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131479 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: 01/19/2016 V781000 (858) 566 -1900 IT R47668 TIM MURPHY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 130677 -1 DATE: 1/11/2016 EXPIRES: 2/29/2016 1.00 EA HP ELITEBOOK 850 G2 15.6IN NOTEBOOK 1,187.01 1,187.01 1.00 EA HP CARE PACK NEXT BUSINESS DAY HARDWARE SUPPORT 467.22 467.22 EXTENDED SERVICE AGREEMENT ON -SITE MAINTENANCE 1.00 EA HP ULTRASLIM DOCK 2013 130.00 130.00 1.00 EA E-WASTE FEE 4.00 4.00 CALIFORNIA MA# MNNVP-133/ PA#7-15-70-34 -001 CARLSBAD HELPDESK TICKET NO.IN-0009858 Tax 105.36 PO Total 1,893.59 P131479; TECHNOLOGY INTEGRATION GROUP; 1/19/2016 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: F232394D-0AE8-423D-B315-8BA2A9B1FCE7 1/19/2016 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: F232394D-0AE8-423D-B315-8BA2A9B1FCE7 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-86 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131480 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: 01/19/2016 V781000 (858) 566 -1900 IT R47665 SHAWNETTA GRANDBERRY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 129034 -3 DATE: 1/5/2016 EXPIRES: 2/4/2016 1.00 EA HP ELITEDESK 800 G2 DESKTOP COMPUTER 939.51 939.51 1.00 EA HP 5Y NBD ONSITE PROMO DT ONLY HW SUPPORT 69.42 69.42 CALIFORNIA MA# MNWNC -133/PM 7 -15-70-34-001 CARLSBAD HELPDESK TICKET NO.IN-00013972 Tax 75.16 PO Total 1,084.09 P131480; TECHNOLOGY INTEGRATION GROUP; 1/19/2016 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: 6FD3C0ED-18CD-49F3-B854-CE54CC17AC92 1/19/2016 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: 6FD3C0ED-18CD-49F3-B854-CE54CC17AC92 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-93 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131481 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: 01/20/2016 V781000 (858) 566 -1900 IT R47679 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE: 130758-3 DATE: 1/13/2016 EXPIRES: 2/11/2016 35.00 EA HP ELITEDESK 800 G2 DESKTOP COMPUTER 939.51 32,882.85 35.00 EA HP 5Y NBD ONSITE PROMO DT ONLY HW SUPPORT 69.42 2,429.70 CALIFORNIA MA# MNWNC -133/ PA#7 -15-70-34-001 UNITS ARE TO BE DELIVERED TO THE TIG, STORED AND DELIVERED IN REQUESTED LOTS. Tax 2,630.63 PO Total 37,943.18 P131481; TECHNOLOGY INTEGRATION GROUP; 1/20/2016 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: A1D64FB2-D9F6-4638-9205-A9A51DD9E671DocuSign Envelope ID: 6C353085-BB6D-4775-A157-8670F01032A1 1/21/2016 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: A1D64FB2-D9F6-4638-9205-A9A51DD9E671DocuSign Envelope ID: 6C353085-BB6D-4775-A157-8670F01032A1 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-115 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131482 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: 01/20/2016 V781000 (858) 566 -1900 IT R47698 DEBORAH BAIRD QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 129034 -3 DATE: 1/5/2016 EXPIRES: 2/4/2016 1.00 EA HP ELITEDESK 800 G2 DESKTOP COMPUTER 939.51 939.51 1.00 EA HP 5Y NBD ONSITE PROMO DT ONLY HW SUPP 69.42 69.42 CALIFORNIA MA# MNWNC -133/PM 7 -15-70-34-001 **UNIT IS TO BE DELIVERED TO TIG, STORED, AND DELIVERED ON REQUEST. PLEASE EMAIL GARY.HORBY@CARLSBADCA.GOV WHEN UNIT HAS BEEN RECEIVED.** CARLSBAD HELPDESK TICKET NO.IN-00014125 Tax 75.16 PO Total 1,084.09 P131482; TECHNOLOGY INTEGRATION GROUP; 1/20/2016 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: 49CC4AF7-85DD-4BA5-87CF-903D82722F8D 1/20/2016 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: 49CC4AF7-85DD-4BA5-87CF-903D82722F8D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-113 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131483 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/20/2016 V006105 (866) 339 -0354 IT R47696 FAFtAH NISAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE GSMX830 DATE: 1/13/2016 7.00 EA ERGOTRON LX DUAL STACKING ARM 24"270.34 1,892.38 1.00 FREIGHT 59.00 59.00 Tax 151.39 PO Total 2,102.77 P131483; CDW GOVERNMENT; 1/20/2016 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: 71F61552-4D64-4119-B5AE-66B14CAF16FE 1/20/2016 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: 71F61552-4D64-4119-B5AE-66B14CAF16FE City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-96 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131484 SHIP TO:FINANCE 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: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 tt:TELEPHONE it:SHIP TO IBM REQUISITION #:REQUESTER: 01/20/2016 V021290 FIN R47682 CHRIS JAHRIES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 LOT 8 M, SERVICE TERMINATION NOTICE, HAMMERMILL BOND, WHITE 1,001.00 1,001.00 PER QUOTE NO. 24652 -1 QUOTE DATE: 1/13/2016 *REPEAT OF PREVIOUS ORDER* **PLEASE DELIVR TO 1635 FARADAY AVENUE, CARLSBAD, CA 92008** Tax 80.08 PO Total 1,081.08 P131484; ZUZA;1/20/2016 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: 2B0DEAA6-ABC1-4CFD-9902-0FE27E2A46A0 1/20/2016 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: 2B0DEAA6-ABC1-4CFD-9902-0FE27E2A46A0 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-111 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131485 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/20/2016 V006105 (866) 339 -0354 IT R47695 FAFtAH NISAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE GSMX787 DATE: 1/13/2016 11.00 EA ERGOTRON LX DUAL STACKING ARM 24"270.34 2,973.74 1.00 FREIGHT 99.00 99.00 Tax 237.90 PO Total 3,310.64 P131485; CDW GOVERNMENT; 1/20/2016 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: 06BBB1A5-83F0-44AA-BC32-BF2E45736FEC 1/20/2016 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: 06BBB1A5-83F0-44AA-BC32-BF2E45736FEC City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-114 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131486 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/20/2016 V006105 (866) 339 -0354 IT R47697 FAFtAH NISAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE GSMX848 DATE: 1/13/2016 4.00 EA ERGOTRON LX DUAL STACKING ARM 24"270.34 1,081.36 1.00 FREIGHT 40.00 40.00 Tax 86.51 PO Total 1,207.87 P131486; CDW GOVERNMENT; 1/20/2016 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-16-114 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131486 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/20/2016 V006105 (866) 339 -0354 IT R47697 FAFtAH NISAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE GSMX848 DATE: 1/13/2016 4.00 EA ERGOTRON LX DUAL STACKING ARM 24"270.34 1,081.36 1.00 FREIGHT 40.00 40.00 Tax 86.51 PO Total 1,207.87 P131486; CDW GOVERNMENT; 1/20/2016 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: 9E4E50BC-9780-4148-9349-B01D486A5F43 1/20/2016 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: 9E4E50BC-9780-4148-9349-B01D486A5F43 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-81 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131487 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:CITRIX SYSTEMS INC 851 W. CYPRESS CREEK ROAD ACCEPTANCE OF THIS ORDER IS EXPRESSLY FORT LAUDERDALE, FL 33309 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/21/2016 V006940 IT R47659 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 1846929 DATE: JAN 5 2016 EXPIRES: MAR 7 2016 ISSUED BY GTC SYSTEMS INC 1.00 EA SOFTWARE MAINTENANCE -80 LICENSES 10,762.52 10,762.52 1.00 EA SOFTWARE MAINTENANCE REINSTATEMENT FEE 2,039.67 2,039.67 Tax 0.00 PO Total 12,802.19 P131487; CITRIX SYSTEMS INC; 1/21/2016 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: 15F51ACE-7848-4339-80D5-A92E6B0349D2 1/21/2016 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: 15F51ACE-7848-4339-80D5-A92E6B0349D2 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-92 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131488 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: 01/21/2016 V781000 (858) 566 -1900 IT R47675 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 130759 -1 DATE: 1/12/2016 EXPIRES: 2/11/2016 5.00 EA HP ELITEBOOK 850 G2 15.6IN NOTEBOOK 1,187.01 5,935.05 5.00 EA HP CARE PACK NEXT BUSINESS DAY HARDWARE SUPPORT 467.22 2,336.10 EXTENDED SERVICE AGREEMENT ON -SITE MAINTENANCE 5.00 EA HP ULTRASLIM DOCK 2013 130.00 650.00 1.00 EA E-WASTE FEE 20.00 20.00 *CALIFORNIA MA# MNNVP-133/ PA# 7-15-70-34 -001* **UNITS ARE TO BE DELIVERED TO TIG, STORED, AND DELIVERED IN REQUESTED LOTS** Tax 526.80 PO Total 9,467.95 P131488; TECHNOLOGY INTEGRATION GROUP; 1/21/2016 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: D1ECD902-55D6-435C-B7E4-0667D12BF944 1/21/2016 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: D1ECD902-55D6-435C-B7E4-0667D12BF944 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-77 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131489 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:ZUZA 2304 FARADAY AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92008 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/21/2016 V021290 MGR R47653 KRISTINA RAY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 24,720 NEWSLETTERS -MAIL VERSION 2,265.63 2,265.63 1.00 EA 30,000 NEWSLETTERS -BILL VERSION 2,750.00 2,750.00 1.00 EA 1,000 NEWSLETTERS -LOBBY VERSION 91.67 91.67 1.00 EA MAILING SERVICES 865.20 865.20 Tax 227.33 PO Total 6,199.83 P131489; ZUZA;1/21/2016 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-16-121 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131490 SHIP TO:FIRE DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:L.N.CURTIS & SONS PACIFIC SOUTH DIVISION ACCEPTANCE OF THIS ORDER IS EXPRESSLY 16821 KNOTT AVENUE LIMITED TO THE TERMS AND CONDITIONS LA MIRADA, CA 90638 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/21/2016 V094611 (714) 522 -5001 FIREADM R47710 NICK ORDILLE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 6051062-00 DATED 1/15/16 1.00 LT (1) T3MAX THERMAL IMAGER, S/N 33539 TIER 5 REPAIR 3,599.00 3,599.00 Tax 287.92 PO Total 3,886.92 P131490; L.N.CURTIS 8 SONS; 1/21/2016 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: 34607EDC-7860-40E7-AFBC-83D768CDDCA6 1/21/2016 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: 34607EDC-7860-40E7-AFBC-83D768CDDCA6 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-98 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131491 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:FIRE ETC 2190 MAIN STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92113 -2218 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/21/2016 V000266 (619) 525 -7288 FIREADM R47685 LUIS OSUNA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA QC TEST KIT 600 PSI 497.47 497.47 1.00 EA AFTK-25 APPARATUS FLOW TEST KIT 1,121.21 1,121.21 Tax 129.50 PO Total 1,748.18 P131491; FIRE ETC; 1/21/2016 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: 2A6520FC-4DB7-4D61-9435-C2A574450275 1/21/2016 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: 2A6520FC-4DB7-4D61-9435-C2A574450275 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-122 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131492 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:STRATUS TECHNOLOGIES SUITE 226 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 144 RAILROAD AVENUE LIMITED TO THE TERMS AND CONDITIONS EDMONDS, WA 98020 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/21/2016 V016345 (425) 776 -4034 POLADM R47712 MARIA CALLANDER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA P2700-1S-VB:ftServer 2700 RACK MOUNTABLE,1 -WAY, DMR,5,988.00 5,988.00 1.8 GHz QUAD-CORE PROCESSOR, PROMOTIONAL BUNDLE—FY 2016 Tax 0.00 PO Total 5,988.00 P131492; STRATUS TECHNOLOGIES; 1/21/2016 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-16-52 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131493 SHIP TO:CITY MANAGER MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ZUZA 2304 FARADAY AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92008 