In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
March 27, 2023
CALL TO ORDER: 5:30 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
CLOSED SESSION
Adjourn to Conference Room A
• Conference with Legal Counsel - WORKERS’ COMPENSATION LIABILITY CLAIM (Gov. Code 59465.95): Claimant: John Smothers; Agency claimed against: City of Atwater
CALL TO ORDER: 6:00 PM
City Council Agenda for Meeting of March 27, 2023 Page 2 REGULAR SESSION: (Council Chambers)
INVOCATION
Invocation by Bill Lawrence
PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL:
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
PRESENTATIONS
• Monthly report by Merced County District 3 Supervisor McDaniel
CONSENT CALENDAR
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
TREASURER’S REPORT
1. February 28, 2023
Staff's Recommendation: Approval of report as listed.
WARRANTS
2. March 27, 2023
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (City Council)
3. March 13, 2023
City Council Agenda for Meeting of March 27, 2023 Page 3 Staff's Recommendation: Approval of minutes as listed.
RESOLUTIONS:
4. Approving and authorizing the annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for CRRSAA Swap Fiscal Year 2022/23 (Community
Development Director Thompson)
Staff's Recommendation: Adopts Resolution No. 3384-23,
approving and authorizing the annual Local Transportation Fund (LTF) Claim in the amount of $147,135 to be filed with the Merced County Association of Governments (MCAG) for CRRSAA Swap Fiscal Year 2022-23; Authorizes and directs the City Manager to execute the Claim form on behalf of the City; and Adopts Resolution No. 3385-23, approving Budget Amendment No. 16 regarding FY 2022-23 Local Transportation Fund.
AGREEMENTS:
5. Awarding a Purchase Agreement (Purchase Order) to Data Path, Inc. for the purchase of new switches throughout the city (Public Works Director Vinson)
Staff's Recommendation: Awards a Cooperative Purchase,
Purchase Agreement (Purchase Order), to Data Path, Inc. of Modesto, California, for the purchase of new switches throughout the city, in the combined amount not to exceed $110,916.32; and authorizes and directs the City Manager to execute the Agreement (Purcahse Order) on behalf of the City.
6. Authorizing Fee Credit Agreement with Sukhdeep Khatra for 1960 Green Sands Avenue Project (Community Development Director Thompson)
Staff's Recommendation: Approves a Fee Credit Agreement, in a form approved by City Attorney, with Sukhdeep Khatra for 1960 Green Sands Avenue Project; and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.
ORDINANCES (WAIVING SECOND READING AND ADOPTION):
7. Adoption of an Ordinance approving Zoning Text Amendment of the City Council amending Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review (Community Development Director Thompson)
Staff's Recommendation: Adopts an Ordinance approving Zoning Text Amendment of the City Council amending Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review. ***END OF CONSENT CALENDAR***
City Council Agenda for Meeting of March 27, 2023 Page 4
PUBLIC HEARINGS
8. Waiving the first reading, by title only and introducing a Zoning Ordinance Text Amendment of the City Council amending certain sections of Chapter 17.69 “Sign Regulations,” of the Atwater Municipal Code (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing; and,
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1057 amending certain sections of Chapter 17.69 “Sign Regulations,” of the Atwater Municipal Code.
Motion to approve staff's recommendation as presented.
9. Waiving the first reading, by title only and introducing an Ordinance Approving a Site Plan, Architectural Review and Zone Change No. 22- 24-0400 to develop four vacant parcels located along the south side of Commerce Avenue and adopt an Initial Study and Mitigated Negative Declaration (Senior Planner Rashe)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing; and,
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1060 approving a Site Plan No. 22-24-0100, Architectural Review No. 22-24-0300 and Zone Change No. 22-24- 0400 to develop four vacant parcels located along the south side of Commerce Avenue and adopt an Initial Study and Mitigated Negative Declaration; (APNs: 056-241-012, 056-241-013, 056-241-014).
Motion to approve staff’s recommendation as presented.
REPORTS AND PRESENTATIONS FROM STAFF:
10. Adopting a Resolution Awarding a Collection Services Agreement and Franchise to Mid Valley Disposal of Kerman, California for Residential and Commercial Garbage, Recyclable Material, and Organic Waste Collection Services (Public Works Director Vinson)
Staff's Recommendation: Motion to adopt Resolution No.3382-23 to award a Collection Services Agreement and Franchise to Mid Valley Disposal of Kerman, California for the provision of Residential and Commercial Garbage, Recyclable Material, and Organic Waste Collection Services; and authorizes the Mayor of City of Atwater to execute said agreement; or
Motion to approve staff's recommendation as presented.
City Council Agenda for Meeting of March 27, 2023 Page 5 CITY MANAGER REPORTS/UPDATES:
11. City Manager Updates
COMMENTS FROM THE PUBLIC
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
CITY COUNCIL REPORTS/UPDATES
12. Letter supporting Assembly Bill 1708 increasing accountability for repeat theft offenders and offering pathways for pre-plea diversion programming.
Recommendation: Motion to authorize and direct Mayor Nelson to execute the letter of support, on behalf of the City of Atwater, regarding Assembly Bill 1708 increasing accountability for repeat theft offenders and offering pathways for pre-plea diversion programming.
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
CLOSED SESSION
Continuation of Closed Session if necessary
ADJOURNMENT
CERTIFICATION:
I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS
CITY CLERK
SB 343 NOTICE
City Council Agenda for Meeting of March 27, 2023 Page 6 In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
4:30 PM
Sunday Monday Tuesday Wednesday Thursday Friday Saturday GPTAC - 6:00 PM
Committee Meeting -
Citizens' Oversight
5:30 PM
Daylight Saving Time City Council Meeting - Planning Commission City of Atwater Spring 3500 Apron Drive
Begins 6:00 PM Meeting - 6:00 PM Clean up 7:00 AM - Noon Atwater, CA
Merced County
Supervisor McDaniel
District 3
Audit & Finance
Office Hours -
1:30 PM - 3:30 PM
~ March 2023 ~
6:00 PM
City Council Meeting -
Committee Meeting -
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
30 ~ April 2023 ~
6:00 PM 1:30 PM - 3:30 PM
City Council Meeting - Office Hours -
4:30 PM Supervisor McDaniel
Committee Meeting - District 3
Audit & Finance Merced County
29 Planning Commission
Meeting - 6:00 PM
6:00 PM
City Council Meeting -
GPTAC - 6:00 PM
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BY FUND
AS OF 02/28/2023
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 14,900,706.02 993,680.44 867,852.77 15,026,533.69 0003 General Fund Capital (362,905.81) 0.00 5,434.15 (368,339.96) 0004 Public Safety Trans & Use Tax 1,118,747.18 273,614.74 767,833.90 624,528.02 0005 Ferrari Ranch Project Fund 2,290.81 0.00 0.00 2,290.81 0007 Measure V Fund 3,759,284.60 62,370.44 0.00 3,821,655.04 0008 Measure V 20% Alternative Modes 631,443.12 15,592.61 704.05 646,331.68 0009 Abandoned Veh Abatement Fund (2,891.73) 0.00 1,507.60 (4,399.33) 0010 Measure V Regional Fund (19,497.16) 0.00 0.00 (19,497.16) 1005 Police Grants Fund 70,274.01 0.00 0.00 70,274.01
1010 ARPA-American Rescue Plan Act 5,081,813.44 0.00 13,096.00 5,068,717.44 1011 Gas Tax/Street Improvement 41,510.05 600.00 72,291.32 (30,181.27) 1013 Local Transportation Fund 600,032.10 0.00 0.00 600,032.10 1015 Traffic Circulation Fund 1,483,471.83 0.00 0.00 1,483,471.83 1016 Applegate Interchange 773,065.96 0.00 0.00 773,065.96 1017 RSTP-Regional Surface Transp Prog 2,592,174.34 0.00 0.00 2,592,174.34 1018 SB1-Road Maint & Rehab RMRA 1,937,748.45 58,141.51 3,751.75 1,992,138.21 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,330,849.77 0.00 0.00 2,330,849.77 1040 General Plan Update-Housing Element (50,000.00) 0.00 0.00 (50,000.00) 1041 General Plan Update Fund 2,140,085.25 0.00 0.00 2,140,085.25 1055 Neighborhood Stabilization 221,389.38 0.00 0.00 221,389.38 1059-80 Housing Grant Funds 770,836.83 500.00 0.00 771,336.83 1091 Police Facility Impact Fee 261,970.19 0.00 0.00 261,970.19 1093 Fire Facility Impact Fee 254,401.41 0.00 0.00 254,401.41 1095 Government Building Facility 273,805.36 0.00 0.00 273,805.36 3064-67 Redevelopment/Successor Agency Funds 2,646,052.90 873.39 3,781.02 2,643,145.27 4020 Performance Bond Trust 220,086.82 0.00 0.00 220,086.82 4030 Narcotics Program Trust 2,078.68 0.00 0.00 2,078.68 4060 Section 125 Medical 1,092.50 210.00 0.00 1,302.50
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BY FUND
AS OF 02/28/2023
FUND BEG.BALANCE
4080 Pension Rate Stblztn 115 Trust 260,744.15
4090 CFD No. 1 Trust 131,271.37
5001-55 All Maintenance Districts 1,395,313.22
5050 CFD Districts 72,176.91
6000 Water Enterprise Fund 9,525,523.98
6001 Water Fund Capital Replacement 2,279,926.87
6002 DBCP Settlement 20,616.52
6004 Water Well- Buhach Colony 184,249.77
6005 Water Capital Impact Fees 2,606,336.13
6006 Water Operating Reserve Fund 180,663.95
6007 1,2,3-TCP Fund 16,203,166.41
6010 Sewer Enterprise Fund 15,735,170.74
6011 Sewer Fund Capital Replacement 3,684,646.10
6020 Sanitation Enterprise 2,913,842.60
7000 Internal Service Fund 435,419.91
7001 ISF Equipment/Bldg Replacement 100,368.95
7010 Employee Benefits Fund 788,138.46
7020 Risk Management 502,552.99
7030 Information Technology 453,350.57
9090 Accrued Interest Fund 290,830.58
TOTAL 99,444,226.48
Prepared by:_~p_._7'_~ · __ c_, _
Patty Tejeda, Finance Operations Manager
CASH DEBITS CASH CREDITS ENDING BAL.
0.00 6,670.77 254,073.38
0.00 0.00 131,271.37
0.00 31,295.37 1,364,017.85
0.00 119,986.21 (47,809.30)
539,765.21 146,993.85 9,918,295.34
0.00 78,972.31 2,200,954.56
0.00 0.00 20,616.52
0.00 0.00 184,249.77
0.00 0.00 2,606,336.13
0.00 0.00 180,663.95
0.00 237,035.33 15,966,131.08
778,022.97 798,820.42 15,714,373.29
0.00 0.00 3,684,646.10
342,425.56 286,263.87 2,970,004.29
606.79 160,555.30 275,471.40
0.00 0.00 100,368.95
7,149.52 73,332.28 721,955.70
0.00 11,571.00 490,981.99
0.00 54,413.24 398,937.33
1,453.00 0.00 292,283.58
3,075,006.18 3,742,162.51 98,777,070.15
Approved by:~~
Mark Borba, City T==
Statement of Changes in Cash Balan~e
by Bank
As of 02/28/2023
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City - LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.
PARS Post-Employment Benefits Trust
Totals
55,688,028.56
1,160,048.00
15,267,660.64
5,102,685.60
3.18 21,965,056.35
260,744.15
1,453.00
2,092,614.90
980,938.28
3,145,362.01
371,371.36
218,758.37
6,670.77
99,444,226.48
Prepared by: ____.,.(.L_ /).,,_ _~ _ /~-----------
Patty Tejeda, Finance Operations Manager
55,688,028.56
1,161,501.00
14,214,913.53
4,731,314.24
980,941.46
21,746,297.98
254,073.38
3,075,006.18 3,742,162.51 98,777,070.15
Approved by: ~ ~
.>- -=------- Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.
The City of Atwater has the ability to meet its pooled expenditure requirements for the next six months.
Bank Account Detail
City LAIF
Chandler Asset Mgt.
US Bank/Chandler Asset Mgt.
PARS Post-Employment Benefits Trust
55,688,028.56
1,161,501.00
21,746,297.98
254,073.38
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
Chase Savings Account
15,155,843.30
4,731,314.24
980,941.46
0.00
WARRANTS SUMMARY FOR MARCH 27 2023
TOTAL OF WARRANTS (FROM WARRANT REPORT)
PREWRITTENS INCLUDED IN THIS WARRANT RUN
ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)
DATE DESCRIPTION AMOUNT
3/9/2023 PNC Bank $ 4,033.00
3/9/2023 APOA Union Dues $ 2,342.60
3/9/2023 AFSCME District Council 57 $ 930.49
3/9/2023 State Disbursement - Child Support $ 473.98
3/9/2023 PERS Retirement EFT 2/16/23 - 3/1/23 $ 52,091.39 TOTAL ADDITIONAL WARRANTS $ 59,871.46
GRAND TOTAL OF WARRANTS PAID
INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL)
DATE DESCRIPTION AMOUNT
3/9/2023 Net Payroll $ 199,265.42 $ 269,022.22
3/9/2023 Federal Taxes $ 62,655.51
3/9/2023 State Taxes $ 7,101.29
3/9/2023 Payroll Deductions $ 210.00
TOTAL INFORMATIONAL WARRANTS $ 269,232.22
$ 1,394,592.30
$ 70,852.72
$ 59,871.46
$ 1,525,316.48
Accounts Payable
Checks for Approval
User:
Printed:
vnaranjo
3/23/2023 - 12:29 PM
City o
twater
750 B lk3 vue cJ. ii ia jr C T501
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22006 03/09/2023 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total: 210.00
22007 03/09/2023 Sewer Enterprise Fund Utilities PG&E CFM/PPC DEPARTMENT 6,000.00 Check Total: 6,000.00
22008 03/14/2023 Sewer Enterprise Fund Project Retention PHASE I CONSTRUCTION 50,854.24 22008 03/14/2023 1,2,3-TCP Fund Project Retention PHASE I CONSTRUCTION 1,153.95 22008 03/14/2023 SB 1-Road Maint & Rehab RMRA Project Retention PHASE I CONSTRUCTION 12,514.53 Check Total: 64,522.72
22009 03/21/2023 General Fund Memberships & Subscriptions OLD TOWN ATWATER 120.00 Check Total: 120.00
Report Total: 70,852.72
AP-Checks for Approval (3/23/2023 - 12:29 PM) Page 1
Accounts Payable
Checks for Approval
User:
Printed:
vnaranjo
3/23/2023 - 2:13 PM
At water
", "rrirriI v /',r-ictr t `ift me rle
7F E~o1l v iO P031. 'Mater CA 9&3O1
Check `umber Check Date Fund Name Account Name Vendor Name Void Amount 0 03/27/2023 General Fund Special Departmental Expense CHASE 18.45 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 290.00 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 157.07 0 03/27/2023 General Fund Special Departmental Expense CHASE 22.41 0 03/27/2023 General Fund Special Departmental Expense CHASE 337.36 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 625.00 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 30.00 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 625.00 o 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 25.00 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 56.00 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 258.25 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 625.00 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 17.28 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 886.22 0 03/27/2023 General Fund Training CHASE 18.39
0 03/27/2023 General Fund Training CHASE 75.00
0 03/27/2023 General Fund Training CHASE 250.00
0 03/27/2023 General Fund Miscellaneous CHASE 52.79
0 03/27/2023 General Fund Training CHASE 18.39
0 03/27/2023 General Fund Office Supplies CHASE 81.75
0 03/27/2023 General Fund Office Supplies CHASE 119.26
0 03/27/2023 General Fund Uniform & Clothing Expense CHASE 1,129.32 o 03/27/2023 General Fund Professional Services CHASE 14.99 0 03/27/2023 General Fund Professional Services CHASE 144.70 0 03/27/2023 General Fund Professional Services CHASE 40.85 o 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 85.00 0 03/27/2023 General Fund Uniform & Clothing Expense CHASE 48.89 0 03/27/2023 General Fund Training CHASE 322.62
o 03/27/2023 General Fund Training CHASE 226.00
0 03/27/2023 General Fund Special Departmental Expense CHASE 145.54 0 03/27/2023 General Fund Special Departmental Expense CHASE 371.30 0 03/27/2023 General Fund Professional Services CHASE 52.50 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 15.99 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 157.07 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 157.07 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 801.60 0 03/27/2023 General Fund Training CHASE 660.00
0 03/27/2023 General Fund Training CHASE 250.00
0 03/27/2023 General Fund Training CHASE 675.00
0 03/27/2023 General Fund Training CHASE 750.00
0 03/27/2023 General Fund Training CHASE 675.00
0 03/27/2023 General Fund Training CHASE 675.00
0 03/27/2023 General Fund Training CHASE 75.00
0 03/27/2023- General Fund Special Departmental Expense CHASE 11999 0 03/27/2023 General Fund Travel/Conferences/Meetings CHASE 263.50 0 03/27/2023 General Fund Special Departmental Expense CHASE 6.62 o 03/27/2023 Water Enterprise Fund Professional Services CHASE 89.08 0 03/27/2023 Internal Service Fund Special Departmental Expense CHASE 18.37 0 03/27/2023 Internal Service Fund Special Departmental Expense CHASE 25.35 0 03/27/2023 Information Technology Fund Special Departmental Expense CHASE 324.87 0 03/27/2023 Information Technology Fund Special Departmental Expense CHASE 140.00 0 03/27/2023 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 0 03/27/2023 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 0 03/27/2023 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 73.51 0 03/27/2023 Risk Management Fund Worker's Compensation CENTRAL SAN JOAQUIN VALLEY RMA 123,133.00 0 03/27/2023 Risk Management Fund Liability & Property Ins CENTRAL SAN JOAQUIN VALLEY RMA 88,714.00 Check Total: 226,801.94
22010 03/27/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 54.25 22010 03/27/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 162.76 22010 03/27/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 54.25 22010 03/27/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 56.67 22010 03/27/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 27.58 Check Total: 355.51
22011 03/27/2023 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 573.73 22011 03/27/2023 Internal Service Fund Professional Services ADVANCED HEATING & AIR 142.50 Check Total: 716.23
22012 03/27/2023 Internal Service Fund Special Departmental Expense AIR EXCHANGE, INC. 437.68 Check Total: 437.68 —
22013 03/27/2023 General Fund Special Departmental Expense AIRGAS USA, LLC 98.78 Check Total: 98.78
22014 03/27/2023 Sanitation Enterprise Fund Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 259,472.16 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 259,472.16
22015 03/27/2023 General Fund Professional Services ALLWAYS TOWING, L.L.C. 260.00 Check Total: 260.00
22016 03/27/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 11,292.20 Check Total: 11,292.20
22017 03/27/2023 General Fund Community Center Deposits JORGE ARMENTA 210.00 22017 03/27/2023 General Fund Community Center Deposits JORGE ARMENTA 350.00 22017 03/27/2023 General Fund Community Center Rental JORGE ARMENTA 105.00 Check Total: 665.00
22018 03/27/2023 SBI-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 5,202.50 Check Total: 5,202.50
22019 03/27/2023 General Fund Communications AT & T MOBILITY 252.12 22019 03/27/2023 General Fund Communications AT & T MOBILITY 40.24 22019 03/27/2023 General Fund Communications AT & T MOBILITY 651.29 22019 03/27/2023 General Fund Communications AT & T MOBILITY 283.55 22019 03/27/2023 General Fund Communications AT & T MOBILITY 309.92 22019 03/27/2023 General Fund Communications AT & T MOBILITY 145.15 22019 03/27/2023 General Fund Communications AT & T MOBILITY 316.68 22019 03/27/2023 General Fund Communications AT & T MOBILITY 326.41 22019 03/27/2023 Gas Tax/Street Improvement Communications AT & T MOBILITY 119.54 22019 03/27/2023 Water Enterprise Fund Communications AT & T MOBILITY 321.60 22019 03/27/2023 Internal Service Fund Communications AT & T MOBILITY 120,88 Check Total: 2,887.38
22020 03/27/2023 General Fund Communications AT and T - CALNET3 308.03 22020 03/27/2023 General Fund Communications AT and T - CAI,NET3 135.12 22020 03/27/2023 Northwood Village LD Communications AT and T - CALNET3 24.49 22020 03/27/2023 Meadow View LD Communications AT and T - CALNET3 24.49 22020 03/27/2023 Water Enterprise Fund Communications AT and T - CALNET3 267.71 22020 03/27/2023 Sewer Enterprise Fund Communications AT and T - CALNET3 366.87 22020 03/27/2023 Internal Service Fund Communications AT and T - CALNET3 555.06 Check Total: 1,681.77
22021 03/27/2023 General Fund Communications AT&T 219.35 Check Total: 219.35
22022 03/27/2023 Internal Service Fund Professional Services ATWATER TINT 260.00 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 3
y
--
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 260.00
22023 03/27/2023 Public Safety Trans & Use Tax Rents & Leases AXON ENTERPRISE, INC. 14,970.00 22023 03/27/2023 Public Safety Trans & Use Tax Rents & Leases AXON ENTERPRISE, INC. 828.36 Check Total: 15,798.36
22024 03/27/2023 Internal Service Fund Operations & Maintenance BAUER COMPRESSORS 254.94 Check Total: 254.94
22025 03/27/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,353.38 22025 03/27/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,233.23 Check Total: 3,586.61
22026 03/27/2023 General Fund Professional Services BEST BEST & KRIEGER 20,069.97 22026 03/27/2023 General Fund Professional Services BEST BEST & KRIEGER 3,912.00 22026 03/27/2023 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 142.50 22026 03/27/2023 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 142.50 22026 03/27/2023 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 1,110.00 22026 03/27/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 2,263.50 Check Total: 27,640.47
22027 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY -15.20 22027 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 12.94 22027 03/27/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 13.47 22027 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 13.33 22027 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 7.t 1 22027 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 13.47 22027 03/27/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 5.61 22027 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 12.03 22027 03/27/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 70.34 22027 03/27/2023 General Fund Training BIG CREEK LUMBER COMPANY -42.89 Check Total: 90.91
22028 03/27/2023 General Fund Aged Outstanding Warrants BOOT BARN 546.37 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 189.43 22028 03/27/2023 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 400.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 156.95 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 135.30 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 189.43 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 4
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 140.71 22028 03/27/2023 General Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 156.95 22028 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 189.43 22028 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 4,504.57
22029 03/27/2023 General Fund Travel/Conferences/Meetings DONALD BORGWARDT 207.00 Check Total: 207.00
22030 03/27/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 1,355.79 22030 03/27/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 58.90 Check Total: 1,414.69
22031 03/27/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 22031 03/27/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 22031 03/27/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 22031 03/27/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 Check Total: 2,313.00
22032 03/27/2023 General Fund Special Departmental Expense CAL FARM SERVICES 25.38 Check Total: 25.38
22033 03/27/2023 General Fund Training CALBO 445.00
Check Total: 445.00
22034 03/27/2023 Internal Service Fund Professional Services CAR WASH PARTNERS, INC. 216.00 Check Total: 216.00
22035 03/27/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 22035 03/27/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 22035 03/27/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 22035 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.49 22035 03/27/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 22035 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 5
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Check Number Check Date Fund Name .Account Name Vendor Name Void Amount 22035 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 22035 03/27/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 22035 03/27/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 22035 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.49 22035 03/27/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 22035 03/27/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 22035 03/27/2023 Internal Service Fund [Jniform & Clothing Expense CINTAS 12.65 22035 03/27/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 22035 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 22035 03/27/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 Check Total: 491.24
