SERIAL 16154-RFP
2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, st rippers, polishes, vacuums, brooms, mops, buckets, gloves, carts, paper goods, and all ancillary supplies, tools, and components.
2.3.7 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, insect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancillary supplies, tools, an components.
2.3.8 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, m otor controls, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaner s, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, shower doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.12 CATEGORY 12: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.13 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.14 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile, hardwood, carpet tile, carpet and cove base; b linds, shades, screens, window glass, mirrors, parts, and all ancillary supplies, tools, and components.
SERIAL 16154-RFP
2.3.15 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, guest room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.16 CATEGORY 16: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection sy stems, flow metering, gauges, grounds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.17 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: s helving (metal or wood composite), safety and emergency equipment, first aid supplies, conditioning salt, scaffolding (purchased), packaging supplies, communication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.18 CATEGORY 18: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special ord ers, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractor’s limited product line (Wholesale or Retail) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
2.4.2.1 Retail Stores (Point of Sale)
2.4.2.2 Internet (Homedepot.com )
2.4.2.3 Other eProcurement options
2.4.2.4 Will Call (Phone or FAX order)
2.5 PRODUCT PRICING:
Retail:
Products shall be sold at their retail price. An annual volume rebate will be paid to Participating Public Agencies (see Exhibit A ). For any purchase ov er $1,500, more aggressive pricing may be available through the Volume Pricing Program. The discount offered through this program will depend on dollar value, quantity and type of material. In addition, the Pro Rewards Paint program offers Participating Pu blic Agencies further discounts on their paint only purchases (see Exhibit A).
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, t he capability exists to access a limited on-line catalog reflecting contract pricing of products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided.
SERIAL 16154-RFP
2.7.2 All quotations shall be for a “not to exceed” amount.
2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations.
2.7.4 Spending on services shall be included in the annual volume rebate (see Exhibit A).
2.8 SALES REPORTING:
2.8.1 Sales Dollars
2.8.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.8.3 Procurement card (MasterCard or Visa brand)
2.9 BRAND NAMES:
The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. . Materials substantially equivalent to those designated shall qualify for consideration of an order.
2.10 DELIVERY, FREIGHT REQUIREMENTS:
2.10.1 All domestic ground shipments shall be FOB Dest ination, Freight Prepaid and Included .
Any handling fees shall also be included in the pricing.
2.10.2 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.10.3 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.10.4 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.10.4.1 Contract Serial number
2.10.4.2 Contractor’s name and address
2.10.4.3 Participating Public Agency’s name and address
2.10.4.4 Participating Public Agency’s purchase order number
2.10.4.5 A description of product(s) shipped, including item number(s), quantity (is), number of containers and package number(s), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations for those items requested to be delivered. Delivery charges may apply based on location.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of all equipment in a complete operating condition.
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3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Agreement. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of replacement personnel. . Unde r no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor.
3.5.2 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations.
3.5.3 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 WARRANTY:
Home Depot SOW Information: All repair and renovation services performed by Home Depot carries a one (1) year workmanship warranty and all manufacturers’ product warranties shall be passed on to the end customer as further detailed in Contract section 6.5. Home Depot also offers a robust return policy on product purchases, whereas (most) returns within 90 days of purchase are accommodated with a valid sales receipt for exchange, refund, credited to an associated Home Depot
3.6.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship.
3.6.2 The warranty period for workmanship shall be for an initial period of twelve (12) months and commence upon acceptance by County.
3.6.2.1 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repa ir or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations.
3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY (if required):
The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the products . Minimum service hours shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon re quest deli neating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 Contractor shall provide 24 hours per da y, 7 days per week, 365 days per year telephone access, and strive to respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on -site within four (4) hours of receipt of a service request if a site visit is mutually determined to be required.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall strive to respond on-site within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY if a site visit is mutually determined to be required.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arri ves onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not au thorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
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4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name that may include one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.4.4 Badging that identifies the business they work for
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re -key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty- four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.0 Once the Purcha se Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the con tractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre- approved contractor salvage rights shall be securely stored and are not to be transported off the site without wri tten permission from Maricopa County.
If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
SERIAL 16154-RFP
7.0 INVOICES AND PAYMENTS:
For transactions using a Home Depot Net 30 Account, Invoices are required to contain the following information and should be e-mailed to [email protected] If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003 – or to the address that was used in establishing the associated Home Depot Account.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information
7.3 Building Name and Building Number
7.4 County purchase order number
7.5 County contract number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark -ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms
For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one- time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No C ontractor employee may access County property without approval of FMD.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and use best efforts to respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on -site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day, as mutually agreed to by the Parties.
2.4 Contractors shall strive to respond to EMERGENCY requests immediately and report on - site to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $50.00, or other amount only if previously identified to the Maricopa County contact and agreed to by them (one per work order), are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
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4.0 DEAD END CHARGE:
If the Contractor is unable to locate a County representative familiar with the work or is unable to gain access to the work site, the Contractor shall call the County Boiler Room (602- 506-3310). The Boiler Room technician will give Contractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to e fficiently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repai r parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor f ailed to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty -four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County res erves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html
.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work.
5.7 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles, or consistent with the Contractor’s busi ness practices. The letters shall be of such size that they are distinguishable from a reasonable distance or consistent with the Contractor’s business practices.
5.8 All employees of the Contractor shall wear a company uniform identified with the company name that may include of one of the following:
• Shirt/blouse
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• Vest
• Cap
5.9 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family member s, assistants, or any other person unless said person is an authorized employee of the Contractor.
5.10 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulatio ns, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, po licy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non- compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn -in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case -by-case basis. S hould an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty -four (24) hours if any keys, badges , or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this agreement is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re -keying the ENTIRE building at the expense of the Contractor.
7.0 CANCELLATION COST:
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County will be rescheduled with the Contractor and is subject up-to a 25% reduction of the cost.
8.0 SALVAGE:
Salvage and trade-in rights shall be evaluated on a project -by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On -site storage of Contractor’s salvaged materials is not permitted.
SERIAL 16154-RFP
9.0 DELIVERY:
9.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7 th) calendar day after order is received.
9.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
9.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor.
9.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
10.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
10.1 Payment terms shall be calculated based on the date a properly completed invoice is received by the County.
10.2 For transactions using a Home Depot Net 30 Account, Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
10.3 Home Depot Account invoices should contain access to the following information:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied
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• Payment Terms as stated in the agreement
10.4 Questions regarding billing or invoicing shall be directed to the email address below.
10.5 Invoices shall be e-mailed to: [email protected]
10.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
10.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors ).
10.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
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HOME DEPOT U.S.A., INC., PO BOX 193176, COLUMBUS OH 43218 2455 PACES FERRY ROAD, ATLANTA, GA. 30339
PRICING SHEET: NIGP CODE 45041
Terms: NET 30
Vendor Number: VC0000005735
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026.
C
ITY OF MONTEBELLO
AM
ENDMENT NO. 1 TO AGREEMENT NO. 4412 – PROFESSIONAL SERVICES
AGREEMENT WITH
HOME DEPOT U.S.A., INC.
Attachment B
SERIA
L 16154 RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
(U.S. Communities) Contract - Home Depot U.S.A., Inc.
DAT
E OF LAST REVISION: November 21, 2019 CONTRACT END DATE: December 31, 2026 CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026
TO: All D
epartments
FROM
: Office of Procurement Services
SUBJ
ECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
Att
ached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17).
All
purchases of products and/or services li sted on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
SA/mm
A
ttach
Copy
to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management
CONTRACT PURSUANT TO RFP
SERIAL 16154-RFP
This Contract is entered into this 11th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Home Depot U.S.A., Inc., a Delaware corporation (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Five (5) years, beginning on the 1st day of February, 2017 and ending the 31st day of December, 2021 2026.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month -to-month bases fo r a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term , or any additional term thereafter.
1.3 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee or rebate offering adjustment must be submitted sixty (60) days prior to the current Contract expiration. Re quests for adjustment in cost of labor and/or materials not identified in the awarded proposal must be supported by appropriate documentation. If County agrees to the adjusted fee or rebate offering , County shall issue written approval of the change.
The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey if the offering was awarded on a fixed price basis.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order.
3.2 For non- procurement card transactions, Payment shall be made upon the County’s receipt of a properly completed invoice.
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3.3 INVOICES (NON-PROCUREMENT CARD TRANSACTIONS):
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide access to the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number or
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
3.3.6 Invoices are required to contain access to the following information: (Maricopa County Facilities Management)
• Company name, address and contact
• County bill-to name and contact information
• Building Name and Building Number
• Contract Serial Number or
• County purchase order number
• Maximo (FMD) service call number
• Invoice number and date
• Date of service or delivery
• Description of Purchase (services performed)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time
• Total Amount Due
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3.3.7 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.8 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.9 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx
).
3.3.10 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance de livery capabilities with their designated financial institution for access to those details.
3.4 PAYMENT RETENTION: (By Task Order/Project if required)
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under this agreement may be retained by COUNTY until Final Completion of the services if mutually agreed to for a specific project .
COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall reten tion be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account.
3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Application for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obtain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemploym ent compensation insurance, Social Security and Worker’s Compensation.
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3.6 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.
No tax shall b e invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price.
3.7 TAX (COMMODITIES):
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
Tax shall not be invoiced against Contractor’s labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K -12 unified school districts. Under the $AVE Cooperative Purchasing Agreement , and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.
3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract
3.10 VOLUNTARY EMPLOYEE DISCOUNTS
3.10.1 Vendors may volun tarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation.
3.10.2 Any di scount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee.
If a discount is offered, the terms will be announced to County employees.
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.
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4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least te n (10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B” , Task Order or as otherwise directed in writing by the Procurement Officer.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligence or willful misconduct relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction o f tangible property, including loss of use resulting there from, caused by gross negligence or willful misconduct in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
The amount and type of insurance coverage requi rements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
CONTRACTOR WILL NOT BE LIABLE TO COUNTY FOR CONSEQUENTIAL D AMAGES,
INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, LIQUIDATED, EXEMPLARY, MORAL, OR CONSEQUENTIAL DAMAGES,
EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
6.2 INSURANCE.
6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rati ng of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The f orm of any insurance policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily
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completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self -insured retentions. Such deductible and/or self -insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self -insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self -insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have the right to self -insure part or all of any of the insurance it is required to maintain hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not less than One Hundred Million ($100,000,000) Dollars. Such net worth shall be documented to COUNTY and COUNTY shall be advised in writing in the event such net worth requirement is not met. In the event that CONTRACTOR elects to self-insure all or any part of any risk that would be insured under the policies and limits described herein, and an event occurs where insurance proceeds would have been available but for the election to self -insure, CONTRACTOR shall make funds available to the same extent that they would have been available had such insurance policy been carried, unless specifically provided to the contrary herein.
6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of tran sfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service.
6.2.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverag e for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary , Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non -owned vehicles assigned to or used in performance o f the Contractor’s work or services or use or maintenance of the Premises under this Contract.
6.2.10 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract ; and Employer’s Liability insurance of not less than
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$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor , its contractors and its subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.
6.2.12 Builder’s Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than COUNTY has an insurable int erest in the property required to be covered, whichever is earlier. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub ‐subcontractors in the work during the life of the Contract and course of construction, and shal l continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation constructi on projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise required by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builders’ Risk insurance must provide coverage from the time any covered property co mes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and w hile on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self ‐insurance maintained by t he County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. Alte rnatively the County will accept an insurance industry recognized Memorandum of Insurance
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6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior wri tten notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4 th Avenue 320 West Lincoln Street , Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.
6.3 BOND REQUIREMENT: (If required by an individual Project/Task Order)
6.3.1 If requested for an individual Order and c oncurrently with the submittal of the proposal associated with the Order , the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor
6.3.1.1 A Performance Bond equal to the full Contract amount ($________or as specified) conditioned upon the faithful performance of the Order in accordance with plans, specifications an d conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Order.
6.3.1.2 A Payment Bond equal to the full contract amount ($________or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Order.
6.3.2 Each such b ond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies h olding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptab le to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best -A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events,
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occurrences, or causes will include Acts of God/Nature (including fire, flood , earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform a nd particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.
6.4.3 The party asserting Force Majeure as a cause for non -performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non -excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non -performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:
6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein for one year following the performance of those services . Services corrected by the Contract or shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.
6.5.3 DISCLAIMER OF WARRANTIES FOR PRODUCTS. COUNTY’S SOLE AND
EXCLUSIVE WARRANTY FOR PRODUCTS, IF ANY, IS THAT PROVIDED BY THE PRODUCT MANUFACTURER. CONTRACTOR DISCLAIMS ALL
EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, WHETHER IMPLIED
BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LANGUAGE OF THIS
PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Comp lete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called f or by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If prior to completion of an Order any of the services requ ired by that Order do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may:
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6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If the Contractor fails to promptly perform the services again as provided in Section 6.6.3 or to take the necessary action to ensure future performance in conformity with Contract requirements, County may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor , through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It on ly indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County . Orders will only be place d when the County identifies a need and proper authorization and documentation have been approved.
6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in respo nse to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
6.8 BACKGROUND CHECK:
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub -contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.
6.9 SUSPENSION OF WORK
The Procurement Officer may order the Contractor, in writing, to suspend, delay, o r interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
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6.10 STOP WORK ORDER
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any furth er period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop- work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either—
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.
6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:
6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;
6.12.2 Make progress, so as to endanger performance of this contract; or
6.12.3 Perform any of the other provisions of this contract.
6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failur e within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38 -511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38- 511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.
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6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as neces sary complete any required certification requirements , required by any and all governmental or non -governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.
6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542 -1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.15 SUBCONTRACTING:
6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. The County hereby consents to Contractor’s subcontracting work to Authorized Service Providers under contract with Contractor.
6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contrac tor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass -through the costs to the County, without mark -up. A copy of the Subc ontractor’s invoice must accompany the Prime Contractor’s invoice.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
6.17 ADDITIONS/DELETIONS OF SERVICE:
6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to t he amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.17.2 The County reserves the right of final ap proval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.
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6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of th is Contract shall not void or affect the validity of any other provision of this Contract.
6.20 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
6.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009- 09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009 -09 supersedes Executive order 99- 4 and amends Executive order 75- 5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate agains t any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2 009-09 supersedes Executive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. During the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
6.22 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.
