Table of Contents
2. PROJECT DESCRIPTION.............................................................................................................................................. 3
2.2 Project Location........................................................................................................................................................................ 4
3. DOCUMENTING WATER SUPPLY............................................................................................................................. 6
3.1 Urban Water Management Plan ............................................................................................................................................... 6
3.2 Groundwater ............................................................................................................................................................................ 6
3.3 Historic Groundwater Production ............................................................................................................................................. 6
3.4 Projected Water Supply ............................................................................................................................................................ 7
3.5 Normal Year, Single Year, and Multiple Year Supply ................................................................................................................. 7
3.6 Groundwater Management ...................................................................................................................................................... 7
3.7 Imported Water........................................................................................................................................................................ 8
3.8 Recycled / Non-Potable Water.................................................................................................................................................. 8
4. DOCUMENTING WATER DEMAND........................................................................................................................... 8
5. WATER SUPPLY VS. WATER DEMAND ANALYSIS.......................................................................................... 9
5.1 City Water Demands................................................................................................................................................................. 9
5.2 Project Water Demands...........................................................................................................................................................10
6. WATER EFFICIENCY STRATEGIES.........................................................................................................................12
7. SUMMARY......................................................................................................................................................................12 436
SteelWave Industrial Development Water Supply Assesment
Tables
Table 2. Projected Water Supply (AFY)........................................................................................................7 Table 3. Normal Year Demand (AFY).............................................................................................................8 Table 4. Single Dry Year Demand (AFY).........................................................................................................9 Table 5. Multiple Dry Year Demand (AFY) ....................................................................................................9 Table 6. Projected Water Demand by Sector 2020 UWMP (AFY) ................................................................9 Table 7. Project Water Demand (AFY) ........................................................................................................10 Table 8. Normal Year Comparison (AFY)....................................................................................................10 Table 9. Single Dry Year Comparison (AFY).................................................................................................11 Table 10. Multiple Dry Year Comparison (AFY)...........................................................................................11 Figures:
Figure 1. Location Map/Aerial Photo...........................................................................................................................5 437
SteelWave Industrial Development Water Supply Assesment
1. Introduction
The purpose of this Water Supply Assessment is to provide the lead agency the City of Adelanto with the information to confirm that the water supply for the proposed SteelWave Industrial Development Project is sufficient, as defined by law. This Water Supply Assessment (WSA) anticipates adequate water will be available during normal, single dry, and multiple dry water years during a 20-year projection to meet the projected water demand associated with the development, in addition to existing and planned future uses, including agricultural and manufacturing uses. As per the California Water Code section 10910, subdivision (c) (2), this Water Supply Assessment also provides information regarding the environmental analysis of the impacts of the project on water supplies, demands, and reserves using the current water use and future projections from the City of Adelanto’s 2020 Urban Water Management Plan (2020 UWMP)1.
The project site is comprised of an approximately 128.26-acres of undeveloped parcels within an area designated as Airport Development District (ADD) by the City’s General Plan Land Use and Zoning Map which encompasses light and heavy industrial, retail, office, and other commercial uses that are oriented around airport operation, services, industries, and businesses.2 The current land use was included in the water demand analyzed in the 2020 UWMP.
Water Code Section 10910:
The California Water Code section 19010 is commonly known as Senate Bill (SB) 610 and requires the preparation of a Water Supply Assessment (WSA) when a project meets the definition per section 10912. The WSA must indicate total projected water supplies available during normal, single-dry year, and multiple-dry year water conditions and include a 20-year projection as contained in the urban water management plan.
2. Project Description
The SteelWave Industrial Development Project (Project) is located within northeastern area of the City of Adelanto. The Project proposes to construct a 2,483,836 square foot (sf) warehouse/distribution facility consisting of two (2) buildings. Building 1 is proposed to be a 1,349,358 sf non-refrigerated warehouse with 20,000 sf of office space. Building 2 is proposed to be a 1,134,478 sf warehouse with 20% refrigerated. (891,582 sf non-refrigerated warehouse and 891,582 sf cold storage), with 20,000 sf office space. The project is proposed to be constructed on an approximately 126.26 – acres on vacant parcels.
The purpose of this Water Supply Assessment (WSA) Report is to satisfy the requirements under SB-610, Water Code Section 10910 et seq. that adequate water supplies are or will be available to meet the water demand associated with a proposed project. SB610 applies to large commercial, industrial, or mixed-use development. Therefore, the Project requires a Water Supply Assessment pursuant to Water Code Section 10912 (a)(5). The Project is described in more detail in Section 3.
1 City of Adelanto, 2020 Urban Water Management Plan, August 25, 2021. 2 City of Adelanto Municipal Code Chapter 17.30 Business and Manufacturing Districts 438
SteelWave Industrial Development Water Supply Assesment
2.1 Background
The City of Adelanto Water Department, through the Adelanto Public Utility Authority (APUA), provides domestic water services to the City of Adelanto and would provide water to the Project.
As a public water system, the City is mandated by California Water Code Section 10910 to prepare a Water Supply Assessment (WSA) that documents sources of water supply, quantifies water demands, evaluates drought impacts, and provides a comparison of water supply and demand. The Water Supply Assessment serves as the basisfor the City to determine if adequate water will be available during normal, single dry, and multiple dry water years during a 20-year projection to meet the projected water demand associated with the Project, in addition to providing water for existing and planned future uses.
This WSA was prepared for consideration by the City of Adelanto, as the lead agency under the California Environmental Quality Act (CEQA) for the environmental review of the Project. The WSA will be included in the City’s Environmental Review for the Project to provide information regarding the impacts of supplying the Project with water, confirming the sufficiency and certainty of the water supply, and, if necessary, discussing alternative water sources.
References used in preparing this document include the following:
□ City of Adelanto, 2020 Urban Water Management Plan (UWMP), August 2021 □ City of Adelanto, 2015 Urban Water Management Plan (UWMP), June 2016 □ Mojave Water Agency, 2014 Mojave Region IRWM Plan and 2018 Addendum.
2.2 Project Location
The proposed Project is located in the City of Adelanto, San Bernardino County on approximately 126.26-acres on the northeast corner of Adelanto Road and Avalon Avenue, Assessor’s Parcel Numbers (APNs) 0459-411-18, 0459-411-30, 0459-411-31, 0459-411-32, 0459-411-33 and 0459- 411-34 as shown on Figure 1. Location Map / Aerial Photo on the next page. 439
SteelWave Industrial Development Water Supply Assesment
Figure 1. Location Map/Aerial Photo
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3. Documenting Water Supply
3.1 Urban Water Management Plan
The Adelanto 2020 UWMP documented General Plan land uses, population, and proposed projects as well as projections that reflect increases in population, planned residential and commercial development at the time of the assessment. The 2020 UWMP plan determined that there would be adequate water supply for the residential, general commercial, industrial, and open space parks and resources within the City’s Public Works Water Service Area. The proposed Project zoning were part of the current General Plan and was evaluated under the 2020 UWMP.
3.2 Groundwater
The sole source of water in the City is from groundwater in the Mojave River Groundwater Basin, commonly referred to as the Mojave Basin Area (MBA). The MBA is an adjudicated basin and pursuant to the Judgment, the Court appointed the Mojave Water Agency (MWA) as Watermaster of the MBA.
For management purposes under the Mojave Basin Judgment, MWA subdivided the Mojave River watershed and associated groundwater basins into five subareas: Alto, Baja, Centro, Este, and Oeste. The City of Adelanto lies within MWA’s Alto Subarea. Adelanto and the other purveyors in the area supply water to their customers from local groundwater. MWA replenishes the groundwater supply, primarily with imported water purchased from the State Water Project (SWP).
The court ordered adjudication of the Mojave Basin Area allocates a variable free production allowance (FPA) to each purveyor that supplies 10 AFY or more, including Adelanto. The FPA can vary from year to year depending on the Watermaster’s safe yield projections for the Basin.
3.3 Historic Groundwater Production
The City’s potable water system is supplied by groundwater from seven (7) active potable wells.
Additionally, the City has nine (9) wells currently inactive, one (1) non-potable well, two (2) emergency interties with the Victorville Water District and one with the Mojave Water Agency.
The City’s seven (7) active wells have a combined nominal capacity of 4,728 gpm. The ground water production for the previous 5-years (2016 to 2020) is contained in Table 1 Historic Groundwater Production.
Table 1. Historic Groundwater Production - AFY
Groundwater Volume Pumped Past Five Years
Groundwater Type Location or Basin Name
Volume Pumped (AF)
2016 2017 2018 2019 2020
City - Alluvial Basin Mojave RiverGroundwater
Basin, Alto Subarea 4,181 3,599 3,963 3,631 3,785
VWD - Alluvial Basin Mojave RiverGroundwater
Basin, Alto Subarea 3 724 178 852 862
Totals 4,184 4,323 4,141 4,483 4,647
Source: 2020 Urban Water Management Plan Notes: *DWR Submittal Table 6-1. 441
SteelWave Industrial Development Water Supply Assesment
3.4 Projected Water Supply
The projected water supply available through 2045 is shown in Table 2 as per the 2020 UWMP Table ES-2. The City will continue to use groundwater as the sole source of potable water supply combined with supplemental water through an intertie with MWA. The City’s projected supply is the available FPA, which is currently 2,851 AFY, which may be adjusted annually by the Watermaster. Transfers between MWA and the City is also from groundwater; future year projections are determined based on the difference between available FPA and forecasted demand, although more would be available as needed. Recycled water will begin delivery for irrigation uses by 2025, increasing through 2045.
Table 2. Projected Water Supply (AFY)
Water Supplies – Projected to 2045
Water Supply
Additional
Detail on
Water Supply
Projected Water Supply
Reasonably Available Volume (AF)
2025 2030 2035 2040 2045
Safe Yield of Alto Subarea
Alto Subarea Production
Safe Yield1 64,406 64,406 64,406 64,406 64,406
Reasonably Available Volume
City of Adelanto FPA of Safe
Yield 2,851 2,851 2,851 2,851 2,851
Mojave Water
Agency
Intertie with
MWA 2,145 2,409 2,575 2,733 2,915
Recycled Water Non-Potable 20 23 25 25 27
Totals 5,016 5,283 5,451 5,609 5,793
NOTES: *DWR Submittal Table 6-9.
1MWAWatermaster Report Water Year 2019-20, May 2021, Table 5-1 Source: 2020 Urban Water Management Plan
3.5 Normal Year, Single Year, and Multiple Year Supply
As stated previously in this chapter, due to its reliance on local groundwater sources, the City has not experienced any actual supply deficiencies, even during multiple drought years. The City does not anticipate a deficit in available water supplies during a dry year or during multiple dry years.
According to the 2020 Urban Water Management Plan, the City is confident that water supplies are adequate to meet demands for all weather conditions through 2045.
3.6 Groundwater Management
The Sustainable Groundwater Management Act, passed by the California Legislature in 2014, is an effort to regulate the use of groundwater in the state so that it is sustainable into the longterm future.
The majority of the Mojave IRWM Plan Region is part of an adjudicated basin pursuant to: (1) Stipulated Judgment in City of Barstow, et. al., vs. City of Adelanto, et al. Riverside County Superior Court Case No. 2018568 and (2) Hi-Desert Water District vs. Yucca Valley Water Company Ltd, San Bernardino County Court Case No. 172103. SGMA does not apply to these. adjudicated areas.
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SteelWave Industrial Development Water Supply Assesment
3.7 Imported Water
During normal operation there are no water transfers or exchanges of water within the City’s service area. The City water system has two available interties with VWD which has been utilized during the past 5-years and now has an intertie with MWA for future years.
The MWA purchases State Water Project (SWP) water for groundwater recharge. MWA’s available SWP supply has historically been greater than the demands within their service area.
MWA stores excess water in various groundwater basins for future use when SWP supplies are limited or not available. To enhance the long-term reliability of the water supply, MWA continues to explore opportunities to purchase water supplies from other water agencies and sources in addition to the SWP water supply.
3.8 Recycled / Non-Potable Water
At this time there is no recycled water available for customer use in Adelanto. However, recycled water capacity is being developed and is anticipated for distribution for irrigation purposes by 2025 and increasing through 2045.
4. Documenting Water Demand
For purposes of this section, a normal water year, a single dry water year, and a multiple dry water year period are defined below:
□ Normal Water Year is defined as a year in the historical sequence that most closely represents median runoff levels and patterns.
□ Single Dry Water Year is defined as the lowest annual runoff for a watershed. □ Multiple Dry Water Year Period is defined as the lowest average runoff for a consecutive multiple year period (three years or more).
Normal year demand for the City without the project is shown in Table 3, single dry year demand is shown in Table 4, and multiple dry year is in Table 5. The tables for single dry year and multiple dry year show that water demand would continue to increase during a single year event; however, it will decrease over time with multiple year events. According to the 2020 UWMP, although a constant consumption rate provides a more conservative approach, the decreasing consumption rate scenario provides a more realistic picture for planning purposes as it considers gradual improvements in water-use efficiency and in the case of a multiple year event includes mandatory conservation measures that would not be in effect in a single year event.
Table 3. Normal Year Demand (AFY)
2025 2030 2035 2040 2045
5,016 5,283 5,451 5,609 5,793
Source: 2020 Urban Water Management Plan.
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Table 4. Single Dry Year Demand (AFY)
2025 2030 2035 2040 2045
5,066 5,336 5,505 5,665 5.824
Source: 2020 Urban Water Management Plan.
Table 5. Multiple Dry Year Demand (AFY)
Water Use (AF/YR) 2025 2030 2035 2040 2045
Year 1 5,066 5,336 5,505 5,665 5,824
Year 2 4,766 5,020 5,180 5,330 5,505
Year 3 4,529 4,770 4,922 5,065 5,231
Year 4 4,303 4,533 4,677 4,813 4,971
Year 5 4,089 4,307 4,445 4,573 4,723
Source: 2020 Urban Water Management Plan.
5. Water Supply vs. Water Demand Analysis
5.1 City Water Demands
The projected water demandsin the City’s 2020 UWMP were determined based upon population growth projections from Southern California Association of Governments, planned residential and commercial development, and the development of the recycled water system.
Table 6. Projected Water Demand by Sector 2020 UWMP (AFY) DEMANDS FOR POTABLE AND RECYCLED WATER – 2020 AND PROJECTED Use Type Additional
Description
2020
Actual
(AF)
Projected Water Use (AF)
2025 2030 2035 2040 2045
Single Family Residential 2,606 3,360 3,656 3,744 3,853 3,979 Multi-Family Residential 162 100 109 111 114 116
Commercial 809 874 894 950 977 1,009
Industrial 0.35 1.5 1.5 1.5 1.7 1.7
Landscape/Irrigation 82 100 105 109 112 115
Other Potable 0.69 0.5 0.5 0.5 0.6 0.6
Losses 987 560 494 510 526 544
TOTAL POTABLE 4,647 4,996 5,260 5,426 5,584 5,766
Landscape/Irrigation TOTAL RECYCLED 0 20 23 25 25 27
Source: 2020 Urban Water Management Plan.
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5.2 Project Water Demands
This analysis provides a comparison of water demand vs. water supply based on the General Plan land uses accounted for in the 2020 UWMP, and the project’s water demand to demonstrate how the Project compares to the City’s demand and supply projections contained in the 2020 UWMP. Because the Project site land use was included in the 2020 UWMP, this is a conservative analysis.