22036 03/27/2023 Internal Service Fund Utilities COMCAST CABLE 21.60 22036 03/27/2023 Internal Service Fund Communications COMCAST CABLE 162.29 22036 03/27/2023 Internal Service Fund Communications COMCAST CABLE 425.01 Check Total: 608.90 i
22037 03/27/2023 General Fund Special Departmental Expense COOK'S COMMUNICATIONS 229.00 Check Total: 229.00
22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 375.00 22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 1,800.00 22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 225.00 22038 03/27/2023 General Fund Inspection Fees CSG CONSULTANTS, INC. 3,384.00 22038 03/27/2023 General Fund Inspection Fees CSG CONSULTANTS, INC. 4,104.00 22038 03/27/2023 General Fund Inspection Fees CSG CONSULTANTS, INC. 4,392.00 22038 03/27/2023 General Fund Inspection Fees CSG CONSULTANTS, INC. 3,636.00 22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 13,730.25 22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 1,309.12 22(138 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 5,440.31 22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 829.31 22038 03/27/2023 General Fund Plan Check Fees CSG CONSULTANTS, INC. 196.00 Check Total: 39,420.99
22039 03/27/2023 General Fund Operations & Maintenance DEAN D'ALESIO D'ALESIO 650.93 Check Total: 650.93 s
22040 03/27/2023 Information Technology Fund Special Departmental Expense DATA PATH, INC. 262.48 Check Total: 262.48
22041 03/27/2023 General Fund Travel/Conferences/Meetings RONALD DAUGHERTY 207.00 22041 03/27/2023 General Fund Training RONALD DAUGIIERTY 406.76 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 613.76
22042 03/27/2023 Water Enterprise Fund Accounts Payable DANIEL DEL TORO 35.32 Check Total: 35.32
22043 03/27/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,433.28 22043 03/27/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 427.43 Check Total: 1,860.71
22044 03/27/2023 General Fund Professional Services DEPT. OF JUSTICE 32.00 Check Total: 32.00
22045 03/27/2023 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,208.15 Check Total: 7,208.15
22046 03/27/2023 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE 2,472.50 22046 03/27/2023 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 107.50 22046 03/27/2023 Pajaro Dunes LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 53.75 22046 03/27/2023 Cottage Gardens LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE' 53.75 22046 03/27/2023 Cottage Gardens ST & LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE' 53.75 22046 03/27/2023 Bell Crossing LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 107.50 22046 03/27/2023 Meadow View LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 53.75 Check Total: 2,902.50
22047 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 12.21 22047 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 42.89 22047 03/27/2023 Internal Service Fund Special Departmental Expense FASTENAL COMPANY 37.49 22047 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 48.66 Check Total: 141.25
22048 03/27/2023 General Fund Office Supplies FEDERAL EXPRESS 43.65 Check Total: 43.65
22049 03/27/2023 Internal Service Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 4.32 22049 03/27/2023 Internal Service Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 30.80 Check Total: 35.12
22050 03/27/2023 General Fund Castle Park Deposits IVETTE HERNANDEZ 200.00 Check Total: 200.00
22051 03/27/2023 Water Enterprise Fund Professional Services HOLT OF CALIFORNIA 11,388.60 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 7
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1 1,388.60
22052 03/27/2023 ARPA-American Rescue Plan Act Professional Services JAN! TEK CLEANING SOLUTIONS 9,305.65 22052 03/27/2023 ARPA-American Rescue Plan Act Professional Services JAN! TEK CLEANING SOLUTIONS 9,305.65 Check Total: 18,61 1 .30
22053 03/27/2023 Measure V Regional Fund Bellevue Road Realignment JLB "TRAFFIC ENGINEERING, INC 91.65 Check Total: 91.65
22054 03/27/2023 General Fund Professional Services JOE'S PORTABLES 100.00 Check Total: 100.00
22055 03/27/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 65.00 22055 03/27/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 359.30 Check Total: 424.30
22056 03/27/2023 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 232.73 22056 03/27/2023 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG'S SUPPLY 270.60 Check Total: 503.33
22057 03/27/2023 RSTP-Regional Surf Transp Prog Ace Train Platform KRAZAN & ASSOCIATES, INC. 3,560.00 Check Total: 3,560.00
22058 03/27/2023 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 53.58 Check Total: 53.58
22059 03/27/2023 (iencral Fund Memberships & Subscriptions LEAGUE OF CALIFORNIA CITIES 316.52 Check Total: 316.52
22060 03/27/2023 General Fund Miscellaneous LOOMIS DEPT. 0757 2,070.85 Check Total: 2,070.85
22061 03/27/2023 General Fund Professional Services LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
22062 03/27/2023 General Fund Community Center Deposits LEANNE LOPEZ 210.00 22062 03/27/2023 General Fund Community Center Deposits LEANNE LOPEZ 350.00 Check Total: 560.00
22063 03/27/2023 Water Enterprise Fund Accounts Payable MARIA MARGARTIA TENORIO 40.20 22063 03/27/2023 Sewer Enterprise Fund Accounts Payable MARIA MARGARTIA TENORIO 42.24 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 8
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22063 03/27/2023 Sanitation Enterprise Fund Accounts Payable MARIA MARGARTIA TENORIO 13.14 22063 03/27/2023 Sanitation Enterprise Fund Accounts Payable MARIA MARGARTIA TENORIO 4.68 Check Total: 100.26
22064 03/27/2023 General Fund Castle Park Rental MARINES: CENTRAL CA VETERANS 50.00 Check Total: 50.00
22065 03/27/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 22,856.66 Check Total: 22,856.66
22066 03/27/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 135.10 22066 03/27/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 32.09 Check Total: 167.19
22067 03/27/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 123.78 22067 03/27/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 123.78 22067 03/27/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 123.78 22067 03/27/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 125.59 22067 03/27/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 141.88 Check Total: 638.81
22068 03/27/2023 Water Enterprise Fund Accounts Payable ESPERANZA MENERA 39.31 22068 03/27/2023 Sewer Enterprise Fund Accounts Payable ESPERANZA MENERA 47.16 22068 03/27/2023 Sanitation Enterprise Fund Accounts Payable ESPERANZA MENERA 16.80 22068 03/27/2023 Sanitation Enterprise Fund Accounts Payable ESPERANZA MENERA 5.24 Check Total: 108.51
22069 03/27/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 150.00 22069 03/27/2023 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 580.00 22069 03/27/2023 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 540.00 22069 03/27/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 150.00 Check Total: 1,420.00
22070 03/27/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 89.29 Check Total: 89.29
22071 03/27/2023 General Fund Fire Marshal Supplies MERCED COUNTY ASSESSOR 75.00 Check Total: 75.00
22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 37.88 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 -
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1 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 219.56 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 253.13 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 274.23 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 254.86 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 28.84 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 31.08 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 104.18 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 101 .60 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 138.62 ',2.D22 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 277.20 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 90.00 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 32.29 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 90.00 22072 03/27/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 306.00 Check Total: 2,258.47
22073 03/27/2023 General Fund Professional Services MERCED COUNTY REGISTRAR 37,670.94 Check Total: 37,670.94
22074 03/27/2023 General Fund Utilities MERCED IRRIGATION DISTRICT 532.64 22074 03/27/2023 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 661.87 22074 03/27/2023 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 204.61 22074 03/27/2023 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.40 22074 03/27/2023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 512.88 22074 03/27/2023 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 57.50 22074 03/27/2023 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 68.21 22074 03/27/2023 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 34.08 22074 03/27/2023 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 68.21 22074 03/27/2023 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 316.35 22074 03/27/2023 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.17 22074 03/27/2023 America West LD Utilities MERCED IRRIGATION DISTRICT 151.18 22074 03/27/2023 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 335.26 22074 03/27/2023 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.17 22074 03/27/2023 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 420.32 22074 03/27/2023 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 645.26 22074 03/27/2023 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 797.47 22074 03/27/2023 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 681.50 22074 03/27/2023 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 351.92 22074 03/27/2023 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 19.17 22074 03/27/2023 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 425.28 22074 03/27/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 610.85 22074 03/27/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 4,518.56 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 10
Check Number Check I)ate Fund Name Account Name Vendor Name Void Amount Check Total: 11,567.86
22075 03/27/2023 General Fund Youth Basketball JORGE MOLINA 80.00 Check Total: 80.00
22076 03/27/2023 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 41.75 Check Total: 41.75
22077 03/27/2023 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIP. 83.09 Check Total: 83.09
22078 03/27/2023 Water Enterprise Fund Accounts Payable STEPHANIE MUNOZ 166.23 Check Total: 166.23
22079 03/27/2023 Risk Management Fund Professional Services NATION INVESTIGATIONS 900.00 Check Total: 900.00
22080 03/27/2023 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 20.56 22080 03/27/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 7.13 22080 03/27/2023 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 1,250.11 22080 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 12.44 22080 03/27/2023 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 139.51 22080 03/27/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 6.00 22080 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 66.62 22080 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 4.09 Check Total: 1,506.46
22081 03/27/2023 Sewer Enterprise Fund Special Departmental Expense PAC MACHINE CO. 3,262.57 Check Total: 3,262.57
22082 03/27/2023 General Fund Capital Project Retention PACIFIC EXCAVATION INC 26,398.76 22082 03/27/2023 RSTP-Regional Surf Transp Prog Project Retention PACIFIC EXCAVATION INC 3,647.63 Check Total: 30,046.39
22083 03/27/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 39.09 22083 03/27/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 85.19 22083 03/27/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 49,879.30 Check Total: 50,003.58
22084 03/27/2023 Water Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 49.05 22084 03/27/2023 Sewer Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 58.20 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 11
Check Number
-
1,108.25
Check Date Fund Name Account Name Vendor Name Void Amount 22084 03/27/2023 Sanitation Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 20.75 22084 03/27/2023 Sanitation Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 6.48 Check Total: 134.48
22085 03/27/2023 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 43.30 22085 03/27/2023 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 37.88 Check Total: 81.18
22086 03/27/2023 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 2,328.59.
Check Total: 2,328.59
22087 03/27/2023 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 8,720.90 Check Total: 8,720.90
22088 03/27/2023 General Fund Travel/Conferences/Meetings SAMUEL RASHE 17.14 22088 03/27/2023 General Fund Training SAMUEL RASHE 1 19.48 22088 03/27/2023 General Fund Training SAMUEL RASHE 207.00 Check Total: 343.62
22089 03/27/2023 General Fund Special Departmental Expense RAY MORGAN COMPANY 105.26 22089 03/27/2023 General Fund Special Departmental Expense RAY MORGAN COMPANY 120.24 Check Total: 225.50
22090 03/27/2023 Internal Service Fund Operations & Maintenance RAZZARI FORD\MAZDA 640.84 22090 03/27/2023 Internal Service Fund Operations & Maintenance RAZZARI FORD\MAZDA 53.26 Check Total: 694.10
22091 03/27/2023 General Fund Special Departmental Expense RDO EQUIPMENT CO 2,555.17 22091 03/27/2023 General Fund Professional Services RDO EQUIPMENT CO 1,506.75 Check Total: 4,061.92
22092 03/27/2023 General Fund Professional Services ROSENOW SPEVACEK GROUP INC. 2,302.50 Check Total: 2,302.50
22093 03/27/2023 Internal Service Fund Operations & Maintenance ROSS' LADDER SERVICE Check Total: 1,108.25
22094 03/27/2023 Internal Service Fund Professional Services ROTO ROOTER PLUMBERS 7,967.14 Check Total: 7,967.14
22095 03/27/2023 Sewer Enterprise Fund Special Departmental Expense SAFE-T-LITE 422.18 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 12
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22095 03/27/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 86.71 22095 03/27/2023 Sewer Enterprise Fund Special Departmental Expense SAFE-T-LITE 759.92 Check Total: 1,268.81
22096 03/27/2023 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 577.00 22096 03/27/2023 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 577.00 22096 03/27/2023 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 290.00 22096 03/27/2023 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 577.00 22096 03/27/2023 Internal Service Fund Professional Services SAN JOAQUIN VALLEY AIR 143.00 22096 03/27/2023 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 290.00 22096 03/27/2023 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 290.00 22096 03/27/2023 Sewer Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 900.00 Check Total: 3,644.00
22097 03/27/2023 General Fund Travel/Conferences/Meetings ILESHA SANDERS 207.00 22097 03/27/2023 General Fund Training ILESHA SANDERS 406.76 Check Total: 613.76
22098 03/27/2023 Water Enterprise Fund Accounts Payable CARI,OS SANDOVAL 50.85 Check Total: 50.85
22099 03/27/2023 General Fund Training DAVE SARGINSON 22.00 22099 03/27/2023 General Fund Training DAVE SARGINSON 64.90 22099 03/27/2023 General Fund Training DAVE SARGINSON 34.49 22099 03/27/2023 General Fund Training DAVE SARGINSON 23.88 Check Total: 145.27
22100 03/27/2023 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 16,195.34 Check Total: 16,195.34
22101 03/27/2023 Sewer Enterprise Fund Special Departmental Expense SMITH & LOVELESS INC. 266.12 Check Total: 266.12
22102 03/27/2023 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 112.30 22102 03/27/2023 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 153.69 22102 03/27/2023 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 44.00 22102 03/27/2023 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 52.14 22102 03/27/2023 General Fund Small Tools STAPLES BUSINESS ADVANTAGE 20.45 22102 03/27/2023 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 55.63 22102 03/27/2023 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 101.04 Check Total: 539.25
AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 13
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22103 03/27/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 4,080.00 Check Total: 4,080.00
22104 03/27/2023 Water Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 238.02 22104 03/27/2023 Sewer Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 175.1 1 Check Total: 413.13
22105 03/27/2023 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
22106 03/27/2023 General Fund Professional Services SUN VALLEY PORTABLE RESTROOMS INC. 1,385.00 Check Total: 1,385.00
22107 03/27/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,311.08 22107 03/27/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 7,982.85 22107 03/27/2023 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,150.87 22107 03/27/2023 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,494.77 Check Total: 15,939.57
22108 03/27/2023 General Fund Cannabis Deposits THREE IiABITAT CONSULTING LLC 1 1,302.80 Check Total: 1 1,302.80
22109 03/27/2023 General Fund Community Center Deposits BONNIE TOEWS 350.00 Check Total: 350.00
22110 03/27/2023 Internal Service Fund Professional Services TRANE U.S. INC. 2,622.00 Check Total: 2,622.00
22111 03/27/2023 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
22112 03/27/2023 Internal Service Fund Operations & Maintenance TURF STAR, INC. 466.07 Check Total: 466.07
22113 03/27/2023 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,358.40 22113 03/27/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,639.55 22113 03/27/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 415.41 Check Total: 4,413.36
22114 03/27/2023 Internal Service Fund Operations & Maintenance VAN DE POL 13,311.37 22114 03/27/2023 Internal Service Fund Operations & Maintenance VAN DE POL 255.42 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 14
-
-
--
_
--
('heck \umber (heck Date Fund Name Account Name Vendor Name Void Amount Check Total: 13,566.79
22115 03/27/2023 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATING 169,293.23 Check Total: 169,293.23
22116 03/27/2023 General Fund Communications VERIZON WIRELESS 342.09 22116 03/27/2023 General Fund Communications VERIZON WIRELESS 760.20 22116 03/27/2023 General Fund Communications VERIZON WIRELESS 50.58 22116 03/27/2023 General Fund Communications VERIZON WIRELESS 101.16 22116 03/27/2023 Gas Tax/Street Improvement Communications VERIZON WIRELESS 232.62 22116 03/27/2023 Water Enterprise Fund Communications VERIZON WIRELESS 449.86 22116 03/27/2023 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 22116 03/27/2023 Sewer Enterprise Fund Communications VERIZON WIRELESS 489.16 22116 03/27/2023 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.05 22116 03/27/2023 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 22116 03/27/2023 Internal Service Fund Utilities VERIZON WIRELESS 80.04 22116 03/27/2023 Internal Service Fund Communications VERIZON WIRELESS 101.16 Check Total: 2,724.94
2217 03/27/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 383.01 Check Total: 383.01
22118 03/27/2023 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 1,049.92 22118 03/27/2023 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 136.03 22118 03/27/2023 General Fund Professional Services VVH CONSULTING SERVICES 3,442.50 22118 03/27/2023 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 13,770.00 22118 03/27/2023 General Fund Professional Services VVH CONSULTING SERVICES 225.00 22118 03/27/2023 General Fund Professional Services VVH CONSULTING SERVICES 17,415.00 22118 03/27/2023 ARPA-American Rescue Plan Act Osborn Park Renovation VVH CONSULTING SERVICES 7,740.00 Check Total: 43,778.45
22119 03/27/2023 Water Fund Capital Replacement Project Retention W.M. LYLES COMPANY -10,171.00 22119 03/27/2023 Water Fund Capital Replacement Well #20A Rehab W.M. LYLES COMPANY 203,420.00 22119 03/27/2023 Water Fund Capital Replacement Project Retention W.M. LYLES COMPANY -2,931.50 22119 03/27/2023 Water Fund Capital Replacement Well #20A Rehab W.M. LYLES COMPANY 58,630.00 Check Total: 248,947.50
22120 03/27/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 3.09 22120 03/27/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 54.02 22120 03/27/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 22.25 22120 03/27/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 60.57 AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 139.93
22121 03/27/2023 General Fund Professional Services WEED MAN 1,151.00 Check Total: 1,151.00
22122 03/27/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 87.25 22122 03/27/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 10.96 22122 03/27/2023 Internal Service Fund Special Departmental Expense WINTON HARDWARE 16.15 Check Total: 114.36
22123 03/27/2023 General Fund Special Departmental Expense WORK WELLNESS 254.00 Check Total: 254.00
Report Total: 1,394,592.30
AP-Checks for Approval (3/23/2023 - 2:13 PM) Page 16
T
Accounts Payable
Checks by Date - Detail by Check Date
User: vnaranjo
Printed: 3/23/2023 2:22 PM
Atwater
Community Pride C/t Wide
750 Bellevue Road, Atwater CA 95301
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH CHA999 CHASE 03/27/2023
3032023 San Joaquin Council of Governments 290.00
3032023 Great Wolf Lodge 157.07
3032023 Zoom 324.87
3032023 Fresno Yosemite Airport 56.00
3032023 EB San Joaquin Valley 660.00
3032023 Alaska Airlines 30.00
3032023 Walgreens 18.39
3032023 League of California Cities 675.00
3032023 Lowe's 25.35
3032023 San Joaquin Valley Air Pollution 89.08
3032023 Westin Hotels & Resorts 886.22
3032023 Shell 1718
3032023 League of California Cities 675.00
3032023 Great Wolf Lodge 157.07
3032023 Walgreens 18.39
3032023 4imprint 337.36
3032023 Alask Air 263.50
3032023 The California Peace Officer's Association 226.00 3032023 Noble Motorsports 145.54
3032023 LexisNexis 40.85
3032023 Brooks Ranch Restaurant 85.00
3032023 The Murieta Inn and Spa 322.62
3032023 City Clerks Association of California 250.00
3032023 Adobe Inc 14.99
3032023 League of California Cities 625.00
3032023 Hyatt Regency 15.99
3032023 Galls 1,129.32
3032023 USPS 144.70
3032023 Best Best & Krieger 75.00
3032023 UC San Diego Extended Studios 750.00
3032023 Rubber Stamp Warehouse 81.75
3032023 Walmart 18.45
3032023 Best Best & Krieger 75.00
3032023 City Clerks Association of California 250.00
3032023 Lowe's 6.62
3032023 League of California Cities 675.00
3032023 Hyatt Regency 801.60
3032023 Walmart 18.37
3032023 Merced County Recorder 52.50
3032023 League of California Cities 625.00
3032023 Budget RentACar 258.25
3032023 OffrceDepot 119.26
3032023 The UPS Store 52.79
3032023 Great Wolf Lodge 157.07
3032023 Etsy 22.41
3032023 Alaska Airlines 25.00
3032023 Canva 119.99
3032023 League of California Cities 625.00
AP Checks by Date - Detail by Check Date (3/23/2023 2:22 PM) Page I
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
3032023 International Code Council 371.30
3032023 Clovis Cleaners 48.89
3032023 JAMF Software LLC 140.00
Total for this ACH Check for Vendor CHA999: 13,049.84
Total for 3/27/2023: 13,049.84
Report Total (1 checks): 13,049.84
AP Checks by Date - Detail by Check Date (3/23/2023 2:22 PM) Page 2
CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
March 13, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board met in Open Session this date at 5:31 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present: City Council Members Ambriz, Button, Mayor Pro Tem Raymond, Mayor Nelson
Absent: City Council Member Cale
Staff Present: City Manager Waterman, City Attorney Splendorio, Community Development Director Thompson, Public Works Director
Vinson, Administrative Assistant/Deputy City Clerk Peralta CLOSED SESSION: (Conference Room A)
Mayor Nelson invited public comment on Closed Session items.