6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;
have not within 3 -year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or S tate antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
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have not within a 3 -year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers and directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any crim inal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and
6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default.
6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.
6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors ) and in all solicitations for lower tier covered transactions related to this Contract.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41 - 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e -verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I -9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all
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employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
6.24.2 The County retains the legal righ t to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility o f the Contractor.
6.25 INFLUENCE
As prescribed in MC1 -1202 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIR EMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.
6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112 –239) and section
3.908 of the Federal Acquisition Regulation;
6.26.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contra ctor and copies provided to County upon request.
6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:
6.27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back -up documentation relevant to this Contract for six (6) years after
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final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.
6.27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back -up documentation relevan t to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.
6.27.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.
6.28 AUDIT DISALLOWANCES:
If at any time , County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.
6.29 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.
6.30 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the O ffice of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should n ot be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.
6.31 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other similar customer for these or similar services under similar terms.
6.32 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.
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6.33 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co -employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.33.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be cons trued as to create the relationship of employer and employee, co - employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.33.2 The County reserves the right of final approval on proposed staff for all Task Orders. Als o, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.34 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona
6.35 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.
6.36 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.37 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.37.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved.
6.37.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.
Contractor specifically acknowledges to be bound by this cancellation policy.
6.38 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.39 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
For purchases of $50,000 or greater under this agreement, the applicable participating entity must disclose to THD when it is receiving any federal funds related to that requested purchase prior to THD agreeing to that purchase.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be us ed by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own pro prietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination.
6.41 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.41.1 Exhibit A, Pricing;
6.41.2 Exhibit B, Scope of Work;
6.41.3 Exhibit C Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor:
Home Depot U.S.A., Inc.
2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA. 30339 Columbus, OH 43218
ATTN: Contract Administration
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EXHIBIT A
PRICING
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NIGP CODE: 45041
RESPONDENT'S NAME: Home Depot U.S.A., Inc.
COUNTY VENDOR NUMBER : W000001453
ADDRESS: 2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA 30339 Columbus OH 43218
P.O. ADDRESS: Each local The Home Depot stores
TELEPHONE NUMBER: 866-589-0690
FACSIMILE NUMBER: 866-589-0691
WEB SITE: www.homedepot.com
CONTACT (REPRESENTATIVE): Richard Nyberg
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected] YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X]
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [X]
PAYMENT TERMS. [X] NET 30 DAYS (See Below)
Note: Net 30 is for Home Depot Account transactions only. Payment is required at the time of each transaction.
Note: Net 60 payment terms for Home Depot Accounts may be available upon review of a customer's account information.
1.0 PRICING:
1.1 Do you offer a Rebate in lieu of a discount Yes
Details of your Rebate Program
· At least $10,000 to $25,000 Annual Net Sales (Pretax) = 1% Rebate · At least $25,000 to $100,000 Annual Net Sales (Pretax) = 2% Rebate · Over $100,000 Annual Net Sales (Pretax) = 5% Rebate
1.2 Pro Rewards Paint Program
Level
Discount
%
Minimum Annual Spend
on Paint
Gold 20% $ 7,500
Silver 15% $ 4,000
Bronze 10% $ 2,000
1.3 Volume Pricing Program
For any purchase over $1,500 more aggressive
pricing may be available through the Volume Pricing
Program.
For any planned order over $1,500, call in the
request for quote to the ProDesk of your local The
Home Depot
store and ask for it to be submitted for volume
pricing consideration.
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EXHIBIT B
STATEMENT OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Other governmental entit ies under agreement with the County may have access to services provided hereunder.
The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill- set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.
1.1 INTRODUCTION, BACKGROUND AND INTENT:
MASTER AGREEMENT
Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education in stitutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is awarding a contract to a qualified supplier to enter into a Master Ag reement for a complete line of Maintenanc e, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”).
1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR,
OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.
1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Se rvices (Installation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand- held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of r elated products and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environments relating to any of the follow ing (non -inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and
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doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, g earbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE, REPAIR, OPERATING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):
Provide a complete and comprehensive offering of Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):
2.2.1 Any related products offered by Supplier.
2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.
2.2.3 Services performed shall be non-structural in nature.
2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):
2.2.5.1 Roofing, Gutters, Downspouts
2.2.5.2 HVAC
2.2.5.3 Plumbing
2.2.5.4 Electrical
2.2.5.5 Exterior decks, patios and porches
2.2.5.6 Exterior Siding
2.2.5.7 Windows, Doors
2.2.5.8 Interior/Exterior Painting
2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping
2.2.5.10 ADA Improvements
2.2.6 Services:
2.2.6.1 Providing and managing qualified contractors
2.2.6.2 Budget management in keeping projects on budget
2.2.6.3 Project management services in design, planning, organizing, scheduling and managing all stages of a project.
2.2.7 Service Providers (Labor):
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2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.
2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).
2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.
2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):
2.2.7.4.1 National Employee Database
2.2.7.4.2 SSN Verification
2.2.7.4.3 National Criminal Database Check
2.2.7.4.4 Two County Search
2.2.7.4.5 Sex Offender Search
2.2.7.4.6 Annual Review (National Criminal Database)
2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal
2.2.7.4.8 Financial Background
2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times.
2.3 PRODUCT CATEGORIES:
This Agreement is to establish a nationwide purchasing agreement for the acquisition of MRO and related products/services. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non -inclusive, description of the cat egory. These are standard use in the residential, commercial, and industrial environments. .
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply.
2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters, microwave ovens, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.
2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timbe r), millwork, roofing, siding, plywood, paneling, hardwood, trim, molding, fencing, decking, gates, brick, block, doors, windows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.
2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), t hreaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary sup plies, tools, and components.
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2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, st rippers, polishes, vacuums, brooms, mops, buckets, gloves, carts, paper goods, and all ancillary supplies, tools, and components.
2.3.7 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, insect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancillary supplies, tools, an components.
2.3.8 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, m otor controls, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaner s, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, shower doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.12 CATEGORY 12: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.13 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.14 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile, hardwood, carpet tile, carpet and cove base; b linds, shades, screens, window glass, mirrors, parts, and all ancillary supplies, tools, and components.
SERIAL 16154-RFP
2.3.15 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, guest room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.16 CATEGORY 16: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection sy stems, flow metering, gauges, grounds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.17 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: s helving (metal or wood composite), safety and emergency equipment, first aid supplies, conditioning salt, scaffolding (purchased), packaging supplies, communication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.18 CATEGORY 18: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special ord ers, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractor’s limited product line (Wholesale or Retail) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
2.4.2.1 Retail Stores (Point of Sale)
2.4.2.2 Internet (Homedepot.com )
2.4.2.3 Other eProcurement options
2.4.2.4 Will Call (Phone or FAX order)
2.5 PRODUCT PRICING:
Retail:
Products shall be sold at their retail price. An annual volume rebate will be paid to Participating Public Agencies (see Exhibit A ). For any purchase ov er $1,500, more aggressive pricing may be available through the Volume Pricing Program. The discount offered through this program will depend on dollar value, quantity and type of material. In addition, the Pro Rewards Paint program offers Participating Pu blic Agencies further discounts on their paint only purchases (see Exhibit A).
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, t he capability exists to access a limited on-line catalog reflecting contract pricing of products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided.
SERIAL 16154-RFP
2.7.2 All quotations shall be for a “not to exceed” amount.
2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations.
2.7.4 Spending on services shall be included in the annual volume rebate (see Exhibit A).
2.8 SALES REPORTING:
2.8.1 Sales Dollars
2.8.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.8.3 Procurement card (MasterCard or Visa brand)
2.9 BRAND NAMES:
The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. . Materials substantially equivalent to those designated shall qualify for consideration of an order.
2.10 DELIVERY, FREIGHT REQUIREMENTS:
2.10.1 All domestic ground shipments shall be FOB Dest ination, Freight Prepaid and Included .
Any handling fees shall also be included in the pricing.
2.10.2 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.10.3 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.10.4 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.10.4.1 Contract Serial number
2.10.4.2 Contractor’s name and address
2.10.4.3 Participating Public Agency’s name and address
2.10.4.4 Participating Public Agency’s purchase order number
2.10.4.5 A description of product(s) shipped, including item number(s), quantity (is), number of containers and package number(s), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations for those items requested to be delivered. Delivery charges may apply based on location.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of all equipment in a complete operating condition.
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3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Agreement. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of replacement personnel. . Unde r no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor.
3.5.2 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations.
3.5.3 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 WARRANTY:
Home Depot SOW Information: All repair and renovation services performed by Home Depot carries a one (1) year workmanship warranty and all manufacturers’ product warranties shall be passed on to the end customer as further detailed in Contract section 6.5. Home Depot also offers a robust return policy on product purchases, whereas (most) returns within 90 days of purchase are accommodated with a valid sales receipt for exchange, refund, credited to an associated Home Depot
3.6.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship.
3.6.2 The warranty period for workmanship shall be for an initial period of twelve (12) months and commence upon acceptance by County.
3.6.2.1 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repa ir or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations.
3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY (if required):
The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the products . Minimum service hours shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon re quest deli neating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 Contractor shall provide 24 hours per da y, 7 days per week, 365 days per year telephone access, and strive to respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on -site within four (4) hours of receipt of a service request if a site visit is mutually determined to be required.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall strive to respond on-site within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY if a site visit is mutually determined to be required.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arri ves onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not au thorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
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4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name that may include one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.4.4 Badging that identifies the business they work for
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re -key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty- four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.0 Once the Purcha se Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the con tractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre- approved contractor salvage rights shall be securely stored and are not to be transported off the site without wri tten permission from Maricopa County.
If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
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7.0 INVOICES AND PAYMENTS:
For transactions using a Home Depot Net 30 Account, Invoices are required to contain the following information and should be e-mailed to [email protected] If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003 – or to the address that was used in establishing the associated Home Depot Account.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information
7.3 Building Name and Building Number
7.4 County purchase order number
7.5 County contract number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark -ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms
For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one- time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No C ontractor employee may access County property without approval of FMD.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and use best efforts to respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on -site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day, as mutually agreed to by the Parties.
2.4 Contractors shall strive to respond to EMERGENCY requests immediately and report on - site to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $50.00, or other amount only if previously identified to the Maricopa County contact and agreed to by them (one per work order), are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
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4.0 DEAD END CHARGE:
If the Contractor is unable to locate a County representative familiar with the work or is unable to gain access to the work site, the Contractor shall call the County Boiler Room (602- 506-3310). The Boiler Room technician will give Contractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to e fficiently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repai r parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor f ailed to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty -four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County res erves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html
.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work.
5.7 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles, or consistent with the Contractor’s busi ness practices. The letters shall be of such size that they are distinguishable from a reasonable distance or consistent with the Contractor’s business practices.
5.8 All employees of the Contractor shall wear a company uniform identified with the company name that may include of one of the following:
• Shirt/blouse
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• Vest
• Cap
5.9 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family member s, assistants, or any other person unless said person is an authorized employee of the Contractor.
5.10 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulatio ns, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, po licy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non- compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn -in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case -by-case basis. S hould an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty -four (24) hours if any keys, badges , or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this agreement is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re -keying the ENTIRE building at the expense of the Contractor.
7.0 CANCELLATION COST:
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County will be rescheduled with the Contractor and is subject up-to a 25% reduction of the cost.
8.0 SALVAGE:
Salvage and trade-in rights shall be evaluated on a project -by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On -site storage of Contractor’s salvaged materials is not permitted.
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9.0 DELIVERY:
9.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7 th) calendar day after order is received.
9.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
9.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor.
9.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
10.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
10.1 Payment terms shall be calculated based on the date a properly completed invoice is received by the County.
10.2 For transactions using a Home Depot Net 30 Account, Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
10.3 Home Depot Account invoices should contain access to the following information:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied
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• Payment Terms as stated in the agreement
10.4 Questions regarding billing or invoicing shall be directed to the email address below.
10.5 Invoices shall be e-mailed to: [email protected]
10.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
10.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors ).
10.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
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HOME DEPOT U.S.A., INC., PO BOX 193176, COLUMBUS OH 43218 2455 PACES FERRY ROAD, ATLANTA, GA. 30339
PRICING SHEET: NIGP CODE 45041
Terms: NET 30
Vendor Number: VC0000005735
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026.
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE BLANKET PURCHASE ORDERS WITH ACE HARDWARE
OF MONTEBELLO (WAJTAVAR CORPORATION), GARVEY
EQUIPMENT COMPANY AND WALTERS WHOLESALE ELECTRIC TO
PROVIDE EQUIPMENT, HARDWARE, TOOLS, AND RELATED
MATERIALS BASED ON RESPONSES TO REQUEST FOR QUOTES
(RFQ) NO. 26-02
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve a blanket purchase order with Ace Hardware of Montebello (Wajtavar Corporation) in the amount of $5,000 with the option to increase up to $10,000 for Fiscal Year 2025-26 based on their response to RFQ No. 26-02; and
2. Approve a blanket purchase order with Garvey Equipment Company in the amount of $10,000 with the option to increase up to $15,000 for Fiscal year 2025-26 based on their response to RFQ No. 26-02; and
3. Approve a blanket purchase order with Walters Wholesale Electric in the amount of $25,000 with the option to increase up to $30,000 for Fiscal year 2025-26 based on their response to RFQ No. 26-02; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The proposed approval of blanket purchase orders awarded to vendors in response to Request for Quotes (RFQ) No 26-02 will allocate a set dollar value to each vendor to fulfill the City’s need for equipment and tools. Specifically, blanket purchase orders would be established for Fiscal Year 2025-26 with Ace Hardware of Montebello (Wajtavar Corporation) in the amount of $5,000 with the option to increase up to $10,000, Garvey
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
Equipment Company in the amount of $10,000 with the option to increase up to $15,000, and Walters Wholesale Electric in the amount of $25,000 with the option to increase up to $30,000.
Funding for equipment, hardware, tools, and related materials is included in the adopted Fiscal Year 2025–26 budget under the Public Works Department, Building Maintenance Division (Account No.100-30-510-6000.40) and therefore no budget adjustment is necessary as part of the recommended action.
