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(a GENERAL TERMS AND CONDITIONS III. GENERAL TERMS AND CONDITIONS A. ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right, obligation, performance herein without the prior written consent of the City's Purchasing Manager and any such assignment, transfer, delegation or subcontract without the Purchasing Manager's prior written consent shall be considered null and void. B. BID EXPENSES: The City shall not be liable for any expenses incurred by potential vendor(s) in the preparation or submission of their bids. Pre -contractual expenses are not to be included in the vendor's Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in: • Preparing its bid in response to this IFB; • Submitting that bid to the City; • Negotiating with the City any matter related to the bid; and, • Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract. C. BUSINESS LICENSE: The City requires any person, including but not limited to, an individual, corporation, contractor, subcontractor, and sole proprietor who wishes to conduct any business within the City of Santa Ana must secure a City of Santa Ana business license upon award of the resulting contract. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana business license is available by contacting the Finance and Management Services Agency at (714) 647-5447 or on the City's website www.santa- ana.ora. D. COMPLIANCE WITH LAWS: Vendor shall, at its sole expense, comply with all applicable technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations, including, but not limited to laws applicable to the subject matter hereof at the time services are provided to and accepted by the City. Vendor shall comply with all applicable federal, state, and local safety requirements. E. DEFAULT: In case of default by the Vendor of any of the conditions of this bid or contract resulting from this bid, the Vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the Vendor, or collect against the bond or surety, or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. F. DELIVERY: Time of delivery of goods or services is of the essence. City reserves the right to refuse any goods or Services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to specifications included herein. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at the Vendor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete City of Santa Ana IFB No. 23-117A Page 13 of 21