No one came forward to speak.
Mayor Nelson Adjourned the meeting Conference Room A for Closed Session at 5:32 PM. Closed Session was called to order at 5:38 PM.
Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of cases (1)
City Council Action Minutes for March 13, 2023 Page 2
Closed Session adjourned at 5:58 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:02 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
INVOCATION:
The Invocation was led by Daniel Perez.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The pledge of allegiance to the flag was led by Mayor Pro Tem Raymond.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Button, Mayor Pro Tem Raymond, Mayor Nelson
Absent: City Council Member Cale
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, Community Development
Director Thompson, Public Works Director Vinson, Finance Director Youmara, City Clerk Billings, Administrative
Assistant/Deputy City Clerk Peralta
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council discussed the item of one existing litigation, provided direction, and there was no reportable action.
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Mayor Pro Tem Raymond moved to approve the agenda as posted. The motion was seconded by City Council Member Button and the vote was: Ayes:
Ambriz, Raymond, Button, Nelson; Noes: None; Absent: Cale. The motion passed.
CONSENT CALENDAR:
Mayor Pro Tem Raymond abstained from the Consent Calendar due to conflict of interest with Agenda item #9.
Mayor Nelson opened the public comment.
City Council Action Minutes for March 13, 2023 Page 3
No one came forward to speak.
Mayor Nelson closed the public comment.
MOTION: City Council Member Button moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Button, Nelson; Noes: None; Abstain: Raymond; Absent: Cale.
The motion passed.
WARRANTS:
1. March 13, 2023
ACTION: Approval of warrants as listed.
MINUTES: (City Council)
2. a) February 13, 2023 – Regular meeting
b) February 27, 2023 – Regular meeting
ACTION: Approval of minutes as listed.
MINUTES: (Citizens’ Oversight Committee)
3. December 6, 2022 – Regular Meeting
ACTION: Approval of minutes as listed.
RESOLUTIONS:
4. Approving and authorizing the annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for Fiscal Year 2022-23 and approving Budget Amendment No. 15 regarding Fiscal Year 2022-23 Local Transportation Fund (Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3379-23, approving the annual Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022-23; and authorizes and directs the City Manager to execute the Claim form on behalf of the City; and Adopts Resolution No. 3380-23, approving Budget Amendment No. 15 regarding FY 2022-23 Local Transportation Fund.
City Council Action Minutes for March 13, 2023 Page 4
AGREEMENTS:
5. Approving a Purchase Order (Purchase Agreement) with Aqueous Vets for GAC Exchange at Well 19 (Public Works Director Vinson)
ACTION: Approves a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to Aqueous Vets of Danville, California for GAC Exchange at Well 19, in an amount not to exceed $44,825; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.
6. Approving Assistance By Hire (ABH) Agreement (CAL Fire Battalion Chief Ayuso)
ACTION: Approves the Assistance By Hire Agreement (ABH), in a form approved by the City Attorney, with CAL FIRE Madera-Mariposa-Merced Unit; and authorizes and directs the City Manager, or their designee, to execute any and all documents related to the Assistance By Hire Agreement.
7. Approving Third Amendment to the Professional Services Agreement to MuniServices, LLC of Centreville, Virginia for Consultant Services for Sales and Use Tax Audit & Report Services. (Finance Director Youmara) ACTION: Approves Third Amendment to Professional Services Agreement, in a form approved by the City Attorney, to MuniServices, LLC of Centreville, Virginia to comply with state of California Department of Tax and Fee Administration requirements authorizing MuniServices, LLC to examine transactions tax, sales tax and use tax records of the City of Atwater, including but not limited to the transactions and use tax that becomes effective on or about April 1, 2023 known as the Measure B Transactions and Use Tax; and directs the City Manager, or her designee, to execute the Third Amendment on behalf of the City.
8. Approving First Amendment to the Professional Services Agreement to HdL Companies of Brea, California for Consultant Services for Cannabis Monitoring and Compliance Services (Finance Director Youmara)
ACTION: Approves the First Amendment to the Professional Services Agreement, in a form approved by the City Attorney, to HdL Companies of Brea, California for Consultant Services to extend the term and increase the compensation for Cannabis Monitoring and Compliance Services; and authorize and direct the City Manager, or her designee, to execute the First Amendment on behalf of the City.
9. Approving plans and specifications and authorizing advertising and calling for bids for Palm Avenue Improvements Project (Public Works Director Vinson) ACTION: Approves the plans and specifications and authorizes advertising and calling for bids for the Palm Avenue Improvements on Palm Avenue and Bellevue Road Project, Project Number 22-06, Bid Call Number 719-22.
City Council Action Minutes for March 13, 2023 Page 5
PUBLIC HEARINGS:
Waiving the first reading, by title only, and introducing a Zoning Ordinance Text Amendment of the City Council amending Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.
Mayor Nelson opened the public hearing.
No one came forward.
Mayor Nelson closed the public hearing.
MOTION: Mayor Pro Tem Raymond moved to waive the first reading and introduce a Zoning Ordinance Text Amendment of the City Council amending Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review.
The motion was seconded by City Council Member Button and the vote was: Ayes:
Ambriz, Button, Raymond, Nelson; Noes: None; Absent: Cale. The motion passed.
Adopting resolution amending the Fiscal Year 2022-2023 Miscellaneous Fee Schedule (Finance Director Youmara)
Finance Director Youmara provided background information on this item.
Mayor Pro Tem Raymond asked for clarification.
Finance Director Youmara provided clarification.
MOTION: Mayor Pro Tem Raymond moved to adopt Resolution No. 3378- 23 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2022-2023. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Button, Ambriz, Raymond, Nelson; Noes: None; Absent: Cale. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Approving plans and specifications and authorizing advertising and calling for bids for installation of Osborn Park Bathroom Project (Public Works Director Vinson) Public Works Director Vinson provided background information on this item.
City Council Member Ambriz asked about the portable restrooms and the completion of this project.
City Council Action Minutes for March 13, 2023 Page 6
Public Works Director Vinson provided clarification.
City Council Member Button asked about possible traffic.
Public Works Director Vinson provided clarification.
Mayor Nelson asked if any members of the public would like to speak on this item.
No one came forward regarding this item.
MOTION: City Council Member Ambriz moved to approve the plans and specifications and authorize advertising and calling for bids for the installation of Osborn Park Renovation Project, Project Number 22-05, Bid Call Number 717-22.
The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes:
Button, Ambriz, Raymond, Nelson; Noes: None; Absent: Cale. The motion passed.
Code Enforcement Update 2022 (Code Enforcement Manager Garcia) Code Enforcement Manager Garcia stepped out before the presentation.
Mayor Nelson announced they would be returning to this item later.
CITY MANAGER REPORTS/UPDATES:
City Manager Waterman had nothing to report.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and not entitled to address their comments to other members of the public or to staff.
Mayor opened the public comment.
Eula Toca shared concerns regarding the difficulty of finding the Community Center at night.
Field Representative for Assemblywoman Esmeralda Soria, Alejandro Carrillo, invited everyone to a community coffee event at Hope Coffee on Saturday, March 18th at 9:30 A.M.
No one else came forward to speak.
Mayor Nelson closed the public comment.
City Council Action Minutes for March 13, 2023 Page 7
Code Enforcement Manager Garcia gave an update with a PowerPoint presentation and spoke about updating processes to log and track cases more efficiently.
City Council Member Button expressed his appreciation towards Code Enforcement Manager Garcia.
Mayor Pro Tem Raymond asked Code Enforcement Manager Garcia to be safe when working out in the field.
Mayor Nelson asked for more information about AVA.
Code Enforcement Manager Garcia provided clarification.
Mayor Nelson asked what tools Code Enforcement Manager Garcia needs.
Code Enforcement Manager Garcia stated that having an officer with the unhoused issues would assist greatly.
Mayor Nelson asked if any members of the public would like to speak on the presentation.
Pastor Rich Miller asked about the process for animal control and expressed concerns about an abandoned property the City is looking to purchase where vendors are constantly selling food.
Mayor Nelson asked Code Enforcement Manager Garcia to clarify on these concerns.
Code Enforcement Manager Garcia provided clarification regarding the food vendors and the process of animal control.
Police Chief Salvador elaborated on the animal control process and the County of Merced animal control activities, which the City of Atwater is in contract with.
No one else came forward.
CITY COUNCIL REPORTS/UPDATES:
Letters supporting Assembly Bill 293 allowing immediate family members of a Gold Star Family to obtain lifetime fishing and hunting licenses and Assembly Bill 308 allowing immediate family members of a Gold Star Family to obtain free entry into California State Parks
Mayor Pro Tem Raymond spoke in favor of this item.
City Council Action Minutes for March 13, 2023 Page 8
MOTION: City Council Member Button moved to authorize and direct Mayor Nelson to execute the letters of support, on behalf of the City of Atwater, regarding Assembly Bill 293 allowing immediate family members of a Gold Star Family to obtain lifetime fishing and hunting licenses and Assembly Bill 308 allowing immediate family members of a Gold Star Family to obtain free entry into California State Parks. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Ambriz, Button, Raymond, Nelson; Noes: None; Absent: Cale. The motion passed.
Letter supporting Senate Bill 37 - The Older Adults and Adults with Disabilities Housing Stability Act of 2023
Mayor Pro Tem Raymond asked whether this item would affect rent control or if it was simply a subsidy and asked for more clarification.
City Council Member Button expressed concerns over the criteria.
City Manager Waterman provided some clarification about the item being a grantee program.
Mayor Pro Tem Raymond asked for further information.
Mayor Nelson postponed the item to the next meeting.
City Council comments
City Council Member Button had nothing to report.
City Council Member Ambriz had nothing to report.
Mayor Pro Tem Raymond thanked the community for coming together to raise funds for Barney Reyes’ funeral service.
Mayor Nelson spoke about working closer with the District Attorney’s office to assist with issues regarding the homeless.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 6:47 PM.
________________________________
GISELA PERALTA
DEPUTY CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 27, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED
BY:
Christina Thurman, Executive Assistant
SUBJECT: Approving and authorizing the annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for CRRSAA Swap Fiscal Year 2022/23
(Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Adopts Resolution No. 3384-23, approving and authorizing the annual Local Transportation Fund (LTF) Claim in the amount of $147,135 to be filed with the Merced County Association of Governments (MCAG) for CRRSAA Swap Fiscal Year 2022-23; Authorizes and directs the City Manager to execute the Claim form on behalf of the City; and Adopts Resolution No. 3385-23, approving Budget Amendment No. 16 regarding FY 2022-23 Local Transportation Fund.
I. BACKGROUND/ANALYSIS:
The City is eligible to submit an annual claim for disbursement of Local Transportation Funds (LTF) for CRRSAA Swap. The Merced County Association of Governments (MCAG) is the administering agency for the allocation of these disbursements.
Disbursements are made after eligible jurisdictions submit an authorizing resolution and claim form to MCAG.
LTF funds are disbursed to eligible jurisdictions for non-transit uses such as maintenance of streets and roads in local communities. The MCAG Governing Board approved the Apportionment Schedule (EXHIBIT “A”) at its regular meeting of December 9, 2022. The apportionment schedule is calculated by population and percentage of transit level of service. Based upon this apportionment schedule, the City is eligible to receive $147,135 in LTF CRRSA Swap funding for Fiscal year 2022-2023.
Staff prepared the annual LTF CRRSAA Swap Claim (attached as Exhibit A to Resolution 3384-23) and identified a priority project to reconstruct and improve Fruitland
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Avenue as an alternative trade route for the City of Atwater. This will be Phase 3 of the Fruitland reconstruction project. Work includes the repavement and installation of sidewalk, curb, and gutters along Fruitland Avenue.
II. FISCAL IMPACTS:
By adopting this resolution and filing the claim form, the City will receive $147,135 in LTF funding for Fiscal Year 2022-2023. The revenue is appropriated in the Local Transportation Fund, Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) revenue account number 1013-0000-3148. Upon approval of Budget Amendment No. 16, sufficient funding will be available in the FY 2022-23 Budget, Local Transportation (LTF), Capital Project, Account No.1013-1080-M007, Fruitland Ave Road Improvements to fund the project as identified above.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's office.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City's Strategic Plan: to ensure the City's continued financial stability.
V. ALTERNATIVES:
Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.
If there are Policy options for consideration, the discussion should be specific and detailed.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is considered an exempt activity under provision of the California Environmental Quality Act (CEQA) under Section 15301 “existing facilities” therefore not subject to further analysis. Further, any other necessary or required environmental review will occur prior to any specific project approval.
Agenda Report - Page 3
IX. STEPS FOLLOWING APPROVAL:
Upon adoption of Resolution 3384-23, the City Manager shall execute and file the LTF Claim form for Fiscal Year 2022/2023.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3384-23 Approving CRRSAA Swap LTF Claim Submittal for FY 22-23
2. LTF Claim Form (002)
3. Governing Board - Action to approve formula for distribution of CRRSAA Swap funds
4. Resolution No. 3385-23 BA No. 16 LTF 3-27-23
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3384-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER APPROVING AND AUTHORIZING THE ANNUAL
LOCAL TRANSPORTATION FUND (LTF) CLAIM TO BE
FILED WITH THE MERCED COUNTY ASSOCIATION OF
GOVERNMENTS (MCAG) FOR CRRSAA SWAP FISCAL
YEAR 2022-23
WHEREAS, under the Transportation Development Act (TDA) of 1971, Local Transportation Fund (LTF) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Atwater (“City”) meets all requirements to qualify for said apportionment allocated through the Merced County Association of Governments (MCAG), as the designated local transportation and planning agency; and WHEREAS, the annual allocations of LTF monies to each jurisdiction have been calculated by population; and
WHEREAS, the City has LTF monies available to claim in the amount of $147,135 for Fiscal Year 2022-2023; and
WHEREAS, the City’s proposed expenditures of LTF monies are in conformity with the Regional Transportation Plan as prepared by MCAG; and
WHEREAS, the City has submitted a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and authorize the filing of the annual LTF claim for CSSSAA Swap, and to submit said claim to MCAG for processing attached hereto as EXHIBIT A, and incorporated herein for Fiscal Year 2022-2023 in the amount of $147,135.
Resolution No. 3384-23 Page 2
The foregoing resolution is hereby adopted this 27th day of March 2023.
AYES:
NOES:
ABSENT: APPROVED:
_____________________________
MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS
CITY CLERK
Claimant:
Type of Claim: Amount of Claim:
☒ STREETS & ROADS $ 147,135
☐ PEDESTRIAN & BICYCLE FACILITIES $
☐ OTHER (indicate purpose & TDA Section number ) $
☐ TOTAL $
It is understood by this claimant that payment of the claim is subject to approval by MCAG, to such monies being on hand and available for distribution, and to the provision that such monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved and in accordance with the terms of the allocation instructions.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of my knowledge.
Authorized Representative:
Signature
Lori Waterman
Print or type name
City Manager
Title
Date
Signature of Chief Financial Officer
LOCAL TRANSPORTATION FUND CLAIM
CRRSAA SWAP
LTF STREETS & ROADS CLAIM
Claimant:
Project Title, Location and Description (may use additional paper) Project Cost by Funding Source
1. For entities with a population of more than 5,000, is the claim for streets and roads (exclusive of capital requirements for major new facilities) less than 50% of the total streets and roads expenditures?
☒ Yes ☐ No
2. Is the project in conformity with the MCAG Regional Transportation Plan? ☒ Yes ☐ No
Prepared by:
Signature
Type or print name
Project Name: Fruitland Avenue Reconstruction Project.
Description/Location: Reconstruct and improve Fruitland Avenue as an alternative trade route for the City of Atwater. This will be Phase 3 of the Fruitland reconstruction project.
Work includes the repavement and installation of sidewalk, curb, and gutters along Fruitland Avenue.
LTF 147,135
General Fund $
Other $
TOTAL $6,488,303
LTF PEDESTRIAN & BICYCLE FACILITIES CLAIM
Claimant:
Type of PEDESTRIAN & BICYCLE FACILITIES Claim:
☐ Facilities provided for the exclusive use of pedestrians and bicycles ☐ Projects which are provided for use by pedestrians and bicycles Project Title, Location and Description (may use additional paper) Project Cost by Funding Source
1. For entities with a population of more than 5,000, is the claim for pedestrian and bicycle facilities (exclusive of capital requirements for major new facilities) less than 50% of the total pedestrian and bicycle facilities expenditures?
☐ Yes ☐ No
2. Is the project in conformity with the MCAG Regional Transportation Plan? ☐ Yes ☐ No
Prepared by:
Signature
Type or Print Name
LTF $
General Fund $
Other $
TOTAL $
LTF OTHER CLAIM
Claimant:
Type of LTF “Other” Claim:
☐ Passenger rail service operations and capital improvements ☐ Transportation services using vehicles for the EXCLUSIVE use of elderly or disabled persons
☐ To finance the construction and maintenance of multi modal transportation terminals Project Title, Location and Description (may use additional paper) Project Cost by Funding Source
1. Is the project in conformity with the MCAG Regional Transportation Plan? ☐ Yes ☐ No
Prepared by:
Signature
Type or Print Name
LTF $
General Fund $
Other $
TOTAL $
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3385-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 16 AMENDING 2022-23
FISCAL YEAR BUDGET REGARDING FY 2022-
2023 LOCAL TRANSPORTATION FUND
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3375-23 adopting the 2022-23 Fiscal Year Budget on June 27, 2022; and
WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 16 to the 2022-2023 Fiscal Year Budget as follows:
SECTION 1: Increasing budget in Local Transportation Fund (CRRSAA Swap) for Fiscal Year 2022-2023.
Increase Budget
(Expense) 1013.1080.M007 Fruitland Avenue Road
Improvements $147,135
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.
The foregoing resolution is hereby adopted this 27th day of March 2023.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS
CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 27, 2023
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED
BY:
Justin Vinson
SUBJECT: Awarding a Purchase Agreement (Purchase Order) to Data Path, Inc. for the purchase of new switches throughout the city (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Awards a Cooperative Purchase, Purchase Agreement (Purchase Order), to Data Path, Inc. of Modesto, California, for the purchase of new switches throughout the city, in the combined amount not to exceed $110,916.32; and authorizes and directs the City Manager to execute the Agreement (Purcahse Order) on behalf of the City.
I. BACKGROUND/ANALYSIS:
The City of Atwater has made it a priority to address its infrastructure in regards to the city's information technology (IT) needs. After an investigation of the city inventory, staff started putting together a needs assessment and revenue to replace a lot of the city's outdated software and hardware. Starting in Fiscal Year 2021/2022, the city started the Internal Services Equipment and Building Replacement Fund to replace the equipment used for the city's IT needs.
One of the biggest issues the city currently faces is the out of date switching throughout the city's buildings. There are currently sixteen (16) switches that need to be replaced due to no longer being supported and having exhausted their lifespan. These switches vary in port sizes and also vary by manufacturer. Staff is looking to purchase new switches and match them with the newer switches installed at the City Administration Building in order to make all the city switches uniform and easier for staff to troubleshoot issues. These new switches would be installed at City Hall, Community Center, Corporation Yard, Fire Station 41, Fire Station 42, and the Wastewater Treatment Plant.
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, "Cooperative Purchases," the City may join in purchases and contracts established by other jurisdictions, provided the cooperative agreement is established following a competitive bid process consistent with the City's competitive process. NASPO ValuePoint, is a cooperative purchasing program facilitating public
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
procurement solicitations and agreements using a lead state agency model, released a Request for Proposals ("RFP") for Data Communications Products and Services (Exhibit B). Extreme Networks, Inc. is an authorized vendor by Participating Addendum Contract Number 7-20-70-47-03 (Exhibit C) and Data Path is an authorized reseller under this same Addendum.
II. FISCAL IMPACTS:
Sufficient funding is available in the 2022-23 Fiscal Year Budget: Internal Services Fund, Equipment and Building Replacement, Machinery and Equipment expense Account No. 7001.1050.6021.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
VI. INTERDEPARTMENTAL COORDINATION:
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 210
IX. STEPS FOLLOWING APPROVAL:
Staff will prepare a Purchase Agreement (Purchase Order) for the purchase of the new switches.