In order to compare the Project’s water demand to the projected supply and demands in the 2020 UWMP, the Project’s Proposed Site Plan was used to determine acreage of the Project site and multiplied by a water demand factor (WDF) to determine the total projected water demand.
WDF’s are applied to development units either by acre or square-feet (sqft). The WDF was calculated using the Adelanto 2020 UWMP and Water Master Plan. The 2020 UWMP determined the actual Gallons Per Capita Per Day (GPCD) to be 116 gallons per day (gpd). The City’s Water Master Plan established Equivalent Residential Dwelling Units (EDUs) for calculating nonresidential usage. The EDU for industrial project is 2 EDU per acre times GPCD. The current GPCD is 116 gallons per day times 2 EDU would equal a demand factor of 232 gpd. Using this method, total acres times the WDF 232 gpd times for a total of 29,756 gpd or 33.33 AFY. The WDF and calculated demand was compared to other WSAs performed in the region for similar land uses to validate the calculations.
Using the WDF the on-site Project water demand is estimated to be 33.33 AFY as shown in Table 7 Project Water Demand (AFY).
Table 7. Project Water Demand (AFY)
Land Use Non-Residential
(acres)
Demand Factor
(gpd)
Demand Factor
Unit
Project Demand
(AFY)
Warehouse 128.26 232 gpd/acre 33.33
Tables 8, 9, and 10 provide a comparison for the normal year, single-dry year, up to the year 2045 and multiple dry year scenarios up to the year 2040 as documented in the 2020 UWMP with the project demand included.
Table 8. Normal Year Comparison (AFY)
Water Supply/Use (AFY) 2025 2030 2035 2040 2045
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 5,016 5,283 5,451 5,609 5,793 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Supply Capacity +59,376.67 +59,112.67 +58,670.67 +58,788.67 +58,6206.67 1Includes Projected Available Recycled Water: 2020 UWMP Table ES-2 445
SteelWave Industrial Development Water Supply Assesment
Table 9. Single Dry Year Comparison (AFY)
Water Supply/Use (AFY) 2025 2030 2035 2040 2045
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 5,066 5,336 5,505 5,665 5,824 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Supply Capacity +59,326.67 +59,059.67 +58,616.67 +58,732.67 +58,575.67 1Includes Projected Available Recycled Water: 2020 UWMP Table ES-2 Table 10. Multiple Dry Year Comparison (AFY)
Water Supply/Use (AFY) 2025 2030 2035 2040 2045
Year 1
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 5,066 5,336 5,505 5,665 5,824 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Leftover Supply Capacity +59,326.67 +59,059.67 +58,616.67 +58,732.67 58,575.67 Year 2
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 4,766 5,020 5,180 5,330 5,505 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Leftover Supply Capacity +59,626.67 +59,375.67 +58,905.67 +59,067.67 +58,894.67 Year 3
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 4,529 4,770 4,922 5,065 5,231 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Leftover Supply Capacity +59,863.67 +59,625.67 +59,199.67 +59,332.67 +59,168.67 Year 4
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 4,303 4,533 4,677 4,813 4,971 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Leftover Supply Capacity +60,089.67 +59,862.67 +59,444.67 +59,584.67 +59,438.67 Year 5
Available Supply 2020 UWMP1 64,426 64,429 64,155 64,431 64,433 Estimated Demand 2020 UWMP 4,089 4,307 4,445 4,573 4,723 Project Demand 33.33 33.33 33.33 33.33 33.33
Available Leftover Supply Capacity +60,303.67 +60,088.67 +59,676.67 +59,824.67 +59,676.67 1Includes Projected Available Recycled Water: 2020 UWMP Table ES-2 446
SteelWave Industrial Development Water Supply Assesment
As shown in Tables 8, 9, and 10, the Project’s overall water demand as compared to the 2020 UWMP on a General Plan level basis of comparison, water demand increases by 33.33 AFY over the next 20 years.
6. Water Efficiency Strategies
The City of Adelanto is committed to implementing water conservation programs and encourages its customers to conserve water whenever possible. As outlined in Chapter 9 – Demand Management Measures of the 2020 UWMP, the following demand measures are applicable to the Project:
• Municipal Code Chapter 8.20 Water Conservation Plan.
• Municipal Code Chapter 17.60 Landscape Water Conservation. • Metering: Standard conditions of approval for new development include a requirement to install water meters prior to issuance of building permits. • The City has a two-tiered increasing rate structure that applies to all customers.
Commercial and Industrial properties are charged at the Tier 1 rates for all water use.
The City's average consumption rate for 2020 is calculated to be 116 gallons per capita per day (GPCD), which demonstrates that the City has met its interim 2015 UWMP use target of 252 GPCD as well as the 2020 UWMP target of 192 GPCD. The City can maintain its consumption rates and future targets by continuing to focus on water conservation.
7. Summary
Based on the analysis in this Water Supply Assessment, the City has adequate supplies to serve 100 percent of the Project’s water demands during normal, dry year, and multiple dry year demands through 2045.
According to the 2020 UWMP: “ With continued effective water management strategies, the City is projected to have 100 percent water reliability in a single dry year or five-consecutive year drought conditions for the forecast period to 2045.”
The Mojave 2014 IRWM Plan (amended 2018) replaces the 2007 GWMP as a critical source document for MWA’s groundwater management since the City relies 100 percent on the Alto Subarea for its drinking water supply. More specifically, MWA has expressly stated, “MWA has reliable water supplies to meet retail demands within its service area.” Based on the analysis in this study, the water demand projections are expected to increase slightly due to the proposed project; however, these demands as indicated in the assessment are not anticipated to exceed the supply capacity of the City and the ground water subbasins. (Tables 8, 9, & 10).
Projected water demand for the proposed Project is within the scope of the analysis contained in the 2020 UWMP, and there is an ample water supply to serve the uses planned in the proposed Project.
447
ADELANTO PUBLIC UTILITY AUTHORITY
DATE:
TO:
FROM:
February 28,2024
Honorable Chairman, and Public Utility Authority Members Jessie Flores, Executive Director
BY:
SUBJECT: APPROVE LOAN AGREEMENT BETWEEN THE CITY OF ADELANTO AND THE ADELANTO PUBLIC WATER AUTHORITY.
STAFF RECOMMENDATION:
Staff recommends that City Council approve the loan agreement between the City of Adelanto and the Adelanto Public Utility Authority
BACKGROUND:
In 2015 the City of Adelanto(“City”) purchased New World ERP software from Tyler Technologies to replace the old information system. Subsequently in 2016 the Adelanto Public Utility Authority (“APUA”) also transitioned to New World ERP. During the implementation phase there was significant staff turnover in the Finance Department. Because of this turnover in Management the implementation was prolonged and certain interfund connections were improperly set up.
When the accounting string was set up for the Water connections fees for new construction, the revenue was accounted for in the Water Fund properly, however the money collected was added to the City’s General Fund thus creating an error. Due to the slow development caused by the 2008 housing crisis, the City did not have significant buildings for the error to be noticed. Compounding the problem was the fact that the City was several years behind in their Annual Audits. When building in the City began to pick up in 2017-2018 fiscal years the monies deposited into the City’s General Fund were spent and helped to cover the City’s financial position difficulties. As the Annual Audits were caught up the error was discovered and per Management and the Auditors recommendation an interfund loan was added to the notes to the financial statements. However, the loan agreement was not taken to Council, again due to turnover in the Finance department.
As part of the findings of the 20-21 audit, the Audit team are requiring the loan be passed and an executed agreement be sent to the auditors for their work papers. Finance has advised that this agreement could be problematic due to the City’s continued financial difficulties and its ability to repay could be called into question if new forms of revenue are not raised. 448
FISCAL IMPACT:
Future loan repayments will be added to budgets in accordance with payment terms and amortization schedule.
ATTACHMENTS:
1. Loan Agreement
2. Loan Amortization Schedule
449
INTERFUND LOAN AGREEMENT
This Loan Agreement (“Agreement”) is executed as of February 28, 2024, between the City of Adelanto General Fund and the Adelanto Public Utility Authority Fund(“Lender”).
Lender agrees to lend to Borrower, and Borrower agrees to repay to Lender an amount not to exceed the Principal Amount and interest accrued on the unpaid loan balance, in accordance with the following:
1. Purpose of the Loan: To provide funds for use by Borrower or its designee, to fund Borrower’s cash reserve deficit. The loan shall account for borrowing between the Adelanto Public Utility Authority and the City of Adelanto General Fund and shall not be available for appropriation or be considered revenue to the Borrower.
2. Principal Loan Amount: Not exceed two million seven hundred seventy three thousand eight hundred dollars ($2,773,800). The loan will be recorded as receivable to the Lender and payable to the Borrower.
3. Term of Loan: The term of this loan shall begin July 1, 2027 and the outstanding loan balance is to be repaid by June 1, 2050.
4. Scheduled Payments: Borrower shall make 240 uninterrupted monthly installments of $14,766.11 per month starting on July 1, 2027 and ending on June 1, 2050.
5. Rate of Interest: Interest shall accrue monthly on the outstanding loan balance based on State of California’s Local Agency Investment Fund Pooled Money Investment Account Average Annual Yield for the 2022-23 Fiscal Year, two and 17 hundreds percent (2.170%). Loan interest will be recorded as revenue to the Lender and expenditure to the Borrower.
6. Repayment Source: Payments will be made from various revenues of the Adelanto General Fund.
7. Prepayment: Borrower has the right to prepay the whole outstanding amount at any time.
8. General Provisions: This Agreement constitutes the full Agreement by and between the parties and no other representations have been made regarding the contents of this Agreement. This Agreement shall not be amended, modified, or altered in any respect unless such amendment, modification or alteration has been reduced to writing and executed by both parties.
450
LENDER: Adelanto Public Utility Authority,
By: _________________________________________________
Gabriel Reyes, Executive Director
BORROWER: City of Adelanto
By: __________________________________________________
Gabriel Reyes, Mayor
451
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
1 7/1/2027 $2,773,800.00 $12,774.64 $0.00 $12,774.64 $7,758.68 $5,015.96 $2,766,041.32 $5,015.96 2 8/1/2027 $2,766,041.32 $12,774.64 $0.00 $12,774.64 $7,772.71 $5,001.92 $2,758,268.61 $10,017.88 3 9/1/2027 $2,758,268.61 $12,774.64 $0.00 $12,774.64 $7,786.77 $4,987.87 $2,750,481.84 $15,005.75 4 10/1/2027 $2,750,481.84 $12,774.64 $0.00 $12,774.64 $7,800.85 $4,973.79 $2,742,680.99 $19,979.54 5 11/1/2027 $2,742,680.99 $12,774.64 $0.00 $12,774.64 $7,814.96 $4,959.68 $2,734,866.04 $24,939.22 6 12/1/2027 $2,734,866.04 $12,774.64 $0.00 $12,774.64 $7,829.09 $4,945.55 $2,727,036.95 $29,884.77 7 1/1/2028 $2,727,036.95 $12,774.64 $0.00 $12,774.64 $7,843.24 $4,931.39 $2,719,193.70 $34,816.16 8 2/1/2028 $2,719,193.70 $12,774.64 $0.00 $12,774.64 $7,857.43 $4,917.21 $2,711,336.28 $39,733.37 9 3/1/2028 $2,711,336.28 $12,774.64 $0.00 $12,774.64 $7,871.64 $4,903.00 $2,703,464.64 $44,636.37 10 4/1/2028 $2,703,464.64 $12,774.64 $0.00 $12,774.64 $7,885.87 $4,888.77 $2,695,578.77 $49,525.13 11 5/1/2028 $2,695,578.77 $12,774.64 $0.00 $12,774.64 $7,900.13 $4,874.50 $2,687,678.64 $54,399.64 12 6/1/2028 $2,687,678.64 $12,774.64 $0.00 $12,774.64 $7,914.42 $4,860.22 $2,679,764.22 $59,259.86 13 7/1/2028 $2,679,764.22 $12,774.64 $0.00 $12,774.64 $7,928.73 $4,845.91 $2,671,835.49 $64,105.76 14 8/1/2028 $2,671,835.49 $12,774.64 $0.00 $12,774.64 $7,943.07 $4,831.57 $2,663,892.42 $68,937.33 15 9/1/2028 $2,663,892.42 $12,774.64 $0.00 $12,774.64 $7,957.43 $4,817.21 $2,655,934.99 $73,754.54 Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