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/21/2016 V021290 MGR R47605 KRISTINA RAY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 5,000 RESIDENT GUIDES 3,131.00 3,131.00 Tax 0.00 PO Total 3,131.00 P131493; ZUZA;1/21/2016 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-16-153 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131494 SHIP TO:RISK MANAGEMENT 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:ALLIANT INSURANCE SERVICES INC 1301 DOVE ST., STE 200 ACCEPTANCE OF THIS ORDER IS EXPRESSLY NEWPORT BEACH, CA 92660 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/21/2016 V015557 RISK R47626 ED GARBO QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA SPECIAL EVENTS INSURANCE PREMIUM-FOURTH QUARTER 2015 3,577.74 3,577.74 Tax 0.00 PO Total 3,577.74 P131494; ALLIANT INSURANCE SERVICES INC; 1/21/2016 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-16-83 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131495 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 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 IBM REQUISITION #:REQUESTER: 01/21/2016 V024923 (619) 388 -3037 LIBART R47662 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 FOUR LECTURES ON THE HISTORY OF JAZZ MUS C PER CONTRACT 4,800.00 4,800.00 DATED 12/4/2015. Tax 0.00 PO Total 4,800.00 P131495; KSDS PUBLIC RADIO; 1/21/2016 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: 14F39F41-DE67-48E3-995F-B4A2D3CB5248 1/21/2016 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: 14F39F41-DE67-48E3-995F-B4A2D3CB5248 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-116 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131496 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:EN POINTE TECHNOLOGIES 1940 E. MARIPOSA AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY EL SEGUNDO, CA 90245 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: 01/22/2016 V001178 (800) 694 -4394 IT R47701 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE YEAR 2 MICROSOFT EA TRUE UP PER QUOTE :12142015-COC 6.00 EA EQLSVRENTCORE ALNG LICSAPK MVL 2LIC CORELIC 11,323.60 67,941.60 28.00 EA VISOPRO ALNG LICSAPK MVL 414.06 11,593.68 7.00 EA WINSVRDATACTR ALNG LICSPAK MVL 2PROC CORELIC 2,953.02 20,671.14 2.00 EA WINSVRDATE ALNG LICSAPK MVL 2PROC 5,070.52 10,141.04 AB 22,183 1/12/2016 Tax 0.00 PO Total 110,347.46 P131496; EN POINTE TECHNOLOGIES; 1/22/2016 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: 49CA20AF-16DE-4395-9D32-FF2F82E46091DocuSign Envelope ID: 9F7388F5-4C59-40DA-A1D1-AA8492F8C016 1/22/2016 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: 49CA20AF-16DE-4395-9D32-FF2F82E46091DocuSign Envelope ID: 9F7388F5-4C59-40DA-A1D1-AA8492F8C016 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-94 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131497 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:INFRASTRUCTURE ENGINEERING CORP. 301 MISSION AVENUE, STE 202 ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 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: 01/22/2016 V013708 (760) 529 -0785 CMWDENG R47680 Mark Biskup QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB PTD&FA #1 dated 1/11/16 for the preperation of "as 5,240.00 5,240.00 bur drawings for recycled water pipeline, expansion segment 8; Project No. 5208; Master Agreement dated 11/17/15. Tax 0.00 PO Total 5,240.00 P131497; INFRASTRUCTURE ENGINEERING CORP.; 1/22/2016 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: 0FFC7C82-3DDE-437D-8A29-0484D2960291 1/25/2016 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: 0FFC7C82-3DDE-437D-8A29-0484D2960291 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-91 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131498 SHIP TO:CMWD/OPERATIONS 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:STEVEN SMITH LANDSCAPE INC. 1916 COMMERCIAL 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: 01/22/2016 V023283 CMWDOPS R47672 Eric Sanders QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/11/16 for the removal of 10,580.00 10,580.00 trees at 1611 Buena Vista Way Tax 0.00 PO Total 10,580.00 P131498; STEVEN SMITH LANDSCAPE INC.; 1/22/2016 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: CF875554-00B2-4F8E-A4CD-90061CAC0295 1/25/2016 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: CF875554-00B2-4F8E-A4CD-90061CAC0295 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-128 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131499 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:PALOMAR SIGN COMPANY 5205 AVENIDA ENCINAS, STE G 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: 01/22/2016 V012720 (760) 431 -0767 CSDFLE R47719 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 F467-DCLS MGNTC,LTTRNG PARTS 581.00 581.00 1.00 F467-RMV & RNSTLL LTTRNG,DCLS LABOR 495.00 495.00 Tax 46.48 PO Total 1,122.48 P131499; PALOMAR SIGN COMPANY; 1/22/2016 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-16-37 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131462 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:GM BUSINESS INTERIORS 110 WEST A STREET, STE 140 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 ID#:REQUISITION #:REQUESTER: 01/19/2016 V017179 (619) 518 -4488 CMWDENG R47506 Ligeia Heagy QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA work station -Lindsey 578.78 578.78 2-2way connectors 1 -power cover 1 -support panel 2-overheads 2-finish ends Quote -117456 1.00 Taxable Services 155.31 155.31 1.00 Non-Taxable Services 2,183.37 2,183.37 Tax 58.72 PO Total 2,976.18 P131462; GM BUSINESS INTERIORS; 1/19/2016 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: 5AA2F4C2-6633-4F2A-8CBD-1AC47C7A0A84 1/19/2016 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: 5AA2F4C2-6633-4F2A-8CBD-1AC47C7A0A84 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-38 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131463 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:BMW MOTORCYCLES OF NORTH COUNTY 499 N HALE AVE 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: 01/19/2016 V011825 (760) 520 -1288 CSDFLE R47592 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 A438-CLTCH,GSKT,FLTR PARTS 1,085.62 1,085.62 1.00 A438-PM SRVC,RPLC CLTCH LABOR 563.50 563.50 1.00 A438-HZRDS WST 3.50 3.50 Tax 86.85 PO Total 1,739.47 P131463; BMW MOTORCYCLES OF NORTH COUNTY; 1/19/2016 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-15-192 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131401 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION 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:SOUTHERN CAL SOIL & TESTING 6280 RIVERDALE STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92120 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 10#:REQUISITION #:REQUESTER: 01/08/2016 V020627 (619) 280 -4321 TRANSOM!R47510 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO FOR TESTING SERVICES ON PROJECT NO. 5006 TRI 64,000.00 64,000.00 AGENCIES WATER TRANSMISSION PIPELINE REACH 2 PHASE 1 PER AS-NEEDED CONTRACT DATED 10/2/2012. Tax 0.00 PO Total 64,000.00 P131401; SOUTHERN CAL SOIL & TESTING; 1/8/2016 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: E5AAE344-24EA-4EC5-90D1-15CF57C8455F 1/11/2016 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: E5AAE344-24EA-4EC5-90D1-15CF57C8455F City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-127 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131500 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:DION INTERNATIONAL 5255 FEDERAL BOULEVARD ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92105 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/22/2016 V002403 (619) 263 -2261 CSDFLE R47718 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 5649-TRBCHRGR,TRNSMSSN DPSTCK,MISC.PARTS 2,246.45 2,246.45 1.00 S649-ENGN DGNSTC,RPLC TRBCHRGR,TRNSMSSN DPSTCK LABOR 1,070.30 1,070.30 1.00 S649-FREIGHT PARTS 285.00 285.00 Tax 179.72 PO Total 3,781.47 P131500; DION INTERNATIONAL; 1/22/2016 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-16-112 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131501 SHIP TO:CITY OF CARLSBAD MAIL INVOICE IN DUPLICATE TO: 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, 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 IBM REQUISITION #:REQUESTER: 01/22/2016 V021290 FAR R47693 A.ROACH/S.SAINZ QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PRICE PER ATTACHED QUOTE # 24627 DATED 1 -13 -2016 1.00 JOB TO PRINT 1000 COPIES OF CITY OF CARLSBAD CONSTRUCTION 1,549.00 1,549.00 AND DEMOLITION RECYCLING GUIDE AS PER QUOTE 24627 DATED 01-13-2016. Tax 123.92 PO Total 1,672.92 P131501; ZUZA;1/22/2016 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: BC764CB3-DA2F-4191-9890-8787D7807A8B 1/22/2016 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: BC764CB3-DA2F-4191-9890-8787D7807A8B City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-60 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131502 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: 01/22/2016 V781000 (858) 566 -1900 IT R47620 VALERIE FISHER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 130182 -1 DATE: 12/23/2015 EXPIRES: 1/31/2016 1.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 197.01 1.00 EA E-WASTE FEE 4.00 4.00 NASPO CONTRACT #MNWNC -115 CA PARTICIPATING ADDENDUM # 7-15 -70 -34 -001 CARLSBAD HELP DESK TICKET NO. IN -00013454 Tax 15.76 PO Total 216.77 P131502; TECHNOLOGY INTEGRATION GROUP; 1/22/2016 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: CCC77F94-1B26-4EEB-B86F-8C931DC696A7 1/22/2016 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: CCC77F94-1B26-4EEB-B86F-8C931DC696A7 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-129 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131503 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:RICHER AUTO & TRUCK ELEC. CO. 2372-B INDUSTRY STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/22/2016 V2372 (619) 757 -1201 CSDFLE R47720 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 STOCK-ALTRNTRS FRTRCKS PARTS 984.86 984.86 1.00 STOCK-FREIGHT PARTS 25.00 25.00 Tax 78.79 PO Total 1,088.65 P131503; RICHER AUTO 8 TRUCK ELEC. CO.: 1/22/2016 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-16-102 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131504 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:THE DOOR COMPANY 2345 ALTA VISTA DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VISTA, CA 92084 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: 01/22/2016 V015287 (760) 295 -2851 TRNCTR R47670 Jason Kennedy QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/11/16 for Door Preventative 8,000.00 8,000.00 Maintenance and Repair Services. Tax 0.00 PO Total 8,000.00 P131504; THE DOOR COMPANY; 1/22/2016 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: A7E1B6DC-C1E0-46A9-9C3D-43426C1610C5 1/25/2016 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: A7E1B6DC-C1E0-46A9-9C3D-43426C1610C5 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-124 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131505 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:BRISTOLITE 401 E.GOETZ AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY SANTA ANA, CA 92707 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: 01/22/2016 V025783 (714) 540 -8950 PEM R47715 RICHARDSON/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 5.00 EA SKYLIGHTS, AS PER QUOTE 45249 DATED 352.00 1,760.00 1/15/16 FOR VILLAGE ARTS A4416 -006441-A 4689 -AL -SF-1 -STM-MF 1.00 EA DELIVERY 50.00 50.00 Tax 144.80 PO Total 1,954.80 P131505; BRISTOLITE; 1/22/2016 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: 466C8998-090C-47B2-AA4C-48F2233F7D0A 1/22/2016 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: 466C8998-090C-47B2-AA4C-48F2233F7D0A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-110 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131506 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 3860 HELIX ST., APT 10 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SPRING VALLEY, CA 91977 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: 01/22/2016 V024062 (619) 708 -9720 CSDFLE R47694 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 A460-OUTFIT,LED'S,SPKRS,SIREN,RCKR SWTCH ETC: PARTS 1,778.62 1,778.62 18.00 A460-OUTFIT,LEDS,SPKRS,SIREN,RCKR SWTCH ETC.