BACKGROUND/DISCUSSION:
The City of Montebello is committed to maintaining an open and competitive procurement process that provides equal opportunity for qualified vendors to supply critical equipment, hardware, tools, and related materials. These supplies are essential for supporting daily operations across various departments, including Public Works and Parks and Recreation.
To streamline procurement, ensure compliance, and reduce reliance on purchase cards (P-cards) and one-off retail purchases, the City issued RFQ 26-02 to establish annual not-to-exceed blanket purchase orders with reputable suppliers for these routine supply needs.
Multiple bids were received and evaluated based on catalog breadth, availability, pricing, and vendor reliability. Bidders included Ace Hardware of Montebello (Wajtavar Corporation), Garvey Equipment, and Walters Wholesale Electric. Each bidder provided their respective tool and hardware specialization lists. Due to the diversity of each bidder’s catalog, it was determined to select multiple vendors. Having access to multiple vendors is critical to cover the wide range of supplies required, including specialty items for electrical work, plumbing, and general hardware.
ENVIRONMENTAL:
N/A
ANALYSIS:
Approving blanket purchase orders with Ace Hardware of Montebello, Garvey Equipment, and Walters Wholesale Electric will:
• Provide departments with reliable sources for quality hardware, tools, and related materials at competitive prices
• Reduce operational downtime by leveraging the vendor’s local inventory and prompt delivery capabilities
• Decrease administrative time spent soliciting multiple vendors for routine purchases
• Ensure consistent compliance with the City’s purchasing policies
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
Under the proposed award per the responses to RFQ No. 26-02, the City will issue purchase orders as needed within the approved annual budget. The awarded vendors will be required to maintain adequate stock levels and provide responsive customer support throughout the use of the issued purchase order (i.e., through FY 2025-26).
SUMMARY:
In response to RFQ No. 26-02, Staff recommend approving blanket purchase orders for procurement of equipment, hardware, tools, and related materials for Fiscal Year 2025- 26 with Ace Hardware of Montebello (Wajtavar Corporation) in the amount of $5,000 with the option to increase up to $10,000, Garvey Equipment Company in the amount of $10,000 with the option to increase up to $15,000 and Walters Wholesale Electric in the amount of $25,000 with the option to increase up to $30,000, based on their extensive product catalog, competitive pricing, and local presence that aligns with the City’s operational and budgetary needs.
ATTACHMENT(S)
None
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Andrew Kim, Senior Management Analyst
SUBJECT: APPROVE BLANKET PURCHASE ORDERS WITH ALLSTAR FIRE EQUIPMENT, GALLS LLC, HARDY AUTO PARTS, L.N. CURTIS AND
SONS, MES SERVICE COMPANY AND ZOLL MEDICAL
CORPORATION FOR THE ACQUISITION OF FIRE DEPARTMENT
EQUIPMENT AND SUPPLIES
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve an increase of $150,000 to the existing Fiscal Year 2025-26 purchase order with Allstar Fire Equipment, Inc. for personal protective equipment and fire- related supplies for a not-to-exceed amount of $200,000; and
2. Approve issuance of an annual blanket purchase order to Galls LLC for personal protective equipment and fire-related supplies in an amount that shall not exceed $150,000 for Fiscal Year 2025-26; and
3. Approve an increase of $50,000 to the existing FY 2025-26 purchase order with IB Auto Parts Inc. (DBA Hardy Auto Parts) for vehicle-related equipment and supplies for a not-to-exceed amount of $100,000; and
4. Approve an increase of $100,000 to the existing FY 2025-26 purchase order with L.N. Curtis and Sons for fire-related supplies for a not-to-exceed amount of $200,000; and
5. Approve an increase of $150,000 to the existing FY 2025-26 purchase order with MES Service Company LLC for personal protective equipment and fire-related supplies for a not-to-exceed amount of $200,000; and
6. Approve an increase of $50,000 to the existing FY 2025-26 purchase order with Zoll Medical Corporation GPO for fire and emergency medical-related equipment and supplies for a not-to-exceed amount of $100,000; and
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
7. Authorize the City Manager to approve up to an additional $25,000 in expenditures for each vendor, for a maximum (potential) not-to-exceed amount of $225,000 (Allstar Fire Equipment Inc.), $175,000 (Galls LLC), $125,000 (IB Auto Parts Inc DBA Hardy Auto Parts), $225,000 (L.N. Curtis and Sons), $225,000 (MES Service Company LLC), and $125,000 (Zoll Medical Corporation GPO); and
8. Take such additional, related actions that may be desirable.
FISCAL IMPACT:
Approval of these blanket purchase orders will establish a combined not-to-exceed expenditure authority of $950,000 for Fiscal Year 2025–26, which includes increases to existing purchase orders (Attachment A). With the additional $25,000 authorization approved on an as-needed basis, the total maximum expenditure authority is $1,100,000 across all vendors for FY 2025-26.
The authority requested includes increases to existing blanket purchase orders for the current fiscal year with Allstar Fire Equipment, Hardy Auto Parts, L.N. Curtis and Sons, MES Service and Zoll Medical Corporation, and establishment of a new blanket purchase order with Galls LLC. Funding for these purchases is available in the adopted FY 2025- 26 Fire Department operating budget, and no additional appropriations are required at this time. The approval of these blanket purchase orders ensures fiscal planning for the current fiscal year while maintaining compliance with the City’s purchasing policies.
BACKGROUND/DISCUSSION:
The Fire Department relies on a limited number of specialized vendors to provide essential personal protective equipment, emergency medical supplies, and vehicle parts necessary to maintain daily operations, ensure firefighter safety, and sustain emergency response capability. Some of these vendors are considered “Sole Source” for specialized or exclusive products carried by their organizations. For some of these vendors, staff will use the authority of Montebello Municipal Code Chapter 3.20.050(C) Standardization of Goods and/or Services to purchase consistent public safety equipment to ensure the interoperability of the Fire Department.
Allstar Fire Equipment, Inc., Galls LLC, L.N. Curtis and Sons, and MES Service Company LLC supply protective clothing, equipment, and fire suppression tools. IB Auto Parts Inc. (DBA Hardy Auto Parts) provides the necessary vehicle-related parts and maintenance support for the department’s fleet, while Zoll Medical Corporation GPO supplies critical emergency medical devices, including defibrillators, cardiac monitors, and related equipment.
In 2022, Fire Department staff submitted a similar staff report with regularly used vendors to establish a continuity of operations and allow for the City to project and budget expenses for the subsequent three fiscal years. With all but one of the purchase order authorizations ending in fiscal year 2024-25, this staff report seeks to establish authorization to procure essential public safety equipment by establishing blanket purchase orders for Fiscal Year 2025-26 (Attachment A).
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
The approval of blanket purchase orders with Allstar Fire Equipment, Galls LLC, Hardy Auto Parts, L.N. Curtis, MES Service and Zoll Medical Corporation will allow the Fire Department to meet current operational needs. By establishing blanket purchase orders for FY 2025-26 (Attachment A), the department will have the ability to procure critical equipment and supplies without delay, maintain operational readiness, and ensure uninterrupted service to the community.
ATTACHMENT(S)
1. Attachment A - Table of Compensation FY 25-26
Attachment A
Table of Compensation FY 2025-26
FY 2025-26
Existing POs Total Increase Total PO
Amount
Allstar Fire Equipment Inc. $49,999.99 $150,000.01 $200,000 Galls LLC $150,000 N/A $150,000
IB Auto Parts Inc DBA Hardy Auto Parts $49,999.99 $50,000.01 $100,000 L.N. Curtis and Sons $100,000 $100,000 $200,000
MES Service Company LLC $49,999.99 150,000.01 $200,000
Zoll Medical Corporation $49,999.99 $50,000.01 $100,000 Total $449,999.96 $500,000.04 $950,000
Note: This table does not include the additional $25,000 authorization approved on an as- needed basis; the total maximum expenditure authority with this extra as-needed authorization is $1,100,000 across all vendors per fiscal year.
ITEM # 19
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: ADOPT RESOLUTION NO. 25-88 AUTHORIZING THE SUBMISSION OF
AN APPLICATION FOR THE LOS ANGELES COUNTY REGIONAL
PARK AND OPEN SPACE DISTRICT'S REGIONAL RECREATION,
MULTI-USE TRAILS AND ACCESSIBILITY GRANT PROGRAM
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 25-88 authorizing the submission of an application for the Los Angeles County Regional Park and Open Space District's Regional Recreation and Multi-Use Trails and Accessibility Grant Program; and
2. Authorize the City Manager to designate authority to the Director of Recreation and Community Services to conduct all negotiations and execute and submit documents reasonably necessary for the completion of the awarded project; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no financial impact associated with the submission of an application to the Regional Recreation, Multi-Use Trails and Accessibility Grant Program. The program is currently accepting applications for acquisition, development, improvement, restoration, or rehabilitation projects that can improve, connect, and protect regional recreational facilities, trails, and accessibility. Applications can request up to $4 million per project and staff is estimating the cost of the proposed project to reach that figure.
BACKGROUND/DISCUSSION:
In November 2016, Measure A (The Safe, Clean Neighborhood Parks, Open Space,
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
Beaches, River Protection, and Water Conservation Measure) was approved by voters in Los Angeles County. It replaced the expiring Proposition A to ensure parks, open spaces, beaches, and waterways are built and protected for future generations. Measure A funding is distributed into seven funding categories, one of them being the Competitive Grants Program. This cycle of Competitive Grant Programs will provide a total of $58 million in Measure A funding to support planning and development efforts across Los Angeles County.
The City will be applying specifically to the Regional Recreation, Multi-Use Trails and Accessibility Grant Program. This program aims to support regional recreation projects that improve access to nature, increase countywide connectivity, and serve broad populations. There is no match required for this grant funding.
Staff is proposing the submittal of an application for Reggie Rodriguez Park due to its proximity to the Rio Hondo River Trail which regionally connects the park. The project proposal will include the addition of a walking trail around the perimeter of the park, lighting, restroom renovation, a baseball/soccer field, and a multi-purpose sports court.
These improvements are a part of the Reggie Rodriguez Park Specific Plan which was developed as a part of the City’s Parks Master Plan utilizing community input.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
That the City Council adopt Resolution No. 25-88 authorizing the submission of an application for the Los Angeles County Regional Park and Open Space District’s Regional Recreation, Multi-Use Trails and Accessibility Grant Program and authorize the City Manager to designate authority to the Director of Recreation and Community Services to conduct all negotiations and execute and submit documents reasonably necessary for the completion of the awarded project.
ATTACHMENT(S)
1. Attachment A - Resolution No. 25-88
ATTACHMENT A
RESOLUTION NO. 25-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO ,
CALIFORNIA, APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPA CE
DISTRICT FOR MEASURE A FUNDING FOR THE REGGIE RO DRIGUEZ WALKING
TRAIL AND MULTI-USE FIELD PROJECT
RECITALS
WHEREAS, the voters of the County of Los Angeles on November 8, 20 16 approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and
WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary policies and proced ures governing the application for grant funds under Measure A; and WHEREAS, said application contains assurances that the City of Montebello must comply with; and
WHEREAS, the City of Montebello will enter into Agreement with the District to provide funds for acquisition projects, development projects, and/or programs.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. Approves the filing of an application with the Los Angeles Co unty Regional Park and Open Space District for Measure A Funds for the above -named project; and
SECTION 2. Certifies that the City of Montebello understands the assurances and will comply with the assurances in the application form; and SECTION 3. Appoints the Direc tor of Recreation and Community Services, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs. [SIGNATURES PAGE TO FOLLOW]
RESOLUTION NO. 25-08
APPROVED AND ADOPTED THIS 8th DAY OF OCTOBER 2025.
_____________________________
Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-88 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8th day of October 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ITEM # 20
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: APPROVE SUBMISSION OF AN APPLICATION FOR THE GAMETIME
COMMUNITY CHAMPIONS PLAYGROUND GRANT PROGRAM
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve submission of an application for the GameTime Community Champions Playground Grant Program; and
2. Authorize the City Manager to designate authority to the Director of Recreation and Community Services to conduct all negotiations and execute and submit documents reasonably necessary for the completion of the awarded project; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no financial impact associated with the submission of an application to the GameTime Community Champions Playground Grant Program. The program is currently accepting applications for funding to purchase playground equipment sets.
The City of Montebello would be required to provide a funding match amount of 50% of the total playground equipment cost. Staff is estimating the cost of playground equipment to be $150,000, thus requiring a possible City match of at least $75,000. The cost of demolition of the existing playground, as well as installation of the new equipment and an accessible path of travel to the playground, is expected to cost an additional $75,000.
The City plans to utilize Measure A Annual Allocation funding to provide the City’s match requirement for the playground equipment in addition to the demolition and installation costs for the new playground.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
BACKGROUND/DISCUSSION:
GameTime is a company that sells playground equipment and is currently offering a grant program that provides up to 100% matching funds for qualifying playground equipment systems.
The City will be applying for funding to replace the City Park North playground. This is the oldest playground in the City and is in need of replacement. The proposed new playground will be designed for children ages 5-12 and feature inclusive playground design and sensory rich activities that support the physical, social, and emotional development of children.
The new playground system is estimated to cost $150,000 and it is estimated that the City will be required to pay $75,000 for its portion of the playground equipment. The City plans to utilize Measure A Annual Allocation funding to cover this cost, and will use an additional $75,000 of Measure A funds to cover the costs of the demolition of the existing playground and installation of the new equipment. The City receives an allocation of funds from Los Angeles County’s Measure A Annual Allocation program each year.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend City Council approval to submit an application for the GameTime Community Champions Playground Grant Program. If approved, the Council will also authorize the City Manager to designate authority to the Director of Recreation and Community Services to handle all negotiations and to execute and submit any documents necessary to complete the awarded project.