452
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
16 10/1/2028 $2,655,934.99 $12,774.64 $0.00 $12,774.64 $7,971.82 $4,802.82 $2,647,963.17 $78,557.35 17 11/1/2028 $2,647,963.17 $12,774.64 $0.00 $12,774.64 $7,986.24 $4,788.40 $2,639,976.93 $83,345.75 18 12/1/2028 $2,639,976.93 $12,774.64 $0.00 $12,774.64 $8,000.68 $4,773.96 $2,631,976.26 $88,119.71 19 1/1/2029 $2,631,976.26 $12,774.64 $0.00 $12,774.64 $8,015.15 $4,759.49 $2,623,961.11 $92,879.20 20 2/1/2029 $2,623,961.11 $12,774.64 $0.00 $12,774.64 $8,029.64 $4,745.00 $2,615,931.47 $97,624.20 21 3/1/2029 $2,615,931.47 $12,774.64 $0.00 $12,774.64 $8,044.16 $4,730.48 $2,607,887.31 $102,354.68 22 4/1/2029 $2,607,887.31 $12,774.64 $0.00 $12,774.64 $8,058.71 $4,715.93 $2,599,828.60 $107,070.60 23 5/1/2029 $2,599,828.60 $12,774.64 $0.00 $12,774.64 $8,073.28 $4,701.36 $2,591,755.32 $111,771.96 24 6/1/2029 $2,591,755.32 $12,774.64 $0.00 $12,774.64 $8,087.88 $4,686.76 $2,583,667.44 $116,458.72 25 7/1/2029 $2,583,667.44 $12,774.64 $0.00 $12,774.64 $8,102.50 $4,672.13 $2,575,564.94 $121,130.85 26 8/1/2029 $2,575,564.94 $12,774.64 $0.00 $12,774.64 $8,117.16 $4,657.48 $2,567,447.78 $125,788.33 27 9/1/2029 $2,567,447.78 $12,774.64 $0.00 $12,774.64 $8,131.84 $4,642.80 $2,559,315.95 $130,431.13 28 10/1/2029 $2,559,315.95 $12,774.64 $0.00 $12,774.64 $8,146.54 $4,628.10 $2,551,169.41 $135,059.23 29 11/1/2029 $2,551,169.41 $12,774.64 $0.00 $12,774.64 $8,161.27 $4,613.36 $2,543,008.14 $139,672.59 30 12/1/2029 $2,543,008.14 $12,774.64 $0.00 $12,774.64 $8,176.03 $4,598.61 $2,534,832.11 $144,271.20 31 1/1/2030 $2,534,832.11 $12,774.64 $0.00 $12,774.64 $8,190.82 $4,583.82 $2,526,641.29 $148,855.02
453
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
32 2/1/2030 $2,526,641.29 $12,774.64 $0.00 $12,774.64 $8,205.63 $4,569.01 $2,518,435.66 $153,424.03 33 3/1/2030 $2,518,435.66 $12,774.64 $0.00 $12,774.64 $8,220.47 $4,554.17 $2,510,215.20 $157,978.20 34 4/1/2030 $2,510,215.20 $12,774.64 $0.00 $12,774.64 $8,235.33 $4,539.31 $2,501,979.87 $162,517.51 35 5/1/2030 $2,501,979.87 $12,774.64 $0.00 $12,774.64 $8,250.22 $4,524.41 $2,493,729.65 $167,041.92 36 6/1/2030 $2,493,729.65 $12,774.64 $0.00 $12,774.64 $8,265.14 $4,509.49 $2,485,464.50 $171,551.42 37 7/1/2030 $2,485,464.50 $12,774.64 $0.00 $12,774.64 $8,280.09 $4,494.55 $2,477,184.42 $176,045.96 38 8/1/2030 $2,477,184.42 $12,774.64 $0.00 $12,774.64 $8,295.06 $4,479.58 $2,468,889.35 $180,525.54 39 9/1/2030 $2,468,889.35 $12,774.64 $0.00 $12,774.64 $8,310.06 $4,464.57 $2,460,579.29 $184,990.11 40 10/1/2030 $2,460,579.29 $12,774.64 $0.00 $12,774.64 $8,325.09 $4,449.55 $2,452,254.20 $189,439.66 41 11/1/2030 $2,452,254.20 $12,774.64 $0.00 $12,774.64 $8,340.14 $4,434.49 $2,443,914.06 $193,874.15 42 12/1/2030 $2,443,914.06 $12,774.64 $0.00 $12,774.64 $8,355.23 $4,419.41 $2,435,558.83 $198,293.57 43 1/1/2031 $2,435,558.83 $12,774.64 $0.00 $12,774.64 $8,370.33 $4,404.30 $2,427,188.50 $202,697.87 44 2/1/2031 $2,427,188.50 $12,774.64 $0.00 $12,774.64 $8,385.47 $4,389.17 $2,418,803.03 $207,087.03 45 3/1/2031 $2,418,803.03 $12,774.64 $0.00 $12,774.64 $8,400.63 $4,374.00 $2,410,402.40 $211,461.04 46 4/1/2031 $2,410,402.40 $12,774.64 $0.00 $12,774.64 $8,415.83 $4,358.81 $2,401,986.57 $215,819.85 47 5/1/2031 $2,401,986.57 $12,774.64 $0.00 $12,774.64 $8,431.04 $4,343.59 $2,393,555.53 $220,163.44
454
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
48 6/1/2031 $2,393,555.53 $12,774.64 $0.00 $12,774.64 $8,446.29 $4,328.35 $2,385,109.24 $224,491.79 49 7/1/2031 $2,385,109.24 $12,774.64 $0.00 $12,774.64 $8,461.56 $4,313.07 $2,376,647.67 $228,804.86 50 8/1/2031 $2,376,647.67 $12,774.64 $0.00 $12,774.64 $8,476.87 $4,297.77 $2,368,170.81 $233,102.63 51 9/1/2031 $2,368,170.81 $12,774.64 $0.00 $12,774.64 $8,492.19 $4,282.44 $2,359,678.61 $237,385.07 52 10/1/2031 $2,359,678.61 $12,774.64 $0.00 $12,774.64 $8,507.55 $4,267.09 $2,351,171.06 $241,652.16 53 11/1/2031 $2,351,171.06 $12,774.64 $0.00 $12,774.64 $8,522.94 $4,251.70 $2,342,648.13 $245,903.86 54 12/1/2031 $2,342,648.13 $12,774.64 $0.00 $12,774.64 $8,538.35 $4,236.29 $2,334,109.78 $250,140.15 55 1/1/2032 $2,334,109.78 $12,774.64 $0.00 $12,774.64 $8,553.79 $4,220.85 $2,325,555.99 $254,361.00 56 2/1/2032 $2,325,555.99 $12,774.64 $0.00 $12,774.64 $8,569.26 $4,205.38 $2,316,986.73 $258,566.38 57 3/1/2032 $2,316,986.73 $12,774.64 $0.00 $12,774.64 $8,584.75 $4,189.88 $2,308,401.98 $262,756.26 58 4/1/2032 $2,308,401.98 $12,774.64 $0.00 $12,774.64 $8,600.28 $4,174.36 $2,299,801.71 $266,930.62 59 5/1/2032 $2,299,801.71 $12,774.64 $0.00 $12,774.64 $8,615.83 $4,158.81 $2,291,185.88 $271,089.43 60 6/1/2032 $2,291,185.88 $12,774.64 $0.00 $12,774.64 $8,631.41 $4,143.23 $2,282,554.47 $275,232.66 61 7/1/2032 $2,282,554.47 $12,774.64 $0.00 $12,774.64 $8,647.02 $4,127.62 $2,273,907.45 $279,360.28 62 8/1/2032 $2,273,907.45 $12,774.64 $0.00 $12,774.64 $8,662.65 $4,111.98 $2,265,244.80 $283,472.26 63 9/1/2032 $2,265,244.80 $12,774.64 $0.00 $12,774.64 $8,678.32 $4,096.32 $2,256,566.48 $287,568.58
455
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
64 10/1/2032 $2,256,566.48 $12,774.64 $0.00 $12,774.64 $8,694.01 $4,080.62 $2,247,872.47 $291,649.20 65 11/1/2032 $2,247,872.47 $12,774.64 $0.00 $12,774.64 $8,709.73 $4,064.90 $2,239,162.73 $295,714.10 66 12/1/2032 $2,239,162.73 $12,774.64 $0.00 $12,774.64 $8,725.48 $4,049.15 $2,230,437.25 $299,763.26 67 1/1/2033 $2,230,437.25 $12,774.64 $0.00 $12,774.64 $8,741.26 $4,033.37 $2,221,695.99 $303,796.63 68 2/1/2033 $2,221,695.99 $12,774.64 $0.00 $12,774.64 $8,757.07 $4,017.57 $2,212,938.92 $307,814.20 69 3/1/2033 $2,212,938.92 $12,774.64 $0.00 $12,774.64 $8,772.91 $4,001.73 $2,204,166.01 $311,815.93 70 4/1/2033 $2,204,166.01 $12,774.64 $0.00 $12,774.64 $8,788.77 $3,985.87 $2,195,377.24 $315,801.80 71 5/1/2033 $2,195,377.24 $12,774.64 $0.00 $12,774.64 $8,804.66 $3,969.97 $2,186,572.58 $319,771.77 72 6/1/2033 $2,186,572.58 $12,774.64 $0.00 $12,774.64 $8,820.58 $3,954.05 $2,177,752.00 $323,725.82 73 7/1/2033 $2,177,752.00 $12,774.64 $0.00 $12,774.64 $8,836.53 $3,938.10 $2,168,915.46 $327,663.92 74 8/1/2033 $2,168,915.46 $12,774.64 $0.00 $12,774.64 $8,852.51 $3,922.12 $2,160,062.95 $331,586.04 75 9/1/2033 $2,160,062.95 $12,774.64 $0.00 $12,774.64 $8,868.52 $3,906.11 $2,151,194.42 $335,492.16 76 10/1/2033 $2,151,194.42 $12,774.64 $0.00 $12,774.64 $8,884.56 $3,890.08 $2,142,309.86 $339,382.24 77 11/1/2033 $2,142,309.86 $12,774.64 $0.00 $12,774.64 $8,900.63 $3,874.01 $2,133,409.24 $343,256.25 78 12/1/2033 $2,133,409.24 $12,774.64 $0.00 $12,774.64 $8,916.72 $3,857.92 $2,124,492.52 $347,114.16 79 1/1/2034 $2,124,492.52 $12,774.64 $0.00 $12,774.64 $8,932.85 $3,841.79 $2,115,559.67 $350,955.95
456
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
80 2/1/2034 $2,115,559.67 $12,774.64 $0.00 $12,774.64 $8,949.00 $3,825.64 $2,106,610.67 $354,781.59 81 3/1/2034 $2,106,610.67 $12,774.64 $0.00 $12,774.64 $8,965.18 $3,809.45 $2,097,645.49 $358,591.04 82 4/1/2034 $2,097,645.49 $12,774.64 $0.00 $12,774.64 $8,981.39 $3,793.24 $2,088,664.09 $362,384.28 83 5/1/2034 $2,088,664.09 $12,774.64 $0.00 $12,774.64 $8,997.64 $3,777.00 $2,079,666.46 $366,161.29 84 6/1/2034 $2,079,666.46 $12,774.64 $0.00 $12,774.64 $9,013.91 $3,760.73 $2,070,652.55 $369,922.02 85 7/1/2034 $2,070,652.55 $12,774.64 $0.00 $12,774.64 $9,030.21 $3,744.43 $2,061,622.35 $373,666.45 86 8/1/2034 $2,061,622.35 $12,774.64 $0.00 $12,774.64 $9,046.54 $3,728.10 $2,052,575.81 $377,394.55 87 9/1/2034 $2,052,575.81 $12,774.64 $0.00 $12,774.64 $9,062.90 $3,711.74 $2,043,512.92 $381,106.29 88 10/1/2034 $2,043,512.92 $12,774.64 $0.00 $12,774.64 $9,079.28 $3,695.35 $2,034,433.63 $384,801.64 89 11/1/2034 $2,034,433.63 $12,774.64 $0.00 $12,774.64 $9,095.70 $3,678.93 $2,025,337.93 $388,480.57 90 12/1/2034 $2,025,337.93 $12,774.64 $0.00 $12,774.64 $9,112.15 $3,662.49 $2,016,225.78 $392,143.06 91 1/1/2035 $2,016,225.78 $12,774.64 $0.00 $12,774.64 $9,128.63 $3,646.01 $2,007,097.15 $395,789.07 92 2/1/2035 $2,007,097.15 $12,774.64 $0.00 $12,774.64 $9,145.14 $3,629.50 $1,997,952.01 $399,418.57 93 3/1/2035 $1,997,952.01 $12,774.64 $0.00 $12,774.64 $9,161.67 $3,612.96 $1,988,790.34 $403,031.53 94 4/1/2035 $1,988,790.34 $12,774.64 $0.00 $12,774.64 $9,178.24 $3,596.40 $1,979,612.10 $406,627.93 95 5/1/2035 $1,979,612.10 $12,774.64 $0.00 $12,774.64 $9,194.84 $3,579.80 $1,970,417.26 $410,207.73
457
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
96 6/1/2035 $1,970,417.26 $12,774.64 $0.00 $12,774.64 $9,211.47 $3,563.17 $1,961,205.80 $413,770.90 97 7/1/2035 $1,961,205.80 $12,774.64 $0.00 $12,774.64 $9,228.12 $3,546.51 $1,951,977.68 $417,317.41 98 8/1/2035 $1,951,977.68 $12,774.64 $0.00 $12,774.64 $9,244.81 $3,529.83 $1,942,732.87 $420,847.24 99 9/1/2035 $1,942,732.87 $12,774.64 $0.00 $12,774.64 $9,261.53 $3,513.11 $1,933,471.34 $424,360.35 100 10/1/2035 $1,933,471.34 $12,774.64 $0.00 $12,774.64 $9,278.28 $3,496.36 $1,924,193.06 $427,856.71 101 11/1/2035 $1,924,193.06 $12,774.64 $0.00 $12,774.64 $9,295.05 $3,479.58 $1,914,898.01 $431,336.29 102 12/1/2035 $1,914,898.01 $12,774.64 $0.00 $12,774.64 $9,311.86 $3,462.77 $1,905,586.14 $434,799.06 103 1/1/2036 $1,905,586.14 $12,774.64 $0.00 $12,774.64 $9,328.70 $3,445.93 $1,896,257.44 $438,245.00 104 2/1/2036 $1,896,257.44 $12,774.64 $0.00 $12,774.64 $9,345.57 $3,429.07 $1,886,911.87 $441,674.06 105 3/1/2036 $1,886,911.87 $12,774.64 $0.00 $12,774.64 $9,362.47 $3,412.17 $1,877,549.40 $445,086.23 106 4/1/2036 $1,877,549.40 $12,774.64 $0.00 $12,774.64 $9,379.40 $3,395.24 $1,868,170.00 $448,481.47 107 5/1/2036 $1,868,170.00 $12,774.64 $0.00 $12,774.64 $9,396.36 $3,378.27 $1,858,773.64 $451,859.74 108 6/1/2036 $1,858,773.64 $12,774.64 $0.00 $12,774.64 $9,413.35 $3,361.28 $1,849,360.28 $455,221.02 109 7/1/2036 $1,849,360.28 $12,774.64 $0.00 $12,774.64 $9,430.38 $3,344.26 $1,839,929.91 $458,565.28 110 8/1/2036 $1,839,929.91 $12,774.64 $0.00 $12,774.64 $9,447.43 $3,327.21 $1,830,482.48 $461,892.49 111 9/1/2036 $1,830,482.48 $12,774.64 $0.00 $12,774.64 $9,464.51 $3,310.12 $1,821,017.96 $465,202.61
458
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
112 10/1/2036 $1,821,017.96 $12,774.64 $0.00 $12,774.64 $9,481.63 $3,293.01 $1,811,536.33 $468,495.62 113 11/1/2036 $1,811,536.33 $12,774.64 $0.00 $12,774.64 $9,498.77 $3,275.86 $1,802,037.56 $471,771.48 114 12/1/2036 $1,802,037.56 $12,774.64 $0.00 $12,774.64 $9,515.95 $3,258.68 $1,792,521.61 $475,030.16 115 1/1/2037 $1,792,521.61 $12,774.64 $0.00 $12,774.64 $9,533.16 $3,241.48 $1,782,988.45 $478,271.64 116 2/1/2037 $1,782,988.45 $12,774.64 $0.00 $12,774.64 $9,550.40 $3,224.24 $1,773,438.05 $481,495.88 117 3/1/2037 $1,773,438.05 $12,774.64 $0.00 $12,774.64 $9,567.67 $3,206.97 $1,763,870.38 $484,702.85 118 4/1/2037 $1,763,870.38 $12,774.64 $0.00 $12,774.64 $9,584.97 $3,189.67 $1,754,285.41 $487,892.51 119 5/1/2037 $1,754,285.41 $12,774.64 $0.00 $12,774.64 $9,602.30 $3,172.33 $1,744,683.10 $491,064.84 120 6/1/2037 $1,744,683.10 $12,774.64 $0.00 $12,774.64 $9,619.67 $3,154.97 $1,735,063.44 $494,219.81 121 7/1/2037 $1,735,063.44 $12,774.64 $0.00 $12,774.64 $9,637.06 $3,137.57 $1,725,426.37 $497,357.39 122 8/1/2037 $1,725,426.37 $12,774.64 $0.00 $12,774.64 $9,654.49 $3,120.15 $1,715,771.88 $500,477.53 123 9/1/2037 $1,715,771.88 $12,774.64 $0.00 $12,774.64 $9,671.95 $3,102.69 $1,706,099.93 $503,580.22 124 10/1/2037 $1,706,099.93 $12,774.64 $0.00 $12,774.64 $9,689.44 $3,085.20 $1,696,410.49 $506,665.42 125 11/1/2037 $1,696,410.49 $12,774.64 $0.00 $12,774.64 $9,706.96 $3,067.68 $1,686,703.53 $509,733.09 126 12/1/2037 $1,686,703.53 $12,774.64 $0.00 $12,774.64 $9,724.51 $3,050.12 $1,676,979.02 $512,783.21 127 1/1/2038 $1,676,979.02 $12,774.64 $0.00 $12,774.64 $9,742.10 $3,032.54 $1,667,236.92 $515,815.75