-LABOR 65.00 1,170.00 Tax 142.29 PO Total 3,090.91 P131506; JOE D. MOBILE INSTALLS; 1/22/2016 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: 17E8A883-E582-42BB-B3E7-3D93605B1E9E 1/22/2016 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: 17E8A883-E582-42BB-B3E7-3D93605B1E9E City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-119 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131507 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:TANKO LIGHTING C/O SOUTH COAST LIGHTING & DESIGN ACCEPTANCE OF THIS ORDER IS EXPRESSLY 232 AVENIDA FABRICANTE #109 LIMITED TO THE TERMS AND CONDITIONS SAN CLEMENTE, CA 92672 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/22/2016 V025784 (949) 276 -8855 TRANSOAK R47707 JOHN MAASHOFF QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 10.00 EA TANK 85 W INDUCTION COBRAHEAD 4K 120V 325.00 3,250.00 1.00 EA FREIGHT CHARGES 1,500.00 1,500.00 QUOTE 888-4703 CARLSBAD-TANKO INDUCTION COBRAHEADS DATE 1/14/1 QUOTE NOTE: MAKE po OUT TO TANKO LIGHTING C/O SOUTH COAST LIGHTING & DESIGN 232 AVENIDA FABRICANTE #109, SAN CLEMENTE CA 92672 QUOTES@SOUTHCOASTLTG.COM 949-276-8850 (P) 949-276-8855 (F) Tax 260.00 PO Total 5,010.00 P131507; TANKO LIGHTING; 1/22/2016 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: 3FEDB1BF-F1DE-44BE-B4EF-92A634EFB0C9 1/25/2016 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: 3FEDB1BF-F1DE-44BE-B4EF-92A634EFB0C9 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-89 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131508 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION 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:HELIX ENVIRONMENTAL PLANNING INC SUITE 200 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 7578 EL CAJON BLVD LIMITED TO THE TERMS AND CONDITIONS LA MESA, CA 91941 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/22/2016 V008111 (619) 462 -1515 TRANSOM!R47674 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO FOR ARCHAEOLOGICAL MONITORING SERVICES ON 3957,73,500.00 73,500.00 ECR WIDENING TAMARACK TO CHESTNUT PER CONTRACT DATED 12/23/2015. Tax 0.00 PO Total 73,500.00 P131508; HELIX ENVIRONMENTAL PLANNING INC; 1/22/2016 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: 5611C372-619D-4761-B219-801972777AF3 1/25/2016 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: 5611C372-619D-4761-B219-801972777AF3 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-107 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131509 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:CONSOLIDATED ELECTRICAL DIST DBA CALIFORNIA ELECTRIC SUPPLY ACCEPTANCE OF THIS ORDER IS EXPRESSLY 1011 BAY BLVD LIMITED TO THE TERMS AND CONDITIONS CHULA VISTA, CA 91911 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/22/2016 V610600 (619) 427 -2370 TRANSOAK R47687 JOHN MAASHOFF QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 10.00 EA PO TO PAY INVOICE 1069-703593 DTD 12/23/15. PRODUCT HAS 364.00 3,640.00 BEEN RECEIVED. MSCL84Q1E21FSC3537 85 W 120V 4K Tax 291.20 PO Total 3,931.20 P131509; CONSOLIDATED ELECTRICAL DIST; 1/22/2016 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-16-106 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131510 SHIP TO:MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MARK THOMAS & CO. INC. 7300 FOLSOM BLVD., STE 203 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SACRAMENTO, CA 95826 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/25/2016 V021668 (916) 381 -9180 TRANS R47690 Lolly Sangster QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/13/16 for Tamarack Avenue 27,000.00 27,000.00 and Carlsbad Blvd Pedestrian Improvements. Tax 0.00 PO Total 27,000.00 P131510; MARK THOMAS 8 CO. INC.; 1125/2016 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: 6A8A6EC1-E5EC-4F22-9CDB-6556565A59D2 1/25/2016 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: 6A8A6EC1-E5EC-4F22-9CDB-6556565A59D2 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-106 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131510 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:MARK THOMAS & CO. INC. 7300 FOLSOM BLVD., STE 203 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SACRAMENTO, CA 95826 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: 01/25/2016 V021668 (916) 381 -9180 TRANS R47690 Lolly Sangster QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/13/16 for Tamarack Avenue 27,000.00 27,000.00 and Carlsbad Blvd Pedestrian Improvements. Tax 0.00 PO Total 27,000.00 P131510; MARK THOMAS 8 CO. INC.; 1/25/2016 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: 0DA49F8F-A350-47D0-B004-13C3CA21BC6E 1/25/2016 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: 0DA49F8F-A350-47D0-B004-13C3CA21BC6E City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-105 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131511 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:WHITE CAP CONST. SUPPLY 505 CORPORATE DRIVE 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 ID#:REQUISITION #:REQUESTER: 01/25/2016 V018466 (760) 438 -2292 TRANSOAK R47686 JOHN MAASHOFF QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 2" 187GPM 163CC TRASH PUMP HONDA 1,199.99 1,199.99 1.00 EA 2"X513'PVC THREADED DISCHARGE HOSE 62.99 62.99 1.00 EA 2" METAL HOSE STRAINER 14.49 14.49 1.00 EA 2"X20' SUCTION HOSE THREADED ENDS 67.79 67.79 QUOTE 19326629 DTD 1/13/16 VALID THRU 2/14/16 J. VAUGHN -SALES 760-438-2292 PO CREATED BY MULLINER,C Tax 107.62 PO Total 1,452.88 P131511; WHITE CAP CONST. SUPPLY; 1/25/2016 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: 7B11EC80-780A-4F1B-B085-88D4095EE438 1/25/2016 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: 7B11EC80-780A-4F1B-B085-88D4095EE438 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-101 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131512 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:ATKINS NORTH AMERICA INC. SUITE 300 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 3570 CARMEL MOUNTAIN ROAD LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92130 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/25/2016 V020768 (858) 874 -1810 TRANS R47676 Brandon Miles QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original ratification of agreement dated 1/11/16 for El 5,760.00 5,760.00 Camino Real Widening Construction Monitoring Services. Tax 0.00 PO Total 5,760.00 P131512; ATKINS NORTH AMERICA INC.; 1/25/2016 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: 76EEB8F2-A84F-4A24-B37D-9F1301B18F15 1/25/2016 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: 76EEB8F2-A84F-4A24-B37D-9F1301B18F15 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-108 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131513 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:CONSOLIDATED ELECTRICAL DIST DBA CALIFORNIA ELECTRIC SUPPLY ACCEPTANCE OF THIS ORDER IS EXPRESSLY 1011 BAY BLVD LIMITED TO THE TERMS AND CONDITIONS CHULA VISTA, CA 91911 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/25/2016 V610600 (619) 427 -2370 TRANSOAK R47691 JOHN MAASHOFF QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 10.00 EA PO FOR PAYMENT ON PRODUCT RECEIVED.364.00 3,640.00 INV 1069-703778 DTD 12/29/15 MSCL84Q1E21FSC3537 85W 120V 4K Tax 291.20 PO Total 3,931.20 P131513; CONSOLIDATED ELECTRICAL DIST; 1/25/2016 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-16-99 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131514 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:WEST COAST ARBORISTS INC 2200 EAST VIA BARTON ST.ACCEPTANCE OF THIS ORDER IS EXPRESSLY ANAHEIM, CA 92806 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: 01/25/2016 V000506 (714) 991 -1900 TRANS R47669 Sherri Howard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original Agreement dated 1/11/16 for Maintenance 3,790.00 3,790.00 Services for Tree Removal ECR and CVD. Tax 0.00 PO Total 3,790.00 P131514; WEST COAST ARBORISTS INC; 1125/2016 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: C10C9250-2625-4425-96D3-5B1C6FB4CDEE 1/25/2016 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: C10C9250-2625-4425-96D3-5B1C6FB4CDEE City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-58 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131515 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: 01/25/2016 V781000 (858) 566 -1900 IT R47616 PETER DREIBELBIS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE NO. 130182 -1 DATE: 12/23/2015 EXPIRES: 1/31/2016 1.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 197.01 1.00 E-WASTE FEE 4.00 4.00 NASPO CONTRACT #MNWNC -115 CA PARTICIPATING ADDENDUM #7 -15 -70 -34-001 CARLSBAD TICKET NO.IN-00013463 Tax 15.76 PO Total 216.77 P131515; TECHNOLOGY INTEGRATION GROUP; 1/25/2016 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: 333B7EC9-081E-4696-9680-23AF605E50DD 1/25/2016 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: 333B7EC9-081E-4696-9680-23AF605E50DD City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-125 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131516 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:SYBASE INC. ONE SYBASE DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY DUBLIN, CA 94568 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/25/2016 V021226 (925) 236 -7645 IT R47716 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA SYBASE RENEWAL ENTERPRISE SUPPORT 10/30/2015 -1,793.60 1,793.60 10/29/2016 Tax 0.00 PO Total 1,793.60 P131516; SYBASE INC.; 1/25/2016 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-16-123 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131517 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:SAP AMERICA INC. 3999 WEST CHESTER PIKE ACCEPTANCE OF THIS ORDER IS EXPRESSLY NEWTOWN SQUARE, PA 19073 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: 01/25/2016 V019628 (610) 492 -2745 IT R47713 SWAPNIL JADHAV QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA SAP BUSINESS OBJECT BI SUITE -SAP SOLUTION MANGER 29,740.95 29,740.95 ENTERPRISE EDITION -NET LICENSE FEE PER SOFTWARE LICENSE AND SUPPORT AGREEMENT DATED DEC. 31, 2015 Tax 0.00 PO Total 29,740.95 P131517; SAP AMERICA INC.; 1/25/2016 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-16-84 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131518 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 #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/25/2016 V002420 (800) 998 -2775 IT R47661 DOUG KAPPEL QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER PROPOSAL NUMBER 2102071408 DATE: 1/12/2016 30.00 EA IPAD AIR 2 WI-Fl +CELLULAR FOR APPLE 709.00 21,270.00 1.00 EA RECYCLE FEE 90.00 90.00 30.00 EA 2-YEAR APPLECARE+ FOR IPAD 79.00 2,370.00 ONLINE ORDER APPLE FOR GOV'T Tax 1,701.60 PO Total 25,431.60 P131518; APPLE INC; 1/25/2016 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. City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-143 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131519 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:PRIORITY NEOPOST 1843 WESTERN WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY TORRANCE, CA 90501 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/25/2016 V023621 FIN R47743 MARIE KOO QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA ONSITE CALL TO RELOAD G2 ON NEW PC 1,185.00 1,185.00 FOR EQUIPMENT NUMBER SDEQ4589 (MAILROOM) Tax 0.00 PO Total 1,185.00 P131519; PRIORITY NEOPOST; 1/25/2016 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. 