Submitted by:
Agenda Report - Page 3
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Data Path Quote
2. NASPO Value Point RFP for Data Communication Products and Services
3. Addendum 7-20-70-47-03
Q U O T E F O R
Network Refresh - Extreme Switching
Prepared by: Prepared for: Quote Information:
Datapath City of Atwater Quote #: 021031
Jay Harvey
209-380-5544
[email protected]
750 Bellevue Rd
Atwater, CA 95301
Justin Vinson
(209) 777-0273
[email protected]
Version: 2
Delivery Date: 03/16/2023
Expiration Date: 03/30/2023
Products
Price Qty Ext. Price
5420F 24PT POE+ SWCH $3,056.94 3 $9,170.82
5420F 48PT POE+ SWCH $4,700.18 4 $18,800.72
5420F 16PT 802.3BT 90W & 32 POE+ $4,926.62 8 $39,412.96 5520 24PT FIBER SWCH UNIV LLW $7,363.74 1 $7,363.74
5520-VIM 4X10GE SFP+ UNIV LLW $709.51 1 $709.51
PREMIER LIC FOR 5000 SERIES SWCH $1,107.78 1 $1,107.78
350W AC PSU FB $441.78 2 $883.56
PWR CORD 13A USA NEMA 5-15 IEC320-C15 $13.32 17 $226.44 1M CBL 10G SFP+ CU TWX COP $80.81 13 $1,050.53
20G PASSIVE DAC SFPDD TO SFPDD 1M $217.56 1 $217.56
10GBSR SFP+ 850NM LC 300M MMF $729.05 1 $729.05
10GBLR SFP+ 1310NM LC 10KM SMF $1,216.12 1 $1,216.12
10G PASSIVE DAC SFP+ 0.5M $80.81 3 $242.43
EW TAC OS 5520-24X $1,663.20 1 $1,663.20
EW TAC OS 5520-VIM-4X $161.04 1 $161.04
EW TAC & OS 5420F-16W-32P-4XE $1,269.84 8 $10,158.72
EW TAC & OS 5420F-24P-4XE $696.96 3 $2,090.88
Page: 1 of 2
Products
Price Qty Ext. Price
EW TAC & OS 5420F-48P-4XE $1,087.68 4 $4,350.72
TAC OS 5000-PRMR-LIC $396.00 1 $396.00
XIQ PILOT SAAS EW SAAS SUP DELAY $185.63 16 $2,970.08
Extreme Networks 10302 Compatible 10GBASE-LR SFP+ 1310nm 10km DOM Duplex LC SMF Optical Transceiver Module
$32.40 16 $518.40
Extreme Networks 10301 Compatible 10GBASE-SR SFP+ 850nm 300m DOM Duplex LC MMF Optical Transceiver Module
$24.00 32 $768.00
Purchase is being made through Extreme Networks NASPO Participating Addendum - Contract Number 7-20-70-47-03.
Subtotal: $104,208.26
Quote Summary
Amount
Products $104,208.26
Subtotal: $104,208.26
Estimated Tax: $6,708.06
Total: $110,916.32
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
By accepting this quote Customer is agreeing to the Datapath Terms of Service and Payment Terms:
Terms of Service
Payment Terms
Page: 2 of 2
1 The State of Utah
Division of Purchasing & General Services
In conjunction with
Request for Proposals
State of Utah Solicitation Number SK18001
NASPO ValuePoint Master Agreement for
Data Communications Products &
Services
July 13, 2018
SK18001: Data Communications Products & Services RFP – Page 2 of 25 Table of Contents
RFP Administrative Information
Section 1 General Information
Section 2 Solicitation Requirements, Information and Instructions to Offerors Section 3 Evaluation and Award
Section 4 Administrative and Technical Response Requirements Section 5 Price and Cost Proposal
Attachment A NASPO ValuePoint Master Agreement Terms and Conditions Attachment B Scope of Work
Attachment B.1 OEM Evaluated Qualifications
Attachment B.2 Category Qualifications
Exhibit 1 Consensus Assessments Initiative Questionnaire (CAIQ) Exhibit 2 Cloud Controls Matrix (CCM)
Attachment C Contract Manager Resume Template
Attachment D Fulfillment Partner List
Attachment E Cost Proposal Form
Attachment F Interactive Scorecard
Attachment G Claim of Business Confidentiality Form
Attachment H NASPO ValuePoint Detailed Sales Reporting Template Attachment I States Intent to Participate
SK18001: Data Communications Products & Services RFP – Page 3 of 25 RFP Administrative Information
RFP Title: Data Communications Products & Services
RFP Project Description: The State of Utah in conjunction with NASPO ValuePoint, is seeking Contractor(s) to provide data communications products and services as described within this RFP.
RFP Lead: Solomon Kingston, State Contract Analyst
State of Utah, Division of Purchasing
[email protected]
(801) 538-3228
Electronic Submission: Proposals must be submitted electronically via Jaggaer (the Utah Public Procurement Place) here:
http://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfUtah Hard copy submissions will not be accepted.
From the Jaggaer link type “SK18001” into the search bar, and click the search icon.
The “Data Communications Products & Services” posting will appear.
Deadline To Receive Questions: August 17, 2018 at 1pm MDT/MST Question & Answers: All questions, including those about Terms and Conditions, must be submitted through Jaggaer. Question must be submitted by the question deadline date RFP Closing Date & Time: September 11, 2018 at 1pm MDT/MST Initial Term of Contract and
Renewals:
The initial term of the Contract will be five (5) years with the option, upon mutual written agreement, for two (2) additional renewal periods of one (1) year each.
Upon mutual agreement, the contract may be extended or amended.
TAKE NOTE OF THE 0.25% NASPO VALUEPOINT ADMINISTRATIVE FEE DETAILED IN SECTION 6 OF THE NASPO VALUEPOINT STANDARD TERMS AND CONDITIONS, WHICH MUST BE INCORPORATED INTO YOUR BASE PRICE. OTHER STATES MAY NEGOTIATE ADDITIONAL ADMINISTRATIVE FEES IN THEIR PARTICIPATING ADDENDA FOLLOWING AWARD OF A MASTER AGREEMENT.
SK18001: Data Communications Products & Services RFP – Page 4 of 25
REQUEST FOR PROPOSALS
NASPO ValuePoint Data Communications Products & Services Solicitation # SK18001
This Request for Proposals (“RFP”), having been determined to be the appropriate procurement method to provide the best value to the Lead State, is designed to provide interested Offerors with sufficient basic information to submit proposals. It is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability. This RFP is issued in accordance with State of Utah Procurement Code, Utah Code Annotated (UCA) Chapter 63G-6a, and applicable Rules found in the Utah Administrative Code (UAC). If any provision of this RFP conflicts with the UCA or UAC, the UCA or UAC will take precedence.
SECTION 1: GENERAL INFORMATION
1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)
The State of Utah, Division of Purchasing & General Services (Lead State) is requesting proposals for data communications products and services including all customer service, installation, and design services in furtherance of the NASPO ValuePoint Cooperative Purchasing Program. The purpose of this Request for Proposals (RFP) is to establish Master Agreements with qualified original equipment manufacturers (OEM’s) to provide data communications products and related services for all Participating Entities. This solicitation does not allow for multiple firms represented by a distributor to respond. This solicitation does not allow for sister companies to team and submit offers. The objective of this RFP is to obtain best value, and in some cases achieve more favorable pricing, than is obtainable by an individual state or local government entity because of the collective volume of potential purchases by numerous state and local government entities. The Master Agreement(s) resulting from this procurement may be used by state governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions.
The State of Utah Division of Purchasing does not guarantee any purchase amount under an awarded contract. Estimated quantities are for solicitation purposes only and are not to be construed as a guarantee.
Each Participating Entity may select the Fulfillment Partner(s) they choose to do business with during the Participating Addendum process. A Participating Entity may require the Fulfillment Partner(s) to submit additional information regarding their firm as part of the selection process during the execution of a Participating Addendum. This information could include, but is not limited to; business references, number of years in business, technical capabilities, information on past projects, and the experience of both their sales and installation personnel.
Each Participating Entity has the option to select one or more product categories or services from the resulting Master Agreement(s) during the execution of the Participating Addendum process.
Each Participating Entity has the option to negotiate an expanded product line within the product category offering and within the scope of this RFP during the Participating Addendum process.
SK18001: Data Communications Products & Services RFP – Page 5 of 25 The Awarded Vendor will be the sole point of contract responsibility. The Lead State Contract Administrator and Participating Entities will look solely to the awarded vendor for the performance of all contractual obligations, and the awarded vendor shall not be relieved for the nonperformance of any Fulfillment Partner and/or all Subcontractors. Contract requirements such as websites, reporting, etc. are the responsibility of the Awarded Vendor. Awarded Vendors must provide education and guidance on use of the Master Agreement and Participating Addendums.
Lease Option (Optional): Participating Entities reserve the right to determine whether it will utilize leasing options, if available from a selected OEM, during the Participating Addendum process. In addition to providing the proposed categories for Data Communications and related services, Offerors are encouraged to propose rental/financing options, including, but not limited to: lump sum payment, installment sale, rental and the option to lease any Data Communications hardware, supplies, and materials. The selected OEM will identify its rental/lease partner(s). Any State that Issues a Participating Addendum may choose to work with a selected OEM lease partner or obtain other financing or work with other leasing entities of the State’s choice. Lease options are optional and are not factored into the evaluation process.
The resulting Master Agreement will be awarded with the understanding and agreement that it is for the sole convenience of the Participating Entities. The Participating Entities reserve the right to obtain like goods or services from other sources when necessary.
This RFP is designed to provide interested offerors with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or exclude any relevant or essential data. Proposals must be concise and as short as possible to allow for efficient evaluation. Blanket marketing material and unnecessary elaborate brochures or representations beyond what is sufficient to present a complete and effective proposals are not acceptable.
Offerors may respond to all or any of the award categories. The product, award categories are outlined in Attachment B – Scope of Work.
1.2 NASPO VALUEPOINT BACKGROUND INFORMATION
NASPO ValuePoint (formerly known as WSCA-NASPO) is a cooperative purchasing program of all 50 states, the District of Columbia and the territories of the United States. The Program is facilitated by the NASPO Cooperative Purchasing Organization LLC, a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO), doing business as NASPO ValuePoint. NASPO is a non-profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. NASPO ValuePoint facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. For more information consult the following websites www.naspovaluepoint.org and www.naspo.org.
1.3 PARTICIPATING STATES
In addition to the Lead State conducting this solicitation, the other Participating States that have requested to be named in this RFP as potential users of the resulting Master Agreement are listed
SK18001: Data Communications Products & Services RFP – Page 6 of 25 below. Other entities may become Participating Entities after award of the Master Agreement. Some States may have included special or unique Terms and Conditions for their state that will govern their state Participating Addendum in Attachment I. These Terms and Conditions are being provided as a courtesy to proposers to indicate which additional Terms and Conditions may be incorporated into that state Participating Addendum after award of the Master Agreement. Each State reserves the right to negotiate additional Terms and Conditions in its Participating Addendums.
The Lead State will not address questions or concerns or negotiate other States’ terms and conditions. The Participating States must negotiate these Terms and Conditions directly with the supplier.
State Est. Volume
CALIFORNIA $62,000,000.00
COLORADO $1,477,664
FLORIDA $36,000,000
HAWAII $10,000,000
ILLINOIS N/A
LOUISIANA $15,000,000
MARYLAND $20,000,000
MICHIGAN $16,500,000
MONTANA $13,000,000
MINNESOTA $32,000,000
NEW JERSEY $15,000,000
OREGON $22,861,935
SOUTH DAKOTA $1,500,000.00
UTAH $91,642,561.61
WASHINGTON $45,929,528.78
Total Est. Volume $382,911,689.24
The information regarding estimated annual usage above has been provided by the individual States and a minimum or maximum level of sales volume is not guaranteed or implied. This is informational data only.
1.4 HISTORIC USAGE
The following information represents historic usage from the current master agreements. No minimum or maximum level of sales volume are guaranteed or implied. This is informational data only.
NASPO ValuePoint Contract Usage Summary
2014 2015 2016 2017 2018
Total Aggregated Spend
Across all States $272,426,398 $365,617,238 $426,497,493 $449,156,585
SK18001: Data Communications Products & Services RFP – Page 7 of 25
1.5. Lead State, Solicitation Number and Lead State Contract Administrator The State of Utah, Division of Purchasing and General Services is the Lead State and issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is Solicitation # SK18001. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.
The Lead State Contract Administrator identified below is the Single Point of Contact during this procurement process. Offerors and interested persons shall direct to the Lead State Contract Administrator all questions concerning the procurement process, technical requirements of this RFP, contractual requirements, requests for brand approval, changes, clarifications, and protests, the award process, and any other questions that may arise related to this solicitation and the resulting Master Agreement. The Lead State Contract Administrator designated by the State of Utah, Division of Purchasing and General Services is:
Solomon Kingston, State Contract Analyst
State of Utah, Division of Purchasing and General Services 3150 State Office Building
Capitol Hill Complex
450 North State Street
Salt Lake City, UT 84114
[email protected]
801-538-3228
1.6 QUESTION AND ANSWER PERIOD
All questions MUST be submitted through JAGGAER (SciQuest) (http://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfUtah) during the designated time for questions (“Q&A period”) listed on Jaggaer. Questions submitted through any other channel will not be answered. Questions may be answered in the order that they are submitted or may be compiled into one document and answered via an addendum. Answers disseminated by the State through the Jaggaer system shall serve as the official and binding position of the State and will constitute an addendum to this RFP.
Questions, exceptions, or notification to the State of any ambiguity, inconsistency, excessively restrictive requirement, or error in this RFP, MUST be submitted as a question through Jaggaer during the Q&A period.
An answered question or addenda may modify the specification or requirements of this RFP.
Answered questions and addendums will be posted on Jaggaer. Offerors should periodically check Jaggaer for answered questions and addendums before the closing date. It is the responsibility of the Offerors to submit their proposal as required by this RFP, including any requirements contained in an answered question and/or addendum(s).
Exceptions to scope/content of the RFP within an Offeror’s proposal that have not been previously addressed within the Q&A period of the procurement are not allowed and may result in the Offeror’s proposal being considered non-responsive.
SK18001: Data Communications Products & Services RFP – Page 8 of 25
1.7 RESERVED
1.8 ADDENDUMS
Offerors are encouraged to periodically check Jaggaer for posted questions, answers and addendums. Offerors will not be notified by the Lead State or Jaggaer for each addendum issued under the RFP.
Any modification to this procurement will be made by addendum issued by the Lead State.
Addendums to the RFP may be made for the purpose of making changes to: the scope of work, the schedule, the qualification requirements, the criteria, the weighting, or other requirements of the RFP.
After the due date and time for submitting a proposal to the RFP, at the discretion of the Lead State, addenda to the RFP may be limited to the Offerors that have submitted proposals, provided the addenda does not make a substantial change to the RFP that likely would have impacted the number of Offerors responding to the original publication of the RFP, in the opinion of the Lead State.
Authorized and properly issued addenda shall constitute the official and binding position of the State.
Any response to the RFP which has as its basis any communications or information received from sources other than the RFP or related addenda may be considered non-responsive and be rejected at the sole discretion of the State.
1.9 RESTRICTIONS ON COMMUNICATIONS
From the issue date of the RFP until the contract award(s), Offerors are prohibited from communications regarding the RFP with other Participating Entities EXCEPT the Lead State.
Failure to comply with this requirement may result in disqualification.
1.10 E-RATE - UNIVERSAL SERVICE FUND DISCOUNT
To the extent the services offered are subject to the E-rate discount program, all award Contract Vendors must commit to participation in the Federal Communication Commission's E-rate discount program established under authority of the Federal Telecommunications Commission Act of 1996. Participation in, and implementation of, this program must be provided without the addition of any service or administration fee by the Contract Vendor.
In order to participate in E-Rate Offerors must appear on the USAC website as those who have a Service Provider Identification Number or “SPIN.”
E-rate applicants must deduct the value of ineligible components bundled with eligible services unless those ineligible components qualify as “ancillary” to the eligible services under FCC rules.
This process is called “cost allocation”. Offeror must separate and illustrate the cost allocation for each component and service in a bundled offering provided to E-rate eligible State entities enabling each entity to properly apply for E-rate coverage of allowable services.
The Offeror shall not currently be subject to the Red Light Rule by the FCC, and will notify the applicant if they are later placed on Red Light Status with the FCC.
The Offeror must be able to honor the applicant’s request for Service Provider Invoicing. Service
SK18001: Data Communications Products & Services RFP – Page 9 of 25 Provider Invoicing is a billing arrangement where the Offeror invoices the applicant for the discounted portion of the products and services the applicant requests. The Offeror would invoice USAC for the non-discounted portion of the applicant’s products and services as a reimbursement.
1.11 DIVERSE BUSINESS PARTICIPATION
By submitting a proposal to this RFP, the Offeror acknowledges and agrees to provide diverse business participation as outlined in this section and as requested by individual Participating Entities. For information purposes to Participating Entities, please propose to document SK18001 Attachment D-Fulfillment Partner List spreadsheet, which state(s) your business intends to provide local inclusion for these diverse business programs which may then be incorporated in a resulting state’s Participating Addendum.
Diverse business participation means direct performance of commercially useful work. Examples of this include, but are not limited to:
• Fulfillment Partner performing services directly to agency customers through a fulfillment partner, distributor, installer type relationship.
• Subcontractors performing a portion of the work that is trackable, payment to the subcontractor can be validated, and the vendor can report usage back to the agency and scope of work performed.
Example of small and diverse businesses are defined as follows:
• Small Business: US Small Business Administration small business. • Diverse Business (Minority, women, or veteran businesses): federal 8(a)/SDB, federal WBE, federal veteran-owned, nationally certified under a corporate certification program (National Supplier Development Council, Women’s Business Enterprise National Council, or other diverse business certification your business recognizes), or certification recognized by one of the participating states.
Many Participating Entities have their own state specific diverse business programs and definitions.
The information provided in response to this section 1.11 will not be factored into an Offeror’s qualifications or eligibility for a master agreement.
SECTION 2: SOLICITATION REQUIREMENTS, INFORMATION AND
INSTRUCTIONS TO OFFERORS
2.1 SUBMITTING YOUR PROPOSAL
By submitting a proposal to this RFP, the Offeror acknowledges and agrees that the requirements, scope of work, and the evaluation process outlined in this RFP are understood, fair, equitable, and are not unduly restrictive. Any exceptions to the content of this RFP must be addressed within the Q&A period. The Offeror further acknowledges that it has read this RFP. More information regarding submittal requirements are provided within the RFP documents.
All costs incurred by an Offeror in the preparation and submission of a proposal, including any costs incurred during interviews, oral presentations, and/or product demonstrations are the responsibility of the Offeror and will not be reimbursed.
SK18001: Data Communications Products & Services RFP – Page 10 of 25 The cost proposal will be evaluated independently from the technical proposal, pursuant to Utah Code Annotated (UCA) § 63G-6a Part 7, and as such, must be submitted separate from the technical proposal. Separate, for the purposes of this solicitation, means that a separate document is submitted with the labeling instructions provided in this RFP document. Failure to submit cost or pricing data separately may result in your proposal being judged as non-responsive and ineligible for contract award. For electronic submissions, submitting the cost schedule as a separate document is considered separate.
Proposals must be received by the posted due date and time posted on Jaggaer (“deadline”). Proposals received after the deadline will be late and ineligible for consideration.
Proposals shall be submitted electronically through Jaggaer. We will not accept proposals submitted through any other means. For ease in distributing proposals for evaluation we must have electronic copies received through Jaggaer only.
Electronic submission instructions: When submitting a proposal electronically through Jaggaer, please allow sufficient time to complete the online forms and to upload proposal documents. The RFP will end at the deadline. If an Offeror is in the middle of uploading a proposal when the deadline arrives, the system will stop the upload process and the proposal will not be accepted by Jaggaer, and the attempted submission will be considered late and ineligible for consideration.
Electronic proposals may require uploading of electronic attachments. Jaggaer will accept a wide variety of document types as attachments. However, the State is unable to view certain documents. All documents must be uploaded in Jaggaer as separate files.
2.2 PROPOSAL FORMAT
Proposals should be concise, straightforward and prepared simply and economically. Expensive displays, bindings, or promotional materials are neither desired nor required. However, there is no intent in these instructions to limit a proposal’s content or exclude any relevant / essential data.
All Proposals must be submitted in the format outlined below. Offerors must title each document utilizing the names listed below. Proposals must be submitted as separate, individual documents pursuant to the titles listed below. The Jaggaer portal will outline where certain documents are to be submitted within the portal. All other documents may be submitted within the Supplier Attachments section of the Jaggaer portal.
If an Offeror submits a redacted version of a document it should clearly label the document as redacted. Detailed information on submitting each of these documents is provided below.
A. Document: Mandatory Minimum Requirements
This document should constitute the Offeror’s point-by-point response to each item described in section 4.1 the RFP.
Title this document upload – [Vendor Name] Mandatory Minimums Response B. Document: OEM Evaluated Qualifications
This document should constitute the Offeror’s response Attachment B.1 An Offeror’s response must be a specific point-by-point response, in the order listed, to each requirement within Attachment B.1. This document should demonstrate
SK18001: Data Communications Products & Services RFP – Page 11 of 25 the Offeror's understanding of the desired overall performance expectations, deliverables, if any, and outcomes. In any case wherein the Offeror cannot comply with an evaluation criterion outlined in section 4.2, such inability must be stated in response to the applicable requirement.
Title this document upload – [Vendor Name] Attachment B.1 Response C. Document: Category Qualification Evaluation
These documents should constitute the Offeror’s response Attachment B.2 for each category Offeror is seeking an award. An Offeror’s response must be a specific point-by-point response, in the order listed, to each requirement within Attachment B.2. A separate Attachment B.2 is required for each category Offeror is seeking an award.