459
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
128 2/1/2038 $1,667,236.92 $12,774.64 $0.00 $12,774.64 $9,759.72 $3,014.92 $1,657,477.20 $518,830.67 129 3/1/2038 $1,657,477.20 $12,774.64 $0.00 $12,774.64 $9,777.37 $2,997.27 $1,647,699.84 $521,827.94 130 4/1/2038 $1,647,699.84 $12,774.64 $0.00 $12,774.64 $9,795.05 $2,979.59 $1,637,904.79 $524,807.53 131 5/1/2038 $1,637,904.79 $12,774.64 $0.00 $12,774.64 $9,812.76 $2,961.88 $1,628,092.03 $527,769.41 132 6/1/2038 $1,628,092.03 $12,774.64 $0.00 $12,774.64 $9,830.50 $2,944.13 $1,618,261.53 $530,713.54 133 7/1/2038 $1,618,261.53 $12,774.64 $0.00 $12,774.64 $9,848.28 $2,926.36 $1,608,413.25 $533,639.90 134 8/1/2038 $1,608,413.25 $12,774.64 $0.00 $12,774.64 $9,866.09 $2,908.55 $1,598,547.16 $536,548.45 135 9/1/2038 $1,598,547.16 $12,774.64 $0.00 $12,774.64 $9,883.93 $2,890.71 $1,588,663.23 $539,439.15 136 10/1/2038 $1,588,663.23 $12,774.64 $0.00 $12,774.64 $9,901.80 $2,872.83 $1,578,761.43 $542,311.99 137 11/1/2038 $1,578,761.43 $12,774.64 $0.00 $12,774.64 $9,919.71 $2,854.93 $1,568,841.72 $545,166.91 138 12/1/2038 $1,568,841.72 $12,774.64 $0.00 $12,774.64 $9,937.65 $2,836.99 $1,558,904.07 $548,003.90 139 1/1/2039 $1,558,904.07 $12,774.64 $0.00 $12,774.64 $9,955.62 $2,819.02 $1,548,948.45 $550,822.92 140 2/1/2039 $1,548,948.45 $12,774.64 $0.00 $12,774.64 $9,973.62 $2,801.02 $1,538,974.83 $553,623.94 141 3/1/2039 $1,538,974.83 $12,774.64 $0.00 $12,774.64 $9,991.66 $2,782.98 $1,528,983.17 $556,406.91 142 4/1/2039 $1,528,983.17 $12,774.64 $0.00 $12,774.64 $10,009.73 $2,764.91 $1,518,973.45 $559,171.83 143 5/1/2039 $1,518,973.45 $12,774.64 $0.00 $12,774.64 $10,027.83 $2,746.81 $1,508,945.62 $561,918.64
460
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
144 6/1/2039 $1,508,945.62 $12,774.64 $0.00 $12,774.64 $10,045.96 $2,728.68 $1,498,899.66 $564,647.31 145 7/1/2039 $1,498,899.66 $12,774.64 $0.00 $12,774.64 $10,064.13 $2,710.51 $1,488,835.54 $567,357.82 146 8/1/2039 $1,488,835.54 $12,774.64 $0.00 $12,774.64 $10,082.33 $2,692.31 $1,478,753.21 $570,050.13 147 9/1/2039 $1,478,753.21 $12,774.64 $0.00 $12,774.64 $10,100.56 $2,674.08 $1,468,652.65 $572,724.21 148 10/1/2039 $1,468,652.65 $12,774.64 $0.00 $12,774.64 $10,118.82 $2,655.81 $1,458,533.83 $575,380.03 149 11/1/2039 $1,458,533.83 $12,774.64 $0.00 $12,774.64 $10,137.12 $2,637.52 $1,448,396.71 $578,017.54 150 12/1/2039 $1,448,396.71 $12,774.64 $0.00 $12,774.64 $10,155.45 $2,619.18 $1,438,241.26 $580,636.73 151 1/1/2040 $1,438,241.26 $12,774.64 $0.00 $12,774.64 $10,173.82 $2,600.82 $1,428,067.44 $583,237.55 152 2/1/2040 $1,428,067.44 $12,774.64 $0.00 $12,774.64 $10,192.21 $2,582.42 $1,417,875.23 $585,819.97 153 3/1/2040 $1,417,875.23 $12,774.64 $0.00 $12,774.64 $10,210.65 $2,563.99 $1,407,664.58 $588,383.96 154 4/1/2040 $1,407,664.58 $12,774.64 $0.00 $12,774.64 $10,229.11 $2,545.53 $1,397,435.47 $590,929.49 155 5/1/2040 $1,397,435.47 $12,774.64 $0.00 $12,774.64 $10,247.61 $2,527.03 $1,387,187.86 $593,456.51 156 6/1/2040 $1,387,187.86 $12,774.64 $0.00 $12,774.64 $10,266.14 $2,508.50 $1,376,921.72 $595,965.01 157 7/1/2040 $1,376,921.72 $12,774.64 $0.00 $12,774.64 $10,284.70 $2,489.93 $1,366,637.02 $598,454.95 158 8/1/2040 $1,366,637.02 $12,774.64 $0.00 $12,774.64 $10,303.30 $2,471.34 $1,356,333.72 $600,926.28 159 9/1/2040 $1,356,333.72 $12,774.64 $0.00 $12,774.64 $10,321.93 $2,452.70 $1,346,011.79 $603,378.98
461
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
160 10/1/2040 $1,346,011.79 $12,774.64 $0.00 $12,774.64 $10,340.60 $2,434.04 $1,335,671.19 $605,813.02 161 11/1/2040 $1,335,671.19 $12,774.64 $0.00 $12,774.64 $10,359.30 $2,415.34 $1,325,311.89 $608,228.36 162 12/1/2040 $1,325,311.89 $12,774.64 $0.00 $12,774.64 $10,378.03 $2,396.61 $1,314,933.86 $610,624.97 163 1/1/2041 $1,314,933.86 $12,774.64 $0.00 $12,774.64 $10,396.80 $2,377.84 $1,304,537.06 $613,002.81 164 2/1/2041 $1,304,537.06 $12,774.64 $0.00 $12,774.64 $10,415.60 $2,359.04 $1,294,121.46 $615,361.84 165 3/1/2041 $1,294,121.46 $12,774.64 $0.00 $12,774.64 $10,434.43 $2,340.20 $1,283,687.03 $617,702.05 166 4/1/2041 $1,283,687.03 $12,774.64 $0.00 $12,774.64 $10,453.30 $2,321.33 $1,273,233.73 $620,023.38 167 5/1/2041 $1,273,233.73 $12,774.64 $0.00 $12,774.64 $10,472.21 $2,302.43 $1,262,761.52 $622,325.81 168 6/1/2041 $1,262,761.52 $12,774.64 $0.00 $12,774.64 $10,491.14 $2,283.49 $1,252,270.38 $624,609.31 169 7/1/2041 $1,252,270.38 $12,774.64 $0.00 $12,774.64 $10,510.11 $2,264.52 $1,241,760.27 $626,873.83 170 8/1/2041 $1,241,760.27 $12,774.64 $0.00 $12,774.64 $10,529.12 $2,245.52 $1,231,231.15 $629,119.34 171 9/1/2041 $1,231,231.15 $12,774.64 $0.00 $12,774.64 $10,548.16 $2,226.48 $1,220,682.99 $631,345.82 172 10/1/2041 $1,220,682.99 $12,774.64 $0.00 $12,774.64 $10,567.23 $2,207.40 $1,210,115.75 $633,553.22 173 11/1/2041 $1,210,115.75 $12,774.64 $0.00 $12,774.64 $10,586.34 $2,188.29 $1,199,529.41 $635,741.51 174 12/1/2041 $1,199,529.41 $12,774.64 $0.00 $12,774.64 $10,605.49 $2,169.15 $1,188,923.92 $637,910.66 175 1/1/2042 $1,188,923.92 $12,774.64 $0.00 $12,774.64 $10,624.67 $2,149.97 $1,178,299.25 $640,060.63
462
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
176 2/1/2042 $1,178,299.25 $12,774.64 $0.00 $12,774.64 $10,643.88 $2,130.76 $1,167,655.38 $642,191.39 177 3/1/2042 $1,167,655.38 $12,774.64 $0.00 $12,774.64 $10,663.13 $2,111.51 $1,156,992.25 $644,302.90 178 4/1/2042 $1,156,992.25 $12,774.64 $0.00 $12,774.64 $10,682.41 $2,092.23 $1,146,309.84 $646,395.13 179 5/1/2042 $1,146,309.84 $12,774.64 $0.00 $12,774.64 $10,701.73 $2,072.91 $1,135,608.11 $648,468.04 180 6/1/2042 $1,135,608.11 $12,774.64 $0.00 $12,774.64 $10,721.08 $2,053.56 $1,124,887.04 $650,521.60 181 7/1/2042 $1,124,887.04 $12,774.64 $0.00 $12,774.64 $10,740.47 $2,034.17 $1,114,146.57 $652,555.77 182 8/1/2042 $1,114,146.57 $12,774.64 $0.00 $12,774.64 $10,759.89 $2,014.75 $1,103,386.68 $654,570.52 183 9/1/2042 $1,103,386.68 $12,774.64 $0.00 $12,774.64 $10,779.35 $1,995.29 $1,092,607.34 $656,565.81 184 10/1/2042 $1,092,607.34 $12,774.64 $0.00 $12,774.64 $10,798.84 $1,975.80 $1,081,808.50 $658,541.61 185 11/1/2042 $1,081,808.50 $12,774.64 $0.00 $12,774.64 $10,818.37 $1,956.27 $1,070,990.13 $660,497.88 186 12/1/2042 $1,070,990.13 $12,774.64 $0.00 $12,774.64 $10,837.93 $1,936.71 $1,060,152.20 $662,434.58 187 1/1/2043 $1,060,152.20 $12,774.64 $0.00 $12,774.64 $10,857.53 $1,917.11 $1,049,294.67 $664,351.69 188 2/1/2043 $1,049,294.67 $12,774.64 $0.00 $12,774.64 $10,877.16 $1,897.47 $1,038,417.51 $666,249.17 189 3/1/2043 $1,038,417.51 $12,774.64 $0.00 $12,774.64 $10,896.83 $1,877.81 $1,027,520.68 $668,126.97 190 4/1/2043 $1,027,520.68 $12,774.64 $0.00 $12,774.64 $10,916.54 $1,858.10 $1,016,604.14 $669,985.07 191 5/1/2043 $1,016,604.14 $12,774.64 $0.00 $12,774.64 $10,936.28 $1,838.36 $1,005,667.87 $671,823.43
463
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
192 6/1/2043 $1,005,667.87 $12,774.64 $0.00 $12,774.64 $10,956.05 $1,818.58 $994,711.81 $673,642.01 193 7/1/2043 $994,711.81 $12,774.64 $0.00 $12,774.64 $10,975.87 $1,798.77 $983,735.95 $675,440.78 194 8/1/2043 $983,735.95 $12,774.64 $0.00 $12,774.64 $10,995.71 $1,778.92 $972,740.23 $677,219.71 195 9/1/2043 $972,740.23 $12,774.64 $0.00 $12,774.64 $11,015.60 $1,759.04 $961,724.64 $678,978.75 196 10/1/2043 $961,724.64 $12,774.64 $0.00 $12,774.64 $11,035.52 $1,739.12 $950,689.12 $680,717.86 197 11/1/2043 $950,689.12 $12,774.64 $0.00 $12,774.64 $11,055.47 $1,719.16 $939,633.64 $682,437.03 198 12/1/2043 $939,633.64 $12,774.64 $0.00 $12,774.64 $11,075.47 $1,699.17 $928,558.18 $684,136.20 199 1/1/2044 $928,558.18 $12,774.64 $0.00 $12,774.64 $11,095.49 $1,679.14 $917,462.69 $685,815.34 200 2/1/2044 $917,462.69 $12,774.64 $0.00 $12,774.64 $11,115.56 $1,659.08 $906,347.13 $687,474.42 201 3/1/2044 $906,347.13 $12,774.64 $0.00 $12,774.64 $11,135.66 $1,638.98 $895,211.47 $689,113.40 202 4/1/2044 $895,211.47 $12,774.64 $0.00 $12,774.64 $11,155.80 $1,618.84 $884,055.67 $690,732.24 203 5/1/2044 $884,055.67 $12,774.64 $0.00 $12,774.64 $11,175.97 $1,598.67 $872,879.70 $692,330.90 204 6/1/2044 $872,879.70 $12,774.64 $0.00 $12,774.64 $11,196.18 $1,578.46 $861,683.52 $693,909.36 205 7/1/2044 $861,683.52 $12,774.64 $0.00 $12,774.64 $11,216.43 $1,558.21 $850,467.10 $695,467.57 206 8/1/2044 $850,467.10 $12,774.64 $0.00 $12,774.64 $11,236.71 $1,537.93 $839,230.39 $697,005.50 207 9/1/2044 $839,230.39 $12,774.64 $0.00 $12,774.64 $11,257.03 $1,517.61 $827,973.36 $698,523.11
464
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
208 10/1/2044 $827,973.36 $12,774.64 $0.00 $12,774.64 $11,277.38 $1,497.25 $816,695.98 $700,020.36 209 11/1/2044 $816,695.98 $12,774.64 $0.00 $12,774.64 $11,297.78 $1,476.86 $805,398.20 $701,497.22 210 12/1/2044 $805,398.20 $12,774.64 $0.00 $12,774.64 $11,318.21 $1,456.43 $794,079.99 $702,953.65 211 1/1/2045 $794,079.99 $12,774.64 $0.00 $12,774.64 $11,338.68 $1,435.96 $782,741.32 $704,389.61 212 2/1/2045 $782,741.32 $12,774.64 $0.00 $12,774.64 $11,359.18 $1,415.46 $771,382.14 $705,805.07 213 3/1/2045 $771,382.14 $12,774.64 $0.00 $12,774.64 $11,379.72 $1,394.92 $760,002.42 $707,199.98 214 4/1/2045 $760,002.42 $12,774.64 $0.00 $12,774.64 $11,400.30 $1,374.34 $748,602.12 $708,574.32 215 5/1/2045 $748,602.12 $12,774.64 $0.00 $12,774.64 $11,420.91 $1,353.72 $737,181.20 $709,928.04 216 6/1/2045 $737,181.20 $12,774.64 $0.00 $12,774.64 $11,441.57 $1,333.07 $725,739.64 $711,261.11 217 7/1/2045 $725,739.64 $12,774.64 $0.00 $12,774.64 $11,462.26 $1,312.38 $714,277.38 $712,573.49 218 8/1/2045 $714,277.38 $12,774.64 $0.00 $12,774.64 $11,482.98 $1,291.65 $702,794.39 $713,865.14 219 9/1/2045 $702,794.39 $12,774.64 $0.00 $12,774.64 $11,503.75 $1,270.89 $691,290.64 $715,136.03 220 10/1/2045 $691,290.64 $12,774.64 $0.00 $12,774.64 $11,524.55 $1,250.08 $679,766.09 $716,386.11 221 11/1/2045 $679,766.09 $12,774.64 $0.00 $12,774.64 $11,545.39 $1,229.24 $668,220.70 $717,615.36 222 12/1/2045 $668,220.70 $12,774.64 $0.00 $12,774.64 $11,566.27 $1,208.37 $656,654.43 $718,823.72 223 1/1/2046 $656,654.43 $12,774.64 $0.00 $12,774.64 $11,587.19 $1,187.45 $645,067.24 $720,011.17
465
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
224 2/1/2046 $645,067.24 $12,774.64 $0.00 $12,774.64 $11,608.14 $1,166.50 $633,459.10 $721,177.67 225 3/1/2046 $633,459.10 $12,774.64 $0.00 $12,774.64 $11,629.13 $1,145.51 $621,829.97 $722,323.17 226 4/1/2046 $621,829.97 $12,774.64 $0.00 $12,774.64 $11,650.16 $1,124.48 $610,179.81 $723,447.65 227 5/1/2046 $610,179.81 $12,774.64 $0.00 $12,774.64 $11,671.23 $1,103.41 $598,508.58 $724,551.06 228 6/1/2046 $598,508.58 $12,774.64 $0.00 $12,774.64 $11,692.33 $1,082.30 $586,816.25 $725,633.36 229 7/1/2046 $586,816.25 $12,774.64 $0.00 $12,774.64 $11,713.48 $1,061.16 $575,102.77 $726,694.52 230 8/1/2046 $575,102.77 $12,774.64 $0.00 $12,774.64 $11,734.66 $1,039.98 $563,368.11 $727,734.50 231 9/1/2046 $563,368.11 $12,774.64 $0.00 $12,774.64 $11,755.88 $1,018.76 $551,612.23 $728,753.26 232 10/1/2046 $551,612.23 $12,774.64 $0.00 $12,774.64 $11,777.14 $997.50 $539,835.10 $729,750.76 233 11/1/2046 $539,835.10 $12,774.64 $0.00 $12,774.64 $11,798.43 $976.20 $528,036.66 $730,726.96 234 12/1/2046 $528,036.66 $12,774.64 $0.00 $12,774.64 $11,819.77 $954.87 $516,216.89 $731,681.82 235 1/1/2047 $516,216.89 $12,774.64 $0.00 $12,774.64 $11,841.14 $933.49 $504,375.75 $732,615.32 236 2/1/2047 $504,375.75 $12,774.64 $0.00 $12,774.64 $11,862.56 $912.08 $492,513.19 $733,527.40 237 3/1/2047 $492,513.19 $12,774.64 $0.00 $12,774.64 $11,884.01 $890.63 $480,629.18 $734,418.02 238 4/1/2047 $480,629.18 $12,774.64 $0.00 $12,774.64 $11,905.50 $869.14 $468,723.68 $735,287.16 239 5/1/2047 $468,723.68 $12,774.64 $0.00 $12,774.64 $11,927.03 $847.61 $456,796.66 $736,134.77
466
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