ATTACHMENT(S)
None
ITEM # 21
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Andrew Kim, Senior Management Analyst
SUBJECT: APPROVE APPROPRIATION OF MATCHING FUNDS AND
AUTHORIZATION OF PURCHASE ORDERS FOR THE FISCAL YEAR
2023 EMERGENCY OPERATIONS CENTER (EOC) GRANT PROGRAM
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $266,442 in Account No. 100-85-880-6010.10 (General Fund, Fire, Communications, Machinery & Equipment) for the remaining required local match for the Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program; and
2. Approve an increase of $675,000 to the existing Fiscal Year 2025-26 purchase order with Motorola Solutions, Inc. for the purchase of public safety radios, equipment, and software upgrades related to the EOC Grant Program; and
3. Approve issuance of a purchase order to Viavi Solutions for communications testing equipment in an amount that shall not exceed $115,000; and
4. Approve issuance of a purchase order to Commline Inc. for public safety radios and equipment in an amount that shall not exceed $170,000; and
5. Approve issuance of a purchase order to a to be determined vendor for a towable emergency generator in an amount that shall not exceed $85,000; and
6. Authorize the City Manager to approve up to an additional $25,000 in expenditures for each vendor, for a maximum (potential) not-to-exceed amount of $700,000 (Motorola Solutions, Inc.), $140,000 (Viavi Solutions), $195,000 (Commline Inc.), and $110,000 (a TBD vendor); and
7. Authorize purchases from the above mentioned vendors by utilizing the exception to the bidding and procurement process allowed by Montebello Municipal Code Section 3.20.050(C) - Standardization of Goods and/or Services; and
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
8. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program provides $2,211,745 in federal grant funding administered through the California Office of Emergency Services (Cal OES). A local match of $737,248 is required, bringing the total project budget to $2,948,993. To date, staff have expended $1,883,225 ($1,412,418 in grant funds and $470,807 in matching funds).
The requested appropriation of $266,442 represents the balance of the local match that was not previously appropriated as part of the original grant acceptance authorization. The recommended actions require amending the Fiscal Year 2025-26 budget by increasing appropriations by $266,442 in Account No. 100-85-880-6010.10 (General Fund, Fire, Communications, Machinery & Equipment) for the remaining required local match for the Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program.
The purchases related to this grant award to be made from Motorola, Viavi, Commline and a vendor to be determined for the purchase of a towable generator will be made utilizing Montebello Municipal Code Section 3.20.050(C) - Standarization of Goods and/or Services: "When goods and/or services are required to maintain consistent operation or function to an existing technology or public safety system or program already in use by the city."
The equipment, supplies, software and labor procured through this grant program will be utilized to maintain the City's public safety communication infrastructure. Montebello and numerous surrounding cities rely on the uninterrupted functioning of Montebello's public safety communications system for Police and Fire response. The vendors (i.e., Motorola, Viavi, Commline) from which these purchases will be made have been used previously for public safety communications needs. Therefore, MMC Section 3.20.050(C) allows for the standardization of purchases to maintain the inter-operability of the public safety communication system.
BACKGROUND/DISCUSSION:
On November 8, 2023, the City Council approved the receipt of a subaward from Cal OES for the FY 2023 Emergency Operations Center (EOC) Grant Program. While the grant award of $2,211,745 was appropriated at that time, the required local match of $737,248 was not included in the appropriation.
Since November 2023, the Fire Department has expended $1,883,225 on eligible emergency communications and supportive equipment projects. These projects were completed under budget, leaving a remaining balance of $1,065,768 to be expended.
Staff are currently working with Cal OES to submit a project modification request to allocate the remaining funds toward additional communications and supportive
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
emergency equipment.
To complete the project and meet the federal cost-share (matching) requirement, staff is requesting appropriation of the remaining $266,442 local match. Staff have identified several critical emergency communications and support needs that can be funded with the remaining balance of grant and matching funds.
Currently, the performance period of this grant is set to end in early 2026; however, staff have submitted an extension request. At this time, staff have not been notified if this extension request has been approved. Staff are currently working on a modification request to outline and describe the items the City is requesting to purchase, which includes radios, communication equipment, and emergency generators.
To ensure timely expenditure of the Emergency Operations Center (EOC) Grant Program funds and maximize the use of the remaining grant award balance, staff is requesting approval of several purchase orders for critical communications and emergency support equipment (Attachment A). These purchases will be made using the authority in MMC Section 3.20.050(C) - Standardization of Goods and/or Services.
These purchases require increasing the existing purchase order with Motorola Solutions, Inc. by $675,000 for public safety radios, equipment, and software upgrades. Staff is also requesting approval of a purchase order with Viavi Solutions for communications testing equipment in an amount not to exceed $115,000, a purchase order with Commline Inc. for public safety radios and equipment in an amount not to exceed $170,000, and a purchase order with a vendor to be determined for a towable emergency generator in an amount not to exceed $85,000. The vendor for the generator is pending additional quotations, as staff is evaluating options to determine the best value for the City.
Staff also recommends authorizing the City Manager to approve up to an additional $25,000 in expenditures for each vendor. This provides a buffer in case invoices or quotes fluctuate, ensuring the City can complete the grant-funded project without delays.
With this contingency included, the maximum not-to-exceed amounts would be $700,000 for Motorola Solutions, Inc., $140,000 for Viavi Solutions, $195,000 for Commline Inc., and $110,000 for a vendor to be determined for purchase of a towable generator. These actions will give the City the flexibility to move forward with procurement, maintain compliance with the grant, and secure essential emergency communications resources.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend appropriating the remaining required local match for the FY 2023
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
Emergency Operations Center (EOC) Grant Program and authorizing purchase orders necessary to acquire additional emergency communications equipment that is determined eligible under this grant award utilizign the authority in Montebello Municipal Code Section 3.20.050(C) - Standardization of Goods and/or Services. The recommended actions also require amending the Fiscal Year 2025-26 budget by increasing appropriations by $266,442 in Account No. 100-85-880-6010.10 (General Fund, Fire, Communications, Machinery & Equipment). This action ensures full compliance with the grant’s cost-share requirements and allows the City to maximize federal and local resources to strengthen emergency preparedness and response capabilities.
ATTACHMENT(S)
1. Attachment A - Table of Compensation
Attachment A
Table of Compensation FY 2025-26
FY 2025-26
POs POs with Additional
$25,000 Authority
Motorola Solutions $675,000 $700,000
Viavi Solutions $115,000 $140,000
Commline Inc. $170,000 $195,000
TBD Vendor for Emergency Generator $85,000 $110,000
Total $1,045,000 $1,145,000
ITEM # 22
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2483 AMENDING CHAPTER 17 OF THE MONTEBELLO MUNICIPAL CODE
TO ESTABLISH CHAPTER 17.41- VIEWSHED PRESERVATION
OVERLAY
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Waive Second Reading and adopt Ordinance No. 2483, amending Chapter 17 of the Montebello Municipal Code (“MMC”) to establish Chapter 17.41 - Viewshed Preservation Overlay to protect and preserve significant public and private views; and
2. DETERMINE AND FIND that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the “Common Sense” exemption set forth under Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment, considering that it can be seen with certainty that there is no possibility that adding a viewshed preservation overlay will have a significant effect on the environment and pursuant to CEQA Section 15303 related to construction and location of limited numbers of new, small facilities or structures, and the conversion of existing small structures that are consistent with the City’s general plan policies and zoning regulations; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The recommended actions do not have a fiscal impact.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
BACKGROUND/DISCUSSION:
In an effort to enhance community livability and celebrate Montebello’s unique visual character, the City is taking steps to protect the scenic views that contribute to its identity and quality of life. Views of mountainous areas, ridgelines, skyline vistas, city lights, and culturally significant landmarks are valued by residents and visitors alike. As the City continues to grow and evolve, it is important to ensure that these visual assets are preserved for current and future generations.
To support this vision, staff is proposing a Viewshed Preservation Overlay Ordinance (“proposed Ordinance”) that establishes specific requirements for properties located within designated viewshed protection areas. The focus is maintaining the community’s aesthetic character and safeguarding access to important scenic views through thoughtful planning and limitations on improvements that include, but are not limited to, new structures or additions that block views, unmanaged vegetation that grows into existing view corridors.
Pursuant to state and local regulations, the Planning Commission is authorized to act on Zone Code Amendments as follows:
• Section 65857 of the California Government Code states that the City Council may approve, modify, or disapprove shall make a written recommendation on the adoption or amendment of the Zoning Ordinance.
• Section 17.76.020 of the Montebello Municipal Code (“MMC”) authorizes the City Council or Planning Commission to initiate an amendment to Chapter 17 – Zoning.
• Section 17.76.060 of the MMC authorizes the City Council to hold at least one public hearing for a proposed amendment.
• Section 17.76.070 of the MMC authorizes City Council to consider a matter that has recommended approval from the Planning Commission.
On June 17, 2025, the Planning Commission considered the proposed Zone Code Amendment. After the Planning Commission’s independent review, consideration, analysis of Staff’s report and the information presented, as well as oral and written testimony by persons of the public, the Planning Commission unanimously voted to continue the item to August 5, 2025.
As part of its community engagement effort, on July 26, 2025, the Planning and Community Development Department hosted a booth at the City of Montebello 2025 Downtown Street Fest to gather input on the proposed Viewshed Ordinance. A total of 184 community surveys were collected during this event. Based on the survey results, 80% of respondents stated that preserving views is very important, specifically preserving views of hillsides, open spaces and views from public parks.
At its continued meeting on August 5, 2025, Planning Commission reconsidered the item related to the proposed Viewshed Ordinance. During this meeting, staff presented the community survey results gathered during the Downtown Street Fest. Staff also
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
addressed questions previously raised by the Commission during the June 17, 2025, public hearing. Following the discussion, the Planning Commission unanimously voted to recommend approval of the proposed Ordinance to the City Council.
On August 6, 2025, Planning staff hosted another outreach booth at the City’s Concerts in the Park 2025 event, where an additional 23 surveys were collected. With similar results from surveys gathered at the Downtown Street Fest, 86% of the respondents emphasized the importance of preserving views of hillsides, open space and public parks.
On September 24, 2025, the City Council considered the proposed Zone Code Amendment. After the City Council’s independent review, consideration, analysis of Staff’s report and the information presented, as well as oral and written testimony by persons of the public, the City Council unanimously voted to introduce and waive first reading of Ordinance No. 2483, amending Chapter 17 of the MMC to establish Chapter
17.41 - Viewshed Preservation Overlay.
SURVEY RESULTS
As previously noted in this staff report, as part of the public outreach process for the proposed Viewshed Ordinance, the City hosted informational booths at two community events; on July 26, 2025 and August 6, 2025. These events provided residents the opportunity to learn about the Ordinance and share their feedback through a brief survey.
During these events, the City collected a combined total of 207 surveys. The following charts present a summary of the responses to each survey question.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
PUBLIC NOTIFICATION
Pursuant to MMC Section 17.78 (Public Hearings, Notices, and Appeals) the following noticing was performed:
• On September 11, 2025, the Public Hearing Notice was published in the Montebello News for the Planning Commission.
ENVIRONMENTAL:
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the common sense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed Ordinance amending MMC Chapter 17 does not have the potential to degrade the quality of the environment or have a significant effect on the environment.
Actions proposed in the Zone Code Amendment are not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
ANALYSIS:
The purpose of the proposed Ordinance is to establish regulations that protect and preserve significant public and private views of natural features such as ridgelines, mountains, and valleys, as well as culturally and visually important landmarks. The proposed Ordinance includes definitions, identifies protected views and designated viewshed protection areas, and sets forth regulations and design standards intended to preserve and minimize obstruction of scenic views. The proposed Ordinance is consistent with the City’s General Plan and is intended to enhance the City’s visual character and maintain community aesthetics. Particularly, the proposed Ordinance is consistent with key goal No. 6 of the City’s General Plan regarding Hillside Neighborhood, which states: “Maintain views of city lights.” The proposed Ordinance supports this goal by implementing design standards that minimize obstruction of the visual landscape, including distant views, skyline views of distant cityscapes like downtown LA, city lights canopies, mountain vistas, ridgelines, and other natural features, contributing to the quality of life, economic vitality and well-being of the citizens of Montebello. Additionally, any city trees or public improvements are not included in this ordinance.
PROPOSED ZONE CODE AMENDMENT
Chapter 17.41 Viewshed Prevention Overlay
17.41.010 PURPOSE AND INTENT
The purpose of this ordinance is to establish regulations that protect and preserve significant views from public and private vantage points in the City of Montebello (the “City”). This ordinance aims to maintain the visual character of the community, enhance the aesthetics of the urban and natural environment, and preserve the public’s access to important views, particularly those of mountainous areas, ridgelines, skyline views of cityscapes or city lights, and other key natural features.
17.41.020 DEFINITIONS
For the purposes of this ordinance, the following definitions apply:
1. Viewshed: The area visible from a specific location, such as a public street, park, or residential property, including natural features like ridgelines, hills, mountains, and valleys, as well as urban landmarks.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
2. Protected View: A view from a hillside area deemed significant due to its scenic, cultural, historical, or environmental importance, as determined by the City’s planning and community development department or designated review body.
3. Building Height: The vertical distance measured from the finished grade to the highest point of the structure, including roof structures, chimneys, and antennae.
4. City Lights: The skyline canopy of city lights seen from a distance.
5. Obstruction: Any physical structure, including fences and walls, vegetation, or other elements that may obstruct or diminish a protected view.
6. Viewshed Protection Area: Geographic zones or areas defined by the City, where significant views are identified and subject to protection under this ordinance.
7. Visual or Landscape Character: An impartial description of what the landscape consists of, defined by the relationships between existing, visible natural and built landscape features.
8. Visual Resource: Components of the visible natural, cultural, or project environments. A visual resource is any visible site, object, or feature of the landscape.
9. Visual Quality: Visual quality is a result of the interactive experience viewers and their environment.
10. Reflective exterior material: Material that causes glare like polished metal panels including stainless steel or aluminum composites.
17.41.030 DESIGNATION OF PROTECTED VIEWS AND VIEWSHED PROTECTION AREAS
1. The City Council shall, from time to time, adopt and amend a map designating protected views and viewshed protection areas within the City. The map shall be maintained by the Planning & Community Development Department and available for public inspection.
2. Protected views shall include, but are not limited to:
o Views of significant ridgelines, skyline views of cityscapes or city lights, mountains, valleys, and other natural features.
o Views of landmarks and culturally important sites.
o Views from public spaces, such as parks, trails, and streets. o Visual character defining resources and features include landforms, vegetation, land uses, buildings, transportation facilities, overhead utility structures and lighting, open space, viewpoints, and views to visual resources, waterbodies and historic structures.