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: 5BAEC48D-C1D3-4668-8393-5146DED610DB City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-12 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131521 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: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 ID#:REQUISITION #:REQUESTER: 01/25/2016 V025335 COMDEV R47573 MICHELE MASTERSON QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PROFESSIONAL CONSULTANT SERVICES FOR THE COMPLETION OF 583,000.00 583,000.00 A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE ZCA 15-04/LCPA 15-07 PER AGREEMENT DATED 10/22/2015 IN HPRM Tax 0.00 PO Total 583,000.00 P131521; MICHAEL BAKER INTERNATIONAL INC.; 1/25/2016 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: 938E776E-FF74-4E93-BF63-F7A920047E6E 1/25/2016 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: 938E776E-FF74-4E93-BF63-F7A920047E6E City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-187 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131522 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:HETHERINGTON ENGINEERING INC 5365 AVENIDA ENCINAS, STE A ACCEPTANCE OF THIS ORDER IS EXPRESSLY CARLSBAD, CA 92008-4369 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/25/2016 V5245 COMDEV R47769 JASON GELDERT QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA GEOTECHNICAL ENGINEERING SERVICES FOR DWG4028B PD15013 1,700.00 1,700.00 PER LOG NO. 18072. MASTER AGREEMENT DATED 5/19/2015. Tax 0.00 PO Total 1,700.00 P131522; HETHERINGTON ENGINEERING INC; 1/25/2016 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: FC15A209-2084-4DFD-A6CE-4ECE390B7411 1/25/2016 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: FC15A209-2084-4DFD-A6CE-4ECE390B7411 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-156 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131523 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:SIGN STUDIO 7160 CONVOY COURT 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 #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/25/2016 V022895 (858) 569 -7445 CSDPAR R47756 KLANCASTER QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PAY ONLY FOR SIGNS CREATED FOR RECYCLED WATER FOR 9,071.64 9,071.64 INVOICE #10512. Tax 0.00 PO Total 9,071.64 P131523; SIGN STUDIO; 1/25/2016 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-16-134 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131525 SHIP TO:UTILITIES DEPT. WATER DIVISION 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 ID#:REQUISITION #:REQUESTER: 01/26/2016 V016714 (858) 391 -5958 UTILWTR R47727 TIMOTHY SMITH QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA 2065 CLOW HYDRANT,COMMERCIAL 2,505.00 2,505.00 BID NO. B261523 DATED 1/14/16 ITEM #CL02065SD, 2065 BRZ SD HYD 1.00 EA NO FREIGHT CHARGE 0.00 0.00 Tax 200.40 PO Total 2,705.40 P131525; FERGUSON WATERWORKS; 1/26/2016 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: F4BCA2EC-3198-464B-B2B0-CA4D12DB3247 1/26/2016 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: F4BCA2EC-3198-464B-B2B0-CA4D12DB3247 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-138 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131526 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:XYLEM WATER SOLUTIONS U.S.A. INC 11161 HARREL STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY MIRA LOMA, CA 91752 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: 01/26/2016 V021756 (951) 332 -3668 UTILWW R47729 JESSE CASTANEDA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 EA IMPELLER, CANNON LS 4,259.00 8,518.00 #481 72 05 IMPELLER,C HT 375MM CI 3300 QUOTE #2016-LAB-0034 DATED 1/18/16 3.00 EA SLEEVE UNIT, CANNON LS 573.00 1,719.00 #721 17 00 5.00 EA FLOATS,ALL LIFT STATIONS 323.00 1,615.00 #582 88 30 SENSOR,ENM-10 0.95-1.1 40' 4.00 EA BUSHINGS,CHINQUAPIN LS 7.00 28.00 #255 47 00 GUIDE RAIL BUSHINGS -2" GR SLEEVE,NBR 1.00 EA IMPELLER,CHINQUAPIN LS 2,255.00 2,255.00 #704 23 43 IMPELLER,N HT CODE 488 HC 1.00 EA FREIGHT CHARGE 389.00 389.00 Tax 1,130.80 PO Total 15,654.80 P131526; XYLEM WATER SOLUTIONS U.S.A. INC; 1/26/2016 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: 7B093F21-2889-49E4-9983-EB808438022C 1/26/2016 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: 7B093F21-2889-49E4-9983-EB808438022C City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-146 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131527 SHIP TO:CALAVERA HILLS PARK MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2997 GLASGOW DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:AWARD SOURCE INC. 1824-A OCEANSIDE BLVD ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V011707 (760) 966 -0039 CSDCAL R47745 SHERRERA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 6.00 EA JDS GOLD RESIN BASKETBALL SBR251 ON JDS BLACK MARBLE 150.00 900.00 BASE BKB4 WITH GOLD SUBLIMINATED PLATE 104.00 EA SIMBA WCM 1ST & 2ND PLACE MEDALS WITH SUELIMITED PLATE 6.50 676.00 & PLACE COLOR NECKBANDS (52 OF EACH PLACE) Tax 126.08 PO Total 1,702.08 P131527; AWARD SOURCE INC.; 1/26/2016 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: A6C0EA5D-2F0D-446A-893B-F55122A915E1 1/26/2016 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: A6C0EA5D-2F0D-446A-893B-F55122A915E1 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-152 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131528 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:XYLEM WATER SOLUTIONS U.S.A. INC 11161 HARREL STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY MIRA LOMA, CA 91752 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: 01/26/2016 V021756 (951) 332 -3668 UTILWW R47754 JESSE CASTANEDA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA VOLUTE, CANNON SWR LS 5,877.00 5,877.00 #704 58 03, VOLUTE, 6" UVF FV DVB CI VOLUTE 3301 PUMP QUOTE 2016-LAB -0043 DATED 1/20/16. 1.00 EA FREIGHT CHARGE 235.00 235.00 Tax 470.16 PO Total 6.582.16 P131528; XYLEM WATER SOLUTIONS U.S.A. INC; 1/26/2016 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: 7AF312D5-700C-46EF-95F4-B6FA0CB8E493 1/26/2016 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: 7AF312D5-700C-46EF-95F4-B6FA0CB8E493 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-142 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131529 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:MISSION COMMUNICATIONS LLC 3060 BUSINESS PARK DR., STE C ACCEPTANCE OF THIS ORDER IS EXPRESSLY NORCROSS, GA 30071-5400 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V024641 (678) 969 -0541 UTILWW R47741 JESSE CASTANEDA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA ANNUAL SVC PKGS,4 SWR LS'S 2,493.60 2,493.60 INVOICE #1000063 DATED 1/7/2016 Tax 0.00 PO Total 2,493.60 P131529; MISSION COMMUNICATIONS LLC; 1/26/2016 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-16-144 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131530 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:STATEWIDE STRIPES INC P 0 BOX 600710 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92160 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: 01/26/2016 V020687 TRANS R47744 Tony Ulloa QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Minor Public Works contract dated 1/15/16 for Cole 10,550.00 10,550.00 Library Parking Lot Seal and Striping. Tax 0.00 PO Total 10,550.00 P131530; STATEWIDE STRIPES INC; 1/26/2016 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: C2DE6CC8-09AD-40B8-8F97-53DCC472F3ED 1/26/2016 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: C2DE6CC8-09AD-40B8-8F97-53DCC472F3ED City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-145 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131531 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:CALIFORNIA VALLEY CONSTRUCTION 4076 NORTH HAMMEL WAY ACCEPTANCE OF THIS ORDER IS EXPRESSLY FRESNO, CA 93727 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: 01/26/2016 V025786 (559) 352 -6363 PEM R47746 Steve Didier QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Minor Public Works Contract dated 1/15/16 for Cole 7,300.00 7,300.00 Library Service Desk Installation. Tax 0.00 PO Total 7,300.00 P131531; CALIFORNIA VALLEY CONSTRUCTION; 1/26/2016 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: FEB6A922-A6BD-49A6-9A24-CE2D711D604B 1/26/2016 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: FEB6A922-A6BD-49A6-9A24-CE2D711D604B City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-172 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131532 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:YAMADA ENTERPRISES 16552 BURKE LANE ACCEPTANCE OF THIS ORDER IS EXPRESSLY HUNTINGTON BEACH, CA 92647-4538 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: 01/26/2016 V18582 (800) 444 -4594 PEM R47782 Steve Didier QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Minor Public Works Contract dated 1/25/16 for Cole 6,329.08 6,329.08 Library Custom Shelves and Countertop Installation. Tax 0.00 PO Total 6,329.08 P131532; YAMADA ENTERPRISES; 1/26/2016 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: C4B31AD9-8DE2-4A78-9DB5-8C209F72D870 1/26/2016 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: C4B31AD9-8DE2-4A78-9DB5-8C209F72D870 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-150 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131533 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:HABITAT RESTORATION SCIENCES 4901 EL CAMINO REAL STE D 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: 01/26/2016 V018393 (760) 479 -4210 TRANS R47747 Sherri Howard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/15/16 for Erosion Control 29,500.00 29,500.00 Services -Agua Hedionda Creek. Tax 0.00 PO Total 29,500.00 P131533; HABITAT RESTORATION SCIENCES; 1/26/2016 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: DFD0FE31-7137-4AE4-84C2-08F9FD1BF99D 1/26/2016 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: DFD0FE31-7137-4AE4-84C2-08F9FD1BF99D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-130 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131534 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:RICHER AUTO & TRUCK ELEC. CO. 2372-B INDUSTRY STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V2372 (619) 757 -1201 CSDFLE R47722 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 F332-DL ALTRNTR KT,AMP HP ALTRNTR PARTS 1,006.79 1,006.79 Tax 80.54 PO Total 1,087.33 P131534; RICHER AUTO 8 TRUCK ELEC. CO.: 1/26/2016 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-16-132 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131535 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR: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 ID#:REQUISITION #:REQUESTER: 01/26/2016 V019923 (760) 291 -0020 CSDFLE R47724 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 A973-PAINT,PRIMER PARTS 278.50 278.50 1.00 A973-QUTR PNL RPR LABOR 862.89 862.89 Tax 22.28 PO Total 1,163.67 P131535; SAN DIEGO AUTO BODY & PAINT; 1/26/2016 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-16-131 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131536 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ROMAINE ELECTRIC P 0 BOX 5069 ACCEPTANCE OF THIS ORDER IS EXPRESSLY KENT, WA 98064 -5069 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V020208 (425) 264 -1750 CSDFLE R47723 SARA JACOBS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 F084-ALTRNTR PD MNT PARTS 1,092.31 1,092.31 Tax 87.38 PO Total 1,179.69 P131536; ROMAINE ELECTRIC; 1/26/2016 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-16-135 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131537 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:WESTERN PUMP INC 3235 F STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92102 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V036300 (619) 239 -9988 