240 6/1/2047 $456,796.66 $12,774.64 $0.00 $12,774.64 $11,948.60 $826.04 $444,848.06 $736,960.81 241 7/1/2047 $444,848.06 $12,774.64 $0.00 $12,774.64 $11,970.20 $804.43 $432,877.86 $737,765.24 242 8/1/2047 $432,877.86 $12,774.64 $0.00 $12,774.64 $11,991.85 $782.79 $420,886.01 $738,548.03 243 9/1/2047 $420,886.01 $12,774.64 $0.00 $12,774.64 $12,013.53 $761.10 $408,872.47 $739,309.13 244 10/1/2047 $408,872.47 $12,774.64 $0.00 $12,774.64 $12,035.26 $739.38 $396,837.21 $740,048.51 245 11/1/2047 $396,837.21 $12,774.64 $0.00 $12,774.64 $12,057.02 $717.61 $384,780.19 $740,766.13 246 12/1/2047 $384,780.19 $12,774.64 $0.00 $12,774.64 $12,078.83 $695.81 $372,701.37 $741,461.94 247 1/1/2048 $372,701.37 $12,774.64 $0.00 $12,774.64 $12,100.67 $673.97 $360,600.70 $742,135.90 248 2/1/2048 $360,600.70 $12,774.64 $0.00 $12,774.64 $12,122.55 $652.09 $348,478.15 $742,787.99 249 3/1/2048 $348,478.15 $12,774.64 $0.00 $12,774.64 $12,144.47 $630.16 $336,333.68 $743,418.16 250 4/1/2048 $336,333.68 $12,774.64 $0.00 $12,774.64 $12,166.43 $608.20 $324,167.24 $744,026.36 251 5/1/2048 $324,167.24 $12,774.64 $0.00 $12,774.64 $12,188.43 $586.20 $311,978.81 $744,612.56 252 6/1/2048 $311,978.81 $12,774.64 $0.00 $12,774.64 $12,210.47 $564.16 $299,768.33 $745,176.72 253 7/1/2048 $299,768.33 $12,774.64 $0.00 $12,774.64 $12,232.56 $542.08 $287,535.78 $745,718.80 254 8/1/2048 $287,535.78 $12,774.64 $0.00 $12,774.64 $12,254.68 $519.96 $275,281.10 $746,238.76 255 9/1/2048 $275,281.10 $12,774.64 $0.00 $12,774.64 $12,276.84 $497.80 $263,004.27 $746,736.56
467
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
256 10/1/2048 $263,004.27 $12,774.64 $0.00 $12,774.64 $12,299.04 $475.60 $250,705.23 $747,212.16 257 11/1/2048 $250,705.23 $12,774.64 $0.00 $12,774.64 $12,321.28 $453.36 $238,383.95 $747,665.52 258 12/1/2048 $238,383.95 $12,774.64 $0.00 $12,774.64 $12,343.56 $431.08 $226,040.39 $748,096.60 259 1/1/2049 $226,040.39 $12,774.64 $0.00 $12,774.64 $12,365.88 $408.76 $213,674.51 $748,505.36 260 2/1/2049 $213,674.51 $12,774.64 $0.00 $12,774.64 $12,388.24 $386.39 $201,286.27 $748,891.75 261 3/1/2049 $201,286.27 $12,774.64 $0.00 $12,774.64 $12,410.64 $363.99 $188,875.63 $749,255.74 262 4/1/2049 $188,875.63 $12,774.64 $0.00 $12,774.64 $12,433.09 $341.55 $176,442.54 $749,597.29 263 5/1/2049 $176,442.54 $12,774.64 $0.00 $12,774.64 $12,455.57 $319.07 $163,986.97 $749,916.36 264 6/1/2049 $163,986.97 $12,774.64 $0.00 $12,774.64 $12,478.09 $296.54 $151,508.88 $750,212.90 265 7/1/2049 $151,508.88 $12,774.64 $0.00 $12,774.64 $12,500.66 $273.98 $139,008.22 $750,486.88 266 8/1/2049 $139,008.22 $12,774.64 $0.00 $12,774.64 $12,523.26 $251.37 $126,484.96 $750,738.26 267 9/1/2049 $126,484.96 $12,774.64 $0.00 $12,774.64 $12,545.91 $228.73 $113,939.05 $750,966.98 268 10/1/2049 $113,939.05 $12,774.64 $0.00 $12,774.64 $12,568.60 $206.04 $101,370.45 $751,173.02 269 11/1/2049 $101,370.45 $12,774.64 $0.00 $12,774.64 $12,591.32 $183.31 $88,779.13 $751,356.33 270 12/1/2049 $88,779.13 $12,774.64 $0.00 $12,774.64 $12,614.09 $160.54 $76,165.03 $751,516.88 271 1/1/2050 $76,165.03 $12,774.64 $0.00 $12,774.64 $12,636.90 $137.73 $63,528.13 $751,654.61
468
$2,773,800.00
2.17%
23 12
7/1/2027
Payment
Number
Payment
Date
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal Interest Ending
Balance
Cumulative
Interest
Scheduled payment $12,774.64
Scheduled number of payments 276
Loan Amortization Schedule
Loan amount
Annual interest rate
Enter Values Loan Summary
Loan period in years Actual number of payments
Number of payments per year Total early payments
Start date of loan Total interest $751,999.66
272 2/1/2050 $63,528.13 $12,774.64 $0.00 $12,774.64 $12,659.76 $114.88 $50,868.37 $751,769.49 273 3/1/2050 $50,868.37 $12,774.64 $0.00 $12,774.64 $12,682.65 $91.99 $38,185.72 $751,861.47 274 4/1/2050 $38,185.72 $12,774.64 $0.00 $12,774.64 $12,705.58 $69.05 $25,480.14 $751,930.53 275 5/1/2050 $25,480.14 $12,774.64 $0.00 $12,774.64 $12,728.56 $46.08 $12,751.58 $751,976.60 276 6/1/2050 $12,751.58 $12,774.64 $0.00 $12,751.58 $12,728.52 $23.06 $0.00 $751,999.66
469
ADELANTO PUBLIC UTILITY AUTHORITY
DATE:
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY:
SUBJECT: Consideration and Approval of Contract with Lan Wan Enterprise for the Installation of a Comprehensive Surveillance System within APUA's Water Facility Infrastructure
STAFF RECOMMENDATION:
It is recommended that the Board:
1. Award a contract to LAN WAN Enterprise in an amount not to exceed $1,682,573.22 for the implementation of the surveillance system project outlined in the attached proposal LAN_WAN_Enterprise.001780.v1.179-1.
2. Authorize the ongoing monthly maintenance and administration costs of $432,000 by LAN WAN Enterprise for three years( included in the $1,682,573.22 amount )
3. Approve the payment schedule as proposed with an initial payment of 65% of the project cost and the balance upon project completion.
4. Authorize and appropriate funds in the amount of $1,682,573.22 to the designated account for the Comprehensive Surveillance System; and
5. Authorize the City Manager to execute all documents associated with the project.
BACKGROUND:
The project proposed by LAN WAN Enterprise focuses on enhancing the security and surveillance capabilities at the City of Adelanto’s water facilities. Recognizing the critical nature of water infrastructure, this initiative is designed to mitigate potential threats and vulnerabilities through the implementation of a state-of-the-art surveillance system. The scope of this project includes the installation of advanced cameras and License Plate Readers (LPR) across various sites, such as water wells, treatment plants, and other essential facilities. To further bolster the resilience and operational efficiency of this security framework, the project will also enhance the overall infrastructure of all water facilities by installing 28 feet Concrete Poles. These poles are strategically designed to enhance visibility and are equipped to mount surveillance equipment, including cameras and LPRs. Additionally, 470
these poles will be integrated with power sources and/or Solar panels, ensuring a continuous and reliable supply of energy for uninterrupted surveillance and security operations. This comprehensive approach aims at providing a fortified security posture to safeguard the City of Adelanto’s critical water infrastructure against any form of threat or disruption.
The overarching goal is to provide comprehensive, real-time surveillance to bolster the security and safety of these vital resources. By improving incident response and providing continuous monitoring capabilities, the system is expected to enhance the operational efficiency and resilience of the City’s water utility services against potential security breaches or infrastructural compromises.
In addition to security enhancements, the project aligns with the City's commitment to safeguard sensitive information and maintain the integrity of its communication networks. Implementing encryption measures and secure access protocols ensures that the surveillance data remains protected against cyber threats. Furthermore, the system's design facilitates easy scalability and upgrades, ensuring that the City can adapt to evolving security technologies and threats.
This proactive approach to security represents an investment in the City's future, ensuring the protection of its critical water infrastructure and the continuation of safe and reliable utility services for all residents. The implementation of this surveillance system by LAN WAN Enterprise promises to set a new standard for municipal infrastructure security and operational excellence.
FISCAL IMPACT:
The not to exceed amount for the contract is $1,682,573.22 which would be paid from APUA funds.
ATTACHMENTS:
Consultant Proposal : LAN_WAN_Enterprise.001780.v1.179-1 Consultant CMAS Contracts : All CMAS Contracts Related to this project attached to this agenda . 471
2512/026150-0001
19521427.1 a02/23/24
ADELANTO PUBLIC UTILITY AUTHORITY (APUA)
PROFESSIONAL SERVICES AGREEMENT
SURVEILLANCE SYSTEM WITHIN APUA'S WATER FACILITY INFRASTRUCTURE THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 28th day of February 2024 (“Effective Date”) by and between ADELANTO PUBLIC UTILITY AUTHORITY (APUA), a California municipal corporation, (“City”) and LAN WAN ENTERPRISE, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on Feb 28th 2024 and shall end on December 28th 2027 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE MILLION, SIX
HUNDRED EIGHTY-TWO THOUSAND, FIVE HUNDRED SEVENTY-THREE DOLLARS AND TWENTY-TWO CENTS ($1,682,573.22) An initial payment of 65% of the total project cost is due upfront to secure commitment and resources before any work begins. The final payment, covering the remaining 35%, will be invoiced upon successful project completion, as determined by agreed milestones and criteria. Monthly support will commence following project completion. notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; 473
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f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and 474
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reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, 475
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employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
Surveillance System Within APUA’s Water Facility Infrastructure. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is:
ADELANTO PUBLIC UTILITY AUTHORITY (APUA), 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of 477
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Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or 478
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c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of 479
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personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, 480
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and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. 481
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c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
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7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 483
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bernardino County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing 485
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
LAN WAN Enterprise
Attn: Rami Dababneh , Executive VP
17500 Red Hill Ave., Ste. 120
Irvine, CA 92614
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
Attn: Jessie Flores , City Manager
11600 Air Expressway
Adelanto, CA 92301
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 487
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF ADELANTO
«City_Signature»
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
RAMI DABABNEH , Executive VP
BAN OWEIS , CEO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 490
2512
/026150-0001
19521427.1 a02/23/24 EXHIBIT A
.
491
PREPARED FOR
City of Adelanto
Jessie Flores
[email protected]
PREPARED BY
LAN WAN Enterprise IT Solutions
Sales Department
[email protected]
Water Site-Wide Security Cameras
and LPRs
QUOTE #001780 V1
492
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
About Our Team
Account Manager
[email protected]
(714) 393-2264
Operation Manager
[email protected]
(949) 526-6118
Solution Architect
[email protected]
(714) 788-9154
V2000 & V3000 Radio & Accessories
Hardware
Description Price Qty Ext. Price
STORAGE
NVR5 PRM 360TB 2U Rack Mnt, WS19 NA - 90 Days Retention. City policy is 365 days
CMAS # 3-24-01-1003
$93,784.25 1 $93,784.25
CAMERA including 5 years warranty
4X8MP, WDR, 360 degree max field of view, Lightcatcher, 3.3-5.7MM, Camera Only
CMAS Contract # 3-24-01-1003
$2,002.50 25 $50,062.50
H4 LPC Box camera, 3.0 MP, 4.7-84.6mm f/1.6 lens, with visible light blocker. Must be ordered in conjunction with ES-HD-IR-IP6 and ESHD-LP-HS CMAS Contract # 3-24-01-1003
$656.80 20 $13,136.00
IR illuminator, PoE+, Outdoor, included lens option for 60°, 35°, or 10° horizontal coverage. Included mounting adapter to ES-HD-LP-HS.