17.41.040 REVIEW PROCEDURE FOR DEVELOPMENT AND/OR IMPROVEMENTS
AFFECTING PROTECTED VIEWS
1. Development Review: Fences, walls, hedges and any other landscape shall not exceed three feet in height, or six feet in height if the fence is made of non- view obscuring material. Fences, walls, hedges, and landscape obscuring over 3 feet, will require a visual impact analysis.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
2. Application Requirements: Developers shall submit a visual impact analysis as part of the development application, which demonstrates how the project will maintain or enhance the integrity of protected views.
3. Mitigation Measures: If a proposed development is found to significantly obstruct or diminish a protected view, the applicant may be required to:
o Adjust the height, size, color, bulk, or placement of the structure to minimize impact.
o Incorporate landscaping, screening, or other elements to reduce visual intrusion.
o Explore alternative site designs or building configurations that better preserve the protected view.
4. Variance: If the proposed development cannot be reasonably modified to avoid impact to a protected view, the applicant may request a variance, subject to approval by the Planning Commission, based on findings of exceptional circumstances.
17.41.050 VISUAL IMPACT ANALYSIS
Visual impact analysis may be required for any property in any viewshed area designated on Exhibit 17.41.050, Viewshed Preservation Areas Map. If it is determined by the Director of Planning and Community Development that the construction of new multiple story structure or any addition may obstruct the protected views, a visual analysis shall be required.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
17.41.060 HEIGHT LIMITATIONS IN VIEWSHED PROTECTION AREAS
1. In designated viewshed protection areas, maximum building heights shall be regulated to prevent the obstruction of protected views.
2. The specific height limits for development projects within viewshed protection areas shall be determined by the City Council and outlined in the City’s zoning code.
3. Any building or structure that exceeds these height limits may be required to incorporate measures that minimize visual impact, such as stepped-back facades, lower profiles, or architectural features that blend with the natural environment.
17.41.070 EXTERIOR COLOR AND MATERIAL LIMITATIONS IN VIEWSHED
PROTECTION AREAS
1. In the designated viewshed protected areas, colors of residence, fences, walls, and all other exterior structures should complement or be consistent with the colors of the natural environment. Visible roof coverings and deck surfaces shall not be reflective.
2. For exterior surfaces, the materials should be natural such as stone and wood.
Reflective exterior material finishes or glazing should not be utilized.
17.41.080 PUBLIC ENGAGEMENT AND NOTIFICATION
1. Property owners, residents, and other stakeholders within the viewshed protection areas shall be notified of proposed developments that may impact protected views. Public hearings and input shall be encouraged during the review process.
2. The City shall ensure that all decisions regarding viewshed protection are transparent and that stakeholders have an opportunity to voice concerns.
17.41.090 ENFORCEMENT AND PENALTIES
1. The City shall enforce the provisions of this ordinance through its Planning & Community Development Department. Unauthorized development that causes significant harm to protected views may be subject to fines, penalties, or removal of the offending structures or obstructions.
2. The City may also issue notices of violation to property owners who fail to comply with view protection requirements.
3. The City shall provide a right to action for property owners who suffer losses (e.g., reduced property value) to either demand for the removal of the obstruction or monetary damages.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
17.41.100 EXCEPTIONS AND SPECIAL CIRCUMSTANCES
1. Pursuant to a determination by the Director of Planning and Community Development, exceptions to the provisions of this ordinance may be granted under specific circumstances, including but not limited to:
o Projects that provide substantial public benefits that outweigh the visual impact.
o Emergency situations or critical infrastructure needs that require modifications to the existing development rules.
o Projects that satisfy the findings required for Variances pursuant to MMC Section 17.72.060 as determined by the Director of Planning and Community Development.
17.41.110 CEQA.
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the common sense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The Viewshed Prevention Overlay does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Furthermore, the Viewshed Prevention Overlay is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
17.41.120 SEVERABILITY
If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
17.41.130 EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after approval by the City Council.
17.41.140 PUBLICATION
The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
SUMMARY:
The proposed Viewshed Preservation Overlay Ordinance conforms with the Montebello General Plan as it will preserve and protect the visual landscape of the City’s natural features as well as culturally important landmarks. The proposed Ordinance establishes definitions, identifies protected views and designated viewshed protection areas, and sets forth regulations and design standards intended to minimize obstruction of scenic views. Therefore, it is recommended that the City Council waive second reading and adopt Ordinance No. 2483, amending Chapter 17 of the Montebello Municipal Code adding Chapter 17.41 - Viewshed Preservation Overlay related to the protection and preservation of significant public and private views as provided in Attachment A, hereto and incorporated by reference.
ATTACHMENT(S)
1. Attachment A: Ordinance No. 2483
2. Attachment B: CEQA Exemption
3. Attachment C: Planning Commission Resolution No. 08-25
4. Attachment D: Public Hearing Notice
5. Attachment E: Planning Commission Public Comment
ORDINANCE NO. 2483
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING TITLE 17 OF THE
MONTEBELLO MUNICIPAL CODE TO ESTABLISH CHAPTER 17.41 –
VIEWSHED PRESERVATION
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and
WHEREAS, the City Council of the City of Montebello recognizes the importance of preserving the natural and scenic views that contribute to the character and identity of the community; and
WHEREAS, the City of Montebello’s General Plan, the City’s guiding policy document created to carry out the community’s goals and vision on the physical structure of the City, states that a key goal of the community is to “maintain views of city lights for its hillside neighborhoods”; and
WHEREAS, the preservation of the visual landscape, including distant views, skyline views of distant cityscapes like downtown Los Angeles, city lights canopies, mountain vistas, ridgelines, and other natural features, contributes to the quality of life, economic vitality, and well-being of the citizens of Montebello; and
WHEREAS, the City Council is committed to ensuring that future development does not detract from the visual quality of the City and the surrounding landscape by establishing regulations for viewshed protection; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are true and correct and hereby incorporated into this Ordinance.
SECTION 2. AMENDMENT. Chapter 17.41 of the Montebello Municipal Code is hereby established to read as follows:
ATTACHMENT A
ORDINANCE NO. 2483
Sections:
17.41.010 PURPOSE AND INTENT
The purpose of this ordinance is to establish regulations that protect and preserve significant views from public and private vantage points in the City of Montebello (the “City”). This ordinance aims to maintain the visual character of the community, enhance the aesthetics of the urban and natural environment, and preserve the public’s access to important views, particularly those of mountainous areas, ridgelines, skyline views of cityscapes or city lights, and other key natural features.
17.41.020 DEFINITIONS
For the purposes of this ordinance, the following definitions apply:
1. Viewshed: The area visible from a specific location, such as a public street, park, or residential property, including natural features like ridgelines, hills, mountains, and valleys, as well as urban landmarks.
2. Protected View: A view from a hillside area deemed significant due to its scenic, cultural, historical, or environmental importance, as determined by the City’s planning department or designated review body.
3. Building Height: The vertical distance measured from the finished grade to the highest point of the structure, including roof structures, chimneys, and antennae.
4. City Lights: The skyline canopy of city lights seen from a distance.
5. Obstruction: Any physical structure, including fences and walls, vegetation, or other elements that may obstruct or diminish a protected view.
6. Viewshed Protection Area: Geographic zones or areas defined by the City, where significant views are identified and subject to protection under this ordinance.
7. Visual or Landscape Character: An impartial description of what the landscape consists of, defined by the relationships between existing, visible natural and built landscape features.
8. Visual Resource: Components of the visible natural, cultural, or project environments. A visual resource is any visible site, object, or feature of the landscape.
9. Visual Quality: Visual quality is a result of the interactive experience viewers and their environment.
10. Reflective exterior material: Material that causes glare like polished metal panels including stainless steel or aluminum composites.
17.41.030 DESIGNATION OF PROTECTED VIEWS AND VIEWSHED PROTECTION AREAS
1. The City Council shall, from time to time, adopt and amend a map designating protected views and viewshed protection areas within the City. The map shall be maintained by the Planning & Community Development Department and available for public inspection.
ORDINANCE NO. 2483
2. Protected views shall include, but are not limited to:
o Views of significant ridgelines, skyline views of cityscapes or city lights, mountains, valleys, and other natural features.
o Views of landmarks and culturally important sites.
o Views from public spaces, such as parks, trails, and streets. o Visual character defining resources and features include landforms, vegetation, land uses, buildings, transportation facilities, overhead utility structures and lighting, open space, viewpoints, and views to visual resources, waterbodies and historic structures.
17.41.040 REVIEW PROCEDURE FOR DEVELOPMENT AND/OR IMPROVEMENTS
AFFECTING PROTECTED VIEWS
1. Development Review: Fences, walls, hedges and any other landscape shall not exceed three feet in height, or six feet in height if the fence is made of non- view obscuring material. Fences, walls, hedges, and landscape obscuring over 3 feet will require a visual impact analysis.
2. Application Requirements: Developers shall submit a visual impact analysis as part of the development application, which demonstrates how the project will maintain or enhance the integrity of protected views.
3. Mitigation Measures: If a proposed development is found to significantly obstruct or diminish a protected view, the applicant may be required to:
o Adjust the height, size, color, bulk, or placement of the structure to minimize impact.
o Incorporate landscaping, screening, or other elements to reduce visual intrusion.
o Explore alternative site designs or building configurations that better preserve the protected view.
4. Variance: If the proposed development cannot be reasonably modified to avoid impact to a protected view, the applicant may request a variance, subject to approval by the Planning Commission, based on findings of exceptional circumstances.
17.41.050 VISUAL IMPACT ANALYSIS
Visual impact analysis may be required for any property in any viewshed area designated on Exhibit 17.41.050, Viewshed Preservation Areas Map. If it is determined by the Director of Planning and Community Development that the construction of new multiple story structure or any addition may obstruct the protected views, a visual analysis shall be required.
ORDINANCE NO. 2483
ORDINANCE NO. 2483
17.41.060 HEIGHT LIMITATIONS IN VIEWSHED PROTECTION AREAS
1. In designated viewshed protection areas, maximum building heights shall be regulated to prevent the obstruction of protected views.
2. The specific height limits for development projects within viewshed protection areas shall be determined by the City Council and outlined in the City’s zoning code.
3. Any building or structure that exceeds these height limits may be required to incorporate measures that minimize visual impact, such as stepped-back facades, lower profiles, or architectural features that blend with the natural environment.
17.41.070 EXTERIOR COLOR AND MATERIAL LIMITATIONS IN VIEWSHED
PROTECTION AREAS
1. In the designated viewshed protected areas, colors of residence, fences, walls, and all other exterior structures should complement or be consistent with the colors of the natural environment. Visible roof coverings and deck surfaces shall not be reflective.
2. For exterior surfaces, the materials should be natural such as stone and wood.
Reflective exterior material finishes or glazing should not be utilized.
17.41.080 PUBLIC ENGAGEMENT AND NOTIFICATION
1. Property owners, residents, and other stakeholders within the viewshed protection areas shall be notified of proposed developments that may impact protected views. Public hearings and input shall be encouraged during the review process.
2. The City shall ensure that all decisions regarding viewshed protection are transparent and that stakeholders have an opportunity to voice concerns.
17.41.090 ENFORCEMENT AND PENALTIES
1. The City shall enforce the provisions of this ordinance through its Planning & Community Development Department. Unauthorized development that causes significant harm to protected views may be subject to fines, penalties, or removal of the offending structures or obstructions.
2. The City may also issue notices of violation to property owners who fail to comply with view protection requirements.
3. The City shall provide a right to action for property owners who suffer losses (e.g., reduced property value) to either demand for the removal of the obstruction or monetary damages.
ORDINANCE NO. 2483
17.41.100 EXCEPTIONS AND SPECIAL CIRCUMSTANCES
1. Pursuant to a determination by the Director of Planning and Community Development, exceptions to the provisions of this ordinance may be granted under specific circumstances, including but not limited to:
o Projects that provide substantial public benefits that outweigh the visual impact.
o Emergency situations or critical infrastructure needs that require modifications to the existing development rules.
o Projects that satisfy the finding required for Variances pursuant to MMC Section 17.72.060 as determined by the Director of Planning and Community Development.
17.41.110 CEQA.
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the commonsense exemption.
The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The Viewshed Prevention Overlay does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Furthermore, the Viewshed Prevention Overlay is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
17.41.120 SEVERABILITY
If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
17.41.130 EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after approval by the City Council.
ORDINANCE NO. 2483
17.41.140 PUBLICATION
The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED 8TH DAY OF OCTOBER 2025.
_______________________________
Salvador Melendez, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 24 th day of September 2025, and was adopted by the City Council of the City of Montebello at its meeting held on the 8 th day of October 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Christopher Jimenez, City Clerk
Notice of CEQA Exemption
City of Montebello 1
To:
County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:
City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 90640
Lead Agency: City of Montebello, Planning and Community Development Department Project Title: Establishment Viewshed Protection Overlay Project Location: Citywide
Case Number(s): PC-2025-0006-ZCA & ENV No. 09-25-CE
Description of Nature, Purpose, and Beneficiaries of Project: A Zone Code Amendment (“ZCA”) to modify the Montebello Municipal Code (“MMC”) to establish Chapter 17.41 Viewshed Protection Overlay, and adoption of a CEQA Exemption under § 15061(b)(3)
Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: City of Montebello
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:
Statutory Exemptions. State code number: 15061(b)(3)
Justification for Project Exemption:
Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3).
Lead Agency Contact Person: Emilie Fernandez, Assistant Planner
Area Code/Telephone/Extension: (323) 887-1480
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.
Signature: ____________________________ Date: ______________ Title: _______________________
Signed by Lead Agency Signed by Applicant
ATTACHMENT B
“}?
CITY OF MONTEBELLO CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Montebello City Council (the “City Council”) will hold a public hearing to consider the following item:
First Reading of an ordinance to amend Chapter 17 of the Montebello Municipal Code ( “MMC”) to establish Chapter 17.41 - Viewshed Preservation Overlay. The purpose of this ordinance is to protect and preserve significant public and private views of natural features. The proposed ordinance establishes definitions, identifies protected views and designated viewshed protected areas , and sets forth regulations and design standards intended to minimize obstruction of scenic views. The ordinance is intended to enhance the City’s vis ual character and maintain community aesthetics consistent with the General Plan.