Title these document uploads – [Vendor Name] [Category #] Attachment B.2 Response
D. Document: Confidential, Protected or Proprietary Information & Redacted Copy.
As provided in section 2.6, this document is to constitute Offeror’s redacted proposal along with Attachment G.
If there is no protected / redacted information, provide a document with “None” in the body.
Failure to comply with this Section and Section 2.6 of the RFP releases the Lead State, NASPO ValuePoint, and Participating Entities from any obligation or liability arising from the inadvertent release of Offeror information.
Title this document – [Vendor Name] Redacted Proposal
E. Document: Exceptions and/or Additions to the Standard Terms and Conditions.
Proposed exceptions and/or additions to the Master Agreement Terms and Conditions, including the exhibits, must be submitted in this section. Offeror must provide all proposed exceptions and/or additions, including an Offeror’s terms and conditions, license agreements, or service level agreements in Microsoft Word format for redline editing. Offeror must also provide the name, contact information, and access to the person(s) that will be directly involved in terms and conditions negotiations.
If there are no exceptions or additions to the Master Agreement Terms and Conditions, provide a document with “None” in the body.
Title this document – [Vendor Name] Exceptions Additions to T&Cs F. Document: Cost Proposal.
The cost proposal (Attachment E) will be evaluated independently from the technical proposal, pursuant to Utah Code Annotated (UCA) § 63G-6-707(5), and as such, must be submitted separate from the technical proposal. Failure to submit cost or pricing data separately may result in your proposal being judged as nonPage 69 of 405 SK18001: Data Communications Products & Services RFP – Page 12 of 25 responsive and ineligible for contract award. Offeror’s cost proposal must include the items provided in section 5.3 of the RFP.
Cost will be evaluated independently from the Mandatory Minimum Requirements, and the Technical responses. Inclusion of any cost or pricing data within the Detailed Technical Proposal will result in the proposal being judged as nonresponsive for violation of UCA § 63G-6a-707(5).
Title this document – [Vendor Name] Attachment E Cost Proposal G. Document: Fulfillment Partner List.
This document should constitute Offeror’s response to the Attachment D Partner List as described in section 1.1.
Title this document – [vendor name] Attachment D Fulfillment Partner List H. Document: Optional Lease Option Information
Offerors may submit, at their option, information pertaining to Lease Options. If a participating entity is interested in lease options, then they may negotiate terms of a lease option with a contractor or its fulfillment partner during the Participating Addendum process.
If there are no lease options provide a document with “None” in the body.
Title this document – [Vendor Name] Lease Option Information
2.3 CONTRACT AWARD INTENT
It is anticipated that the RFP will result in multiple contract awards established by the following multiple award methodology: all offerors that meet/exceed all solicitation minimum requirements and the required evaluation score to be selected for award subject to successful terms and conditions negotiations.
Participating entities may consider execution of Participating Addenda through informal competitions, and Participating entities may base their “best value” selection of the offeror whose qualifications best meet their needs after reviewing qualifications outlined in the offeror’s proposal and considering other information in the solicitation process relevant to their determination of best value (such as the proposals and evaluations).
The awarded Master Agreement(s) may be modified by the Lead State as a result of technological upgrades for the procurement item(s). Any modification for upgraded technology must be substantially within the scope of the original procurement or contract, and if both parties agree to the modification, then the contract may be modified, but it may not be extended beyond the term of the original awarded contract unless otherwise permitted by law.
2.4 LENGTH OF CONTRACT
The contracts resulting from this RFP will be for a period of five (5) years, with a an option for two (2) additional renewal periods of one (1) year each. The State reserves the right to review the contract resulting from this RFP on a regular basis regarding performance and cost and may negotiate price/discount % off during the contract’s term.
SK18001: Data Communications Products & Services RFP – Page 13 of 25 Offeror may offer maintenance / support agreements that extend beyond the resulting Master Agreement term pursuant to Attachment A section 27.
2.4.A DISCUSSIONS
Discussions may be conducted with the Offerors who submit proposals determined to be reasonably susceptible of being selected for award, followed by an opportunity to make best and final offers pursuant to UCA § 63G-6a Part 7, but proposals may be accepted without discussions.
2.5 STANDARD CONTRACT TERMS AND CONDITIONS, EXCEPTIONS, AND
NEGOTIATIONS
Any contract resulting from this RFP will include the NASPO ValuePoint Master Agreement Terms and Conditions (Master Agreement Terms and Conditions), Attachment A, including Exhibits to Attachment A.
Exceptions and/or additions to the Master Agreement Terms and Conditions and other requirements of this RFP are strongly discouraged. Any exception and/or addition regarding the Master Agreement Terms and Conditions must be made in the Offeror’s proposal. The Lead State will not consider proposed modifications and/or additions to the Master Agreement Terms and Conditions after the deadline for proposals. Exceptions and/or additions regarding the Master Agreement Terms and Conditions or other RFP provisions must contain the following:
1. The rationale for the specific requirement being unacceptable to the Offeror submitting the exception and/or addition;
2. Recommended verbiage for the Lead State’s consideration that is consistent in content, context, and form with the Master Agreement Terms and Conditions;
3. Explanation of how the Lead State’s acceptance of the recommended verbiage is fair and equitable to both the Lead State, the Participating Entities, and to the Offeror submitting the modification and/or exception.
Offerors may not submit requests for exceptions and/or additions by reference to an Offeror's website or URL. URLs provided with a proposal may result in that proposal being rejected as nonresponsive. Offerors may submit questions during the Q&A period regarding the Master Agreement Terms and Conditions.
The Lead State may refuse to negotiate exceptions and/or additions that are determined to be excessive; that are inconsistent with similar contracts; and to warranties, insurance, or indemnification provisions that are necessary to protect the procurement unit after consultation with the Attorney General's Office or other applicable legal counsel.
For the RFP, the Lead State reserves the right to negotiate exceptions and/or additions to terms and conditions in a manner resulting in expeditious resolutions. This process may include beginning negotiations with the qualified Offeror having the least amount of exceptions and/or additions and concluding with the Offeror submitting the greatest number of exceptions and/or additions. Contracts may be executed and become effective as negotiations are completed; however, all of the resulting Master Agreement(s) will terminate on the same date.
If negotiations are required, Offeror must provide all documents in Microsoft Word format for redline editing. Offeror must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.
SK18001: Data Communications Products & Services RFP – Page 14 of 25 An award resulting from the RFP is subject to successful contract terms and conditions negotiation (if required). The Lead State, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to that Offeror.
2.6 PROTECTED INFORMATION
The Government Records Access and Management Act (GRAMA), UCA § 63G-2-305, provides in part that:
the following records are protected if properly classified by a government entity:
(1) trade secrets as defined in Section 13-24-2, the Utah Uniform Trade Secrets Act, if the person submitting the trade secret has provided the governmental entity with the information specified in UCA § 63G-2-309 (Business Confidentiality Claims); (2) commercial information or non-individual financial information obtained from a person if:
(a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with the information specified in UCA § 63G-2-309;
* * * * *
(6) records, the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except, subject to Subsections (1) and (2), that this Subsection (6) does not restrict the right of a person to have access to, after the contract or grant has been awarded and signed by all parties, ...
Pricing may not be classified as confidential or protected and will be considered public information after award of the contract.
Process for Requesting Non-Disclosure: Any Offeror requesting that a record be protected shall include with the proposal a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the Offeror must complete the Claim of Business Confidentiality form with the following information:
1. Provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the state, and
2. Include a concise statement of reasons supporting the claim of business confidentiality (UCA § 63G-2-309(1)).
3. Submit an electronic “redacted” (excluding protected information) copy of the record.
The redacted copy must clearly be marked “Redacted Version.” The Claim of Business Confidentiality Form is provided as Attachment G.
An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”, and if so identified, shall be considered non-responsive unless the Offeror removes the designation.
Redacted Copy: If an Offeror submits a proposal that contains information claimed to be
SK18001: Data Communications Products & Services RFP – Page 15 of 25 business confidential or protected information, the Offeror must submit two separate proposals:
one redacted version for public release, with all protected business confidential information either blacked-out or removed, clearly marked as "Redacted Version"; and one non-redacted version for evaluation purposes, clearly marked as "Protected Business Confidential." The Lead State and NASPO ValuePoint are not liable or responsible for the disclosure of any confidential or proprietary information if the Offeror fails to follow the instructions of this section.
2.7 INTERVIEWS AND PRESENTATIONS
The evaluation committee does not intend to conduct interviews or presentations but we reserve the right to do so if it is determined to be in the best interest of the Lead State. Interviews and presentations may be held at the option of the Lead State. The Lead State shall establish a date and time for the interviews or presentations and shall notify eligible Offerors of the procedures.
Offerors invited to interviews or presentations shall be limited to those Offerors meeting the mandatory minimum requirements and mandatory minimum technical score threshold specified in the RFP. Representations made by an Offeror during interviews or presentations shall become an addendum to the Offeror's proposal and shall be documented. Representations must be consistent with Offeror's original proposal and may only be used for purposes of clarifying or filling in gaps in Offeror's proposal. Interviews and presentations will be at Offeror's expense.
2.8 RIGHT TO PUBLISH
Throughout the duration of this procurement and Master Agreement term, Offerors, OEM’s and their Fulfillment Partners must secure from the Lead State prior approval for the release of any information that pertains to the potential work or activities covered by this procurement or the Master Agreement. The OEM must not make any representations of Utah’s or the ValuePoint cooperative’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Master Agreement without prior written consent of the Lead State. Failure to adhere to this requirement may result in disqualification of the Offerors proposal or termination of the Master Agreement for cause.
2.9 CHANGES IN REPRESENTATION
The Contracted Manufacturer must notify the Lead State of changes in the Contracted Manufacturer’s Contract Administrator or Contract Usage Report Administrator, in advance and in writing and upon approval by the Lead State. The Lead State reserves the right to require a change in Contracted Supplier(s) representatives if the assigned representative(s) is not, in the opinion of the Lead State, meeting the Terms and Conditions of the contract.
2.10 STATE SEAL USE
The Utah Great Seal Rule states, in section R622-2-3.Custody and Use, that “no facsimile or reproduction of the Great Seal may be manufactured, used, displayed, or otherwise employed by anyone without the written approval of the Lieutenant Governor." Other Participating Entities have similar rules that must be adhered to by offerors or interested parties.
2.11 USAGE REPORTING AND ADMINISTRATIVE FEE REQUIREMENT Refer to Terms and Conditions for NASPO ValuePoint usage reporting and administrative fee requirements. Some States may require additional usage reporting and administrative fee be paid directly to the State only on purchases made by Purchasing Entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments
SK18001: Data Communications Products & Services RFP – Page 16 of 25 will be incorporated into the Participating Addendum that is made part of the Master Agreement.
The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the State.
2.12 GLOSSARY
Authorized Representative: An individual with the authority to legally bind the Offeror to the Terms and Conditions of the Master Agreement (s) established as a result of this RFP. This individual must have the authority and ability to accurately reflect the ability of the Offeror to meet the requirements detailed in this RFP.
Contract Administrator: A dedicated person with the authority and ability to manage compliance with the scope and Terms and Conditions for this contract.
Contracted Supplier or Contractor or Contracted OEM Supplier: An Original Equipment Manufacturer (OEM) of the offered Data Communications products that has been awarded a Master Agreement as a result of this procurement.
Lead State: The State issuing the Request for Proposal, in this case, Utah.
Mandatory Minimum Requirements: Requirements that must be met in order to be considered for further evaluation. Mandatory minimum requirements are non-negotiable. An offer that does not meet the mandatory minimum requirements will be disqualified from further consideration.
Master Agreement: The underlying agreement executed by and between the Lead State, acting on behalf of NASPO ValuePoint and the Contractor, as now or hereafter amended.
NASPO ValuePoint: Unified, nationally focused cooperative allegiance aggregating the demand of all 50 states, the District of Columbia and the organized US territories, their political subdivisions and other eligible entities, spurring best innovation and competition in the marketplace. See http://www.naspovaluepoint.com/ for more information.
OEM: Original Equipment Manufacturer of the data communications products and services.
Participating Addendum: A Participating Addendum must be executed by any State that decides to adopt a NASPO ValuePoint Master Agreement. A Participating Addendum must be executed for each Contractor by the individual State desiring to use their contract. Additional States may be added with the consent of the Contractor and the Lead State (on behalf of NASPO ValuePoint) through execution of Participating Addendums. A Participating Addendum allows for each Participating State to add Terms and Conditions that may be unique to their State.
The Participating State and the Contractor must negotiate and agree upon any additional Terms and Conditions prior to the signing and execution of the Participating Addendum. States are not mandated to sign a Participating Addendum with all awarded vendors.
Participating Entity: A state, or other legal entity, properly authorized to enter into a Participating Addendum. See Attachment A.
Price Guarantee Period: One (1) Year.
Published Commercial Price List: Manufacturer’s Price list, also known as the list price.
SK18001: Data Communications Products & Services RFP – Page 17 of 25 Purchasing Entity: A state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.
Qualified Entity: An entity that is eligible to use the Master Agreement(s).
Usage Report Administrator: A person responsible for the quarterly sales reporting and payments described in this RFP.
SK18001: Data Communications Products & Services RFP – Page 18 of 25 SECTION 3: EVALUATION AND AWARD
3.1 PROPOSAL EVALUATION
All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, Administrative Rules, policies and the evaluation criteria in this RFP. Offerors bear sole responsibility for the items included or not included within the submitted proposal. Each area of the evaluation criteria must be addressed in detail in the proposal. Each product category will be awarded separately. Offeror’s may respond to one or any of the product categories.
The Lead State reserves the right to very that Offeror’s proposal meets the required mandatory minimums and technical requirements.
3.2 PROPOSAL EVALUATION PROCESS
Stage 1: Initial Review
In the initial phase of the evaluation process, the Lead State will review all proposals timely received. The mandatory minimum requirements are provided in Section 4.1, and will scored on a pass/fail basis. A “Fail” on any one criteria will result in a proposal being deemed nonresponsive. Failure to provide a response to each Mandatory requirement will result in disqualification. These requirements are summarized below.
Mandatory Minimum Requirements RFP Section Pass/Fail
RFP Development 4.1.1 Pass/Fail
Evaluation of Proposals 4.1.2 Pass/Fail
Proposed Categories 4.1.3 Pass/Fail
Delivery 4.1.4 Pass/Fail
Credit Rating 4.1.5 Pass/Fail
OEMs Only 4.1.6 Pass/Fail
Non-responsive proposals not conforming to the RFP requirements or unable to meet the mandatory minimum requirements will be eliminated from further consideration. Offerors that meet all minimum requirements will move on to the Stage 2 evaluation.
Stage 2: OEM Evaluated Qualifications
Responsive proposals will be evaluated by an evaluation committee appointed by the Lead State against the criteria described in Section 4.2 OEM Evaluated Qualifications.
The listed criteria in Section 4.2 are weighted as follows:
Evaluation Criteria RFP Section Points Possible
Company Profile and References 4.2.1 50.0
Ability to Supply NASPO ValuePoint Member States 4.2.2 50.0 Ability to Provide Technical Support to End Users 4.2.3 50.0 Qualifications and Technical Ability 4.2.4 25.0
Security 4.2.5 50.0
Environmental 4.2.6 25.0
Total Stage 2 Points 250.0 points
The evaluation committee will tally the final scores for the OEM Evaluated Qualifications criteria to arrive at a consensus score by averaging the individual scores. Offerors that achieve the minimum score threshold of 162.5 points within the Stage 2 evaluation will proceed to the
SK18001: Data Communications Products & Services RFP – Page 19 of 25 Stage 3 Category Qualification Evaluation. Offeror’s who do not achieve the required minimum score threshold will be disqualified and eliminated from further consideration.
Stage 3: Category Qualification Evaluation
Responsive proposals that meet the minimum score threshold from Stage 2 will then be evaluated for responsiveness in each Category that Offeror is seeking an award in.
The listed criteria in Section 4.3 are weighted as follows:
Evaluation Criteria RFP Section Points Possible
Ability to meet Requirements of Selected Category 4.3.1 100.0 Consumption Models 4.3.2 25.0
Category Specific Security 4.3.3 50.0
Open Standards and Interoperability 4.3.4 50.0
Value Added Services 4.3.5 25.0
Total Stage 3 Points Per Category 250.0 points
The total possible points and the minimum score threshold that must be achieved for each Category that Offeror is seeking an award in are as follows:
Award Categories Total Points Possible Stage 3: Minimum Threshold
Unified Communications 250.0 175.0
Networking 250.0 175.0
Routers, Switches, Security, and
Storage Networking
250.0 175.0
Wireless 250.0 175.0
Facility Management, Monitoring,
and Control
250.0 175.0
The evaluation committee will tally the final scores for in each Category to arrive at a consensus score by averaging the individual evaluator scores.
Proposals that achieve the minimum score threshold listed above for a given Award Category will proceed to the Final Stage: Cost Proposal Evaluation. Offerors with a score of less than the minimum required technical points (Minimum Threshold) will be deemed non-responsive and ineligible for further consideration.
The evaluation score sheet has been attached to this RFP (Attachment F) for reference. This provided scoresheet states the relative weight for each evaluation criteria.
Final Stage: Cost Proposal Evaluation
Offerors successful in the Stage 3 Product Qualification Evaluation will advance to the Final Stage: Cost Proposal Evaluation. At this stage, the Lead State will then separate all responsive proposals into the following groups:
• Group 1: those Offerors whose proposal qualifies for all Award Categories. • Group 2: those Offerors whose proposal qualifies one or more Award Categories, but not all Award Categories.
The Minimum Discount % off within Group 1 proposals will be compared against the Group 1 proposals. The Minimum Discount % off within Group 2 proposals will be compared against the
SK18001: Data Communications Products & Services RFP – Page 20 of 25 Group 2 proposals.
Group 1 – Within Group 1, the Offeror with the highest proposed Average Minimum Discount % off List for all Award Categories (See Attachment E) will receive 166.7 cost points. All other Offerors within Group 1 will receive a percentage of the cost points possible based on the percentage by which their proposed discount % is lower than the highest discount % in the given category. The formula to compute cost points is: (Proposed Average Discount % / Highest Average Minimum Discount %) * Total Cost Points Available.
Group 2 – Within Group 2, the Offeror with the highest proposed Minimum Discount % off List for the given Award Category 166.7 cost points. All other Offerors within Group 2 will receive a percentage of the cost points possible based on the percentage by which their proposed discount % is lower than the highest discount % in the given category. The formula to compute cost points is: (Proposed Minimum Discount % / Highest Minimum Discount %) * Total Cost Points Available.
Refer to Section 5 below and Attachment E for additional information pertaining to the cost evaluation.
3.3 AWARD OF MASTER AGREEMENT(S)
In order to be eligible for a contract award under this RFP a proposal must have a combined total score, of OEM, technical points, and cost points meeting the minimum threshold for award for the given Category as provided below:
Product Category Total Possible
Technical
Points*
Total
Possible
Cost Points
Grand Total
Possible
Points
Minimum
Threshold
for Award
Unified Communications 500.0 166.7 666.7 466.69
Networking 500.0 166.7 666.7 466.69
Routers, Switches, Security,
and Storage Networking
500.0 166.7 666.7 466.69
Wireless 500.0 166.7 666.7 466.69
Facility Management,
Monitoring, and Control
500.0 166.7 666.7 466.69
*Technical Points is a combination of Stage 2 and Stage 3 Technical Points.
All Offerors whose proposals meet or exceed this minimum threshold for award in a given Category are determined to provide the best value. After final selections are made, the Lead State will issue an intent-to-award announcement by letter to all responsive Offerors.
3.4 PROTEST PROCESS
Offerors are directed to Utah Code Part 16 and Utah Administrative Code Rule R16 available at http://le.utah.gov/xcode/Title63G/Chapter6a/63G-6a-S1601.html and http://www.rules.utah.gov/publicat/code/r033/r033-016.htm for available protest processes.
3.5 PUBLICIZING AWARD(S)
The Lead State shall, on the next business day after the award of a contract(s) is announced,
SK18001: Data Communications Products & Services RFP – Page 21 of 25 make available to each Offeror and to the public a written justification statement that includes:
(a) the name of the offeror to which the contract is awarded and the total score awarded by the evaluation committee to that offeror;
(b) the justification statement under UCA § 63G-6a-708, including any required costbenefit analysis; and (c) the total score awarded by the evaluation committee to each offeror to which the contract is not awarded, without identifying which offeror received which score.
SK18001: Data Communications Products & Services RFP – Page 22 of 25 SECTION 4: ADMINISTRATIVE AND TECHNICAL RESPONSE
REQUIREMENTS
4.1 Mandatory Minimum Requirements
This section contains mandatory minimum requirements that must be met in order for an offer to be considered responsive.
Failure to meet any one of the mandatory requirements/qualifications will result in the proposal being rejected pursuant to UCA § 63G-6a-704 and the proposal will not move forward in the evaluation process. All of the items described in this section are non-negotiable. A rejection of a proposal due to a proposal not meeting mandatory minimum requirements can occur at any time that the non-compliance is discovered.
4.1.1 RFP Development. Did your company, an employee, agent, or representative of your company, or any affiliated entity participate in developing any component of this solicitation? For purposes of this question, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly: (1) either one controls or has power to control the other or (2) a third party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities or equipment, and common use of employees. A response of other than “no” is subject to disqualification.
4.1.2 Evaluation of Proposals. Will your company, or an employee, agent, or representative of your company, participate in the evaluation of the proposals received in response to this RFP? A response of other than “no” is subject to disqualification.