CMAS Contract # 3-24-01-1003
$625.45 20 $12,509.00
Quote #001780 v1 Feb 9, 2024 Page: 2 of 12
493
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
Standard format enclosure with heater, sunshield and PoE passthrough for a camera. PoE+ powers the camera enclosure and camera using one Ethernet connection.
CMAS Contract # 3-24-01-1003
$575.52 20 $11,510.40
40x512, H5A Thermal ,Bullet, 24.3mm f/1.0, NETD 50mK, 30Hz, NextGeneration Analytics Non Specific Price "NSP"
$5,244.69 1 $5,244.69
640x512, H5A Thermal ,Bullet, 18mm f/1.0, NETD 50mK, 30Hz, NextGeneration Analytics non specific price NSP
$4,552.74 1 $4,552.74
ACCESSORIES
Wall Mount for large pendant camera
Non-specific price NSP
$76.73 25 $1,918.25
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with the Avigilon H5A Multisensor Non-specific price NSP
$126.05 25 $3,151.25
Outdoor pendant mount adapter. For use with the Avigilon H5A Multisensor
Non-specific price NSP
$126.05 25 $3,151.25
POLE MOUNT FOR LRGE PENDT WLMT-1001
Non-specific price NSP
$72.74 27 $1,963.98
CORNER MNT FOR LRGE PENDT WLMT-1001
Non-specific price NSP
$91.71 1 $91.71
Optional IR illuminator ring, up to 30m (100ft), for use with H4AMHDO-COVR1.
CMAS Contract# 3-23-08-1040
$275.45 25 $6,886.25
NETWORKING
60W POE Injector
CMAS Contract# 3-23-08-1040
$111.95 25 $2,798.75
Solar Panels
Quote #001780 v1 Feb 9, 2024 Page: 3 of 12
494
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
Gridless Sentry 2: All-in-one battery kit in a rugged case. Includes five PoE ports for equipment.
CMAS # 3-23-08-1040
$4,346.20 27 $117,347.40
Radios
60GHz cnWave V5000 Distribution Node
CMAS Contract# 3-23-05-1052
$1,248.56 27 $33,711.12
Subtotal: $361,819.54
Software
Description Price Qty Ext. Price
Unity Enterprise camera channel
CMAS Contract# 3-22-03-1079
$200.19 47 $9,408.93
Unity Enterprise Smart Plan, 5 year
CMAS Contract# 3-22-03-1079
$75.90 47 $3,567.30
Unity LPR lane
CMAS Contract# 3-22-03-1079
$2,209.00 20 $44,180.00
Subtotal: $57,156.23
Services
Description Price Qty Ext. Price
Non Public Works Scope- Information Technology Services CMAS Contract# 3-22-10-1022
Labor - Project Services CMAS Contract# 3-22-10-1022
Project Overview:
The purpose of this project is to implement a comprehensive surveillance system, including cameras and License Plate Readers (LPR), at the City of Adelanto's water wells, water plants, and facilities. This initiative is driven by the need to enhance security, monitor critical infrastructure, and ensure the safety of these vital resources. The project is designed to provide real-time surveillance capabilities, improve incident response, and bolster the overall security posture of the City's water utility services.
The following scope of work outlines the tasks, responsibilities, and deliverables necessary for the successful implementation of this advanced surveillance system, ensuring its alignment with the City's $712,000.00 1 $712,000.00
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495
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Services
Description Price Qty Ext. Price
security and operational objectives.
P1 Project Planning: a. Conduct a site survey at City of Adelanto's water wells, water plants, and facilities to assess existing infrastructure, coverage areas, and potential obstacles for camera and LPR installation. b. Identify technical requirements, including network capacity, bandwidth, and equipment needed to establish a comprehensive camera and LPR system at these locations. c. Develop a project plan, outlining key milestones, timelines, and dependencies for the camera and LPR implementation process specific to water utility environments. d. Establish a project team consisting of IT professionals, security system engineers, and relevant stakeholders from the City of Adelanto’s Water Department.
P2 Sourcing and Procurement: a. Procure necessary equipment, including cameras, LPR systems, servers, and related hardware for the surveillance network tailored to the needs of water utility environments.
P4 Configurations and Setup: a. Configure the surveillance infrastructure to provide comprehensive coverage across City of Adelanto’s water wells, plants, and facilities, ensuring high-quality video feeds and reliable LPR data capture. b. Implement appropriate security measures, including data encryption and secure access protocols, to protect the surveillance network in a water utility setting.
P5 Internet Service Provider (ISP) Coordination: a. Collaborate with a reliable ISP to establish internet connectivity needed for the surveillance network at the water utility sites. b. Negotiate service agreements, bandwidth requirements, and SLAs with the ISP for high-volume data transmission. c. Coordinate with the ISP for seamless integration of their services with the camera and LPR network at these locations.
P6 Network Management and Monitoring: a. Implement a network management system to monitor the performance and availability of the camera and LPR network at the water utility sites. b. Use network monitoring tools to identify and resolve any connectivity or performance issues. c. Regularly assess network capacity and make adjustments to handle data from cameras and LPRs effectively at these sites.
P7 System Operation and Access: a. Establish a control center for monitoring camera feeds and LPR data at the City of Adelanto’s water facilities. b. Implement data management policies to ensure efficient storage, retrieval, and analysis of surveillance data. c. Provide training to authorized personnel on operating and accessing the surveillance system in a water utility context.
P8 Security and Privacy: a. Implement robust security measures to protect the surveillance network at water utility sites from unauthorized access and cyber threats. b. Ensure compliance with relevant privacy regulations and ethical guidelines in surveillance practices at these Quote #001780 v1 Feb 9, 2024 Page: 5 of 12
496
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Services
Description Price Qty Ext. Price
facilities. c. Educate authorized personnel about data protection, privacy, and responsible usage of the surveillance system in the context of water utility security.
P9 System Support and Maintenance (for the first 30 days): a.
Establish a support system to address technical issues and provide assistance related to the surveillance network at water utility sites. b.
Conduct regular maintenance and updates for system equipment to ensure optimal performance and security. c. Monitor feedback from the City of Adelanto’s Water Department and make improvements to enhance the system's effectiveness at these sites.
During the initial 30 days post-project completion, activities include establishing a support system, conducting maintenance and updates, and integrating feedback to enhance the surveillance network at the City of Adelanto’s water facilities.
Public Works - Labor in accordance with CMAS Public Contract Code (PCC)§ 1101.
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497
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Services
Description Price Qty Ext. Price
Labor - Project Services CMAS Contract# 3-22-10-1022
P3 Equipment Installation:
General Prevailing Wage Determination
a.Installation of new poles . 25 poles 28 feet height will be erected across the water facility sites. These poles will provide the necessary elevation and stability for optimal positioning and functionality of the surveillance equipment.
b.Install the surveillance equipment, including cameras and License Plate Readers (LPR), at strategic locations throughout the City of Adelanto's water wells, plants, and facilities. Utilize bucket trucks/lifts provided by LAN WAN for mounting equipment at required heights and positions. c. Ensure all surveillance devices, such as cameras and LPR systems, are securely mounted and positioned to optimize coverage and functionality. This includes careful placement to monitor critical areas and ensure comprehensive surveillance across the facilities.
Classification (Journeyperson)
General Prevailing Wage Determination Laborer and Related Classifications
# of Hours : 200 hours
hourly Rate: $385
General Prevailing Wage Determination
Classification (Apprentice)
Laborer and Related Classifications Period 1
# of Hours : 50 hours
Hourly Rate: $275
$90,750.00 1 $90,750.00
Subtotal: $802,750.00
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498
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Monthly Support
Description Recurring Price Qty Ext. Recurring Ext. Price Professional Service Agreement (Terms 36
months ) - Monthly support and
upgrades CMAS Contract# 3-22-10-1022
Separate and Secure Network: The
proposed camera system will
operate on a network that is distinct
from the existing City network,
ensuring heightened security. This
network will be exclusively managed
by our dedicated Security team,
emphasizing our commitment to
maintaining stringent security
protocols.
Dynamic Security Technology:
Acknowledging the ever-evolving
nature of security threats, it is
imperative to have a surveillance
system that is both adaptable and
advanced. Our proposal includes a
monthly support cost that facilitates
the continuous evolution of the City
of Adelanto's surveillance
capabilities.
State-of-the-Art Surveillance:
Through regular software updates
and system health checks, we
ensure that our surveillance system
remains at the forefront of
technology. This approach not only
addresses the dynamic challenges
of security but also ensures the
system's reliability and
effectiveness.
Integration of New Technologies:
Our commitment extends to the
$12,000.00 $12,000.00 36 $432,000.00 $432,000.00
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499
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Monthly Support
Description Recurring Price Qty Ext. Recurring Ext. Price integration of the latest security
technologies as they become
available. This proactive strategy
ensures that our surveillance
system is equipped to meet future
security challenges, keeping the
City of Adelanto ahead in security
preparedness.
Immediate Technical Support: The
proposed support cost includes
provisions for immediate technical
support ( Same Day response ) to
swiftly address and rectify any
issues. This minimizes downtime
and ensures the surveillance
system's continuous operation,
safeguarding our critical water
infrastructure.
Investment in Security: Investing in
ongoing maintenance, updates, and
upgrades is a testament to our
dedication to safeguarding the City's
assets. It is not merely a cost but a
strategic investment in enhancing
our security posture and ensuring
the effectiveness of our surveillance
system against changing security
challenges.
Proactive Monitoring and
Collaboration: In addition to the
comprehensive support and
maintenance of the surveillance
system, our proposal includes
continuous monitoring of the system
for any suspicious activities. We will
work in close collaboration with
security agencies and a dedicated
call center to ensure that any
potential threats are immediately
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500
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Monthly Support
Description Recurring Price Qty Ext. Recurring Ext. Price identified and reported to the City
authorities and the sheriff's
department ( City decides the
call flow action plan ) . This
collaborative approach enhances
our response capabilities, ensuring
a swift and coordinated action to
maintain public safety and security.
Monthly Subtotal: $432,000.00
Subtotal: $432,000.00
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501
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Water Site-Wide Security Cameras and LPRs
Prepared by: Prepared for: Quote Information:
LAN WAN Enterprise IT Solutions City of Adelanto Quote #: 001780 Sales Department
844-526-9263
[email protected]
11600 Air Expressway
Adelanto, CA 92301
Jessie Flores
(760) 246-2300
[email protected]
Version: 1
Delivery Date: 02/08/2024
Expiration Date: 02/15/2024
Quote Summary
Description Amount
Hardware $361,819.54
Software $57,156.23
Services $802,750.00
Monthly Support $432,000.00
Subtotal: $1,653,725.77
Shipping: $748.45
Estimated Tax: $28,099.00
Total: $1,682,573.22
Monthly Expenses Summary
Description Amount
Monthly Support $432,000.00
Monthly Total: $432,000.00
Payment Options
Description Payments Interval Amount
Term Options
Payment Terms 1 One-Time $1,682,573.22
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502
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Summary of Selected Payment Options
Description Amount
Term Options: Payment Terms
Total of Payments $1,682,573.22
- Initial Payment (Upfront): 65% of the total (one Time) project cost will be due upfront before the commencement of any work.
This initial payment is intended to secure commitment and resources for the project. - Final Payment (Upon Completion): The remaining 35% of the total project cost will be invoiced upon successful completion of the project, as determined by the mutually agreed-upon project milestones and acceptance criteria. - Monthly Support starts upon the completion of the project - Taxes, shipping, handling and other fees may apply
- Quoted costs and services are only valid for 15 days from the date of the proposal.
LAN WAN Enterprise IT Solutions City of Adelanto
Signature:
Name: Sales Department
Title: Pre\Post Sales Department
Date: 02/08/2024
Signature:
Name: Jessie Flores
Date:
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503
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
LAN WAN Enterprise, Inc. Categories Information
CMAS NUMBER: 3-22-10-1022
CMAS TERM DATES: 10/12/2022 through 03/10/2026
CMAS CATEGORY: Information Technology Goods and Services
APPLICABLE
TERMS & CONDITIONS: January 20, 2022
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: GS-35F-0280X
BASE SCHEDULE HOLDER: Protiviti Government Services, Inc.
This California Multiple Award Schedule (CMAS) provides for the purchase and warranty of Information Technology (IT) consulting services. (See page 2 for the job titles and restrictions applicable to this CMAS.)
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination.
Effective Date: 10/12/2022 Original Signature on File
Katelynne Leisenring, Program Analyst, California Multiple Award Schedules Unit 504
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 2
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available.
IT Consult-Internet Security
IT Consult-LAN/WAN
IT Consult-Process Reengineer
IT Consult-Programming
IT Consult-Project Mgmt
IT Consult-Project Planning
IT Consult-Quality Assurance
IT Consult-Require Analysis
IT Consult-Risk Mgmt
IT Consult-Security Assessment
IT Consult-System Integration
AVAILABLE PRODUCTS AND/OR SERVICES
Only the following job titles are available within the scope of this CMAS:
Computer Security Specialist I
Computer Security Specialist II
Computer Security Specialist III
Computer Specialist I
Computer Specialist II
Consultant II
IT Project Manager
Software/Network Engineer I
Software/Network Engineer II
Software/Network Engineer III
Subject Matter Expert I
Subject Matter Expert II
System Administrator I
System Administrator II
System Administrator III
You may verify the following current information about the job titles available in the base schedule at the General Services Administration (GSA) eLibrary:
• Description of the functional requirements
• Minimum education and experience requirements
• Maximum pricing allowed (lower pricing acceptable)
EXCLUDED PRODUCTS AND/OR SERVICES
The sale of software, software maintenance as a product, homeland security presidential directive 12 product and service components, business administrative (non-IT) consulting services and order-level materials are not available under this CMAS. 505
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 3
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
LAN WAN Enterprise, Inc.
17500 Red Hill Ave, Suite 120
Irvine, CA 92614
Attn: Rami Dababneh
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Rami Dababneh
Phone: (714) 393-2264
E-mail: [email protected]
Website: https://lanwane.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.
MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
506
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 4 EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule, the CMAS Terms and Conditions, General Provisions, and CMAS Warranty.
CMAS contractor personnel shall have the experience, education, and expertise as defined in the base schedule.
DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold. State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.
507
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 5
HOW TO USE CMAS
Agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
508
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 6
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited.
Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329.
Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
509
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 7
3. Multiple CMAS Agreements on a Single Purchase Order
Agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the purchase order limit identified in the CMAS.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed. 510
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 8
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2017889 expires on 02/29/2024.
If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
511
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 9 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
INTEGRATED SERVICES
Agencies are prohibited from using CMAS for large-scale information technology system integration projects except when specifically approved by the California Department of Technology. 512
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 10
CONSULTING OR PERSONAL SERVICES
To ensure sufficient expertise for all consulting or personal services, prior to issuing an order, the agency is required to review the resumes of all personnel the CMAS contractor intends to use to fulfill the order. Each agency is responsible for verifying that contractor personnel meet any education or experience requirements listed in the base schedule.
Each order should contain, as a minimum, a description of the task, a statement of the contractor’s responsibilities, completion criteria, a list of deliverable items (if any), the estimated start date, the scheduled completion date, and a fixed cost for each task.
The aggregate of the fixed costs for all tasks constitutes the fixed price ceiling for all tasks described.