PUBLIC HEARING INFORMATION:
Date: Wednesday, September 24, 2025
Time: 6:00 p.m., or as soon as possible thereafter as the matter can be heard Place: City Hall Council Chambers, 1600 W. Beverly Blvd., Montebello, CA 90640
ENVIRONMENTAL: Pursuant to the provisions of the California Environmental Quality Act ( Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., “CEQA Guidelines”), the proposed Ordinance amending MMC Chapter 17 does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Ordinance Amendment are not considered a “project” under CEQA Gui delines Section 15378 in that t here is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The Ordinance Amendment would also be exempt under the commonsense exemption pursuant to CEQ A Guidelines Section 15061(b)(3). The CEQA commonsense exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
For those interested in participating in-person during the public comments period or public testimony period for public hearings, you may address the City Council in- person the day of the meeting. Speakers will be required to fill out a speaker card provided during this meeting and turn it into the City Clerk or a staff designee prior to each public comment announcement period. Each speaker card will be called in the order received.
The public may also submit emailed comments via the City’s email address:
[email protected]. Comments can submit ted up until the day of the meeting, Wednesday, September 24, 2025 between 7:30 a.m. and 6:00 p.m. These comments will not be read out loud but will be entered into the record and submitted to all members of the City Council.
Per Government Code section 65009, if you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.
The project documents and other materials are available by contacting the City Clerk’s Office at 323-887-1359.
_____________________________
Kimberly Guillen, Sr. Deputy City Clerk
Dated: September 04, 2025
Date published: September 11, 2025
From: Maria Knox
To: comment, pcpublic
Subject: [External Email] Resolution No. 08-25 - Approve Code Amendment Date: Sunday, June 15, 2025 10:09:35 AM
External Sender - From: (Maria Knox <coco-
[email protected]>)
This message came from outside your organization.
Dear Chair and Planning Commissioners, as I am unable to attend the meeting in person to make a public comment, I am writing to you to express my support for the approval Resolution No. 08-25.
I am supporting its approval as it preserves and protects the views of existing homes on the hills, which are, in most cases, the main reason such homes are purchased.
Best regards,
Maria Knox
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
From: Joe Dickman
To: comment, pcpublic
Subject: [External Email] Support for Resolution No. 08-25 from Jeanette Dickman Date: Monday, June 16, 2025 11:11:18 PM
External Sender - From: (Joe Dickman
<[email protected]>)
This message came from outside your organization.
Deer Planning Commission Chair and Commissioners,
I am Jeanette Dickman and I have lived in Brighton Hills since 1962. I am the original owner of my home at 856 Coffman Drive. We raised our children here in Montebello and they attended our school system. When my oldest son graduated from Schurr High School, he attended the US Air Force Academy after being selected by our Congressman, George Danielson. My daughter married an Air Force Academy graduate who flew Air Force II for vice president Al Gore. My oldest son is now a Deputy District Attorney for the Los Angeles County and he often collaborates with Montebello Police Department.
I am telling you all of this so you understand that we are upstanding citizens with a long history and ties to Montebello. For this reason, I want to see Montebello thrive, I want to preserve its close-knit small town feeling, and I want to help preserve its beautiful scenic views.
So therefore, I urge you to support the zone code amendment that will protect our access to our scenic views and to our landmarks.
Montebello stands for beautiful mountains, or beautiful hills, let's make sure we live up to our name.
Thank you for your attention,
From the little 95 year old Jewish lady on Coffman Drive, Jeanette Dickman
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From: Sharilynn Jung
To: comment, pcpublic
Subject: [External Email] Zone Code Amendment
Date: Tuesday, June 17, 2025 7:20:19 AM
External Sender - From: (Sharilynn Jung
<[email protected]>)
This message came from outside your organization.
Hello there...I'm unable to attend tonights Planning Committee meeting but would like to also help protect each others views. I live on a slightly elevated street and can peak at the downtown skyline and occasional sunset...i'm just one rose bush away from the view being blocked so I can only imagine having a hard structure installed obstructing any views...especially if that is why the owner purchased the property.
Thank you and have a good meeting tonight!
Sharilynn (Brighton Hills)
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From: jesse ruelas
To: comment, pcpublic
Subject: [External Email] Amendment (Case No. PC-2025-0006-ZCA) Date: Tuesday, June 17, 2025 2:59:00 PM
External Sender - From: (jesse ruelas
<[email protected]>)
This message came from outside your organization.
Dear Planning Commission Representatives,
We are residents of the City of Montebello on Darcy Drive, and we urge that the Commissioners support recommending that the City Council approve the Zone Code Amendment (Case No. PC-2025-0006-ZCA) amending Chapter 17 of the Montebello Municipal Code, adding Chapter 17.41 - Viewshed Preservation Overlay to protect and preserve significant public and private views.
Thank you,
Sincerely,
Jesse and Linda
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From: L and J Calderon
To: comment, pcpublic
Subject: [External Email] Amendment to Title 17 zoning of MMC to establish Chapter 17.41 - Viewshed Overlay Date: Tuesday, June 17, 2025 5:30:39 PM
External Sender - From: (L and J Calderon
<[email protected]>)
This message came from outside your organization.
To Whom It May Concern:
I am preparing this comment for your review for the Montebello public hearing regarding the above subject. My family has been a resident of Montebello since 1986. We purchased the home with the
specific benefit of the beautiful view of L. A. Civic Center and coastal areas down to Long Beach.
I understand that a view adds value of up to $25,000 to the property. We had some conflict with one of our neighbors who built a 6 foot wooden fence at our property line when he observed us constructing a new partial wall and wrought iron fence to replace the original chain-link fence. Also, he allowed the eucalyptus tree to grow so large that it obstructed our view. After a meeting with the Building Department, we were able to come to a compromise. However, we pay to have the tree trimmed every year. At this time, we have a three quarter view.
I mentioned some detail about this issue to highlight how this problem of view obstruction can cause ill feelings between neighbors, which could be avoided if there were a zoning law that clarifies what is permitted and what is not as to the slopes between properties. I would also like to mention that we have two neighbors that border the rear of our property, which in some cases can result in additional conflict.
Thank you for your attention to this matter.
Larry and Jeanette Calderon
853 N. Vail Avenue
Montebello, CA 90640
323-972-8256
Sent from AT&T Yahoo Mail on Android
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From: Rosalinda Torres
To: comment, pcpublic
Cc: [email protected]; F 1 Jesse Ruelas
Subject: [External Email] Support for Zone Code Amendment Case No. PC-2025-0006-ZCA – Viewshed Preservation Overlay
Date: Tuesday, June 17, 2025 5:52:15 PM
External Sender - From: (Rosalinda Torres
<[email protected]>)
This message came from outside your organization.
Montebello Planning Commission
City of Montebello
1600 W. Beverly Blvd.
Montebello, CA 90640
Dear Planning Commissioner,
I am writing as a concerned resident and advocate for sustainable urban development to express my strong support for the proposed Zone Code Amendment (Case No. PC-2025-0006- ZCA), which seeks to add Chapter 17.41 – Viewshed Preservation Overlay to the Montebello Municipal Code.
The protection and preservation of significant public and private views are vital not only for maintaining our city’s character and quality of life, but also for preserving the integrity of local ecosystems. Natural viewsheds often correspond with undeveloped ridgelines, open spaces, and vegetation zones that provide critical habitat for wildlife, stabilize soil, and support biodiversity.
When such areas are not protected, the consequences are irreversible: habitat fragmentation, increased erosion, reduced air and water quality, and the displacement of native species.
Unchecked development degrades these natural assets, diminishing their ecological function and scenic value.
Establishing a Viewshed Preservation Overlay is a proactive step toward sustainable growth that respects both environmental and aesthetic concerns. It aligns with Montebello’s commitment to long-term ecological stewardship, community well-being, and responsible land use.
I urge you and the City Council to approve this amendment and safeguard the natural beauty and ecological resilience that make Montebello a unique and thriving place to live.
Thank you for your time and consideration.
Sincerely,
Rosalinda Torres
ITEM # 23
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Luis Lopez, Police Chief
SUBJECT: APPROVE PURCHASE OF TWO POLICE SERVICE DOGS AND
NECESSARY AND RELATED EQUIPMENT AND TRAINING FROM
ADLERHORST INTERNATIONAL, LLC
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve the purchase of two (2) police service dogs, related equipment and training as allowed by Montebello Municipal Code section 3.20.050(G) – Piggyback Purchase, utilizing the existing Riverside County Sheriff’s Office competitive bidding process award (Request for Quote # SHARC-588) to Adlerhorst International, LLC; and
2. Authorize the City Manager to execute all necessary documents related to the purchase of the police service dogs, equipment and training; and
3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $50,000 in Account No. 230-99-6000.40 (Asset Forefiture, Supplies - Durable); and,
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total cost of two dual-purpose police service dogs, related equipment (leashes, collars, food bowls, training aids, etc), and the required training would not exceed $50,000. This expenditure will be fully funded through the drug asset forfeiture fund. The recommended actions require amending the budget by increasing appropriations by $50,000 in Account No. 230-99-6000.40 (Asset Forefiture, Supplies - Durable).
The Drug Asset Forfeiture account is a “Special Revenue Fund” and the request abides by the Financial Goal, Principles and Objectives Section 2(a), which states: “The City shall abide by applicable rules and regulations pertaining to the expenditure of special
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
revenue funds as required by each funding source.”
Given the critical operational needs of the department and the significant lead time it takes to acquire and train the police service dogs and handler officers – staff recommend proceeding outside the City’s standard procurement process. Therefore, Staff recommend procurement of the two (2) police service dogs, equipment and training by piggybacking off the Riverside County Sheriff’s Office competitive bid process (Request for Quote # SHARC-588 -- Acquisition of Canines, Equipment and Specialized Training) (Attachment B) with the police service dog vendor Adlerhorst International, LLC (Attachment A) as allowed per Montebello Municipal Code 3.20.050(G):
Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the city, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.
BACKGROUND/DISCUSSION:
The Montebello Police Department has utilized police service dogs to help detect illegal contraband and dangerous, often armed, criminals for the past 40 plus years. The Department’s canine unit is typically staffed with two officers who are assigned to patrol. They are staffed during the most critical and high activity times of each day to provide the city and officers with optimal safety and coverage. This coverage cannot be accomplished without two police service dog teams. It should be noted that the police department already has two vehicles for the canine unit, so no additional expense is required for vehicles.
Due to previous staffing levels, the Police Department was not able to staff more than one canine unit position. Now that the Department has been successful in recruiting and retaining police officers, the second canine unit position can be filled.
In addition, and due to unfortunate circumstances, the current police service dog named “Herc” has been diagnosed with a medical condition that prevents him from continuing as a police service dog. Canine Herc will be retired to live out the remainder of his life with his current handler. The intention of the Department is to replace Canine Herc immediately and then fill the second canine unit position within the 2025-26 Fiscal Year.
The Police Department currently uses Adlerhorst International, LLC, as its primary canine vendor and trainer. The Department has primarily used Adlerhorst since the canine unit’s inception. Adlerhorst International, LLC is a reputable and robust company that supplies police service dogs and training to police agencies across the country. They also supply police service dogs to multiple branches of the U.S. military. Their highly experienced and knowledgeable staff as well as their close proximity to the City of Montebello (i.e., Jurupa Valley) make them the ideal vendor for the Department’s needs.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
Furthermore, Adelhorst has agreed to honor the terms and conditions of the County of Riverside Request for Quote # SHARC-588 (Attachment A). Montebello Municipal Code Section 3.20.050(G) -- Piggyback Purchase, allows for the use of the Riverside County request for quote for the acquisition of two canine dogs, equipment and necessary training (Attachment B).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
The Police Department requires procurement of two (2) police service dogs, related equipment, and training using asset forfeiture funds. This is an acceptable use of asset forfeiture funding that will not supplant existing budget appropriations. The police department also requests to procure the police service dogs, equipment and training utilizing the "Piggyback" procurement provision in MMC section 3.20.050(G) utilizing the Riverside County Sheriff's competitive bid contract #SHARC-588 (Attachment B). The recommended actions require amending the budget by increasing appropriations in Account No. 230-99-6000.40 (Asset Forefiture, Supplies - Durable).
ATTACHMENT(S)
1. Attachment A - Letter From Adlerhorst
2. Attachment B - RSO K9 Contract
ATTACHMENT A
ATTACHMENT B
ITEM # 24
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: AUTHORIZE AN INCREASE TO THE PURCHASING AMOUNT FOR DELL MARKETING LP AND CPACINC FOR FISCAL YEAR 2025-26
DATE: October 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize a purchasing amount of $100,000 to Dell Marketing LP for purchases during Fiscal Year 2025-26 utilizing NASPO Master Agreement 23026, as authorized by Montebello Municipal Code Section 3.20.050(F) - Cooperative Purchase; and
2. Authorize a purchasing amount of $100,000 to CPACinc for purchases during Fiscal Year 2025-26 utilizing OMNIA Partners Contract #R250307 with TD Synnex Corporation, as authorized by Montebello Municipal Code Section 3.20.050(F) - Cooperative Purchase; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Information Technology Division (DoIT) utilizes Dell Marketing LP (Dell) and CPACinc. (CPAC) for equipment purchases such as laptops, webcams, speakers, keyboard/mouse combos, monitors, servers, and network switches for various departments within the City.
The City frequently reaches the $50,000 annual spending limit and requires City Council approval to make additional purchases. In order to avoid disruption of services, DoIT Staff are requesting authority of up to $100,000 for both CPAC and Dell to continue purchasing supplies/equipment for the remainder of Fiscal Year 2025-26. No budget appropriations are required, as each department will continue to use its existing approved budget for these purchases.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
The purchases will be made utilizing the exception allowed per Montebello Municipal Code, Section 3.20.050(F) - Cooperative Purchase:
Section 3.20.050(F) - Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program.
The City has membership with various cooperative purchase entities and will be using a contact through NASPO Master Agreement 23026 (Attachment A) for the procurement of Dell products and OMNIA Partners Contract #R250307 (Attachment B) with TD Synnex Corporation to procurement software provided by CPAC.
BACKGROUND/DISCUSSION:
The City’s Information Technology Division (DoIT) manages all Dell and CPAC purchase orders on behalf of all City departments. Essential technology equipment such as desktops, laptops, webcams, speakers, keyboard/mouse combos, monitors, servers, switches, and other related accessories that support operational efficiency and service delivery are provided by Dell, whereas vital software for DoIT's daily operations, including Managed Engine, Endpoint Central and AD Self Service, are provided by CPAC.