CSDFLE R47728 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 SHOP-VEHICLE HOIST INSPECTION & REPAIRS 1,155.00 1,155.00 Tax 0.00 PO Total 1,155.00 P131537; WESTERN PUMP INC; 1/26/2016 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-16-155 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131538 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:BROWN REYNOLDS WATFORD ARCHITECTS 1620 MONTGOMERY ST., STE 320 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN FRANCISCO, CA 94111 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: 01/26/2016 V025789 (415) 749 -2670 TRNCTR R47758 Jason Kennedy QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/19/16 for Firearms Range 26,000.00 26,000.00 Noise Attenuation Design Services. Tax 0.00 PO Total 26,000.00 P131538; BROWN REYNOLDS WATFORD ARCHITECTS; 1/26/2016 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: 99C297A6-01D6-4B20-85F6-0FF8EC29D3EF 1/26/2016 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: 99C297A6-01D6-4B20-85F6-0FF8EC29D3EF City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-137 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131539 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 3860 HELIX ST., APT 10 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SPRING VALLEY, CA 91977 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: 01/26/2016 V024062 (619) 708 -9720 CSDFLE R47731 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 18.00 F8640-CA-OES-CUSTOM RADIO INSTALL 800MHZ 65.00 1,170.00 1.00 F8640-MISC PARTS-SCREWS,NUTS,BOLTS ETC.50.00 50.00 Tax 0.00 PO Total 1,220.00 P131539; JOE D. MOBILE INSTALLS; 1/26/2016 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-16-186 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131540 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:BARTEL & ASSOCIATES LLC 411 BOREL AVENUE STE 101 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN MATEO, CA 94402-3519 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V018243 (650) 345 -8057 FIN R47734 C.MCBRIDE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA AGREEMENT FOR BENEFIT CONSULTING AND ACTUARIAL SERVICES 7,000.00 7,000.00 CONTRACT DATED 12/18/15 Tax 0.00 PO Total 7,000.00 P131540; BARTEL & ASSOCIATES LLC; 1/26/2016 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: 61DBBEC3-A6DA-4E01-83C9-8A5ED8B09F4F 1/26/2016 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: 61DBBEC3-A6DA-4E01-83C9-8A5ED8B09F4F City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-185 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131541 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:SAP AMERICA INC. 3999 WEST CHESTER PIKE ACCEPTANCE OF THIS ORDER IS EXPRESSLY NEWTOWN SQUARE, PA 19073 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: 01/26/2016 V019626 (610) 492 -2745 IT R47714 SWAPNIL JADHAV QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA SAP ENTERPRISE SUPPORT PER AGREEMENT DATED DEC. 31,14,201.65 14,201.65 2015 Tax 0.00 PO Total 14,201.65 P131541; SAP AMERICA INC.; 1/26/2016 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-16-136 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131542 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 3860 HELIX ST., APT 10 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SPRING VALLEY, CA 91977 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: 01/26/2016 V024062 (619) 708 -9720 CSDFLE R47730 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 F467-CUSTOM OUTFIT, LED LIGHTS,SPEAKER,ETC. PARTS 1,548.69 1,548.69 34.00 F467-OUTFITTING & CUSTOM FAB LABOR 65.00 2,210.00 1.00 F467-SHIPPING 87.90 87.90 Tax 123.90 PO Total 3,970.49 P131542; JOE D. MOBILE INSTALLS; 1/26/2016 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-16-141 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131543 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:FEHR & PEERS INC 555 W. BEECH ST., STE 302 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92101-2939 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: 01/26/2016 V018242 (949) 859 -3200 TRANS R47735 Doug Bilse QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB PAY ONLY 1,470.00 1,470.00 Pay invoice #101331 dated 6/19/2015 for a total of $1,470 for work that took place for the period of April 25,2015 -May 29,2015. Tax 0.00 PO Total 1,470.00 P131543; FEHR & PEERS INC; 1/26/2016 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-16-158 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131545 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:LSA ASSOCIATES INC SUITE 200 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 20 EXECUTIVE PARK LIMITED TO THE TERMS AND CONDITIONS IRVINE, CA 92614 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/26/2016 V015021 (949) 533 -0666 TRANS R47760 Brandon Miles QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/19/16 for Environmental 29,985.00 29,985.00 Services Over Agua Hedionda Creek at El Camino Real. Tax 0.00 PO Total 29,985.00 P131545; LSA ASSOCIATES INC: 1/26/2016 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: 1E7FC562-84E7-457E-A88A-D5EB07B1C68D 1/26/2016 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: 1E7FC562-84E7-457E-A88A-D5EB07B1C68D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-151 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131546 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION 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:HARRIS & ASSOCIATES 750 B STREET, STE 1800 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 ID#:REQUISITION #:REQUESTER: 01/26/2016 V008024 TRANSOM!R47751 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO FOR INSPECTION SERVICES ON PROJECT NO.143,888.00 143,888.00 6001-15SS, 2015 SLURRY SEAL, PER THE AS-NEEDED AGREEMENT DATED 10/2/2012 Tax 0.00 PO Total 143,888.00 P131546; HARRIS & ASSOCIATES; 1/26/2016 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: 0B4FE29F-4672-4D26-B0B0-D7076E90A685 1/26/2016 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: 0B4FE29F-4672-4D26-B0B0-D7076E90A685 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-160 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131547 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: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: 01/26/2016 V013126 (858) 692 -0760 TRANS R47763 Sherri Howard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/19/16 for Agua Hedionda 29,500.00 29,500.00 Creek Channel Stream Bank Restoration project. Tax 0.00 PO Total 29,500.00 P131547; CHANG CONSULTANTS; 1/26/2016 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: B3B15934-B5D8-411D-A266-3674691EF51F 1/26/2016 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: B3B15934-B5D8-411D-A266-3674691EF51F City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-147 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131548 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:LUCITY INC. 10561 BARKLEY ST., STE 100 ACCEPTANCE OF THIS ORDER IS EXPRESSLY OVERLAND PARK, KS 66212 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/26/2016 V021554 (913) 341 -3105 IT R47748 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA CONSTANT CONNECTION PROGRAM 1,681.00 1,681.00 2/1/2016 -1/31/2017 1 SEAT FOR STREETS & ROADS 1 SEAT OF PAVEMENT ANALYSIS 1 SEAT OF GIS DESKTOP Tax 0.00 PO Total 1,681.00 P131548; LUCITY INC.; 1/26/2016 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-16-154 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131549 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:CDW GOVERNMENT 230 N MILWAUKEE AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY VERNON HILLS,IL 60061 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: 01/27/2016 V006105 (866) 339 -0354 IT R47757 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOT GSJP794 DATE: 1/11/2016 1.00 EA FIRE WALL 11,973.00 11,973.00 F5 PEEMIUM SVC NJPA 100614#CDW TECHNOLOGY CATALOG 1.00 EA F5 PERIMIUM SVC 11,973.00 11,973.00 CONTRACT: NJPA 100614#CDW TERM OF SERVICE IS FOR 1/15/2016 -1/14/2017 Tax 0.00 PO Total 23,946.00 P131549; CDW GOVERNMENT; 1/27/2016 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: 2072B341-DA0E-483D-B9B6-6F0EE1B72740 1/27/2016 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: 2072B341-DA0E-483D-B9B6-6F0EE1B72740 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-133 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131550 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:PORTABLECOMPUTERSYSTEMS 1200 W. MISSISSIPPI AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY DENVER, CO 80223 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/27/2016 V017178 (480) 539 -4590 IT R47726 MARIA CALLANDAR QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PROPOSAL 14834/1 FOR: CARLSBAD POLICE DEPARTMENT DATE: 1/6/2016 VALID DATE: 2/5/2016 NIPA CONTRACT PRICING #CNR-04540-V37T-120471 9.00 EA RUGGEDIZED LAPTOPS -WIN7, 16, 4GB 4,391.00 39,519.00 9.00 EA PRE-INSTALLED 4G MEMORY 148.00 1,332.00 9.00 EA PANANSONIC TOUGHBOOK ONE YEAR WARRANTY EXTNSION (YEAR 189.00 1,701.00 4) 9.00 EA CALIFORNIA LCD RECYCLING FEE 3.00 27.00 Tax 3,268.08 PO Total 45,847.08 P131550; PORTABLECOMPUTERSYSTEMS; 1/27/2016 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: 7F560DD4-3AE2-44C8-8D40-72EFF27A2FE8DocuSign Envelope ID: 3D3314A4-E9F0-49BB-A873-D30D9202AD5F 1/27/2016 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: 7F560DD4-3AE2-44C8-8D40-72EFF27A2FE8DocuSign Envelope ID: 3D3314A4-E9F0-49BB-A873-D30D9202AD5F City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-183 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131551 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:MOTOPORT USA 340 RANCHEROS DR, STE 184 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 tt:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/27/2016 V023355 (760) 752 -1048 POLADM R47798 JEFF SMITH QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 EA 102507 -DRK BLU: MOTOR BREECHES --DARK BLUE -CUSTOM 469.00 938.00 2.00 EA ZIPPER 03:ZIPPER/VELCRO CUFF CLOSURE 29.00 58.00 2.00 EA REFLECTIVE 06:V BLACK REFLECTIVE ON ENTIRE LEG 49.00 98.00 4.00 EA POCKET 05:REIGHT AND LEFT SAP POCKET 19.00 76.00 1.00 EA 200505:APS ARMOR UPGRADE-PAINT SET 99.00 99.00 1.00 EA 102300 -00 -CUST:MOTOPORT AIR MESH JACKET-BLK.494.00 494.00 4.00 EA PATCH 02:VELCRO ON PROVIDED PATCH 7.50 30.00 1.00 EA POCKET 08:RIGHT PEN HOLDER POCKET 19.00 19.00 1.00 EA 102387 -CUST:WAITCUT JACKET LINER N/T 129.00 129.00 Tax 155.28 PO Total 2,096.28 P131551; MOTOPORT USA; 1/27/2016 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: 88923F55-F839-45AF-9799-0A974CE99865 1/27/2016 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: 88923F55-F839-45AF-9799-0A974CE99865 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-164 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131552 SHIP TO:FIRE DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:GM BUSINESS INTERIORS 110 WEST A STREET, STE 140 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 ID#:REQUISITION #:REQUESTER: 01/27/2016 V017179 (619) 518 -4488 FIREADM R47767 RANDY METZ QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 ANTI FATIGUE MAT -(4) EA GLOBAL INDUSTRIAL 24X36 ANTI FATIGUE MATS 479.76 479.76 1.00 (4) EA HAT ELECTRIC SIT TO STAND TABLE BASES 2,110.08 2,110.08 1.00 (5) EA HERMAN MILLER FLO SINGLE SCREEN MONITOR ARMS, SURF CLAMP 814.20 814.20 1.00 Z G/M SERVICES -NON TAXABLE 917.68 917.68 1.00 Z G/M SERVICES -TAXABLE 78.01 78.01 1.00 FREIGHT 25.00 25.00 Tax 280.57 PO Total 4,705.30 P131552; GM BUSINESS INTERIORS; 1/27/2016 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: 70519B50-9F5E-4259-9F0A-5B33ED48A868 1/27/2016 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: 70519B50-9F5E-4259-9F0A-5B33ED48A868 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-163 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131553 SHIP