1. Progress Payments
For an IT service CMAS see the CMAS IT Terms and Conditions, Provision #75, CMAS Progress Payments & Risk Assessment.
2. Outsourcing Services
Careful analysis must be given by State agencies to using contracted personnel rather than using civil service positions within State government.
GC 19130(c) requires that all persons who provide services to the State under conditions that constitute an employment relationship shall, unless exempted by Article VII (Section 4) of the California Constitution, be retained under an appropriate civil service appointment.
Issuing a CMAS purchase order for services to an independent contractor is permissible when any of the following conditions set forth in GC 19130(b) can be met:
• Exempt under Constitution
• New State function and legislative authority
• Service not available; highly specialized or technical • Incidental to the purchase or lease
• Conflict of interest; need unbiased findings
• Emergency appointment
• Private counsel, with Attorney General approval and Governor’s Office, if applicable • Contractor will provide deliverables that are not feasible for the State to provide • Training when civil service is not available
• Urgent, temporary, or occasional services when civil service delay would frustrate the purpose (see Option 2)
513
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 11 When justified as outlined above, personal services must fall under one of the two following options:
Option 1. CMAS orders for personal services such as project management, independent verification and validation, systems analysis and design, and miscellaneous services are not limited to the number of hours or months per year that a consultant can work if the services contracted for are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system (GC 19130.b (3)).
Option 2. CMAS personal services orders for programmers, systems analysts, and technical specialists which are of an urgent, temporary, or occasional nature, such that hiring additional civil service positions is not feasible, are limited to 9 months (1,548 hours) per consultant within a twelve consecutive month period (GC 19130.b (10)/California State Constitution, Article VII, Section 5).
This provision is per agency and is inclusive of orders issued on your behalf by another agency.
Contractors must wait three months from CMAS order termination/expiration before submitting the candidate’s resume for work at the same agency/department.
For both options above, the contractor may conduct training courses for which appropriately qualified civil service instructors are not available provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment (GC 19130.b (9)).
For each order, the agency must prepare and retain in their file a written justification that includes specific and detailed factual information that demonstrates that the contract meets one or more of the conditions set forth in (GC 19130(b)).
3. State Personnel Board Requirements
State Personnel Board approval is required for a purchase order based on cost savings to the State as justification for not using civil service personnel.
4. Statement of Work
A Statement of Work (SOW) must be prepared as applicable for each purchase order.
Information regarding the preparation of a SOW is available at the CMAS website, select “Statement of Work Information”. Agencies are strongly encouraged to use this information when developing SOW requirements that will accompany the RFO and the resulting purchase order.
514
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 12
5. Follow-on Contracts Are Prohibited
No person, firm, or subsidiary thereof who has been awarded a purchase order for consulting services, or a purchase order that includes a consulting component, may be awarded a purchase order for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the purchase order (PCC 10365.5).
Therefore, any consultant who develops a program study or provides formal recommendations is precluded from providing any work recommended in the program study or the formal recommendation.
CONTRACTOR EVALUATIONS
Pursuant to PCC 12102.3, a post evaluation must be completed for all IT services $500,000 and over related to an IT project as defined in the SAM 4819.2. A copy of the post evaluation and subsequent comments from the contractor must be sent to [email protected]. A post evaluation and contractor response pursuant to PCC 12102.3 is exempt from the Public Records Act.
Buyers must complete a Post Evaluation for IT Services Contracts (STD 971) for each completed IT services contract totaling $500,000 or more AND related to an IT project (both delegated and non-delegated IT projects as defined by the State Administrative Manual).
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
515
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 13
UPDATES AND/OR CHANGES
A CMAS supplement is not required for updates and/or changes once the update and/or change becomes effective for the base schedule, except as follows:
• A CMAS supplement is required when the CMAS is based on specific products and/or services from another contractor’s multiple award contract and the contractor wants to add a new manufacturer’s products and/or services.
• A CMAS supplement is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements. However, there is no guarantee that every requirement that pertains to all State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later. 516
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 14
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management and Information Guide.
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match or the State Controller’s Office will not approve payment.
517
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 15
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies are required to utilize the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
8. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State.
Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at [email protected] for further information.
OBTAINING COPY OF ORIGINAL CMAS AND SUPPLEMENTS
A copy of a CMAS and supplements, if any, can be obtained at Cal eProcure. A complete CMAS consists of the following:
• CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit) • CMAS Terms and Conditions.
• Base schedule terms and conditions
• Product/service listing and prices
• Supplements, if applicable.
518
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 16 It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline substantiation that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific pages from the base schedule that include the required products, services, and prices. Agencies should save these pages for their file documentation.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
Travel costs are not included in the contractor’s awarded hourly rates. If an agency purchase order allows for travel costs, reimbursement for contractor’s personnel for travel, per diem, lodging, meals, and incidentals shall not exceed State rates current at the time of purchase as defined in the California Department of Human Resources Rules 599.615 to 599.635. Travel costs allowed by the agency shall be itemized separately on the purchase order.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. 519
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NO 3-22-10-1022
July 22, 2022 Ordering Instructions and Special Provisions 17
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website. 520
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
LAN WAN Enterprise, Inc. Categories Information
CMAS NUMBER: 3-23-05-1052
CMAS TERM DATES: 5/23/2023 through 8/22/2024
EFFECTIVE DATE: 5/23/2023
CMAS CATEGORY: Information Technology Goods and Services
APPLICABLE CMAS
TERMS & CONDITIONS: March 1, 2023
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: 47QTCA19D00JN
BASE SCHEDULE HOLDER: Computech International, Inc.
PROGRAM ANALYST Bryan Dugger
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and installation of hardware, hardware maintenance and repair services, software, software maintenance as a product, and cloud computing services. (See page 3 for the restrictions applicable to this CMAS.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.
If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.
Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base schedule are not applicable to this CMAS. 521
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 2 Buyers must verify that the CMAS contractor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products covered by this CMAS. Service specific letters of authorization from the manufacturer are required if the CMAS contractor is providing installation, maintenance, and repair services.
The services provided under this CMAS are only available in support of the products covered by this CMAS.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination. 522
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available.
Brand-Panasonic
Brand-Tripplite
Data Commun-Component
Data Commun-Data Switch
Data Commun-Network Mgmt
Data Commun-Wireless
Lan/Wan-Wireless Network
Network-Component
Network-System
Security-Wireless
AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, and installation of hardware, hardware maintenance and repair services, software, software maintenance as a product, and cloud computing services.
The ordering agency must verify all products and/or services are currently available on the base General Services Administration (GSA) schedule.
FIND BASE SCHEDULE PRICING
Once on the Contractor Information page for a specific GSA schedule, the pricelist can be found either in the Contractor Terms & Conditions (T&Cs)/Pricelist document or at GSA Advantage. The Contractor T&Cs/Pricelist document is provided by the contractor as a requirement of GSA and can be found under the Contractor T&Cs/Pricelist heading by clicking on the page icon.
If the contractor has products/services available for ordering on GSA Advantage, a ‘GSA Advantage’ icon will be displayed. By clicking this image link, this will execute a search against GSA Advantage. Depending on the category, whether product or service related, will return either:
1) If products, a listing of all products available for the contractor under this contract 2) If services, the same document provided under the column Contractor T&Cs/Pricelist by clicking View Contractor Information and then View Contractor Catalog.
EXCLUDED PRODUCTS AND/OR SERVICES
Software maintenance as a service, non-Information Technology office products, and order-level materials are not available under this CMAS.
523
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 4
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
LAN WAN Enterprise, Inc.
17500 Red Hill Avenue, Suite 120
Irvine, CA 92614
Attn: Rami Dababneh
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Rami Dababneh
Phone: (714) 393-2264
E-mail: [email protected]
Website: https://lanwane.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 100219114. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued under this CMAS is $100.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
524
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 5
ACQUISITION OF IAAS AND/OR PAAS
If using this CMAS for the purpose of acquiring Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS), State agencies must first obtain approval to use this CMAS from the California Department of Technology (CDT) in accordance with TL 17-06. State agencies must document CDT’s approval and maintain in the procurement file. Contact CDT for all questions related to the acquisition of IaaS and PaaS and TL 17-06.
EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.
DELIVERY
7 days after receipt of order or as negotiated between agency and CMAS contractor and included in the purchase order.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. 525
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 6
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.
CANCELLATION AND/OR RESTOCKING FEE
Restocking Fee: On a case-by-case basis, a return may be authorized for an open box and a restocking fee of up to 15% will be applied.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.
HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
526
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 7 • This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies. 527
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 8
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
528
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 9
3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.
529
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 10
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2017889 expires on 2/29/2024.
If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
530
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 11 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer. 531
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 12
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
532
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 13
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website.
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at the CALPIA website.
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per Statewide Information Management Manual Section 195.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
533
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 14 Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price. 534
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 15 NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.
State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 1051330. This is a Class C-7 Low Voltage Systems license that is valid through 3/31/2025.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base schedule may not be identified as an NSP item. 535
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 16
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base schedule, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base schedule, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
536
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 17
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). 537
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 18
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management Guide. 538
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 19
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
539
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 20
8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
10.Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (e.g., toner, developer, staples), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
540
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-05-1052
December 09, 2022 Ordering Instructions and Special Provisions 21
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base schedule are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline verification that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific location in the base schedule that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website. 541
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
LAN WAN Enterprise, Inc. Categories Information
CMAS NUMBER: 3-23-08-1040
CMAS TERM DATES: 08/22/2023 through 03/31/2027
EFFECTIVE DATE: 08/22/2023
CMAS CATEGORY: Information Technology Goods and Services
APPLICABLE CMAS
TERMS & CONDITIONS: March 1, 2023
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: GS-07F-091GA
BASE SCHEDULE HOLDER: Blue Violet Networks LLC
PROGRAM ANALYST
John Dickinson
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and installation of surveillance systems and physical access control systems. (See pages 3 through 4 for the job titles and restrictions applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.
If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.
Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base schedule are not applicable to this CMAS. 542
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 2 Buyers must verify that the CMAS contractor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products covered by this CMAS. Service specific letters of authorization from the manufacturer are required if the CMAS contractor is providing installation services.
The services provided under this CMAS are only available in support of the products covered by this CMAS.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination. 543
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available.
Brand-Avigilon
Security-Access Control System
Security-Components
Security-Software
Security-Surveillance System
Service-Equipment Installation
Video-Identification System
Video-Surveillance Camera
AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, and installation of surveillance systems and physical access control systems.
The ordering agency must verify all products and/or services are currently available on the base General Services Administration (GSA) schedule.
Only the following job titles are available within the scope of this CMAS:
Security Technician I
Security Technician II
The ordering agency must verify the following current information about the job titles available in the base schedule at the General Services Administration (GSA) eLibrary:
• Description of the functional requirements
• Minimum education and experience requirements
• Maximum pricing allowed (lower pricing acceptable)
FIND BASE SCHEDULE PRICING
Once on the Contractor Information page for a specific GSA schedule, the pricelist can be found either in the Contractor Terms & Conditions (T&Cs)/Pricelist document or at GSA Advantage. The Contractor T&Cs/Pricelist document is provided by the contractor as a requirement of GSA and can be found under the Contractor T&Cs/Pricelist heading by clicking on the page icon.
If the contractor has products/services available for ordering on GSA Advantage, a ‘GSA Advantage’ icon will be displayed. By clicking this image link, this will execute a search against GSA Advantage. Depending on the category, whether product or service related, will return either:
1) If products, a listing of all products available for the contractor under this contract 2) If services, the same document provided under the column Contractor T&Cs/Pricelist by clicking View Contractor Information and then View Contractor Catalog. 544
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 4
EXCLUDED PRODUCTS AND/OR SERVICES
Software maintenance as a service and order-level materials are not available under this CMAS.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
LAN WAN Enterprise, Inc.
17500 Red Hill Ave, Suite 120
Irvine, CA 92614
Attn: Rami Dababneh
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Rami Dababneh
Phone: (714) 393-2264
E-mail: [email protected]
Website: https://lanwane.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 100219114. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued under this CMAS is $100. 545
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 5
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.
CMAS contractor personnel shall have the experience, education, and expertise as defined in the base schedule.
DELIVERY
45 days after receipt of order or as negotiated between agency and CMAS contractor and included in the purchase order.
546
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 6
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Origin. Buying agency pays the freight charges.
State agencies shall follow the instructions below whenever the weight of the purchase is 100 lbs. or more and F.O.B. Destination, Freight Prepaid is not used. This requirement is not applicable to local government agencies.
All shipments will be made by ground transportation unless otherwise ordered on the purchase order.
Traffic Management Unit (TMU) approval is not required for any Leveraged Procurement Agreement negotiated by DGS; however, it is recommended that state agencies contact TMU for a freight weight comparison using the Freight Analysis Worksheet on the TMU website, under the “Forms” heading to ensure the state is getting the most reasonable shipping cost.
Note: If shipping charges for purchases weighing less than 100 lbs. appear to be excessive (e.g., $500 for a 5 lb. package where the shipping charge is a percentage of the cost of the item being purchased), departments are encouraged to contact TMU for help to obtain more appropriate pricing. TMU contact information can be found at the TMU website.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.
HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. 547
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 7 • A Work Order Authorization (WOA) may be used to document completion of pre-determined tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to approve release for the next phase of the agreement but cannot be used to identify any tasks other than the ones called out in the SOW. The WOA will be signed by all parties and may be submitted for progress payments under the award. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
548
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 8 It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
549
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 9
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.
550
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 10
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2017889 expires on 02/29/2024.
If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
551
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 11 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer. 552
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 12
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
553
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 13
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website.
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at the CALPIA website.
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per Statewide Information Management Manual Section 195.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
554
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 14 Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price. 555
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 15 NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.
State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 1051330. This is a Class C-7 Low Voltage Systems license that is valid through 03/31/2023.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base schedule may not be identified as an NSP item. 556
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 16
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base schedule, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base schedule, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
557
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 17
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). 558
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 18
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management Guide. 559
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 19
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
560
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-23-08-1040
July 13, 2023 Ordering Instructions and Special Provisions 20
8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base schedule are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline verification that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific location in the base schedule that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website. 561
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
LAN WAN Enterprise, Inc. Categories Information
CMAS NUMBER: 3-24-01-1003
CMAS TERM DATES: 1/03/2024 through 4/12/2028
EFFECTIVE DATE: 1/03/2024
CMAS CATEGORY: Information Technology Goods and Services
APPLICABLE CMAS
TERMS & CONDITIONS: March 1, 2023
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: 47QSWA18D003K
BASE SCHEDULE HOLDER: ICU Technologies Inc
PROGRAM ANALYST Bryan Dugger
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, integration, installation, maintenance, and repair of surveillance systems, security and detection systems, physical access control systems, software maintenance as a product, Software as a Service (SaaS), and other cloud computing services. (See pages 3 and 4 for the job titles and restrictions applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.
If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.
Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base schedule are not applicable to this CMAS. 562
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 2 Buyers must verify that the CMAS contractor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products covered by this CMAS. Service specific letters of authorization from the manufacturer are required if the CMAS contractor is providing installation, maintenance, and repair services.
The services provided under this CMAS are only available in support of the products covered by this CMAS.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination. 563
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available.