4.1.3 Proposed Categories. Identify all categories your firm is seeking an award in from the following:
1. Unified Communications
2. Networking
3. Routers, Switches, Security, and Storage Networking
4. Wireless
5. Facility Management, Monitoring, and Control
4.1.4 Delivery. The extended prices are the delivered price to any Purchasing Entity. The extended price must reflect the minimum discount % off list price, as well as the price to deliver the item/services to the Purchasing Entity. See Attachment A section 14 for the required shipping and delivery. Offeror shall affirm its’ acknowledgement of this requirement.
4.1.5 Credit Rating. Vendor must meet a minimum Dun and Bradstreet (D&B) credit rating of 3A2 or better, or a recognized equivalent rating. Please provide the Respondent’s D&B Number and the composite credit rating. The State reserves the right to verify this information. If a branch or wholly owned subsidiary is bidding on this RFP, please provide the D&B Number and score for the parent company that will be financially responsible for performance of the agreement.
4.1.6 OEMs Only. Master Agreements will only be established with qualified Original Equipment Manufacturers (OEM’s) resulting from this Data Communication’s Products and Services RFP. Offeror must affirm its acknowledgement of this requirement, and that it is the OEM of all proposed solutions, hardware, services, etc. within its proposal.
SK18001: Data Communications Products & Services RFP – Page 23 of 25
4.2 OEM EVALUATED QUALIFICATIONS
Offeror’s who meet all mandatory minimum requirements outlined above will then be evaluated on the qualifications detailed in Attachment B.1.
4.2.1 Company Profile and References
4.2.2 Ability to Supply NASPO ValuePoint Member States
4.2.3 Ability to Provide Technical Support to End Users
4.2.4 Qualifications and Technical Ability
4.2.5 Security
4.2.6 Environmental
All Offerors are required to complete and submit a point by point response to the items detailed in Attachment B.1, in the format provided in Attachment B.1.
4.3 CATEGORY QUALIFICATIONS
Offerors who meet all mandatory minimum requirements from section 4.1, and the required score thresholds for the criteria outlined in section 4.2, will then be evaluated on the following items for EACH category Offeror is seeking an award. Non-responsive proposals not conforming to RFP or unable to meet the Stage 2 required thresholds will be disqualified and eliminated from further consideration. All Offerors are required to complete and submit a point by point response to the following items detailed in Attachment B.2 for each category Offeror is seeking an award (i.e., if Offeror is seeking qualification in Categories 1.1 and 1.2, then Offeror must complete Attachment B.2 twice, once for each category Offeror is seeking an award):
4.3.1 Ability to meet Scope/Service Requirements of Selected Category
4.3.2 Consumption Models
4.3.3 Category Specific Security
4.3.4 Open Standards and Interoperability
4.3.5 Value Added Services
SK18001: Data Communications Products & Services RFP – Page 24 of 25 SECTION 5: COST INFORMATION AND COST PROPOSAL
5.1 PRICE GUARANTEE PERIOD
All pricing must be guaranteed as provided within Attachment A section 11. Price increases or decreases during the contract term will be resolved pursuant to Attachment A section 11.
5.2 PRODUCT LINE ADDITIONS AND FULFILLMENT PARTNER UPDATES During the term of the contract, Data Communications Providers may submit a request to update the awarded items (within the scope listed in Attachment B) as new technology is introduced, updated or removed from the market. The Master Agreement Administrator will evaluate requests and update the contract offering as appropriate. The Data Communications Service Provider shall update the dedicated website, price lists, and catalogs to reflect approved changes. Pricing must utilize the same pricing structure as was used for services falling into the same service category.
The process for adding or removing a fulfillment partner at the State level may be negotiated and described in the Participating Addendum. Each participating State may determine, negotiate with the contractor, and describe the process in the Participating Addendum. Contractors shall follow the process described in the Participating Addendum for each State when adding or removing a fulfillment partner per State.
5.3 COST PROPOSAL
Given that technology products generally depreciate over time and go through typical product lifecycles, it is more favorable for Purchasing Entities to have the Master Agreement be based on minimum discounts off the Offeror’s’ commercially published pricelists versus fixed pricing. (Orders, however, will be fixed-price or fixed-rate and not cost reimbursable contracts.) In addition, Offerors will have the ability to update and refresh their respective price catalog, as long as the agreed-upon discounts are fixed, subject to prior approval by the Lead State.
Offeror must identify its offered Minimum Discount % off List within Attachment E.
The Minimum Discount % off List shall be firm fixed for the duration of the contract. However, the list prices may fluctuate through the life of the contract, as provided herein this Section 5. Offeror may offer increased discounts upon achievement of contract volume milestones. Minimum guaranteed contract discounts do not preclude an Offeror and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. Purchasing entities shall benefit from any promotional pricing offered by the Contractor to similar customers.
Promotional pricing shall not be cause for a permanent price change.
An Offeror’s price catalog should be clear and readable. All firms awarded a particular Category will be awarded their entire product line within the scope of the product category. Participating Entities, in reviewing an Offeror’s Master Agreement, will take into account the discount offered by the Offeror along with the transparent, publicly available, up-to-date pricing and tools that will allow customers to evaluate their pricing.
Individual Participating Addendums may use a vendor’s proposed minimum discount percentage off (Attachment E), and offered catalog, as a base and may elect to negotiate an adjusted (i.e., greater) minimum discount percentage off.
Value Added Services. Some Participating Entities may desire to use an Offeror for other related application modifications to optimize or deploy hardware and service applications. Responses to the RFP must include hourly rates by job specialty for use by Participating Entities for these types
SK18001: Data Communications Products & Services RFP – Page 25 of 25 of database/application administration, systems engineering & configuration services and consulting throughout the contract period. The hourly rates should be a fully burdened rate that includes labor, overhead, and any other costs related to the service. The specific rate (within a range) charged for each proposed contracted service would be the lowest rate shown unless justified in writing and approved by the Lead State. Any of these valued-added services must be included in your cost proposal, e.g., by an hourly rate.
Attachment A: Page 1 of 27
Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions
1. Master Agreement Order of Precedence
a. Any Order placed under this Master Agreement shall consist of the following documents:
(1) A Participating Entity’s Participating Addendum (“PA”); (2) NASPO ValuePoint Master Agreement Terms & Conditions; (3) A Purchase Order issued against the Master Agreement, including a Service Level Agreement;
(4) The Solicitation; and
(5) Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State.
b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment.
2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section.
Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product.
Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement.
Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement.
Data Breach means any actual or reasonably suspected non-authorized access to or acquisition of computerized Non-Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non-Public Data or Personal Data, or the
Attachment A: Page 2 of 27
ability of Purchasing Entity to access the Non-Public Data or Personal Data.
Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self-replicate without manual intervention, instructions programmed to activate at a predetermined time or upon a specified event, and/or programs purporting to do a meaningful function but designed for a different function, that alter, destroy, inhibit, damage, interrupt, interfere with or hinder the operation of the Purchasing Entity’s’ software, applications and/or its end users processing environment, the system in which it resides, or any other software or data on such system or any other system with which it is capable of communicating.
Embedded Software means one or more software applications which permanently reside on a computing device.
Fulfillment Partner means a third-party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions.
Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.
Lead State means the State centrally administering any resulting Master Agreement(s).
Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended.
NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and
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receiving reports as well as other contract administration functions as assigned by the Lead State.
Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products.
Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions.
Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum.
Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate.
Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity; however, a Participating State listed in the Request for Proposal is not required to participate through execution of a Participating Addendum.
Personal Data means data alone or in combination that includes information relating to an individual that identifies the individual by name, identifying number, mark or description can be readily associated with a particular individual and which is not a public record. Personal Information may include the following personally identifiable information (PII): government-issued identification numbers (e.g., Social Security, driver’s license, passport); financial account information, including account number, credit or debit card numbers; or Protected Health Information (PHI) relating to a person.
Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and services, and products and services are used interchangeably in these terms and conditions.
Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.
Services mean any of the specifications described in the Scope of Services that are supplied or created by the Contractor pursuant to this Master Agreement.
Security Incident means the possible or actual unauthorized access to a Purchasing Entity’s Non-Public Data and Personal Data the Contractor believes could reasonably result in the use, disclosure or theft of a Purchasing Entity’s Non-Public Data within the possession or control of the Contractor. A Security Incident also includes a major
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security breach to the Contractor’s system, regardless if Contractor is aware of unauthorized access to a Purchasing Entity’s Non-Public Data. A Security Incident may or may not turn into a Data Breach.
Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating Addendum unless otherwise expressly agreed in writing between the Purchasing Entity and the Contractor. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are calculated and issued.
Solicitation means the documents used by the State of Utah, as the Lead State, to obtain Contractor’s Proposal.
Statement of Work means a written statement in a solicitation document or contract that describes the Purchasing Entity’s service needs and expectations.
NASPO ValuePoint Program Provisions
3. Term of the Master Agreement
a. The initial term of this Master Agreement is for five (5) years. This Master Agreement may be extended beyond the original contract period for two (2) additional years at the Lead State’s discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. b. The Master Agreement may be extended for a reasonable period of time, not to exceed six months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions.
4. Amendments
The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor.
5. Participants and Scope
a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or
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amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order.
b. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state’s statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.
c. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to [email protected] to support documentation of participation and posting in appropriate data bases.
d. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States. e. Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program requirements: Term of the Master Agreement; Amendments; Participants and Scope; Administrative Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect.
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f. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent to participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. g. Resale. “Resale” means any payment in exchange for transfer of tangible goods, software, or assignment of the right to services. Subject to any specific conditions included in the solicitation or Contractor’s proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products (the definition of which includes services that are deliverables). Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity’s laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property.
6. Administrative Fees
a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal.
b. Additionally, some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6a shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda.
7. NASPO ValuePoint Summary and Detailed Usage Reports
In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports.
a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to
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NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required.
Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool).
b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation.
Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment H.
c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report.
d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues.
NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.
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8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review
a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel.
Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the Master agreement and participating addendum process, and the manner in which qualifying entities can participate in the Master Agreement. b. Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personnel to provide plans to launch the program within the participating state. Plans will include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the contract offer as available in the participating state.
c. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the customer agreement. Contractor will ensure that their sales force is aware of this contracting option. d. Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. e. Contractor acknowledges that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint.
f. The Lead State expects to evaluate the utilization of the Master Agreement at the annual performance review. Lead State may, in its discretion, terminate the Master Agreement pursuant to section 28, or not exercise an option to renew, when Contractor utilization does not warrant further administration of the Master Agreement. The Lead State may exercise its right to not renew the Master Agreement if vendor fails to record or report revenue for three consecutive quarters, upon 60-calendar day written notice to the Contractor. Termination based on nonuse or under-utilization will not occur sooner than two years after award (or execution if later) of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to terminate the Master Agreement pursuant to section 28 or to terminate for default pursuant to section 30.
g. Contractor agrees, within 30 days of their effective date, to notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-part contracts or agreements that may affect the promotion of this Master Agreements or whose terms provide for adjustments to future rates or pricing based on rates, pricing in,
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or Orders from this master agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.
9. NASPO ValuePoint eMarket Center
a. In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. (doing business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint’s customers to access a central online website to view and/or shop the goods and services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These Ordering Instructions are available at no cost to the Contractor and provide customers information regarding the Contractors website and ordering information. The Contractor is required at a minimum to participate in the eMarket Center through Ordering Instructions.
c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process. The Contractor shall have thirty (30) days from receipt of written request to work with NASPO ValuePoint to provide any unique information and ordering instructions that the Contractor would like the customer to have. d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket Center, or either solution is proposed by a Contractor and accepted by the Lead State, the provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms and Conditions apply.
10. Right to Publish
Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan. The Contractor shall not make any representations of NASPO ValuePoint’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause.
11. Price and Rate Guarantee Period
All pricing must be guaranteed for the first year of the Master Agreement.
Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period.
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Requests for price increases must include sufficient documentation supporting the request and demonstrating a reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturers national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published commercial price list.
No retroactive price increases will be allowed.
Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM’s published commercial price list, including renewal options, the Lead State shall be notified immediately. All published commercial price list price reductions shall be effective upon the notification provided to the Lead State.
12. Individual Customers
Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually.
Administration of Orders
13. Ordering
a. Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. b. Purchasing Entities may define entity or project-specific requirements and informally compete the requirement among companies having a Master Agreement on an “as needed” basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity’s rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered.
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c. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities’ rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement.
d. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity. e. Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement.
f. All Orders pursuant to this Master Agreement, at a minimum, shall include:
(1) The services or supplies being delivered;
(2) The place and requested time of delivery;
(3) A billing address;
(4) The name, phone number, and address of the Purchasing Entity representative;
(5) The price per hour or other pricing elements consistent with this Master Agreement and the contractor’s proposal;
(6) A ceiling amount of the order for services being ordered; and (7) The Master Agreement identifier.
g. All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity’s purchasing office, or to such other individual identified in writing in the Order. h. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement. Maintenance agreements may have terms as prescribed in section 27. Contractor is reminded that financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available.
i. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.
14. Shipping and Delivery
a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be
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F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge.
b. All deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order.
c. All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.
15. Laws and Regulations
Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations.
16. Inspection and Acceptance
a. Where the Master Agreement or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. b. All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use.
Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked.
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c. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. d. The warranty period shall begin upon Acceptance.
e.
17. Payment
Payment after Acceptance is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by applicable law. Payments will be remitted by mail. Payments may be made via a State or political subdivision “Purchasing Card” with no additional charge.
18. Warranty
Warranty provisions govern where specified elsewhere in the documents that constitute the Master Agreement; otherwise this section governs. The Contractor warrants for a period of one year from the date of Acceptance that: (a) the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is suitable for any special purposes identified in the solicitation or for which the Purchasing Entity has relied on the Contractor’s skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of defects. Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.
19. Title of Product
Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests. Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional
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cost or charge to either Purchasing Entity or Purchasing Entity’s transferee.
20. License of Pre-Existing Intellectual Property
Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate, reproduce for Purchasing Entity’s own use, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre-existing Intellectual Property”). The Contractor shall be responsible for ensuring that this license is consistent with any third party rights in the Pre-existing Intellectual Property.
21. No Guarantee of Service Volumes: The Contractor acknowledges and agrees that the Lead State and NASPO ValuePoint makes no representation, warranty or condition as to the nature, timing, quality, quantity or volume of business for the Services or any other products and services that the Contractor may realize from this Master Agreement, or the compensation that may be earned by the Contractor by offering the Services. The Contractor acknowledges and agrees that it has conducted its own due diligence prior to entering into this Master Agreement as to all the foregoing matters.
22. Purchasing Entity Data: Purchasing Entity retains full right and title to Data provided by it and any Data derived therefrom, including metadata.
Contractor shall not collect, access, or use user-specific Purchasing Entity Data except as strictly necessary to provide Service to the Purchasing Entity. No information regarding Purchasing Entity’s use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. The obligation shall extend beyond the term of this Master Agreement in perpetuity.
Contractor shall not use any information collected in connection with this Master Agreement, including Purchasing Entity Data, for any purpose other than fulfilling its obligations under this Master Agreement.
23. System Failure or Damage: In the event of system failure or damage caused by Contractor or its Services, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity.
24. Title to Product: If access to the Product requires an application program interface (API), Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API.
25. Data Privacy: The Contractor must comply with all applicable laws related to data privacy and security, including IRS Pub 1075. Prior to entering into a SLA with a Purchasing Entity, the Contractor and Purchasing Entity must cooperate and hold a meeting to determine the Data Categorization to determine what data the Contractor will hold, store, or process. The Contractor must document the Data Categorization in the SLA or Statement of Work.
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26. Transition Assistance:
a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be delivered under this Master Agreement, including without limitation any successor service provider to whom a Purchasing Entity’s Data is transferred in connection with the termination or expiration of this Master Agreement. The Contractor shall assist a Purchasing Entity in exporting and extracting a Purchasing Entity’s Data, in a format usable without the use of the Services and as agreed by a Purchasing Entity, at no additional cost to the Purchasing Entity. Any transition services requested by a Purchasing Entity involving additional knowledge transfer and support may be subject to a separate transition Statement of Work.
b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document identifying the transition services to be provided and including a Statement of Work if applicable.
c. The Contractor must maintain the confidentiality and security of a Purchasing Entity’s Data during the transition services and thereafter as required by the Purchasing Entity.
27. Performance and Payment Time Frames that Exceed Contract Duration: All maintenance or other agreements for services entered into during the duration of an SLA and whose performance and payment time frames extend beyond the duration of this Master Agreement shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, maintenance or other agreements for services may be executed after the Master Agreement has expired. For the purposes of this section, renewals of maintenance, subscriptions, and other service agreements, shall not be considered as “new.”
General Provisions
28. Insurance
a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum.
b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below:
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(1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$3 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.
c. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur.
d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names the Participating States identified in the Request for Proposal as additional insureds, (2) provides that written notice of cancellation shall be delivered in accordance with the policy provisions, and (3) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities’ rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state. e. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.
f. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.
29. Records Administration and Audit
a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master
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Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. b. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of Administrative Fees found as a result of the examination of the Contractor’s records.
c. The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations.
30. Confidentiality, Non-Disclosure, and Injunctive Relief a. Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity’s clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity (“Confidential Information”).
Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity or; (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. b. Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing
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any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. c. Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content.
d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. e. The rights granted Purchasing Entities and Contractor obligations under this section shall also extend to Confidential Information, defined to include Participating Addenda, as well as Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to section 29. To the extent permitted by law, Contractor shall notify the Lead State of the identify of any entity seeking access to the Confidential Information described in this subsection.
31. Public Information
This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity’s public information laws.
32. Assignment/Subcontracts
a. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State.
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b. The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint and other third parties.
32. Changes in Contractor Representation
The Contractor must notify the Lead State of changes in the Contractor’s key administrative personnel managing the Master Agreement in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor’s proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s proposal.
33. Independent Contractor
The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum.
34. Termination
Unless otherwise stated, this Master Agreement may be terminated by either Lead State or Contractor upon 60 days written notice prior to the effective date of the termination. Further, any Participating Entity may terminate its participation upon 30 days written notice, unless otherwise limited or stated in the Participating Addendum.
Termination may be in whole or in part. Any termination under this provision shall not affect the rights and obligations attending orders outstanding at the time of termination, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit. Termination of the Master Agreement due to Contractor default may be immediate.
35. Force Majeure
Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, or war which are beyond that party’s reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement.
36. Defaults and Remedies
a. The occurrence of any of the following events by Contractor shall be an event of default under this Master Agreement:
(1) Nonperformance of contractual requirements; or
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(2) A material breach of any term or condition of this Master Agreement; or (3) Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or
(4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or (5) Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor’s liability for damages, including liquidated damages to the extent provided for under this Master Agreement.
c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies:
(1) Exercise any remedy provided by law; and
(2) Terminate this Master Agreement and any related Contracts or portions thereof; and
(3) Impose liquidated damages as provided in this Master Agreement; and (4) Suspend Contractor from being able to respond to future bid solicitations; and (5) Suspend Contractor’s performance; and
(6) Withhold payment until the default is remedied.
d. Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity.
Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.
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37. Waiver of Breach
Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order.
38. Debarment
The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency.
This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.
39. Indemnification
a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third-party claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, injury, or damage to tangible property arising from act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement.
b. Indemnification – Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim") of another person or entity. (1) The Contractor’s obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is:
(a) provided by the Contractor or the Contractor’s subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or
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(c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or
(d) It would be reasonably expected to use the Product in combination with such product, system or method.
(2) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor.
If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement.
40. No Waiver of Sovereign Immunity
In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.
This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.
41. Governing Law and Venue
a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement
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after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State.
b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity’s State.
c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party.
42. Assignment of Antitrust Rights
Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1- 15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.
43. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement.
44. Leasing or Alternative Financing Methods
The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity.
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45. Entire Agreement: This Master Agreement, along with any attachment, contains the entire understanding of the parties hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a Participating Entity. No click-through, or other end user terms and conditions or agreements required by the Contractor (“Additional Terms”) provided with any Services hereunder shall be binding on Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative “acceptance” of those Additional Terms before access is permitted.
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eMarket Center Appendix
a. This Appendix applies whenever a catalog hosted by or integration of a punchout site with eMarket Center is required by the solicitation or either solution is proposed by a Contractor and accepted by the Lead State.
b. Supplier’s Interface with the eMarket Center. There is no cost charged by JAGGAER to the Contractor for loading a hosted catalog or integrating a punchout site. c. At a minimum, the Contractor agrees to the following:
(1) Implementation Timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin enablement process. The Contractor shall have fifteen (15) days from receipt of written request to work with NASPO ValuePoint and JAGGAER to set up an enablement schedule, at which time JAGGAER’s technical documentation shall be provided to the Contractor. The schedule will include future calls and milestone dates related to test and go live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted catalog or (2) punch-out catalog, from date of receipt of written request. (2) NASPO ValuePoint and JAGGAER will work with the Contractor, to decide which of the catalog structures (either hosted or punch-out as further described below) shall be provided by the Contractor. Whether hosted or punch-out, the catalog must be strictly limited to the Contractor’s awarded contract offering (e.g. products and/or services not authorized through the resulting cooperative contract should not be viewable by NASPO ValuePoint Participating Entity users). (a) Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its awarded products/services and pricing in an electronic data file in a format acceptable to JAGGAER, such as Tab Delimited Text files. In this scenario, the Contractor must submit updated electronic data no more than once per 30 days to the eMarket Center for the Lead State’s approval to maintain the most up-to-date version of its product/service offering under the cooperative contract in the eMarket Center.