Requests and purchases are frequently made by City departments when new staff are onboarded, and bulk orders are made for programs to support the Fire Academy, EOC operations, and Transit operations. Additionally, the IT Division procures Panasonic Toughbooks and vehicle docks for the Police Department, Fire Department and Code Enforcement Division through CPAC. Departments submit their equipment needs or requests to DoIT for review, who then open purchase orders for Dell or CPAC as needed to maintain an organized and efficient purchasing process.
The City is requesting additional purchasing authority up to $100,000 for FY 2025-26 for Dell due to the cost savings on technological equipment purchases and its compatibility with a wide range of hardware and software. Pricing is often significantly lower for the needed equipment when purchased directly from Dell, and the vendor provides next-day delivery at no additional cost. Additionally, hardware purchases made through Dell include a three (3)-year on-site, next-day warranty by default. Dell’s wide variety of items and access to discounted software make it a cost-effective and reliable option.
Similarly, the City is requesting the additional purchasing authority up to $100,000 for FY 2025-26 for CPAC as they have consistently provided the most competitive resale pricing for essential hardware and software that is vital for the function of all City Departments.
A cooperative purchasing contract through the National Association of State Procurement Officials (NASPO) is utilized for purchases with Dell (Attachment A). NASPO offers competitively bid contracts which meet or exceed local purchasing requirements for use by the public sector. The City is eligible to utilize pre-negotiated pricing through their publicly vetted agreement with Dell. Therefore, purchases do not require quotes — per Municipal Code Chapter 3.20.050(F) -- which allows for purchases to be made through
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025
cooperative purchasing programs. In a similar fashion, a cooperative purchasing agreement through Omnia Partners (Omnia) (Attachment B) is utilized for all purchases with CPAC. Cooperative contract purchasing opportunities save participating agencies time and money for procurement of needed equipment and services.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
It is recommended that the City Council authorize the purchasing amount of $100,000 to Dell Market LP and $100,000 to CPACinc for purchases during Fiscal Year 2025-26 utilizing cooperative purchase contracts through NASPO Master Agreement 23026 (Attachment A) for the procurement of Dell products and OMNIA Partners Contract #R250307 (Attachment B) with TD Synnex Corporation to procurement software provided by CPAC. MMC Section 3.20.050(F) - Cooperative Purchase allows for the use of these competitively bid contracts to purchase the various information technology equipment and software.
ATTACHMENT(S)
1. Attachment A - Dell Marketing NASPO Agreement
2. Attachment B - CPACINC Omnia Partners Agreement
Amendment No. 2 to NASPO Master Agreement 23026 Page 1 of 1 AMENDMENT NO. 2 TO NASPO MASTER AGREEMENT 23026
THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing, L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor”).
WHEREAS, the State has an agreement with the Contractor identified as NASPO Master Agreement 23026, July 14, 2023, through June 30, 2025 (“Master Agreement”), to provide Computer Equipment, Peripherals, & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Master Agreement allow the State to amend the Master Agreement as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Master Agreement.
NOW, THEREFORE, it is agreed by the parties to amend the Master Agreement as follows:
1. That Master Agreement 23026 is extended to June 30, 2026, at the same terms, conditions, and pricing.
This Amendment is effective beginning June 30, 2025, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Master Agreement is canceled, whichever occurs first.
Except as herein amended, the provisions of the Master Agreement between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. DELL MARKETING, L.P.
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
2. OFFICE OF STATE PROCUREMENT
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Signature
Printed Name
Title:
Date:
3. COMMISSIONER OF ADMINISTRATION
Or delegated representative.
By:
Signature
Printed Name
Title:
Date:
Docusign Envelope ID: BC6D22B7-B2CB-4DE8-99A8-1F7E4E79622D Katherine Castillo
ParaLegal Advisor
3/31/2025
Acquisition Management Specialist
3/31/2025
Elizabeth M. Randa
Acquisitions Manager
Luke Jannett
3/31/2025
Attachment A
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Assignment of NASPO Master Agreement 23004 Page 1 of 3
ASSIGNMENT OF NASPO MASTER AGREEMENT 23004
This Assignment Agreement is by and among the State of Minnesota, acting through its Commissioner of Administration (State), Dell Inc., One Dell Way, Round Rock, TX 78682 (Original Contractor), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (Assigned Contractor).
WHEREAS, the State has an agreement with the Original Contractor identified as Contract 23004, effective July 14, 2023, through June 30, 2025 (Contract), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, the Original Contractor wishes to assign all its interests in the Contract to the Assigned Contractor; and WHEREAS, the assignment provision of the Contract provides assignment of the agreement only upon written consent of the State.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. The Assigned Contractor is assigned Contract 23026 to accommodate participating addenda under the Master Agreement.
2. This Assignment Agreement will become effective upon its approval and execution by the parties and approval of the appropriate State officials, pursuant to Minn. Stat. § 16C.05, subd. 2.
3. The State hereby approves the request of the Original Contractor to assign the Assigned Contractor all its interests, rights, and responsibilities, duties, and other provisions set forth in the Contract, which is attached and incorporated as Exhibit A, provided the Original Contractor and the Assigned Contractor agree to all provisions set forth in this Assignment Agreement.
4. Representations and Warranties:
a. The Original Contractor represents and warrants to the State that it is not in default of any of its obligations under the Contract.
b. The Assigned Contractor represents and warrants to the State that: (i) as of the effective date of this Assignment Agreement, the Assigned Contractor will have received sufficient information, right to technology, and key personnel sufficient to properly perform the duties, responsibilities, obligations, and all other provisions assigned to it, and (ii) the Assigned Contractor is ready, willing, and able to perform all of the duties, obligations, and responsibilities of the Contract. c. The representations and warranties set forth in this Section 4 are for the sole benefit of the State and its permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity (including the Original Contractor and the Assigned Contractor) any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Assignment Agreement.
5. The Assigned Contractor accepts assignment of all of the provisions of the Contract.
6. Any and all amounts due to the Original Contractor by a Participating Entity for goods or services provided by the Original Contractor prior to July 14, 2023, under the Contract will be paid to the Original Contractor by the Participating Entity. Any and all amounts due under the Contract on or after July 14, 2023, will be paid to the Assigned Contractor by the Participating Entity and the Original Contractor.
7. When applicable, payment for remaining work and travel expenses from the Contract will be paid at the rates set in the Contract. The amount to be paid to the Assigned Contractor will not exceed the Contract’s total costs, minus the
ATTACHMENT A
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Assignment of NASPO Master Agreement 23004 Page 2 of 3
total payments made to the Original Contractor.
8. If applicable, the Assigned Contractor will provide proof of insurance with the coverage and in the amounts called for in the original solicitation document, attached herein.
9. If applicable, the Assigned Contractor will provide a copy of its Affirmative Action Certification as approved by the Minnesota Department of Human Rights.
10. If applicable, the Assigned Contractor will provide a copy of its Equal Pay Certification as approved by the Minnesota Department of Human Rights.
This Assignment Agreement is effective upon the date that the final required signatures are obtained.
IN WITNESS WHEREOF, the parties have caused this Assignment Agreement to be duly executed intending to be bound thereby.
1. ORIGINAL CONTRACTOR
Dell Inc.
The Original Contract Vendor certifies that the appropriate person(s) have executed this document on behalf of the Contract Vendor as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Title:
Date:
3. OFFICE OF STATE PROCUREMENT
In accordance with Minn. Stat. §16C.03, Subd. 3.
By:
Signature
Printed Name
Title:
Date:
2. ASSIGNED CONTRACTOR
Dell Marketing L.P.
The Assigned Contract Vendor certifies that the appropriate person(s) have executed the Contract on behalf of the Contract Vendor as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
Or delegated representative.
By:
Signature
Printed Name
Title:
Date:
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Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Assignment of NASPO Master Agreement 23004 Page 3 of 3
EXHIBIT A: CONTRACT
Attached and incorporated into Exhibit A is the following document(s):
x NASPO Master Agreement 23004.
NASPO ValuePoint Master Agreement No.: 23004
This Contract is between the State of Minnesota, acting through its Commissioner of Administration (“Lead State”) and Dell Inc., whose designated business address is One Dell Way, Round Rock, TX 78682 (“Contractor”). State and Contractor may be referred to jointly as “Parties.”
Recitals
1. The State of Minnesota, Department of Administration, O ffice of State Procurement, on behalf of the State of Minnesota and NASPO ValuePoint Cooperative Procurement Program (“NASPO ValuePoint”) issued a solicitation to establish Minnesota NASPO ValuePoint Master Agreement(s) (“Contract”) with qualified manufacturers for Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage, including related Peripherals & Services);
2. Contractor provided a response to the Solicitation indic ating its interest in and ability to provide the goods or services requested in the Solicitation; and
3. Subsequent to an evaluation in accordance with the term s of the Solicitation and negotiation, the Parties desire to enter into a contract; and
4. All authorized governmental entities in any state or participating US Territory are welcome to use the resulting Master Agreement through NASPO ValuePoint with the approval of the State Chief Procurement Official. Upon final award of the overarching Master Agreement, Contractors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add state specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement.
Accordingly, the Parties agree as follows:
Contract
Term of Contract
Effective date. July 1, 2023, or the date the Lead State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later.
Expiration date. June 30, 2025. This Master Agreement may be extended for up to an additional 36 months, in increments as determined by the Lead State, through a duly executed amendment.
If, in the judgment of the Lead State, a follow-on, competitive procurement will be unavoidably delayed beyond the planned date of execution of the follow-on master agreement, this Master Agreement may be extended for a reasonable period of time, not to exceed six months. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions.
Representations and Warranties
Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the Lead State is empowered to engage such assistance as deemed necessary.
Contractor warrants that it is duly qualified and shall perform its obligations under this Master Agreement in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, trade, or profession, and in accordance with the specifications set forth in this Master Agreement, to the satisfaction of the Lead State.
Contractor warrants that it possesses the legal authority to enter into this Master Agreement and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Master Agreement, or any part thereof, and to bind Contractor to its terms.
Awarded Band(s)
The solicitation included three product Bands: Band 1, Personal Computing Devices – Windows Operating Systems:
Desktops, Laptops, Tablets; and Band 2, Personal Computing Devices – Non-Windows Operating Systems: Desktops, Laptops, Tablets; and Band 3, Servers and Storage. The Contractor is awarded the following Band(s):
Band 1, Personal Computer Devices – Windows Operating Systems Band 2, Personal Computer Devices - Non-Windows Operating Systems Band 3, Servers and Storage
Configuration Dollar Limits
The following configuration limits apply to the Master Agreement. Participating Entities may define their configuration limits in their Participating Addendum. The Participating Entity’s Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating Entity will determine with the Contractor how to approve these modifications to the Product and Service Schedule.
The dollar limits identified below are based on a SINGLE computer/system configuration. This is NOT a restriction on the purchase of multiple configurations (e.g., an entity could purchase 10 laptops at $15,000 each, for a total purchase price of $150,000).
ITEM CONFIGURATION
Band One $15,000
Band Two $15,000
Band Three $1,000,000
Peripherals $10,000
Services Addressed in th e Participating Addendum
Restrictions
The following restrictions apply to the Master Agreement. A Participating Entity may set further restrictions of products in their Participating Addendum. The Participating Entity will determine with the Contractor how to approve these modifications to the Entity’s Product and Service Schedule.
Software
Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits.
Any software purchased must be related to the procurement of equipment.
Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment, except for the exceptions allowed under Paragraph 5.a.4.
Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 3) purchased, is allowed and may be procured after the initial purchase of equipment.
General Services
Services must be related to the procurement of equipment.
Service limits will be addressed by each State.
Wireless phone and internet service is not allowed.
Managed Print Services are not allowed.
Cloud Services
Cloud Services are restricted to Services that function as operating systems and software needed to support or configure hardware purchased under the scope of the contract and is subject to equipment configuration limits.
Any Cloud Service purchased must be related to the procurement of equipment.
Third-Party Products
Third-Party Products can be offered only in the Bands they have been awarded. All third-party products must meet the definition(s) of the Band(s) in which they are being offered.
Products manufactured by another Contractor holding a Minnesota NASPO ValuePoint Master Agreement for Computer Equipment cannot be offered unless approved by the Lead State.
Additional Product/Services
Hardware and software required to solely support wide area network (WAN) operation and management are not allowed.
Lease/Rentals of equipment may be allowed and will be addressed by each State.
Cellular Phone Equipment is not allowed.
EPEAT Bronze requirement may be waived, on a State case-by-case basis, if approved by the State’s Chief Procurement Officer. EPEAT Bronze requirement does not currently apply to storage.
Authorized Representative
Master Agreement Administrator. The Master Agreement Administrator designated by NASPO ValuePoint and the State of Minnesota, Department of Administration is Elizabeth Randa, Acquisition Management Specialist.
Elizabeth Randa, Acquisition Management Specialist
Department of Administration
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
E-mail: [email protected]
Phone: 651.201.3122
Contractor’s Authorized Representative. The Contractor's Authorized Representative is Ashley Salinas, SLED Contract Program Manager.
Ashley Salinas, SLED Contract Program Manager
Dell Inc.
One Dell Way
Round Rock, TX 78682
[email protected]
Phone: 512.542.1237
If the Contractor’s Authorized Representative changes at any time during this Contract, the Contractor must immediately notify the Lead State.
Notices
If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. An email shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed to the Master Agreement Administrator.
Exhibits
The following Exhibits are attached and incorporated into this Contract. In the event of a conflict between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the Contract, and then in the following order:
Exhibit A: NASPO ValuePoint Terms and Conditions
Exhibit B: Minnesota Terms and Conditions
Exhibit C: Requirement
Exhibit D: Price Schedule
Exhibit E: Contractor Terms and Conditions
Survival of Terms:
The following clauses survive the expiration or cancellation of this Master Agreement: Indemnification; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. Any other Contract term that states it shall survive, shall survive.
Entire Agreement
This Contract and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement.
1. Contractor
The Contractor certifies that the appropriate
person(s) have executed the Contract on behalf of
the Contractor as required by applicable articles,
bylaws, resolutions, or ordinances.
2. State Agency
With delegated authority
Print name: Print name:
Signature: Signature:
Title: Date: Title: Date:
3. Commissioner of Administration
As delegated to The Office of State Procurement
Print name:
Signature:
Title: Date:
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Exhibit A: NASPO ValuePoint Master Agreement Terms and Conditions Conflict of Terms/Order of Precedence.