Brand-Avigilon
Data Commun-Network Mgmt
LAN/WAN-Wireless Network
Network-System
Security-Access Control System
Security-IT Hardware
Security-IT Network
Video Equipment-Accessories
Video-Surveillance Camera
AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, integration, installation, maintenance, and repair of surveillance systems, security and detection systems, physical access control systems, software maintenance as a product, Software as a Service (SaaS), and other cloud computing services.
The ordering agency must verify all products and/or services are currently available on the base General Services Administration (GSA) schedule.
Only the following job titles are available within the scope of this CMAS:
Security Technician I
Security Technician II
The ordering agency must verify the following current information about the job titles available in the base schedule at the General Services Administration (GSA) eLibrary:
• Description of the functional requirements
• Minimum education and experience requirements
• Maximum pricing allowed (lower pricing acceptable)
FIND BASE SCHEDULE PRICING
Once on the Contractor Information page for a specific GSA schedule, the pricelist can be found either in the Contractor Terms & Conditions (T&Cs)/Pricelist document or at GSA Advantage. The Contractor T&Cs/Pricelist document is provided by the contractor as a requirement of GSA and can be found under the Contractor T&Cs/Pricelist heading by clicking on the page icon. 564
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 4 If the contractor has products/services available for ordering on GSA Advantage, a ‘GSA Advantage’ icon will be displayed. By clicking this image link, this will execute a search against GSA Advantage. Depending on the category, whether product or service related, will return either:
1) If products, a listing of all products available for the contractor under this contract 2) If services, the same document provided under the column Contractor T&Cs/Pricelist by clicking View Contractor Information and then View Contractor Catalog.
EXCLUDED PRODUCTS AND/OR SERVICES
Software maintenance as a service, security system design, management, and life cycle support, training courses, ancillary supplies and services, and order-level materials are not available under this CMAS.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
LAN WAN Enterprise, Inc.
17500 Red Hill Avenue, Suite 120
Irvine, CA 92614
Attn: Rami Dababneh
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Rami Dababneh
Phone: (714) 393-2264
E-mail: [email protected]
Website: https://lanwane.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 100219114. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.
565
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 5
MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
PRICE DISCOUNTS
This CMAS contains dollar volume discounts. See the base schedule for the specific discount percentage.
ACQUISITION OF IAAS AND/OR PAAS
If using this CMAS for the purpose of acquiring Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS), State agencies must first obtain approval to use this CMAS from the California Department of Technology (CDT) in accordance with TL 17-06. State agencies must document CDT’s approval and maintain in the procurement file. Contact CDT for all questions related to the acquisition of IaaS and PaaS and TL 17-06.
EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.
566
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 6
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.
CMAS contractor personnel shall have the experience, education, and expertise as defined in the base schedule.
DELIVERY
30 days after receipt of order or as negotiated between agency and CMAS contractor and included in the purchase order.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Origin. Buying agency pays the freight charges.
State agencies shall follow the instructions below whenever the weight of the purchase is 100 lbs. or more and F.O.B. Destination, Freight Prepaid is not used. This requirement is not applicable to local government agencies.
All shipments will be made by ground transportation unless otherwise ordered on the purchase order.
Traffic Management Unit (TMU) approval is not required for any Leveraged Procurement Agreement negotiated by DGS; however, it is recommended that state agencies contact TMU for a freight weight comparison using the Freight Analysis Worksheet on the TMU website, under the “Forms” heading to ensure the state is getting the most reasonable shipping cost.
Note: If shipping charges for purchases weighing less than 100 lbs. appear to be excessive (e.g., $500 for a 5 lb. package where the shipping charge is a percentage of the cost of the item being purchased), departments are encouraged to contact TMU for help to obtain more appropriate pricing. TMU contact information can be found at the TMU website. 567
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 7
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.
HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • A Work Order Authorization (WOA) may be used to document completion of pre-determined tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to approve release for the next phase of the agreement but cannot be used to identify any tasks other than the ones called out in the SOW. The WOA will be signed by all parties and may be submitted for progress payments under the award. • Projects can be performed on a Fixed Price Per Deliverable (FP/D). Fixed Price; FP/D: A defined service, or set of services, performed by Contractor in response to a defined task, or set of tasks, at a specific fixed price, and delivered per a specific schedule. Note: When using FP/D the Statement of Work must describe in detail the particular project and the work that the selected Qualified Contractor will be required to perform. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
568
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 8 • If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
569
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 9
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
570
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 10
3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.
571
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 11
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2017889 expires on 2/29/2024.
If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
572
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 12 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer. 573
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 13
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
574
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 14
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website.
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at the CALPIA website.
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per Statewide Information Management Manual Section 195.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
575
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 15 Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price. 576
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 16 NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.
State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 1051330. This is a Class C-7 Low Voltage Systems license that is valid through 3/31/2025.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base schedule may not be identified as an NSP item. 577
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 17
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base schedule, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base schedule, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
578
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 18
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). 579
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 19
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management Guide. 580
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 20
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
581
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 21
8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
10.Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (e.g., toner, developer, staples), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
582
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-01-1003
October 4, 2023 Ordering Instructions and Special Provisions 22
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base schedule are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline verification that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific location in the base schedule that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website. 583
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
LAN WAN Enterprise, Inc. Categories Information
CMAS NUMBER: 3-24-02-1012
CMAS TERM DATES: 2/06/2024 through 8/21/2028
EFFECTIVE DATE: 2/06/2024
CMAS CATEGORY: Information Technology Goods and Services
APPLICABLE CMAS
TERMS & CONDITIONS: March 1, 2023
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: 47QSWA18D008F
BASE SCHEDULE HOLDER: Carahsoft Technology Corp
PROGRAM ANALYST Bryan Dugger
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase and warranty of hardware, hardware maintenance and repair services, software, software maintenance as a product, electronic commerce and subscription services, and cloud computing services. (See page 3 for the specific brand and restrictions applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.
If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.
Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base schedule are not applicable to this CMAS. 584
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 2 Buyers must verify that the CMAS contractor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products covered by this CMAS. Service specific letters of authorization from the manufacturer are required if the CMAS contractor is providing maintenance and repair services.
The services provided under this CMAS are only available in support of the products covered by this CMAS.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination. 585
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available.
Brand-Gridless Power
Solar-Power Equip
AVAILABLE PRODUCTS AND/OR SERVICES
Only products from the manufacturer/publisher listed are available within the scope of this CMAS:
Gridless Power
The ordering agency must verify all products and/or services are currently available on the base General Services Administration (GSA) schedule.
FIND BASE SCHEDULE PRICING
Once on the Contractor Information page for a specific GSA schedule, the pricelist can be found either in the Contractor Terms & Conditions (T&Cs)/Pricelist document or at GSA Advantage. The Contractor T&Cs/Pricelist document is provided by the contractor as a requirement of GSA and can be found under the Contractor T&Cs/Pricelist heading by clicking on the page icon.
If the contractor has products/services available for ordering on GSA Advantage, a ‘GSA Advantage’ icon will be displayed. By clicking this image link, this will execute a search against GSA Advantage. Depending on the category, whether product or service related, will return either:
1) If products, a listing of all products available for the contractor under this contract 2) If services, the same document provided under the column Contractor T&Cs/Pricelist by clicking View Contractor Information and then View Contractor Catalog.
EXCLUDED PRODUCTS AND/OR SERVICES
Software maintenance as a service, 3D printing solutions and additive manufacturing solutions, electric and autonomous vehicles and accessories, physical records management services, electronic records management solutions, financial management quality service management office core financial management solutions and IT professional services, Earth observation solutions, Information Technology (IT) consulting services, automated contact center solutions, training courses, ancillary supplies and services, and order-level materials are not available under this CMAS.
586
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 4
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
LAN WAN Enterprise, Inc.
17500 Red Hill Avenue, Suite 120
Irvine, CA 92614
Attn: Rami Dababneh
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Rami Dababneh
Phone: (714) 393-2264
E-mail: [email protected]
Website: https://lanwane.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 100219114. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued under this CMAS is $100.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
587
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 5
ACQUISITION OF IAAS AND/OR PAAS
If using this CMAS for the purpose of acquiring Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS), State agencies must first obtain approval to use this CMAS from the California Department of Technology (CDT) in accordance with TL 17-06. State agencies must document CDT’s approval and maintain in the procurement file. Contact CDT for all questions related to the acquisition of IaaS and PaaS and TL 17-06.
EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.
DELIVERY
30 days after receipt of order or as negotiated between agency and CMAS contractor and included in the purchase order.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. 588
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 6
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.
HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • A Work Order Authorization (WOA) may be used to document completion of pre-determined tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to approve release for the next phase of the agreement but cannot be used to identify any tasks other than the ones called out in the SOW. The WOA will be signed by all parties and may be submitted for progress payments under the award. • Projects can be performed on a Fixed Price Per Deliverable (FP/D). Fixed Price; FP/D: A defined service, or set of services, performed by Contractor in response to a defined task, or set of tasks, at a specific fixed price, and delivered per a specific schedule. Note: When using FP/D the Statement of Work must describe in detail the particular project and the work that the selected Qualified Contractor will be required to perform. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). 589
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 7 • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
590
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 8
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
591
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 9
3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.
592
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 10
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2017889 expires on 1/31/2026.
If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
593
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 11 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer. 594
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 12
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
595
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 13
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website.
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at the CALPIA website.
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per Statewide Information Management Manual Section 195.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
596
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 14 Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price.
NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements. 597
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 15 State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 1051330. This is a Class C-7 Low Voltage Systems license that is valid through 3/31/2025.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base schedule may not be identified as an NSP item.
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation. 598
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 16
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base schedule, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base schedule, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection. 599
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 17
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included. 600
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 18
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management Guide. 601
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 19
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
602
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 20
8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
10.Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (e.g., toner, developer, staples), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
603
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LAN WAN ENTERPRISE, INC.
CMAS NUMBER 3-24-02-1012
October 4, 2023 Ordering Instructions and Special Provisions 21
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base schedule are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline verification that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific location in the base schedule that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website. 604
CITY COUNCIL AGENDA REPORT
4880-4817-1428 v1
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DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, Special Counsel
SUBJECT: CONSIDERATION OF A RESOLUTION RE-ESTABLISHING AN AD HOC CITY COUNCIL
COMMITTEE TO ESTABLISH CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S CANNABIS SCHOLARSHIP PROGRAM
STAFF RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No.24-26 re-establishing an ad hoc City Council committee to establish criteria to establish criteria for awarding scholarships through the City’s cannabis scholarship program.
BACKGROUND AND DISCUSSION:
On February 9, 2022, the City Council adopted Resolution No. 22-08 establishing the Adelanto Cannabis Scholarship Program funded by 3% of the total annual tax revenue generated from cannabis-related activities.
On April 12, 2023, the City Council adopted Resolution No. 23-26, establishing an ad hoc committee entitled the Cannabis Scholarship Program Committee (“Committee”) to establish criteria and guidelines related to:
• the eligibility and qualifications of scholarship recipients; • the number of scholarships to award;
• the amount awarded by each scholarship;
• eligible uses for the funds, and any other relevant criteria; and • review scholarship applications and make recommendations to the full City Council regarding the awarding of scholarships.
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Resolution No. 23-26 only authorized the Committee to exist for 180 days following its creation and the City Council never extended its duration. The ad hoc committee was composed of Mayor Gabriel Reyes and Mayor Pro Tem Daniel Ramos. The Committee expired on October 12, 2023 — 180 days after its creation.
Given these developments, Staff recommends that the Council consider and adopt Proposed Resolution No. 24-26 to re-establish the ad hoc committee. The Proposed Resolution would authorize the Committee to exist for another 180 days and add members of the public to the ad hoc committee to assist with development of eligibility criteria as well as review of applications for scholarships.
The proposed resolution would also authorize the City Council to award scholarships for the 2023-2024 and 2024-2025 academic years as the 2023-2024 academic year is mostly completed, which would have the effect of opening the scholarship program up to current high school students. Currently, scholarships may only be awarded for the 2023-2024 academic year. Finally, the proposed resolution would also expand eligibility by adding additional regions where a student’s post-secondary educational institution may be located.
FISCAL IMPACT:
There is no estimated fiscal impact.
ATTACHMENTS:
Resolution No. 24-26
Resolution No. 23-26
Resolution No. 22-08
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RESOLUTION NO. 24-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, REESTABLISHING AN AD HOC CITY COUNCIL COMMITTEE TO ESTABLISH CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S CANNABIS SCHOLARSHIP
PROGRAM
WHEREAS, the City’s voters approved Measure S at the November 6, 2018 Municipal Election, which updated the City’s general business excise tax on cannabis-related businesses operating in the City;
WHEREAS, on February 9, 2022, the City Council adopted Resolution No. 22-08 establishing a scholarship program funded by 3% of the total annual tax revenue generated from cannabis-related activities to fund the scholarship program; WHEREAS, on April 12, 2023, the City Council adopted Resolution No. 23-26, establishing an ad hoc committee entitled the Cannabis Scholarship Program Committee (“Committee”) to establish criteria and guidelines related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria, review scholarship applications, and make recommendations to the full City Council regarding the awarding of scholarships under the Program;
WHEREAS, the Committee consisted of Mayor Reyes and Mayor Pro Tem Ramos; WHEREAS, Resolution No. 23-26 authorized the Committee to exist for 180 days following its creation unless the City Council extends its duration; WHEREAS, the Committee expired on October 12, 2023 —180 days after its creation.
WHEREAS, the City Council desires to re-establish the Committee to consist of the following:
1.Mayor Gabriel Reyes;
2.Mayor Pro Tem Daniel Ramos;
3.Ebony Purcel,an administrator at Adelanto High School; and
4.Keron Jones,a member of the public without a child or ward who is an eligible applicant.
WHEREAS, Resolution No. 23-26 extended the period for when scholarships would be awarded to students for the 2022-2023 academic year to the 2023-2024 academic year; and WHEREAS, the City now desires to make the scholarships available to students who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino, Riverside, Los Angeles, or Orange County and who will attend those institutions during the 2024-25 academic year.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
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SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council hereby re-establishes an ad hoc committee entitled the Cannabis Scholarship Program Committee (“Committee”) to establish criteria and guidelines related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria, review scholarship applications, and make recommendations to the full City Council regarding the awarding of scholarships under the Program.
SECTION 3. The duration of the Committee shall be authorized for, and shall expire, 180 days following its creation, unless the City Council extends its duration.
SECTION 4. The committee shall consist of (1) Mayor Reyes; (2) Mayor Pro Tem Ramos; (3) Ebony Purcel, an administrator at Adelanto High School; and (4) Keron Jones, a member of the public without a child or ward who is an eligible applicant. Any vacancies will be filled by the City Council on an as-needed basis.
SECTION 5. The City Council may continue to develop criteria related to the qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria and procedures, as appropriate.
SECTION 6. The City Manager is authorized and directed to assist with the reestablishment of the Committee and the implementation of its work as specified in this Resolution.
SECTION 7. The City Council hereby expands the Adelanto Cannabis Scholarship Program created by Resolution No. 22-08, and hereby amends Resolution No. 22-08 accordingly, to make it available to students who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino, Riverside, Los Angeles, or Orange County and who will attend those institutions during the 2023-24 academic year or the 2024-2025 academic year.
PASSED, APPROVED AND ADOPTED this 28th day of February 28, 2024
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
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Resolution No. 24-26