Common use of Purchase Order Issuance and Cancellation Clause in Contracts

Purchase Order Issuance and Cancellation. Any Services to be provided by Contractor under the Contract shall be set forth in a purchase order issued by FCSS to Contractor before commencement of the required Services. Contractor shall not be obligated to provide any Services to FCSS and FCSS shall not be obligated to accept or pay Contractor for any Services that are not set forth in a purchase order. The purchase order shall state, at minimum, the following information: (1) description of the particular Services to be performed by Contractor, (2) the beginning date and ending date during which Contractor shall perform the required Services, (3) each pickup location and drop-off location, and (4) the amount to be paid to Contractor for performance of the required Services. FCSS, at its discretion and upon 30 days prior written notice to Contractor, may cancel any purchase order for an established route. FCSS, at its discretion and upon 10 days prior written notice to Contractor, may cancel a purchase order for a Special Trip. If notice of cancellation of a purchase order for a Special Trip is not provided by FCSS to Contractor within the 10 days, FCSS’ sole obligation is to pay Contractor $100 penalty for each purchase order that is cancelled less than 10 days. Upon the cancellation of a purchase order and unless stated here otherwise, the provisions set forth in Section 3.3 shall apply. The cancellation of a purchase order shall not cancel any other purchase orders and shall not terminate the Contract. REQUIRED DOCUMENTS. Contractor shall provide to FCSS, as applicable, each document listed below and those required of Contractor elsewhere in this Agreement (collectively “Required Document”): A. Insurance marked below and complying with Section 4.1, written proof of which Contractor shall provide to FCSS when Contractor delivers this Agreement signed by Contractor and before Contractor commences any Service (▇▇▇▇ each required): 1. Commercial general liability with additional insured coverage (see Section 4.1.1). 2. Workers compensation and employer’s liability if Contractor has any employees. 3. Commercial auto liability. B. Fingerprinting and Criminal Background Check Certification (“Fingerprinting Certification”) if Contractor is providing school bus transportation services, which Contractor must obtain from and submit to FCSS before Contractor commences any Services. C. Fingerprinting and Criminal Background Check Addendum for Contractor Operating as Sole Proprietor (“Sole Proprietor Fingerprinting Addendum”) if Contractor is providing school bus transportation services, which Contractor must obtain from and submit to FCSS. D. Tuberculosis Certification (“TB Certification”), which Contractor must obtain from and submit to FCSS before Contractor commences any Services. E. At FCSS’ request and as applicable, Taxpayer Identification Number Request, W-9 (the form of which Contractor shall obtain from FCSS) or Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding (W-8); and Nonresident Withholding Allocation Worksheet (Form 587), Withholding Exemption Certificate (Form 590), or other Franchise Tax Board forms; and documents that FCSS requires to process payment to Contractor. In consideration of the covenants, conditions, and promises in and for good and valuable consideration and the mutual benefits to be derived from the Contract, Contractor and FCSS, separately referred to as a “Party” and collectively as the “Parties,” have reviewed and understand and hereby enter into the Contract. Unless the context requires otherwise, any reference to a Party in the Contract includes, as applicable, its governing body and members thereof, officers, employees, and agents. Each person executing the Contract on behalf of a Party represents that he/she is authorized to execute on behalf of and to bind the Party to the Contract.

Purchase Order Issuance and Cancellation. Any Services to be provided by Contractor under the Contract shall be set forth in a purchase order issued by FCSS to Contractor before commencement of the required Services. Contractor shall not be obligated to provide any Services to FCSS and FCSS shall not be obligated to accept or pay Contractor for any Services that are not set forth in a purchase order. The purchase order shall state, at minimum, the following information: (1) description of the particular Services to be performed by Contractor, (2) the beginning date and ending date during which Contractor shall perform the required Services, (3) each pickup location and drop-off location, and (4) the amount to be paid to Contractor for performance of the required Services. FCSS, at its discretion and upon 30 days prior written notice to Contractor, may cancel any purchase order for an established route. FCSS, at its discretion and upon 10 days prior written notice to Contractor, may cancel a purchase order for a Special Trip. If notice of cancellation of a purchase order for a Special Trip is not provided by FCSS to Contractor within the 10 days, FCSS’ sole obligation is to pay Contractor $100 penalty for each purchase order that is cancelled less than 10 days. Upon the cancellation of a purchase order and unless stated here otherwise, the provisions set forth in Section 3.3 shall apply. The cancellation of a purchase order shall not cancel any other purchase orders and shall not terminate the Contract. REQUIRED DOCUMENTS. Contractor shall provide to FCSS, as applicable, each document listed below and those required of Contractor elsewhere in this Agreement (collectively “Required Document”): A. Insurance marked below and complying with Section 4.1, written proof of which Contractor shall provide to FCSS when Contractor delivers this Agreement signed by Contractor and before Contractor commences any Service (▇▇▇▇ mark each required): 1. Commercial general liability with additional insured coverage (see Section 4.1.1). 2. Workers compensation and employer’s liability if Contractor has any employees. 3. Commercial auto liability. B. Fingerprinting and Criminal Background Check Certification (“Fingerprinting Certification”) if Contractor is providing school bus transportation services, which Contractor must obtain from and submit to FCSS before Contractor commences any Services. C. Fingerprinting and Criminal Background Check Addendum for Contractor Operating as Sole Proprietor (“Sole Proprietor Fingerprinting Addendum”) if Contractor is providing school bus transportation services, which Contractor must obtain from and submit to FCSS. D. Tuberculosis Certification (“TB Certification”), which Contractor must obtain from and submit to FCSS before Contractor commences any Services. E. At FCSS’ request and as applicable, Taxpayer Identification Number Request, W-9 (the form of which Contractor shall obtain from FCSS) or Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding (W-8); and Nonresident Withholding Allocation Worksheet (Form 587), Withholding Exemption Certificate (Form 590), or other Franchise Tax Board forms; and documents that FCSS requires to process payment to Contractor. In consideration of the covenants, conditions, and promises in and for good and valuable consideration and the mutual benefits to be derived from the Contract, Contractor and FCSS, separately referred to as a “Party” and collectively as the “Parties,” have reviewed and understand and hereby enter into the Contract. Unless the context requires otherwise, any reference to a Party in the Contract includes, as applicable, its governing body and members thereof, officers, employees, and agents. Each person executing the Contract on behalf of a Party represents that he/she is authorized to execute on behalf of and to bind the Party to the Contract.. CONTRACTOR By: Print Name: Title: FCSS B y : ▇▇▇ ▇. ▇▇▇▇▇▇, Superintendent or Authorized Designee / / The following documents, each of which is referred to as a “Contract Document” and collectively as the “Contract Documents,” form the “Contract”: This Agreement, containing the Cover and these General Terms and Conditions: Article 1 Scope of Services and Obligations