Any order placed under this Master Agreement shall consist of the following documents:
A Participating Entity’s Participating Addendum (“PA”); Minnesota NASPO ValuePoint Master Agreement, as negotiated, including all exhibits; A Purchase Order issued against a PA (terms and conditions set forth in a Purchase Order will not be deemed to modify, diminish, or otherwise derogate the terms and conditions set forth in a Participating Addendum or Minnesota NASPO ValuePoint Master Agreement).
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.
Contractor terms and conditions may be incorporated if expressly accepted by the Lead State and attached to the Master Agreement as an Exhibit or Attachment, or by written reference (including reference to information contained in a URL or referenced policy). A written reference, including by URL or policy, is incorporated into the Master Agreement only if the Master Agreement expressly identifies that reference. URL’s must be explicitly referenced to be incorporated into the Master Agreement. URL’s contained within the URL’s that are explicitly referenced are not incorporated into the Master Agreement. Any Contractor term or condition incorporated by URL or written reference applies to this Master Agreement only to the extent such term or condition is not prohibited by applicable law. Any change to information contained in a URL or referenced policy will not affect any financial obligation, place any additional material obligation on an ordering entity, or materially diminish an ordering entity’s ability to use the product or service.
A written Master Agreement (which may include the contents of the RFP and selected portions of Contractor’s response incorporated therein by reference) will constitute the entire agreement of the parties to the Master Agreement. No other terms and conditions shall apply, including terms and conditions listed in the Contractor’s response to the RFP, or terms listed or referenced on the Contractor's website not otherwise incorporated into the Master Agreement, in the Contractor quotation/sales order, or in similar documents subsequently provided by the Contractor.
Additional Agreement with NASPO. Upon request by NASPO ValuePoint, awarded Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to Contractor’s obligations to NASPO ValuePoint under the terms of the Master Agreement, the terms of which shall be the same or similar (and not less favorable) than the terms set forth in the Master Agreement.
Definitions.
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.
Accessory means a product that enhances the user experience but does not extend the functionality of the computer (e.g. mouse pad or monitor stand). For the purposes of this Contract, accessories are considered peripherals.
_____ as a Service (_aaS) refers to any good provided in a subscription-based model that is defined in the industry as “_____ as a Service”. Examples are “Software as a Service”, “Infrastructure as a Service”, and “Storage as a Service”, and shall follow the NIST definitions of those services. ____ as a Service are permitted only when they meet the restrictions found in Paragraph 5.c, above.
Band means a category of products. There are three product bands which may be awarded through this Contract. Each product band includes related peripherals and services.
Components are the parts that make up a computer configuration.
Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement.
Configuration means the combination of hardware and software components that make up the total functioning system.
Customer (see Purchasing Entity).
Desktop means a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: (1) the processor, 2) display monitor, and 3) input devices usually a keyboard and a mouse. Desktops, including desktop virtualization endpoints such as zero and thin clients, are included in Bands 1 and 2 of this Contract.
Embedded Software means one or more software applications which permanently reside on a computing device.
Energy Star® is a voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency.
The Energy Star program makes it easy to identify energy efficient computers by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.energystar.gov.
EPEAT is a type-1 ecolabel for identifying and purchasing sustainable IT products. EPEAT-registered products must meet sustainability criteria detailed in voluntary consensus-based standards that are free and publicly available on the Green Electronics Council’s website at www.greenelectronicscouncil.org. Products are classified as Bronze, Silver, or Gold based on meeting criteria that address the life cycle of the products. Product life cycle includes material extraction, hazardous substance reduction, end-of-life management, packaging, and corporate sustainability. Only products listed as Active in the online EPEAT Registry are considered to meet the EPEAT criteria.
FOB Destination means that shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required.
FOB Inside Delivery means that shipping charges are included in the price of the item, and that the shipped item becomes the legal property and responsibility of the receiver when it reaches the inside delivery point, which is beyond the front door or loading dock. FOB Inside Delivery is a special shipping arrangement that may include additional fees payable by the Purchasing Entity. FOB Inside Delivery must be annotated on the Purchasing Entity ordering document.
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.
Laptop means a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad, and speakers in a single unit. A laptop can be used away from an outlet using a rechargeable battery.
Laptops include notebooks, ultrabooks, netbooks, Zero and thin client devices, and computers with mobile operating systems. Laptops are included in Bands 1 and 2 of this Contract.
Lead State means the State centrally administering any resulting Master Agreement(s).
Mandatory Requirement is a requirement that the failure to meet results in the rejection of the responder’s proposal unless all responders are unable to meet the mandatory requirement. The terms “must” and “shall” identify a mandatory requirement. Any objection to a mandatory requirement should be identified by responders in the Question and Answer period.
Manufacturer means a company that, as one of its primary business functions, designs, assembles, owns the trademark/patent for, and markets branded computer equipment.
Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of NASPO ValuePoint, and the Contractor.
Middleware means the software “glue” that helps programs and databases (which may be on different computers) work together. The most basic function of middleware is to enable communication between different pieces of software.
NASPO ValuePoint is a division of the National Association of State Procurement Officials (“NASPO”), a 501(c)(3) limited liability company. 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 receiving reports as well as other contract administration functions as assigned by the Lead State.
Option means an item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features.
Order or Purchase Order means any purchase order, sales order, contract or other method 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 (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.
Participating State means a state that has executed a Participating Addendum.
Partner means a company, authorized by the Contractor and approved by the Participating Entity, to provide marketing, support, or other authorized contract services on behalf of the Contractor in accordance with the terms and conditions of the Contractor’s Master Agreement. A Partner may include, but is not limited to, an agent, subcontractor, fulfillment partner, channel partner, business partner, servicing subcontractor, etc.
Peripherals means any hardware product that can be attached to, added within, or networked with personal computers, servers, or storage. Peripherals extend the functionality of a computer without modifying the core components of the system.
Per Transaction Multiple Unit Discount means a contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase.
Premium Savings Package(s) (PSP) are deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. NASPO ValuePoint reserves the right to expand and modify the PSP throughout the life of the contract. For more information see: https://www.naspovaluepoint.org/portfolio/57/.
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 (including the District of Columbia and U.S. territories), city, county, district, other political subdivision of a state, other public entities domestic or foreign, and nonprofit organizations under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order under the terms of the Master Agreement, or any Participating Addendum thereto, and becomes financially committed to the purchase.
Ruggedized means equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures, and wet or dusty conditions. Ruggedized equipment may be proposed under the band that most closely fits the equipment being proposed.
Server means computer hardware dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. Servers may be either physical or virtual. Servers, including server appliances, are included in Band 3 of this Contract. Server appliances have their hardware and software preconfigured by the manufacturer, and include embedded networking components such as those found in blade chassis systems.
Services are broadly classified as installation or de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These classifications of services may include, but are not limited to: warranty services, maintenance, installation, de-installation, factory integration (software or hardware components), asset management, recycling or disposal, training and certification, pre- implementation design, disaster recovery planning and support, service desk or helpdesk, imaging, and any other directly related technical support service required for the effective operation of a product offered or supplied.
Contractors may offer limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts.
EACH PARTICIPATING ENTITY WILL DETERMINE RESTRICTIONS AND NEGOTIATE TERMS FOR SERVICES THROUGH THEIR PARTICIPATING ADDENDUM.
Software means, for the purposes of this Contract, commercial operating off the shelf machine-readable object code instructions including microcode, firmware, and operating system software that meet the restrictions specified
in Paragraph 5.a. “Software” applies to all parts of software and documentation, including new releases, updates, and modifications of software.
Storage means hardware or a virtual appliance with the ability to store large amounts of data. Storage, including SAN switching necessary for the proper functioning of storage equipment, is included in Band 3 of this Contract Storage Area Network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users.
Tablet means a mobile computer that provides a touchscreen that acts as the primary means of control. Tablets, including notebooks, ultrabooks, and netbooks with touchscreen capabilities, are included in Bands 1 and 2 of this Contract.
Takeback Program means the Contractor’s process for accepting the return of equipment or other products at the end of the product’s life.
Thin Client is a lightweight computer that has been optimized for establishing a remote connection with a server-based computing environment.
Third Party Product is a good sold by the Contractor that is manufactured by another company. Third Party Products are intended to enhance or supplement a Contractor’s own product line, and are not intended to represent more than a third of any Contractor’s total sales under this Master Agreement.
Upgrade means the replacement of existing software, hardware, or hardware component with a newer version.
Warranty means the Manufacturer’s general warranty tied to the product at the time of purchase.
Wide Area Network (WAN) is a data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers.
Term of the Master Agreement.
The initial term of this Master Agreement is for 2 years. This Master Agreement may be extended beyond the original contract period for 36 additional months at the Lead State’s discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance.
The Master Agreement may be extended for a reasonable period of time 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.
Amendments.
The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without a written amendment to the Master Agreement executed by the Contractor and Lead State as required by law. Master Agreement amendments will be negotiated by the Lead State with the Contractor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work.
Participants and Scope.
Canadian Participation. Subject to the approval of Contractor, any Canadian provincial government or provincially funded entity in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador,
Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, and territorial government or territorial government funded entity in the Northwest Territories, Nunavut, or Yukon, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations, may be eligible to use Contractor's Master Agreement. Canadian Participation. Subject to the approval of the Contractor, any Canadian provincial government or provincially funded entity in Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, Northwest Territories, Nunavut, Yukon, and Newfoundland and Labrador, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations, may be eligible to use Contractor's Master Agreement.
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 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.
Use of specific NASPO ValuePoint 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.
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.
NASPO and NASPO ValuePoint are not parties to the Master Agreement.
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 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; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect.
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.
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 Master Agreement, 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.
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.
Independent Contractor.
The Contractor is 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 an agent except as expressly set forth herein or as expressly agreed in any Participating Addendum.
Contracting Personnel.
Contractor must provide adequate contracting personnel to assist states with the completing and processing Participating Addenda. It is preferred that each Contractor be able to provide each Participating Entity with a primary contact person for that Participating Entity.
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. Such approval shall not be unreasonably withheld.
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.
Contractor Verification.
The Contractor is responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contractor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. The term Partner will be utilized in naming the relationship a Contractor has with another company to market and sell under the contract. Participating Entities will have final determination/approval if a Partner may be approved for that state in the role identified by the Contractor.
Contractor Performance Meeting.
An annual performance meeting may be held each year with the NASPO ValuePoint Sourcing Team. Historically performance meetings have been held in Minnesota, but the Lead State may hold the meetings in person or virtually at the Lead State’s discretion.
All contractors that are invited to participate must send their Primary Account Representative, unless an exception is granted in writing by the Lead State. It is possible that not all contractors will be invited to participate in a performance meeting.
Laws and Regulations.
Any and all Products offered and furnished shall comply fully with all applicable Federal, State, and local laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. To the extent any purchase is subject to Federal Acquisition Regulations, as may be required by the terms of a federal grant, a Participating Entity and Contractor may include in their Participating Addendum terms that reflect such a requirement.
Price and Rate Guarantee Period.
All minimum discounts and rates must be guaranteed for the initial term of the Master Agreement. Following the initial Master Agreement period, any request for minimum discount or rate adjustment must be for a guarantee period as offered by the Contractor, and must be made at least 30 days prior to the effective date. Requests for minimum discount or rate adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead State. No retroactive adjustments to minimum discounts or rates will be allowed.
Premium Savings Package Program.
The Lead State reserves the right to create a Premium Savings Package Program (PSP) as outlined in the Definitions, Paragraph 2.ee of Exhibit A. Participation by Contractor is voluntary. The details and commitments of the PSP will be detailed as a part of any request for Contractor to participate.
Services.
Participating Entities must explicitly allow services in their Participating Addenda for the approved services to be allowed under that Participating Addendum. The Participating Addendum by each Participating Entity will address service agreement terms and related travel.
Ordering.
Master Agreement and purchase order numbers shall be clearly shown on all acknowledgments, packing slips, invoices, and on all correspondence.
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.
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 or services contemplated by this Master Agreement.
Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity.
Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement.
All Orders pursuant to this Master Agreement, at a minimum, shall include:
The service description or supplies being delivered;
The place and requested time of delivery;
A billing address;
The name, phone number, and address of the Purchasing Entity representative; The price per hour or other pricing elements consistent with this Master Agreement and the contractor’s proposal;
A ceiling amount of the order for services being ordered; The Master Agreement identifier; and
Statement of Work, when applicable.
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.
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. 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.
Notwithstanding the expiration, cancellation 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, cancellation 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.
Trade-In.
Any trade-in programs offered during the life of the Master Agreement must be approved by the Lead State.
Participating Entities must explicitly allow trade-in programs in their Participating Addenda for the approved programs to be allowed under that Participating Addendum. Trade-in value shall not decrease the discounts offered through the Master Agreement.
Shipping and Delivery.
The prices are the delivered price to any Purchasing Entity for standard 3-5 day shipping. If an order is requested with expedited shipping, the Contractor must provide a firm “not to exceed” price for the expedited shipping on the quote. All deliveries shall be FOB 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. 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.
Specific delivery instructions, including FOB Inside Delivery, 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 promptly notify the Purchasing Entity placing the Order.
All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipment shall be marked with the Purchasing Entity’s Purchase Order number and other information sufficient for the Purchasing Entity to properly identify the shipment as outlined in the Participating Addendum of the Purchasing Entity.
Inspection and Acceptance.
Where the Master Agreement, a Participating Addendum, 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.
Acceptance. Purchasing Entity shall determine whether all Products and Services delivered meet the Contractor's published specifications. No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. Failure to reject upon receipt, however, does not relieve the Contractor of liability for latent or hidden material defects. 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. The warranty period shall begin upon Acceptance. If the parties agree to acceptance testing, the terms of subsection (c), below, apply.
Acceptance Testing. The Purchasing Entity and the Contractor shall determine if Acceptance Testing is applicable and required for the purchase. “Acceptance Testing” means the process for ascertaining that the Product meets the standard of performance prior to Acceptance by the Purchasing Entity.
The Acceptance Testing period shall be thirty (30) calendar days starting from the day after the Product is delivered or, if installed, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the standard of performance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of performance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor.
No Product shall be deemed Accepted and no charges shall be paid until the standard of performance is met. 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 substantially 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. The warranty period shall begin upon Acceptance.