(b) Punch-Out Catalog. By providing a punch-out catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with the eMarket Center as a. Standard punch-in via Commerce eXtensible Markup Language (cXML). In this scenario, the Contractor shall validate that its online catalog is up-to-date by providing a written update no more than once per 30 days to the Lead State stating they have audited the offered products/services and pricing listed on its online catalog. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e-Quote functionality to facilitate volume discounts. d. Revising Pricing and Product Offerings: Any revisions to product/service offerings (new products, altered SKUs, new pricing etc.) must be pre-approved by the Lead State and shall be subject to any other applicable restrictions with respect to the frequency or
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amount of such revisions. However, no cooperative contract enabled in the eMarket Center may include price changes on a more frequent basis than once per year (see required Price Guarantee Period section 11). The following conditions apply with respect to hosted catalogs:
(1) Updated pricing files are required each calendar month of the month and shall go into effect in the eMarket Center on as approved by the Lead State contract administrator.
(2) Lead State-approved price changes are not effective until implemented within the eMarket Center. Errors in the Contractor’s submitted pricing files will delay the implementation of the price changes in eMarket Center. e. Supplier Network Requirements: Contractor shall join the JAGGAER Supplier Network (SQSN) and shall use JAGGAER’s Supplier Portal to import the Contractor’s catalog and pricing, into the JAGGAER system, and view reports on catalog spend and product/pricing freshness. The Contractor can receive orders through electronic delivery (cXML) or through low-tech options such as fax. More information about the SQSN can be found at: www.sciquest.com or call the JAGGAER Supplier Network Services team at 800-233-1121.
f. Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch-out catalog, the Contractor agrees to meet the following requirements:
(1) Catalog must contain the most current pricing, including all applicable administrative fees and/or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the cooperative contract; and
(2) The accuracy of the catalog must be maintained by Contractor throughout the duration of the cooperative contract; and
(3) The Catalog must include a Lead State contract identification number; and (4) The Catalog must include detailed product line item descriptions; and (5) The Catalog must include pictures when possible; and (6) The Catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple contracts applicable to different NASPO ValuePoint Participating Entities. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions. Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable.
The system will deliver the appropriate contract pricing to the user viewing the catalog.
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g. Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or cXML. The Contractor shall provide positive confirmation via phone or email within 24 hours of the Contractor’s receipt of the Purchase Order. If the Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Contractor must provide positive confirmation via phone or email on the next business day.
h. UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by JAGGAER for the suppliers and are upgraded every year. NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity.
i. Applicability: Contractor agrees that NASPO ValuePoint controls which contracts appear in the eMarket Center and that NASPO ValuePoint may elect at any time to remove any supplier’s offering from the eMarket Center. j. The Lead State reserves the right to approve the pricing on the eMarket Center. This catalog review right is solely for the benefit of the Lead State and Participating Entities, and the review and approval shall not waive the requirement that products and services be offered at prices (and approved fees) required by the Master Agreement. k. Several NASPO ValuePoint Participating Entities currently maintain separate JAGGAER eMarketplaces, these Participating Entities do enable certain NASPO ValuePoint Cooperative Contracts. In the event one of these entities elects to use this NASPO ValuePoint Cooperative Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor agrees to work in good faith with the entity and NASPO ValuePoint to implement the catalog.
NASPO ValuePoint does not anticipate that this will require substantial additional efforts by the Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such separate JAGGAER catalogs. (December 2017)
Attachment B
Attachment B – Scope of Work
I. Data Communications Award Categories
The scope for this RFP and resulting contract is as provided below. A vendor may offer products (i.e. white box, artificial intelligence, etc.) under multiple categories so long as the vendor has received an award for the applicable category it is offering the provided equipment / service. Each category also allows for Internet of Things (IoT) products. These products must be an IoT product that can be deployed within, upon, or integrated into a government agency’s physical asset to address government line of business needs. Proposals are expected to include IoT products designed to support common government lines of business in specific subcategoriesi.e. routers, switches, end points, etc. IoT products can only be provided in categories that the vendor is awarded in and can include endpoints that support items in that category.
Category 1.1: UNIFIED COMMUNICATIONS (UC).
A set of products that provides a consistent unified user interface and user experience across multiple devices and modes of communications. Unified Communications that is able to provide services such as session management, voice, video, messaging, mobility, and meeting solutions (i.e., web, audio, IM&P, file sharing, white boarding, guest support, etc.). It can provide the foundation for advanced unified communications capabilities of IM and presence-based services and extends telephony features and capabilities to packet telephony network devices such as IP phones, media processing devices, Voice over IP (VoIP) gateways, and multimedia applications. Additional services, such as unified messaging, multimedia conferencing, collaborative contact centers, and interactive multimedia response systems, are made possible through open telephony APIs. General UC solution capabilities should include:
• High Availability for Call Processing
• Hardware Platform High Availability
• Network Connectivity High Availability
• PSTN Access resiliency
• Call Processing Redundancy
• Optional Branch Office Survivability Services
1.1.1 IP Telephony ― Solutions utilized to provide the delivery of the telephony application (for example, call setup and teardown, and telephony features) over IP, instead of using circuit-switched or other modalities. Capabilities should include:
• Support for analog, digital, and IP endpoints
• Centralized Management
• Enterprise Telephony Features (CFx, Transfer, CID, Shared line appearance, One Number Service, etc.)
• Provide basic hunt group and call queuing capabilities • Flexibility to configure queue depth and hold time, play unique announcements and Music on Hold (MoH), log in and log out users from a queue and basic queue statistics (from the phone • E911 Support
o National E911 Routing Services (proper PSAP routing when PSTN access is centralized) o 911 Device Tracking Services
o 911 On-Site Notification Services
Attachment B
1.1.2 Instant messaging/ Presence ― Solutions that allow communication over the Internet Protocol, within the enterprise, and remotely, as well as with guest users that offers quick transmission of textbased messages from sender to receiver. In push mode between two or more people using personal computers, Desktop (Windows/Mac/VDI/Linux), Mobile/Smartphone, Tablet, along with shared clients, instant messaging basically offers real-time direct written language-based online chat. Instant messaging may also provide video calling, file sharing, PC-to-PC voice calling and PC-to-regular-phone calling. • IM Persistency / Workstream Collab
• File Sharing Services, Desktop Sharing Services
1.1.3 Unified messaging ― Integration of different electronic messaging and communications media (e-mail, SMS, Fax, voicemail, video messaging, etc.) technologies into a single interface, accessible from a variety of different devices.
• Ability to access and manage voice messages in a variety of ways, using email inbox, Web browser, desktop client, VoIP phone, or mobile phone
• Visual Voicemail Support (Optional)
• ASR / Transcription Services for recorded messages
1.1.4 Contact Center ― A computer-based system that provides call and contact routing for highvolume telephony transactions, with specialist answering “agent” stations and a sophisticated real-time contact management system. The definition includes all contact center systems that provide inbound contact handling capabilities, outbound call/contact center and automatic contact distribution, combined with a high degree of sophistication in terms of dynamic contact traffic routing management.
1.1.5 Communications End Points and Applications
• Attendant Consoles (Telephone Station)
• IP Phones (desktop devices and accessories)
• Room Based Conferencing Endpoints (Conf Phones, SparkBoard, JamBoard, Surface Hub)
1.1.6 UC Network Monitoring ― Provides end-to-end service management for Unified Communications. Capabilities include testing, performance monitoring, configuration management, accounting/billing, analytics (capacity planning), contact center specialized reports (utilization, queue KIIs, call abandonment rations, etc.), and business intelligence reporting.
1.1.7 Collaboration ― Voice, video, workstream collaboration, and web conferencing; messaging; mobile applications; and enterprise social software. Doesn’t include the audio visional software or hardware.
1.1.8 Collaborative Video ― A set of immersive video technologiesthat enable people to feel or appear as if they were present in a location that they are not physically in. Immersive video consists of a multiple codec video system, where each meeting attendee uses an immersive video room to “dial in” and can see/talk to every other member on a screen (or screens) as if they were in the same room and provides call control that enables intelligent video bandwidth management.
1.1.9 Content Delivery Systems (CDS) ― A large distributed system of servers deployed in multiple data centers connected by the Internet. The purpose of the content delivery system is to serve content to a
Attachment B
very large number of end-users (i.e., quarterly all hands meetings/webinar) with high availability and high performance. CDSs serve content over the Internet, including web objects (text, graphics, URLs, and scripts), downloadable objects (media files, software, documents), applications (e-commerce, portals), live streaming media, on-demand streaming media, and social networks.
Category 1.2: NETWORKING
1.2.1 Network Application Services.
Application networking solutions and technologies that enable the successful and secure delivery of applications to local, remote, and branch-office users using technology to accelerate, secure, and increase availability of both application traffic and computing resources.
1.2.1.1 Virtualized Load Balancers ― Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include:
• SSL (Secure Sockets Layer) Off-loading
• Caching capabilities
• Layer 4 Load Balancing
• Layer 7 Load Balancing
• Detailed Reporting
• Supports multiple load balancers in the same system for multiple groups • Supports TLS1.2
1.2.1.2 WAN Optimization ― An appliance utilizing a collection of techniques for increasing data-transfer efficiencies across wide-area networks (WAN). Capabilities should include:
• CIFS (Common Internet File System) acceleration
• Data Compression
• SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility
• Application Specific optimization
• Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages).
1.2.2 Networking Software.
Software that runs on a server, or within the Cloud, and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow transfer of data among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include:
• Restartable Process
• High availability options
• Targeted operating systems, i.e. DC, campus, core, wan, etc. • Operating System Efficiencies
Attachment B
• Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages).
1.2.2.1 Network Management and Automation ― Software products and solutions for network automation, cloud computing, and IT systems management.
1.2.2.2 Data Center Management and Automation ― Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure.
1.2.2.3 Cloud Portal and Automation ― Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources.
1.2.2.4 Branch Office Management and Automation ― Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, and WAN performance monitoring.
1.2.3 Network Optimization and Acceleration.
Devices and tools for increasing data-transfer efficiencies across wide-area networks.
1.2.3.1 Data Analytics ― Appliance for improving network management by more effectively factoring in issues related to congestion, such as utilization, service consumption and routing. Provides real-time insights into network traffic to determine the value of different portions of that traffic.
1.2.3.2 Dynamic Load Balancing (Network Traffic Management) ― An appliance that performs a series of checks and calculations to determine which server can best service each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole.
1.2.3.3 WAN Acceleration ― Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include:
• CIFS acceleration
• Data Compression
• SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility
• Application Specific optimization
1.2.3.4 High Availability and Redundancy ― Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster.
1.2.4 Optical Networking.
High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services.
1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches ― Switches used in systems designed for long haul and ultra long-haul optical networking applications.
Attachment B
1.2.4.2 Edge Optical Switches ― Provide entry points into the enterprise or service provider core networks.
1.2.4.3 Optical Network Management ― Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation.
1.2.4.4 IP over DWDM (IPoDWDM) ― A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network).
Category 1.3: ROUTERS, SWITCHES, SECURITY, AND NETWORKING STORAGE
1.3.1 Routers.
A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet.
1.3.1.1 Branch Routers ― A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc.
1.3.1.2 Network Edge Routers ― A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks.
1.3.1.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS).
1.3.1.4 Service Aggregation Routers ― Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive integrated data, voice and video business and consumer services.
1.3.1.5 Carrier Ethernet Routers ― High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS).
1.3.2 Security.
1.3.2.1 Data Center and Virtualization Security Products and Appliances ― Products designed to protect high-value data and data center resources with threat defense and policy control.
1.3.2.2 Intrusion Detection/Protection and Firewall Appliances ― Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGFW), which offer a wire-speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide:
Attachment B
• Non-disruptive in-line bump-in-the-wire configuration • Standard first-generation firewall capabilities, e.g., network-address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. • Application awareness, full stack visibility and granular control • Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists, white lists, etc.
• Upgrade path to include future information feeds and security threats • SSL decryption to enable identifying undesirable encrypted applications (Optional)
1.3.2.3 Logging Appliances and Analysis Tools ― Solutions utilized to collect, classify, analyze, and securely store log messages.
1.3.2.4 Secure Edge and Branch Integrated Security Products ― Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers.
1.3.2.5 Secure Mobility Products ― Delivers secure, scalable access to corporate applications across multiple mobile devices.
1.3.2.6 Encryption Appliances ― A network security device that applies crypto services at the network transfer layer - above the data link level, but below the application level.
1.3.2.7 On-premise and Cloud-based services for Network Communications Integrity ― Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. This could include cloud access security brokers (CASBs) and DNS security.
1.3.2.8 Secure Access ― Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include:
• Management visibility for device access
• Self-service on-boarding
• Centralized policy enforcement
• Differentiated access and services
• Device Management
1.3.3 Storage Networking.
High-speed network of shared storage devices connecting different types of storage devices with data servers.
1.3.3.1 Director Class SAN (Storage Area Network) Switches and Modules ― A scalable, highperformance, and protocol-independent designed primarily to fulfill the role of core switch in a core-edge Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high-performance foundation for private cloud storage and highly virtualized environments.
1.3.3.2 Fabric and Blade Server Switches ― A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core
Attachment B
component of most SANs. The fabric is a network of Fibre Channel devices, which allows many-to-many communication, device name lookup, security, and redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes.
1.3.3.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management ― Management tools to provisions, monitors, troubleshoot, and administers SANs and VSANs.
1.3.3.4 SAN Optimization ― Tools to help optimize and secure SAN performance (ie. Encryption of dataat-rest, data migration, capacity optimization, data reduction, etc.
1.3.4: Switches.
Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them.
1.3.4.1 Campus LAN – Access Switches ― Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support:
1. Security
a. SSHv2 (Secure Shell Version 2)
b. 802.1X (Port Based Network Access Control)
c. Port Security
d. DHCP (Dynamic Host Configuration Protocol) Snooping
2. VLANs
3. Fast Ethernet/Gigabit Ethernet
4. PoE (Power over Ethernet)
5. link aggregation
6. 10 Gb support
7. Port mirroring
8. Span Taps
9. Support of IPv6 and IPv4
10. Standards-based rapid spanning tree
11. Netflow Support (Optional).
1.3.4.2 Campus LAN – Core Switches ― Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide:
• High bandwidth
• Low latency
• Hot swappable power supplies and fans
• Security
o SSHv2
o MacSec encryption
o Role-Based Access Control Lists (ACL)
• Support of IPv6 and IPv4
• 1/10/40/100 Gbps support
Attachment B
• IGP (Interior Gateway Protocol) routing
• EGP (Exterior Gateway Protocol) routing
• VPLS (Virtual Private LAN Service) Support
• VRRP (Virtual Router Redundancy Protocol) Support
• Netflow Support.
1.3.4.3 Campus Distribution Switches ― Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter-VLAN routing functions so that one VLAN can communicate with another on the network.
Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLs).
• High bandwidth
• Low latency
• Hot swappable power supplies and fans
• Security (SSHv2 and/or 802.1X)
• Support of IPv6 and IPv4
• Jumbo Frames Support
• Dynamic Trunking Protocol (DTP)
• Per-VLAN Rapid Spanning Tree (PVRST+)
• Switch-port auto recovery
• NetFlow Support or equivalent
1.3.4.4 Data Center Switches ― Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs) a minimum of 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include:
• High bandwidth
• Low latency
• Hot swappable power supplies and fans
• Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardwarebased Inter-Switch Link (ISL) trunking • Load Balancing across Trunk group able to use packet based load balancing scheme • Bridging of Fibre Channel SANs and Ethernet fabrics
• Jumbo Frame Support
• Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member
• Ability to remotely disable and enable individual ports • Support NetFlow or equivalent
1.3.4.5 Software Defined Networks (SDN) ― An application in SDN that manages flow control to enable intelligent networking.
Attachment B
1.3.4.6 Software Defined Networks (SDN) - Virtualized Switches and Routers ― Technology utilized to support software manipulation of hardware for specific use cases.
1.3.4.7 Software Defined Networks (SDN) ― Controllers - is an application in software-defined networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic.
1.3.4.8 Carrier Aggregation Switches ― Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches’ major characteristics are:
• Designed for Metro Ethernet networks
• Designed for video and other high bandwidth applications • Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include:
• Redundant Processors
• Redundant Power
• IPv4 and IPv6 unicast and multicast
• High bandwidth
• Low latency
• Hot swappable power supplies and fans
• MPLS (Multiprotocol Label Switching)
• BGP (Border Gateway Protocol)
• Software router virtualization and/or multiple routing tables • Policy based routing
• Layer 2 functionality
o Per VLAN Spanning Tree
o Rapid Spanning Tree
o VLAN IDs up to 4096
o Layer 2 Class of Service (IEEE 802.1p)
o Link Aggregation Control Protocol (LACP)
o QinQ (IEEE 802.1ad)
1.3.4.9 Carrier Ethernet Access Switches ― A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. • Hot-swappable and field-replaceable integrated power supply and fan tray • AC or DC power supply with minimum DC input ranging from 18V to 32 VDC and 36V to 72 VDC • Ethernet and console port for manageability
• SD flash card slot for additional external storage
• Stratum 3 network clock
• Line-rate performance with a minimum of 62-million packets per second (MPPS) forwarding rate
Attachment B
• Support for dying gasp on loss of power
• Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for Device Object Model (DOM)
• Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications
• Support for Synchronous Ethernet (SyncE) services
• Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic-shaping policies • Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence Category 1.4: WIRELESS.
Provides connectivity to wireless devices within a limited geographic area. System capabilities should include:
• Redundancy and automatic failover
• IPv6 compatibility
• NTP Support
1.4.1 Access Points ― A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include:
• 802.11a/b/g/n
• 802.11n
• 802.11ac
• Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture)
• UL2043 plenum rated for safe mounting in a variety of indoor environments • Support AES-CCMP (128-bit)
• Provides real-time wireless intrusion monitoring and detection
1.4.2 Outdoor Wireless Access Points ― Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include:
• Flexible Deployment Options
• Provides real-time wireless intrusion monitoring and detection • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture)
1.4.3 Wireless LAN Controllers ― An onsite or offsite solution utilized to manage Light-weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include:
• Ability to monitor and mitigate RF interference/self-heal • Support seamless roaming from AP to AP without requiring re-authentication • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic
Attachment B
• System encrypts all management layer traffic and passes it through a secure tunnel • Policy management of users and devices provides ability to de-authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic
1.4.4 Wireless LAN Network Services and Management ― Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include:
• Provide for redundancy and automatic failover
• Historical trend and real time performance reporting is supported • Management access to wireless network components is secured • SNMPv3 enabled
• RFC 1213 compliant
• Automatically discover wireless network components
• Capability to alert for outages and utilization threshold exceptions • Capability to support Apple’s Bonjour Protocol / mDNS • QoS / Application identification capability
1.4.5 Cloud-based services for Access Points ― Cloud-based management of campus-wide WiFi deployments and distributed multi-site networks. Capabilities include:
• Zero-touch access point provisioning
• Network-wide visibility and control
• RF optimization,
• Firmware updates
1.4.6 Mobile Device Management (MDM) ― MDM technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include:
• Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless
• Provide user and devices authentication to the network • Provide secure remote access capability
• Support 802.1x
• Network optimization for performance, scalability, and user experience Category 1.5: FACILITY MANAGEMENT, MONITORING, AND CONTROL.
Technology utilized in the management, monitoring and control of facilities. Technologies include:
a. Access control systems
b. Detection/Identification systems, such as surveillance systems, closed circuit television cameras, or IP camera networks and the associated monitoring systems.
Attachment B
c. Response systems such as alert systems, desktop monitoring systems, radios, and digital signage.
d. Building and energy controls
II. Value Added Services
For each Award Category above, the following valued services should also be available for procurement at the time of product purchase or anytime afterwards. This provided list of value added services is not intended to be exhaustive, and may be updated pursuant to the terms of the resulting Master Agreement (see main RFP document section 5.2).
2.1 Maintenance Services ― Capability to provide technical support, software maintenance, flexible hardware coverage, and smart, proactive device diagnostics for hardware.
2.2 Professional Services
a. Deployment Services
i. Survey/ Design Services ― Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment.
ii. Implementation Services ― Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. iii. Optimization ― Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer’s infrastructure, applications and service management. b. Remote Management Services ― Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis.
c. Consulting/Advisory Services ― Includes, but not limited to, assessing the availability, reliability, security and performance of Customer’s existing solutions. d. Data Communications Architectural Design Services ― Developing architectural strategies and roadmaps for transforming Customer’s existing network architecture and operations management.
e. Statement of Work (SOW) Services ― Customer-specific tasks to be accomplished and/or services to be delivered based on Customer’s business and technical requirements. f. Testing Services – Includes, but not limited to, testing the availability, reliability, security and performance of Customer’s existing solutions
2.3 Partner Services ― Provided by Contractor’s Authorized Partners/Resellers. a. Subject to Contractor’s approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the primary Contractor (OEM), Contractor is ultimately responsible for the service and performance of its Partners/ Resellers.
Customers may have the option to purchase the Services to be directly delivered by Contractor (OEM) or its certified Partners/Resellers.
Attachment B
2.4 Training ― Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement.
Attachment B.1 – Page 1 of 4
ATTACHMENT B.1
OEM EVALUATED QUALIFICATIONS
Per RFP Section 4.2, OEM Evaluated Qualifications, Offeror’s must complete this Attachment and submit it with their response.
Offeror’s who meet all mandatory minimum requirements outlined above will then be evaluated on the following items. All Offerors are required to submit a point by point response to the following items.
Provide the information requested below detailing how your organization has the ability to provide the following criteria. Do not submit a full catalog herein this section or generic literature.
Submit information specific to the characteristics listed below.
Vendor Name: [vendor input]
Information Sought Vendor Response
4.2.1. Company Profile and References
4.2.1.1 Years. Number of years in
business and number of employees.