TO:FIRE DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ENTENMANN-ROVIN CO 2425 GARFIELD AVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY COMMERCE, CA 90040-1811 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/27/2016 V013950 (800) 581 -3535 FIREADM R47766 MIKE LOPEZ QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 EA CARLSBAD FD 250C DOME BADGE -BATTALION CHIEF 89.00 178.00 5.00 EA CARLSBAD FD 250TT DOME BADGE -CAPTAIN 92.00 460.00 10.00 EA CARLSBAD FD 250TT DOME BADGE -ENGINEER 92.00 920.00 15.00 EA CARLSBAD FD 250TT DOME BADGE -FIREFIGHTER 92.00 1,380.00 1.00 PACKAGE INSURANCE 24.00 24.00 1.00 PACKAGING, MATERIALS FEE 11.00 11.00 1.00 FREIGHT 21.00 21.00 Tax 235.92 PO Total 3,229.92 P131553; ENTENMANN -ROVIN CO; 1/27/2016 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-16-181 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131554 SHIP TO:FIRE DEPARTMENT MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2560 ORION WAY CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:ADVANCED COMMUNICATIONS 3312 PURER ROAD 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: 01/27/2016 V00720 781 -3131 FIREADM R47796 KEN SUGAHARA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER EQUIPMENT PROPOSAL DATED 12/17/15 20.00 EA BENDIX-KING VHF PORTABLE RADIO (RADIO ONLY)895.00 17,900.00 #GPH -5102X-CMD-COMMAND VERSION (CAL-FIRE CHANNELS COMPATIBLE) 20 00 EA BENDIX-KING VHF 16" WHIP ANTENNA#LAA-0813 16.00 320 00 40.00 EA BENDIX-KING 'AA' ORANGE CLAMSHELL BATTERY PACK 38.00 1,520.00 #LAA-0139 3.00 EA KENWOOD TK-5710BGK-10FMSH VHF50 WATT MOBILE RADIO -1.965.00 5.895.00 SINGLE HEAD -REMOTE MOUNT -INCLUDEDS FULL FEATURED CONTROL HEAD WITH CDF FEATURES ENABLED 1.00 PROGRAM AND TUNE RADIO -CUSTOMER WILL PROGRAM RADIO 0.00 0.00 3.00 EA ANTENNEX UNITY GAIN, VHF ROOFTOP ANTENNA INCLUDING 17'69.00 No Charge 207.00 LOW LOSS CO-AXIAL CABLE, CHROME BASE AND PL -259 CONNECTOR Tax 2,067.36 PO Total 27,909.36 P131554; ADVANCED COMMUNICATIONS; 1/27/2016 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: F67A56CF-AE42-4DFB-A268-23DFCB7F8BFD 1/27/2016 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: F67A56CF-AE42-4DFB-A268-23DFCB7F8BFD City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-109 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131555 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLECARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:STAGELINE MOBILE STAGE INC. 700 MARSOLAIS STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY L'ASSOMPTION, QC J5W 2G9 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: 01/27/2016 V025791 (450) 589 -1063 LIBART R47692 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PRICED PER ATTACHED QUOTE DATED DEC. 14, 2015 AND RFB #16-08. 1.00 STAGELINE SL100 MOBILE STAGE WITH OPTION AND 120,908.00 120,908.00 ACCESSORIES. INCLUDES $10,742.00 DISCOUNT. 1.00 SERVICES INCLUDING TRANSPORTATION, TRAINING COURSE AND 15,920.00 15,920.00 TRAINER EXPENSES. Tax 9,672.64 PO Total 146,500.64 P131555; STAGELINE MOBILE STAGE INC.; 1/27/2016 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: E691CB01-28B8-4C72-B161-9B6968DE2632 1/27/2016 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: E691CB01-28B8-4C72-B161-9B6968DE2632 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-167 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131556 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:CARLSBAD PLAYHOUSE DBA: CARLSBAD PLAYREADERS ACCEPTANCE OF THIS ORDER IS EXPRESSLY MS. BONNIE HALL, TREASURER LIMITED TO THE TERMS AND CONDITIONS CARLSBAD, CA 92011 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/27/2016 V000263 (760) 310 -4118 LIBMED R47772 KEITH GEMMELL QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA FUNDING FOR 2016 SEASON PER ATTACHED LETTER OF 2,500.00 2,500.00 AGREEMENT DATED NOVEMBER 17, 2015. Tax 0.00 PO Total 2,500.00 P131556; CARLSBAD PLAYHOUSE; 1/27/2016 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: C383E788-9C41-4C8C-8EA6-32F035505C78 1/27/2016 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: C383E788-9C41-4C8C-8EA6-32F035505C78 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-179 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131557 SHIP TO:CMWD/ADMINISTRATION 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:VECTOR RESOURCES INC. 9808 WAPLES STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92121-2921 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/27/2016 V023209 (858) 546 -1014 CMWDADVI R47794 Ligeia Heagy QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 MATERIAL -Remove and relocate cables for new 204.98 204.98 work stations at CMWD. Materials: 1,000 ft CAT6 4-pr riser cable 4 blank inserts 4 CAT6 inserts 4 4-port faceplates 1.00 LABOR -Remove and relocate cables for new 1,800.00 1,800.00 work stations at CMWD_ Materials: 1,000 ft CAT6 4-pr riser cable 4 blank inserts 4 CAT6 inserts 4 4-port faceplates Tax 16.40 PO Total 2,021.38 P131557; VECTOR RESOURCES INC.; 1/27/2016 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-16-162 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131558 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:SYLVESTER ROOFING COMPANY INC. 306 W. EL NORTE PKWY ACCEPTANCE OF THIS ORDER IS EXPRESSLY SUITE N,PMB 371 LIMITED TO THE TERMS AND CONDITIONS ESCONDIDO, CA 92026 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/27/2016 V024273 (760) 743 -0048 TRNCTR R47765 Jason Kennedy QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Original agreement dated 1/19/16 for GAF Roofing 10,000.00 10,000.00 Maintenance and Repair Services. Tax 0.00 PO Total 10,000.00 P131558; SYLVESTER ROOFING COMPANY INC.; 1/27/2016 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: 44DF3078-B3F7-433B-A328-FE7F258AB03A 1/27/2016 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: 44DF3078-B3F7-433B-A328-FE7F258AB03A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-174 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131559 SHIP TO:P.E.M. FLEET MAINTENANCE DIV.MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 2480 IMPALA DRIVE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92010 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:JOE D. MOBILE INSTALLS 3860 HELIX ST., APT 10 ACCEPTANCE OF THIS ORDER IS EXPRESSLY SPRING VALLEY, CA 91977 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/27/2016 V024062 (619) 708 -9720 CSDFLE R47784 AMY HAZEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 A492-LED CODE LIGHT INSTALL-PARTS 1,778.62 1,778.62 18.00 A492-CODE LIGHT INSTALL -LABOR 65.00 1,170.00 Tax 142.29 PO Total 3,090.91 P131559; JOE D. MOBILE INSTALLS; 1/27/2016 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: 249A7C52-B77F-4B26-B911-E7CDD1030D24 1/27/2016 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: 249A7C52-B77F-4B26-B911-E7CDD1030D24 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-180 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131560 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:APWA P 0 BOX 802296 ACCEPTANCE OF THIS ORDER IS EXPRESSLY KANSAS CITY, MO 64180 -2296 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/27/2016 V1460 (816) 472 -6100 TRANS R47795 Fred Gaines Jr. QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA PAY ONLY 3,240.00 3,240.00 APWA yearly membership for Public Works staff. Tax 0.00 PO Total 3,240.00 P131560; APWA; 1/27/2016 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-16-148 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131561 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION 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:AMERICAN ASPHALT SOUTH INC PO BOX 310036 ACCEPTANCE OF THIS ORDER IS EXPRESSLY FONTANA, CA 92331-0036 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: 01/27/2016 V008553 (909) 427 -8276 TRANSOM!R47749 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO FOR AWARD OF PROJECT NO. 6001-15SS, 2015 SLURRY 1,506,824.0 1,506,824.00 SEAL PER CONTRACT DATED 12/14/2015. Tax 0.00 PO Total 1,506,824.00 P131561; AMERICAN ASPHALT SOUTH INC; 1/27/2016 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: D412699E-84AA-4CA7-BD29-A2783FBEE9DF 1/28/2016 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: D412699E-84AA-4CA7-BD29-A2783FBEE9DF City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-168 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131565 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: 01/28/2016 V781000 (858) 566 -1900 IT R47774 ZILLAH JOHNSON QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 394.02 PER QUOTE 130182 -1 DATE: 12/23/2016 EXP: 1/31/2016 2.00 EA E-WASTE FEE 4.00 8.00 HP VALUEPOINT CONTRACT #MNWNC/133/7-15-70-34-001 PLEASE DELIVERY TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN-00014083 Tax 31.52 PO Total 433.54 P131565; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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: 3EAC7E28-B36D-45FC-A435-A142A1C91E08 1/28/2016 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: 3EAC7E28-B36D-45FC-A435-A142A1C91E08 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-171 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131566 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: 01/28/2016 V781000 (858) 566 -1900 IT R47780 FRED GAINES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE: 130182-1 DATE: 12/23/2015 EXP: 1/31/2015 2.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 394.02 2.00 EA EWASTE FEE 4.00 8.00 HP VALUEPOINT CONTRACT #MWNC/133/7 -15-70-34-001 PLEASE DELIVER TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN-00012874 Tax 31.52 PO Total 433.54 P131566; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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: 77679903-9AA3-446D-A2D9-F8920988C7DC 1/28/2016 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: 77679903-9AA3-446D-A2D9-F8920988C7DC City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-166 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131567 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:EN POINTE TECHNOLOGIES 1940 E. MARIPOSA AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY EL SEGUNDO, CA 90245 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: 01/28/2016 V001178 (800) 694 -4394 IT R47773 ORTEGA/VANTE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA ANNUAL COST RENEWAL FOR MICROSOFT OFFICE LICENSES PER 310,825.20 310,825.20 QUOTE 01212016 -CC CONTRACT #SCA-12-700005W TERMS PER COUNTY OF RIVERSIDE CONTRACT #PUARC-1200 AB 21,426 11/19/13 "ELECTRONIC DELIVERY OF SOFTWARE" Tax 0.00 PO Total 310,825.20 P131567; EN POINTE TECHNOLOGIES; 1/28/2016 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: AA70D83B-A09E-4383-A95C-B00525AB80C4 1/28/2016 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: AA70D83B-A09E-4383-A95C-B00525AB80C4 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-176 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131568 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: 01/28/2016 V781000 (858) 566 -1900 IT R47788 DAN ZIMNY QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE: 130182-1 DATE: 12/23/2015 EXP: 1/31/2015 2.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 394.02 2.00 EA E-WASTE FEE 4.00 8.00 HP VALUEPOINT CONTRACT #MNWNC/133/7 -15-70-34-001 PLEASE DELIVER TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN-00011454 Tax 31.52 PO Total 433.54 P131568; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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: F5EC5903-DD5A-4EDB-B1FA-FA2C5BCFA5B4 1/28/2016 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: F5EC5903-DD5A-4EDB-B1FA-FA2C5BCFA5B4 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-169 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131569 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: 01/28/2016 V781000 (858) 566 -1900 IT R47775 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 130182-1 DATE: 12/23/2016 EXP: 1/31/2016 1.00 EA HP ELITEDESK E232 MONITOR 197.01 197.01 1.00 EA E-WASTE FEE 4.00 4.00 HP VALUEPOINT CONTRACT #MNWNC/133/7 -15-70-34-001 PLEASE DELIVER TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN-00013733 Tax 15.76 PO Total 216.77 P131569; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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: D1F8CFDE-FB40-4D42-A6DE-62BBD6B1C0F7 1/28/2016 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: D1F8CFDE-FB40-4D42-A6DE-62BBD6B1C0F7 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-178 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131570 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: 01/28/2016 V781000 (858) 566 -1900 IT R47792 K TUBB NELSON QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 130182-1 DATE: 12/23/2015 EXP: 1/31/2016 1.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 197.01 1.00 EA E-WASTE FEE 4.00 4.00 HP VALUEPOINT CONTRACT #MNWNC/133/7 -15-70-34-001 PLEASE DELIVER TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN -00014108 Tax 15.76 PO Total 216.77 P131570; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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: 8147F5E6-473A-4615-9F13-210AB94E78BB 1/28/2016 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: 8147F5E6-473A-4615-9F13-210AB94E78BB City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-178 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131570 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: 01/28/2016 V781000 (858) 566 -1900 IT R47792 K TUBB NELSON QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 130182-1 DATE: 12/23/2015 EXP: 1/31/2016 1.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 197.01 1.00 EA E-WASTE FEE 4.00 4.00 HP VALUEPOINT CONTRACT #MNWNC/133/7 -15-70-34-001 PLEASE DELIVER TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN -00014108 Tax 15.76 PO Total 216.77 P131570; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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-16-88 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131571 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:MCLAUGHLIN, MICHAEL 31 TORRINGTON HEIGHTS RD.ACCEPTANCE OF THIS ORDER IS EXPRESSLY TORRINGTON, CT 06790 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/28/2016 V025623 (860) 459 -7949 LIBART R47671 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 DESIGN OF PUBLIC ARTWORK AVIARA COM PARK PER AGREEMENT 3,000.00 3,000.00 DATED 12/8/2015. Tax 0.00 PO Total 3,000.00 P131571; MCLAUGHLIN, MICHAEL; 1/28/2016 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: 66971511-B8C9-4A2E-A92D-4BD4654CAB4F 1/28/2016 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: 66971511-B8C9-4A2E-A92D-4BD4654CAB4F City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-191 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131572 SHIP TO:CULTURAL ARTS MAIL INVOICE IN DUPLICATE TO: CARLSBAD CITY LIBRARY 2955 ELMWOOD STREET CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:DOUBLE VIRGO INC. DBA: METALMORPH SCULPTURE STUDIO ACCEPTANCE OF THIS ORDER IS EXPRESSLY 2932 VIA LOMA VISTA LIMITED TO THE TERMS AND CONDITIONS ESCONDIDO, CA 92029-6604 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/28/2016 V025798 LIBART R47801 SANDRA RIGGINS QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 SCULPTURE GARDEN ARTWORK LOAN AGREEMENT PER LOAN 2,500.00 2,500.00 AGREEMENT DATED 1/21/2016. Tax 0.00 PO Total 2,500.00 P131572; DOUBLE VIRGO INC.; 1/28/2016 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: 41AF12F1-D323-4BE7-A40F-18CF60392125 1/28/2016 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: 41AF12F1-D323-4BE7-A40F-18CF60392125 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-195 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131573 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:HD SUPPLY WATERWORKS 1560 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 IBM REQUISITION #:REQUESTER: 01/28/2016 V014730 (760) 471 -3621 UTILWAR R47810 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 24.00 EA B13 -444W-HB-34S-NL 1" Ball meter valve FIPxMN No lead 80.20 1,924.80 Tax 153.98 PO Total 2,078.78 P131573; HD SUPPLY WATERWORKS; 1/28/2016 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: 58310DC9-4068-4448-A849-D85F1A6DCAF1 1/28/2016 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: 58310DC9-4068-4448-A849-D85F1A6DCAF1 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-205 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131574 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:COMPUTER PROTECTION TECHNOLOGY INC SUITE 106 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 1215 PACIFIC OAKS PLACE LIMITED TO THE TERMS AND CONDITIONS ESCONDIDO, CA 92029 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 01/28/2016 V003135 (760) 745 -8569 PEM R47827 OBRIEN/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA AS PER QUOTE #17565 DATED 1/28/2016 14,248.00 14,248.00 MITSUBISHI 1100 SERIES UPS -20 kVA 1.00 EA MITSUUBISHI 1100 SERIES -MATCHING EXTERNAL BYPASS 2,570.00 2,570.00 CABINET 1.00 EA NETCOM 1100 SNMP WEB ADAPTER 1,260.00 1,260.00 1.00 EA START-UP AND OPERATOR TRAINING 800.00 800.00 1.00 EA ESTIMATED FREIGHT TO JOB SITE 1200.00 1.200.00 Tax 1,446.24 PO Total 21,524.24 P131574; COMPUTER PROTECTION TECHNOLOGY INC; 1/28/2016 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: 345E940B-1DA4-4811-9664-699A64EDBD0B 1/28/2016 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: 345E940B-1DA4-4811-9664-699A64EDBD0B City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-194 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131575 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:RIGHT OF WAY ENG SVCS INC 615 SOUTH TREMONT STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/28/2016 V002103 (760) 637 -2800 TRANS R47808 Danny Zimney QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB PTD&FA #2 dated 1/26/16 for La Costa Avenue Drainage;6,615.00 6,615.00 Master Agreement dated 11/17/2015; AB 22,148 dated 11/17/15. Tax 0.00 PO Total 6,615.00 P131575; RIGHT OF WAY ENG SVCS INC; 1/28/2016 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: 75B31995-380E-4A22-A72A-09DE4D474AB3 2/1/2016 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: 75B31995-380E-4A22-A72A-09DE4D474AB3 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-173 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131562 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:CHARLES DOHERTY CONCRETE 1302 CRESTRIDGE DRIVE ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 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: 01/28/2016 V018838 (430) 433 -2881 TRANS R47783 Brandon Miles QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB Minor Public Works contract dated 1/25/16 for Carlsbad 11,925.00 11,925.00 Blvd Sidewalk Repair and Retaining Wall Construction. Tax 0.00 PO Total 11,925.00 P131562; CHARLES DOHERTY CONCRETE; 1/28/2016 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: FA282173-0166-4197-9002-6817E188F504 1/28/2016 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: FA282173-0166-4197-9002-6817E188F504 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-190 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131563 SHIP TO:FINANCE 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:NBS GOVERNMENT FINANCE GROUP 32605 TEMECULA PARKWAY, STE 100 ACCEPTANCE OF THIS ORDER IS EXPRESSLY TEMECULA, CA 92592 LIMITED TO THE TERMS AND CONDITIONS HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 01/28/2016 V001055 FIN R47755 A.BEANAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA AGREEMENT FOR SPECIAL FINANCE DISTRICT ADMINISTRATION 29,000.00 29,000.00 SERVICES DATED 12/4/2015 Tax 0.00 PO Total 29,000.00 P131563; NBS GOVERNMENT FINANCE GROUP; 1/28/2016 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: 2CF406C5-43E0-42C8-AC62-A655DB7100C2 1/28/2016 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: 2CF406C5-43E0-42C8-AC62-A655DB7100C2 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-149 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131544 SHIP TO:TRANSPORTATION DEPART. CM&I DIVISION 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:SOUTHERN CAL SOIL & TESTING 6280 RIVERDALE STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY SAN DIEGO, CA 92120 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: 01/26/2016 V020627 (619) 280 -4321 TRANSOM!R47750 JENNIFER GOWEN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 OPEN PO FOR TESTING SERVICES ON PROJECT NO. 6001-15SS,6,000.00 6,000.00 2015 SLURRY SEAL, PER THE AS-NEEDED AGREEMENT DATED 10/2/2012 Tax 0.00 PO Total 6,000.00 P131544; SOUTHERN CAL SOIL & TESTING; 1/26/2016 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: BCFB3CB4-7231-4266-9747-C09B9E0E66DA 1/26/2016 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: BCFB3CB4-7231-4266-9747-C09B9E0E66DA City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-175 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P131564 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: 01/28/2016 V781000 (858) 566 -1900 IT R47786 KERRY JEZISEK QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE: 130182-1 DATE: 12/23/2015 EXP: 01/31/2016 2.00 EA HP ELITEDISPLAY E232 MONITOR 197.01 394.02 2.00 EA E-WASTE FEE 4.00 8.00 HP VALUEPOINT CONTRACT #MNWNC/133/7 -15-70-34-001 PLEASE DELIVER TO FARADAY CENTER CARLSBAD HELPDESK TICKET NO.IN-00014153 Tax 31.52 PO Total 433.54 P131564; TECHNOLOGY INTEGRATION GROUP; 1/28/2016 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: B4E70D74-8E6D-4342-8DBE-AE26E71C64E1 1/28/2016 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: B4E70D74-8E6D-4342-8DBE-AE26E71C64E1 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1920 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133250 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:SOFTWAREONE INC. 20875 CROSSROADS CIRCLE, STE 1 ACCEPTANCE OF THIS ORDER IS EXPRESSLY WAUKESHA, WI 53186 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: 12/20/2016 V025653 IT R50426 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE US-QUO-516558 DATE: 10/25/2016 1,200.EA MANAGEMENT SUITE 1000-1999 USERS ENGLISH/SPANISH 24.39 29,268.00 LICENSE 1,200.EA 1 YR MAINTENANCE 5.35 6,420.00 1,200.EA LANDESK PATCH MANAGER 0.01 12.00 1,200.EA 1 YEAR SUBSCRIPTION LICENSE 3.58 4,296.00 1.00 EA LANDESK INTERCHANGE 2015 PASS EARLY BIRD RATE VALID FOR 0.00 0.00 SALE LICENSE 1.00 EA 5-DAY PUBLIC ADMIN BOOTCAMP TRAINING 0.00 0.00 ELECTRONIC DELIVERY ONLY NON-TAXABLE — Tax 0.00 PO Total 39,996.00 P133250; SOFTWAREONE INC.; 12/20/2016 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: 1E0DA2ED-2CA5-40C1-9785-462DAAD388BEDocuSign Envelope ID: 0468478A-F754-49AA-AF0C-49659B8E2016 12/21/2016 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: 1E0DA2ED-2CA5-40C1-9785-462DAAD388BEDocuSign Envelope ID: 0468478A-F754-49AA-AF0C-49659B8E2016 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1924 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133251 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY 1748 SAN DIEGO AVENUE LIMITED TO THE TERMS AND CONDITIONS SAN DIEGO, CA 92110 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO ID#:REQUISITION #:REQUESTER: 12/20/2016 V025073 IT R50431 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA CARLSBAD SUPPORT AND MAINTENANCE 2,772.00 2,772.00 Tax 0.00 PO Total 2,772.00 P133251; WORLD ADVANCEMENT OF TECHNOLOGY; 12/20/2016 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-16-1935 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133252 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:PACIFIC PIPELINE SUPPLY 235 SOUTH PACIFIC ST 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 IBM REQUISITION #:REQUESTER: 12/20/2016 V366000 471 -7473 UTILWAR R50446 Mario Remillard QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 6.00 EA FGDIP-03XCUST.119.40 716.40 FLG X GROOVE DIP SPOOL -r X 6 - 3.00 EA 31-03.78.72 236.16 GROOVE COUPLING F/DIP 3" 4.00 EA FGDIP-04X06.125.44 501.76 FLG X GROOVE DIP SPOOL -4" X 6" 2.00 EA 31-04.87.12 174.24 GROOVE COUPLING F/DIP 4" Tax 130.28 PO Total 1,758.84 P133252; PACIFIC PIPELINE SUPPLY; 12/20/2016 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-16-1929 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133253 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: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: 12/21/2016 V006938 UTILWW R50436 JESSE CASTANEDA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 2.00 EA ALUMINUM WORK PLATFORM 1368.50 2,737.00 ONLINE CATALOG ITEM #43x964 MFR MODEL #TAVS023-AS CATALOG PAGE #1309 UNSPSC #30161907 1.00 EA SHIPPING ESTIMATE 250.00 250.00 Tax 218.96 PO Total 3,205.96 P133253; GRAINGER INDUSTRIAL SUPPLY; 12/21/2016 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: A187FF38-D838-4EB9-93F9-5E57AF404A0A 12/21/2016 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: A187FF38-D838-4EB9-93F9-5E57AF404A0A City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1928 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133254 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:ACE HAULING NICHOLAS MARCHAND ACCEPTANCE OF THIS ORDER IS EXPRESSLY 505 CALLE RICARDO LIMITED TO THE TERMS AND CONDITIONS ESCONDIDO, CA 92026 HEREIN AND ON THE REVERSE SIDE. PAYMENT TERMS ARE NET 30. ORDER DATE:VENDOR #:TELEPHONE #:SHIP TO IBM REQUISITION #:REQUESTER: 12/21/2016 V009757 (760) 743 -8885 PEM R50437 O'BRIEN/WISE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB MINOR PUBLIC WORKS CONTRACT DEMOLITION AND REMOVAL OF 7,500.00 7,500.00 THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723; PWM17-42GS; ORIGINAL CONTRACT DATED DECEMBER 19, 2016. Tax 0.00 PO Total 7,500.00 P133254; ACE HAULING; 12/21/2016 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: 69A0B316-1C2B-4498-A8A1-FF332A5252DF 12/21/2016 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: 69A0B316-1C2B-4498-A8A1-FF332A5252DF City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1931 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133255 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:RIGHT OF WAY ENG SVCS INC 615 SOUTH TREMONT STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY OCEANSIDE, CA 92054 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: 12/21/2016 V002103 (760) 637 -2800 TRANS R50439 SHERRI HOWARD QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB TASK #11 DATED 12/19/16 FOR ROMERIA & LA COSTA AV 8,415.00 8,415.00 RESTRICTIVE COVENANT PLAT AND LEGAL; MASTER AGREEMENT DATED 11/17/15; AB #22,148 DATED 11/17/15 Tax 0.00 PO Total 8,415.00 P133255; RIGHT OF WAY ENG SVCS INC; 12/21/2016 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: FF65FD3C-D3CA-459A-BCE8-EE86078B4B92 12/21/2016 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: FF65FD3C-D3CA-459A-BCE8-EE86078B4B92 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1932 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133256 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:BEAR ELECTRICAL SOLUTIONS INC 1341 ARCHER STREET ACCEPTANCE OF THIS ORDER IS EXPRESSLY ALVISO, CA 95002 -0924 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: 12/21/2016 V025666 (408) 449 -5178 TRANS R50441 TAM TRAN QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 JOB LETTER OF AGREEMENT DATED 12/19/16 FOR CABINET 2,755.00 2,755.00 REPLACEMENT AT PALOMAR AIRPORT RD 8 PASEO DEL NORTE Tax 0.00 PO Total 2,755.00 P133256; BEAR ELECTRICAL SOLUTIONS INC; 12/21/2016 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: 549F52A0-7169-49F6-B8CB-8B467F2F48D4 12/21/2016 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: 549F52A0-7169-49F6-B8CB-8B467F2F48D4 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1936 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133257 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:OPTIV SECURITY INC. 1125 17TH STREET, STE 1700 ACCEPTANCE OF THIS ORDER IS EXPRESSLY DENVER, CO 80202 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: 12/21/2016 V025570 (714) 904 -9283 IT R50449 LISA VANTE QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 800061 -2 DATE: 11/15/16 1.00 EA BLUECOAT RENEWAL SERVICE, END CUSTOMER SUPPORT, LEVEL 956.59 956.59 1 -3 SOFTWARE SUPPORT 100.00 EA RENEWAL SOFTWARE, FILE INSPECTION, DUAL AV, KASPERSKY &10.38 1,038.00 SOPHOS, FILE WHITELIST, 100-199 USERS-1YR 1.00 EA RENEWAL SERVICE, END CUSTOMER SUPPORT, LEVEL 1 -3 4,080.00 4,080.00 SOFTWARE SUPPORT & NEXT BUSINESS DAY DELIVERY HARDWARE SUPPORT PRODUCT: CAS-S400 -A1 1.00 EA RENEWAL SERVICE, END CUSTOMER SUPPORT, LEVEL 1 -3 3,910.00 3,910.00 SOFTWARE SUPPORT & NEXT BUSINESS DAY DELIVERY HARDWARE SUPPORT PRODUCT: SG-S200-20 -PR SOFTWARE AND MAINTENANCE SUPPORT -NOT TAXABLE Tax 0.00 PO Total 9,984.59 P133257; OPTIV SECURITY INC.; 12/21/2016 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: 5E1C0190-7B5A-4907-A504-2DBAD419FE99 12/21/2016 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: 5E1C0190-7B5A-4907-A504-2DBAD419FE99 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1938 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133258 SHIP TO:FINANCE 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:SOUTHLAND ENVELOPE CO INC 10111 RIVERFORD RD ACCEPTANCE OF THIS ORDER IS EXPRESSLY LAKESIDE, CA 92040 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: 12/21/2016 V005258 (619)449 -3553 FIN R50451 HELEN MORONES QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 25.00 M SECURITY WINDOW ENVELOPES #10 RECYCLED WHITE, BOTTOM 49.54 1,238.50 FLAP, RETURN ADDRESS PRINTED ON OUTSIDE SAME ORDER AS PO 132456 Tax 99.08 PO Total 1,337.58 P133258; SOUTHLAND ENVELOPE CO INC; 12/21/2016 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: 6EF81E30-3DD6-4330-BE8D-EE698715FF8D 12/21/2016 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: 6EF81E30-3DD6-4330-BE8D-EE698715FF8D City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1940 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133259 SHIP TO:TECHNICAL 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:BIBLIOTHECA ITG LLC 3169 HOLCOMB BRIDGE ROAD, STE 200 ACCEPTANCE OF THIS ORDER IS EXPRESSLY NORCROSS, GA 30071 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: 12/21/2016 V020853 LIBTEC R50455 KRISTI BELL QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 30,000 EA SQUARE (2"X2")RFID TAGS, PRINTING IN BLACK (NO 0.20 6,000.00 ENCODING) 1.00 EA SHIPPING, HANDLING AND ADMINISTRATION 90.00 90.00 Tax 465.00 PO Total 6,555.00 P133259; BIBLIOTHECA ITG LLC; 12/21/2016 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: 26AF196A-E5D5-49E2-A951-F61C29E28EFB 12/21/2016 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: 26AF196A-E5D5-49E2-A951-F61C29E28EFB City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1934 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133260 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:YARD! SYSTEMS INC 430 SOUTH FAIRVIEW AVENUE ACCEPTANCE OF THIS ORDER IS EXPRESSLY GOLETA, CA 93117 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: 12/21/2016 V004828 (805) 699 -2040 IT R50444 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA VISUAL HOMES ANNUAL MAINTENANCE -RENEWAL NOV 8, 2016 11,454.87 11,454.87 THRU NOV 7, 2017 Tax 0.00 PO Total 11,454.87 P133260; YARDI SYSTEMS INC; 12/21/2016 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-16-1930 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133261 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:SOFTWAREONE INC. 20875 CROSSROADS CIRCLE, STE 1 ACCEPTANCE OF THIS ORDER IS EXPRESSLY WAUKESHA, WI 53186 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: 12/21/2016 V025653 IT R50438 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE PER QUOTE 529168 DATE: 12/07/2016 14.00 EA BLUEBEAM RENEWAL REVU CAD (10-24 NAMED USERS)40.00 560.00 28 DEC 2016 -27 DEC 2017 1.00 EA REVU EXTREME (1 -4 NAMED USERS)DELAYED MAINTENANCE 18 17.14 17.14 SEO 2016-6 DEC 2016 1.00 EA REVU EXTREME (1 -4 NAMED USERS)72.65 72.65 7 DEC 2016 -27 DEC 2017 1.00 EA REVU STANDARD (1 -4 NAMED USERS)26.12 26.12 17 MAY 2017 -27 DEC 2017 *ELECTRONIC SOFTWARE DELIVERY* —NON-TAXABLE— Tax 0.00 PO Total 675.91 P133261; SOFTWAREONE INC.; 12/21/2016 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: 8722B8A2-DCB1-4ABF-ABDA-3A4F4AB563BD 12/21/2016 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: 8722B8A2-DCB1-4ABF-ABDA-3A4F4AB563BD City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1937 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133262 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 ID#:REQUISITION #:REQUESTER: 12/21/2016 V021553 (714) 703 -3000 IT R50450 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA TELESTAFF ENTERPRISE V2 5,847.18 5,847.18 WORKFORCE TELESTAFF ENTERPRISE WORKFORCE TELESTAFF GLOBAL ACCESS WORKFORCE TELESTAFF CONTACT MANAGER TELESTAFF WEB ACCESS START DATE:01 -FEB -17 END DATE:31 -JAN -18 Tax 0.00 PO Total 5,847.18 P133262; KRONOS INC; 12/21/2016 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-16-1923 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133263 SHIP TO:INFORMATION TECHNOLOGY MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD 1635 FARADAY AVENUE CITY OF CARLSBAD ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 -7314 1635 FARADAY AVENUE CARLSBAD, CA 92008 -7314 VENDOR:GRANICUS 707 17TH STREET, STE 4000 ACCEPTANCE OF THIS ORDER IS EXPRESSLY DENVER, CO 80202 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: 12/21/2016 V014227 IT R50430 DAWN ORTEGA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA ANNUAL MAINTENANCE FOR CIVICA CMS SYSTEM FOR THE CITY 6,815.00 6,815.00 OF CARLSBAD WEBSITE Tax 0.00 PO Total 6,815.00 P133263; GRANICUS; 12/21/2016 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-16-1927 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133264 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: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: 12/22/2016 V015848 (760) 438 -3456 HSG R50435 P CRESCENT! QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 CITY STUFF 2017 MATERIALS.1,432.50 1,432.50 Tax 114.60 PO Total 1,547.10 P133264; L +L PRINTERS CARLSBAD LLC; 12/22/2016 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: 3E3AE91D-5ADA-4959-81C2-A67B639044C8 12/22/2016 City of Carlsbad PURCHASE ORDER NUMBER: PURCHASEORDER (NUMBER TO APPEAR ON INVOICES. PACKING SLIPS. ETC) POF-16-1948 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133265 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:MAUREEN KANE & ASSOCIATES INC P.O. BOX 52355 ACCEPTANCE OF THIS ORDER IS EXPRESSLY RIVERSIDE, CA 92517 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: 12/22/2016 V016565 (951) 789 -8319 MGR R50468 FAVI MEDINA QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA TECHNICAL TRAINING FOR CLERKS CONFERENCE FEE 1,550.00 1,550.00 FAVI MEDINA Tax 0.00 PO Total 1,550.00 P133265; MAUREEN KANE 8 ASSOCIATES INC; 12/22/2016 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-16-1939 TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER P133266 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:RAY WHITE CEMENT COMPANY PO BOX 489 ACCEPTANCE OF THIS ORDER IS EXPRESSLY FALLBROOK, CA 92088 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: 12/22/2016 V489238 (760) 288 -0170 CSDPAR R50454 JENNIE MARINOV QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 EA CONCRETE WALL CONSTRUCTION AT THE CROSSINGS RETENTION 5,000.00 5,000.00 POND PKRC599 PER CONTRACT DATED 11/17/16 Tax 0.00 PO Total 5,000.00 P133266; RAY WHITE CEMENT COMPANY; 12/22/2016 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: C2F89801-63EA-43DD-9BFE-ACA6C5286163 12/22/2016