4.2.1.2 Organizational Structure. Has
there been a recent change in
organizational structure (e.g.,
management team) or control (e.g.,
merger or acquisition) of your company?
If the answer is yes: (a) explain why the
change occurred and (b) how this change
has affected your company.
4.2.1.3 Company History. Discuss your
company’s history. Has growth been
organic, through mergers and acquisitions,
or both?
4.2.1.4 Debarment. Has bidder ever been
debarred, suspended, or disqualified from
bidding or contracting with any public
entity? If yes, provide the date, the entity,
and details about the situation.
4.2.1.5 Litigation. Provide details of all
past or pending litigation or government
action filed or claims that could affect
Respondent's performance under a
resulting master agreement. Please
provide the date of initial filing, case name
and court number, and jurisdiction.
4.2.1.6 Default. Within the last 5 years,
has your company or any of its related
business entities defaulted on a contract
or had a contract terminated for cause? If
yes, provide the date, contracting entity,
type of contract, and details about the
termination or default.
4.2.1.7 Annual Sales. State your gross
annual sales for the last 5 years. If
receiving a contract under this RFP will
increase your gross revenue by more than
25% from last year’s sales, explain how
the company will scale-up to manage this
increase.
Attachment B.1 – Page 2 of 4
4.2.1.8 Financial Statements. Provide
audited financial statements to the State
and should meet a minimum Dun and
Bradstreet (D&B) credit rating of 3A2 or
better, or a recognized equivalent rating.
Please provide the Respondent’s D&B
Number and the composite credit rating.
The State reserves the right to verify this
information. If a branch or wholly owned
subsidiary is bidding on this RFP, please
provide the D&B Number and score for the
parent company that will be financially
responsible for performance of the
agreement. Prime contractors working on
behalf of Respondents must submit
financial statements that demonstrate
financial stability, and adequate working
capital, but do not need to meet 3A2 credit
rating requirements.
[Vendor upload file named – Vendor Name 4.2.1.8 Financial Statements]
4.2.1.9 Experience & References. Describe at least 3 relevant experiences (below) from the last 5 years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.
1st Experience & Reference
Company name
Contact name
Contact role at time of project
Contact phone
Contact email
City
State
Zip
1. Project name and description of the
scope of the project
2. What role did your company play?
3. How is this project experience relevant
to the subject of this RFP?
Dollar value
Start and end date (mm/yy – mm/yy)
Status (completed, live, other – specify
phase)
Results obtained
2nd Experience & Reference
Company name
Contact name
Contact role at time of project
Contact phone
Contact email
City
State
Zip
1. Project name and description of the
scope of the project
2. What role did your company play?
3. How is this project experience relevant
to the subject of this RFP?
Dollar value
Start and end date (mm/yy – mm/yy)
Status (completed, live, other – specify
phase)
Results obtained
3rd Experience & Reference
Attachment B.1 – Page 3 of 4
Company name
Contact name
Contact role at time of project
Contact phone
Contact email
City
State
Zip
1. Project name and description of the
scope of the project
2. What role did your company play?
3. How is this project experience relevant
to the subject of this RFP?
Dollar value
Start and end date (mm/yy – mm/yy)
Status (completed, live, other – specify
phase)
Results obtained
4.2.1.10 Marketing Plan. Describe your
how you intend to market your equipment
and services to NASPO ValuePoint and
Participating Entities.
4.2.2. Ability to Supply NASPO ValuePoint Member States
4.2.2.1 Strategic Relationships. Describe
partnerships and strategic relationships
you think will bring significant value to the
resulting Master Agreement.
4.2.2.2 Reseller Program. Demonstrate
how you will provide an Effective Reseller
Program managed by the OEM (Contract
holder) in NASPO ValuePoint States.
4.2.2.3 Onboarding. Describe your
process to qualifying and onboarding
partners and sales personnel to represent
the product.
4.2.2.4 Partner Training. Any training for
partners and sales staff to ensure they
understand the terms and conditions of the
Master Agreement and individual
Participating Addenda. Does your
company provide follow-up refresher
training on a semi-annual or annual basis
for partners and sales staff.
4.2.2.5 Partner Restrictions. Describe any
restrictions you place on your partners /
resellers from selling other OEM solutions.
4.2.2.6 Proposed Partner List. Provide
your proposed list of partners in the
structure outlined in Attachment D and
which Award Categories they will service
for all States.
[Vendor upload file named – Vendor Name 4.2.2.6 Proposed Partner List]
4.2.3. Ability to Provide Technical Support to End Users
4.2.3.1 SLA. Provide your proposed
Service Level Agreement (SLA) that
includes, but is not limited to: help desk
support, response times, resolution,
downtime credits, etc.
4.2.3.2 Escalation. Describe your
escalation procedures.
4.2.3.3 End User Training. Describe your
offered training program to end users.
Attachment B.1 – Page 4 of 4
4.2.3.4 Maintenance Program. Describe
your offered maintenance program.
4.2.4. Qualifications and Technical Ability
4.2.4.1 Resume. Provide a resume, in the
format of Attachment C, for the Contract
Manager who will be assigned to this
contract, including, but not limited to the
following qualifications:
-- Minimum 2 years’ experience
in contract management with
public sector clients,
-- Minimum 2 years’ experience
in leadership roles overall, and
-- Minimum 2 years’ experience
in the Data Communications
Products and Services industry.
[Vendor upload file named – Vendor Name 4.2.4.1 Resume]
4.2.4.2 Key Personnel. Describe the key
personnel titles and descriptions your firm
will assign to service this contract. Outline
such personnel qualifications.
4.2.4.3 R&D Initiatives. Describe your
firm’s research & development (R&D)
initiatives.
4.2.5. Security
4.2.5.1 Security. Describe how your firm
ensures the security of your equipment
and services are maintained against
industry standards.
4.2.5.2 Industry Security. Describe your
firms approach in complying with industry
standards for: patching, vulnerability
testing, etc.
4.2.5.3 Vulnerabilities. Identify any known
circumstances where a vulnerability in any
of your products has resulted in a data
breach for an end user.
4.2.6. Environmental
4.2.6.1 Environmental. Describe your use
of environmentally preferable goods and
services, including post-consumer waste
and recycled content.
4.2.6.2 Product Lifecycle. Describe your
product life recycling and trade-in
program.
Attachment B.1 – Page 1 of 2
ATTACHMENT B.2
CATEGORY QUALIFICATIONS
(as amended August 23, 2018)
Per RFP Section 4.3, Category Qualifications, Offeror’s must complete this Attachment for each Product Category it is seeking an award in.
Provide the information requested below detailing how your organization has the ability to service the given Product Category. Do not submit a full catalog here in this section or generic literature. Submit information specific to the characteristics listed below. Offerors are required to submit a point by point response to the following items, for EACH Product Category Offeror is seeking an award.
Vendor Name: [vendor input]
Award Category Seeking Qualification: [vendor input]
Information Sought Vendor Response
4.3.1 Ability to meet Scope/Service Requirements of Selected Category
4.3.1.1 Scope/Service Requirements. Demonstrate
your ability to meet Scope/Service requirements for this category.
4.3.1.2 Scope Offered. Describe the scope and variety
of products offered.
4.3.1.3 Experience. Describe your experience and
technical ability as an OEM to service this category.
4.3.1.4 Warranty Program. Describe your offered
Service and Warranty Program.
4.3.1.5 Product Life Cycle. Describe your product life
cycle management.
4.3.1.6 Solution Models. Describe the models proposed
for delivering the solution (Software Defined Networks
(SDN), white boxes, etc.)
4.3.1.7 Innovation. Describe any differentiating or highly innovative features of the products and services.
4.3.2 Consumption Models
4.3.2.1 Consumption Models. Describe your offered
consumption models (i.e., purchase / CAPX model,
communication infrastructure as-a-service, etc.
4.3.3 Category Specific Security
4.3.3.1 Security Standards. Describe the security
standards your firm’s equipment and services comply
with in the industry.
4.3.3.2 3rd Party Security Assessments. Describe any
3rd party security assessments or certifications provided on your offerings.
4.3.4 Open Standards and Interoperability
Attachment B.1 – Page 2 of 2
4.3.4.1 Open Standards. Describe any open standards
of your equipment.
4.3.4.2 Cloud Security Assessments. If Offeror is
proposing a Cloud hosted solution, Offeror is to
complete, provide, and maintain a completed CSA
STAR Registry Self-Assessment1. Offeror is to submit a
completed Consensus Assessments Initiative
Questionnaire (CAIQ), Exhibit 1 to Attachment B.2.
Offeror must also represent and warrant the accuracy
and currency of the information on the completed
attachments.
[Vendor upload file named – Vendor Name 4.3.4.2
Cloud Security Assessments]
4.3.4.3 Cloud Security Alliance. If Offeror is proposing a Cloud hosted solution, describe and provide your level
of disclosure with CSA Star Registry for each Category
seeking qualification.
4.3.4.4 Interoperability. Describe the interoperability of your equipment and services to other OEMs.
4.3.5 Value Added Services
4.3.5.1 Value Added Services. Describe any additional
value added services you offer under this Award
Category.
4.3.5.2 IoT Solutions. Describe any IoT products that
you offer under this Award Category.
4.3.5.3 Acceptance Testing / Procedures. Please
provide your acceptance and testing procedures
available to Purchasing Entities for this Category.
Provide your standard of performance for this Category.
1 CSA STAR Self-Assessment documents the security controls provided by an Offeror’s offerings, thereby helping Purchasing Entities assess the security of an Offeror, if awarded a Master Agreement, they currently use or are considering using.
ATTACHMENT C
CONTRACT MANAGER RESUME TEMPLATE
Vendor Name:
Proposed Resource Name:
Proposed Classification: Contract Manager
If Contract Manager is associated with
a subcontractor provide name of
company:
Percentage of time Contract Manager
will be allocated to resulting master
agreement:
Instructions: Provide the skills, experience, education, etc. that qualify the individual for the duties and responsibilities outlined in this RFP for a contract manager.
EXPERIENCE & QUALIFICATIONS
The experience requirements detailed in the RFP are restated as follows:
Required Skills Bidder’s Response
Minimum 2 years’ experience in
contract management with public
sector clients.
Does Contract Manager have this required skill: Yes or No Describe your skills and experience:
Name of project(s) and year(s) experience was obtained:
Minimum 2 years’ experience in
leadership roles overall, and
Does Contract Manager have this required skill: Yes or No Description of skills and experience:
Name of project(s) and year(s) experience was obtained:
Minimum 2 years’ experience in
the Data Communications
Products and Services industry.
Does Contract Manager have this required skill: Yes or No Description of skills and experience:
Name of project(s) and year(s) experience was obtained:
ADDITIONAL SKILLS
Describe any other relevant experiences that qualify your contract manager to perform the responsibilities under this contract:
ATTACHMENT C
CONTRACT MANAGER RESUME TEMPLATE
List client references for work performed to meet the requirements stated above, and all projects the proposed Contract Manager has worked on in the last three (3) years. A minimum of three (3) references are required. By submission of this information, the bidder and identified key person authorize the State of Utah to contact references and previous employers provided to verify the accuracy of the information.
Provide the identified information for each:
Start Date: date started on project End Date: date rolled off project Client/Project: Client, with contact information (i.e.: address, phone #s , and email address), and project name
Employer: identify employer at the time of experience
Title/Percentage of time: title of role on project and percentage of time spent on project Description: brief description of responsibilities for the project. Include software version Start Date: End Date:
Client/Project:
Employer:
Title/Percentage of time:
Description:
Start Date: End Date:
Client/Project:
Employer:
Title/Percentage of time:
Description:
EDUCATION
Education
Degree (i.e. PhD,
Master’s, Bachelors)
Example: Master in Engineering Year Completed: 1998
Program Major(s) area of study: Computer Science
University
Additional Education
Degree (i.e. PhD,
Master’s, Bachelors)
Example: Bachelors’ in Business
Administration
Year Completed: 1994
Program Major(s) area of study:
Example: Management
Minor area of study: Example:
Economics
University
CERTIFICATIONS / AFFILIATIONS – Provide any relevant certifications or affiliations the Contract Manager may have.
Certifications/Affiliations
Name
Topic/Description
Date completed
The Bidder must submit a letter of commitment for Key Personnel, signed by the identified resource, stating their commitment to work for the bidder/subcontractor on this project contingent on award of the bid.
Vendor Name:
Fulfillment Partner Company Name Partner Address Partner City, State & Zip State Participation Diverse Business
Participation States (see
section 1.11)
Award Categories
Servicing Sales POC Name Sales Email Sales Phone website Example ‐ Utah Inc. 453 E. State Street Salt Lake City, UT 84115 UT, HI, NV None Routers, Switches, IoTs John Doe [email protected] 801‐123‐4567 www.abccompany.com Example ‐ Florida Inc. 453 E. State Street Salt Lake City, FL 84115 FL, GA FL, GA Routers, IoTs John Doe [email protected] 801‐123‐4567 www.abccompany.com Attachment D ‐ Partner List Template
Solicitation # SK18001
Vendor Name
Section 1: Instructions
Category 1.1 Unified Communications (UC) 0.00%
Hardware and Software (on premise)
Cloud Services
Service Packages (i.e., Maintenance, etc.)
Category 1.2 Networking 0.00%
Hardware and Software (on premise)
Cloud Services
Service Packages (i.e., Maintenance, etc.)
Category 1.3 Routers, Switches, Secuirty, and Networking Storage 0.00% Hardware and Software (on premise)
Cloud Services
Service Packages (i.e., Maintenance, etc.)
Category 1.4 Wireless 0.00%
Hardware and Software (on premise)
Cloud Services
Service Packages (i.e., Maintenance, etc.)
Category 1.5 Facility Management, Monitoring, and Control 0.00% Hardware and Software (on premise)
Cloud Services
Service Packages (i.e., Maintenance, etc.)
Provide the title, job description for each title, and associated hourly rate. Add additional rows as necessary.
Title Job Description Onsite Remote Onsite Remote Onsite Remote Maintenance Services
Professional Services
Deployment Services
Consulting Advisory Services
Architectural Design Services
Statement of Work Services
Partner Services
Training Deployment Services
[add any additional Value Added Services]
[add any additional Value Added Services]
[add any additional Value Added Services]
[add any additional Value Added Services]
Weekday
Hourly Rates
Section 3: Value Added Services
Attachment E Cost Proposal Form (amended 8.9.2018)
Solicitation # SK18001
Weekend State Holiday
1. Offeror shall provide a Minimum Discount % within Section 2 for each Category it is seeking an award in. A vendor will be deemed non‐responsive for any Category that it does not provide a Minimum Discount % of at least greater than 0%.
6. Within Section 3, provide the rates for those Value Added Services Offeror is seeking to offer under the resulting contract. Within the Job Description field, provide the role this position fills, and what is included within the proposed rate.
4. The Minimum Discount % provided herein shall apply to all offerings in a given category.
5. In a separate document, provide a detailed product offering for each Category Offeror is seeking an award in. Title this document ‐ Solicitation # Vendor Name ‐ Detailed Product Offering. Offeror's proposed Minimum Discount % for a given Category must be reflected on all offerings within this offered catalog.
Section 2: Minimum Discount % off List
3. The offered Minimum Discount % off must be guaranteed for the full duration of the Contract term.
2. If you are not seeking an award in a given Category, simply provide NA in the Minimum Discount % field.
DRAFT: This document is intended to be a draft and should not be returned to the Division of Purchasing. Please return this document to the evaluation committee chairperson This document is not subject to GRAMA pursuant to Utah Administrative Code R33‐7‐702(2).
Score will be assigned as follows:
2 = Unsatisfactory, the proposal addresses the requirements or criteria in the RFP unsatisfac 3 = Satisfactory, the proposal addresses all requirements or criteria in the RFP satisfactorily. 4 = Good, the proposal addresses all requirements or criteria in the RFP and may exceed som 5 = Excellent, the proposal addresses all requirements in the RFP and exceeds them.
RFP Section
Evaluation
(Pass/Fail)
1 SciQuest: Questions >
Acknowledgements
2 4.1.1
3 4.1.2
4 4.1.3
5 4.1.4
6 4.1.5
7 4.1.6
RFP Section
Evaluator
Score (1‐5)
Criteria
Weight
% of Tech
Criteria
Points
Possible
Points
Earned
Minimum
Required
1 4.2.1 10 20.0% 50.0 0.0
2 4.2.2 10 20.0% 50.0 0.0
3 4.2.3 10 20.0% 50.0 0.0
4 4.2.4 5 10.0% 25.0 0.0
5 4.2.5 10 20.0% 50.0 0.0
6 4.2.6 5 10.0% 25.0 0.0
100.0% 250.0 0.0 0.0
RFP Section Min Percent
Min Points
Required
Points
Earned
Percent
Earned
Evaluation
65% 162.5 0.0 0.0%
RFP Section
Evaluator
Score (1‐5)
Criteria
Weight
% of Tech
Criteria
Points
Possible
Points
Earned
Minimum
Required
1 4.3.1 20 40.0% 100.0 0.0
2 4.3.2 5 10.0% 25.0 0.0
3 4.3.3 10 20.0% 50.0 0.0
4 4.3.4 10 20.0% 50.0 0.0
5 4.3.5 5 10.0% 25.0 0.0
100.0% 250.0 0.0 0.0
RFP Section Min Percent
Min Points
Required
Points
Earned
Percent
Earned
Evaluation
70% 175.0 0.0 0.0%
RFP Section
Low Cost
Option
Offered
Cost
Percent of
Total
Points
Possible Points Earned
25% 166.7 0.0
Percent of Total Points Possible
Points
Earned
38% 250.0 0.0
38% 250.0 0.0
25% 166.7 0.0
100% 666.7 0.0
Attachment F - Interactive Scorecard
Data Communications Products and Services
SOLICITATION # SK18001
1 = Fail, the proposal fails to address some or all of the requirements; fails to accurately address some or all of the requirements, or fails to demonstrate they can perform.
Stage 3: Category Evaluation (Per Category)
Ability to meet Scope/Service Requirements of Selected Category Evaluation of Proposals
Proposed Categories
Total Evaluation Points
Stage 4: Cost Evaluation Points
Stage 2: OEM Evaluated Qualifications
Total Evaluation Points
Category Specific Security
Open Standards and Interoperability
Value Added Services
Stage 3: Required Technical Point Threshold
Stage 3: Category Evaluation
Security
* Purchasing will use the following cost formula: The points assigned to each offerors cost proposal will be as outlined in section 3.2 "Final Stage: Cost Proposal Evaluation".
RFP Development
Credit Rating
Stage 2: Required Technical Point Threshold
Stage 4: Cost Proposal Evaluation
Stage 2: OEM Evaluated Qualifications
Consumption Models
Environmental
Date:
Stage 1: Minimum Mandatory Requirements
Delivery
RFP EVALUATION SCORESHEET
Qualifications and Technical Ability
Acknowledgement of Amendments
Company Profile and References
Ability to Supply NASPO ValuePoint Member States
OEMs Only
Ability to Provide Technical Support to End Users
Firm Name:
Evaluator:
SK18001 Interactive Scorecard Page 1 of 1 Page 134 of 405
CLAIM OF BUSINESS CONFIDENTIALITY
Pursuant to Utah Code Annotated, Subsections 63G-2-305(1) and (2), and in accordance with Section 63G-2-309, (company name) asserts a claim of business confidentiality to protect the following information submitted as part of this solicitation. Pricing/Cost Proposals may not be classified as confidential or protected and will be considered public information. An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”.
Non-public financial statements
Specific employee name and contact information
Specific customer information, client lists, or subscription lists Other (specify):
This claim is asserted because this information requires protection as it includes:
trade secrets as defined in Utah Code Annotated Section 13-24-2 ("Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy).
commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; [and] (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access.
This statement of reasons supporting the claim of business confidentiality applies to the following information in this proposal:
Page Paragraph Reason
Please use additional sheets if needed.
You will be notified if a record claimed to be protected herein under Utah Code Annotated § 63G-2-305(1) or (2) is classified public or if the governmental entity determines that the record should be released after weighing interests under Utah Code Annotated § 63G-2-201(5)(b) or Utah Code Annotated § 63G-2-401(6). See Utah Code Annotated § 63G-2-309.
Signed:
On behalf of (company):
Date:
(Revision 6/4/2015)
Attachment H: NASPO ValuePoint Cooperative Contract Detailed Sales Report Contractor: Quarter:
Vendor Name
Vendor
Contract
Number State
Customer
Type Bill to Name
Bill to
Address Bill to City
Bill to
Zipcode
Ship to
Name
Ship to
Address Ship to City
Ship to
Zipcode
Order
Number
Customer
PO Number
Customer
Number Order Type PO Date Ship Date
Invoice
Date
Invoice
Number
Awarded
Category #
Product
Number
Product
Description
UNSPSC
Commodity
List
Price/MSRP
NASPO
ValuePoint
Price Quantity Total Price Admin Fee
VAR/Reseller/Partn
er/Distributor
NAME
Energy Star
Compliant
Yes‐1 No‐2
NA‐0
No Quarterly Sales
Attachment I: Intent to Participate
States with an Intent to Participate. The States listed below have submitted and signed the Intent to Participate form to the State of Utah under this Data Communications Products and Services RFP (solicitation # SK18001). Some of these States have attached additional information, including state specific terms and conditions that need to be posted as part of this RFP. The below listed States reserve the right to modify the terms and conditions of any awarded Master Agreement in a Participating Addendum.
California Colorado
Florida Hawaii
Illinois Louisiana
Michigan Montana
New Jersey South Dakota
Utah Washington
Amended into RFP After Release
Minnesota Maryland
Oregon
Attachment I - Page 1 of 79