ATTACHMENT 2
Justification for Utilizing a Piggyback Contract
Piggyback or Lead Agency: Department of General Services, Procurement Division Contract No./Description: 7-23-99-48-01
Vendor(s) Name(s): Mohawk Lifts, LLC
Ne have reviewed and completed due diligence on the aforementioned piggyback contract. As part of the du diligence review, we have confirmed that the contract complies with our procurement rules and practices. We have further confirmed that all purchases will comply with the terms and prices in the contract. It has been determined that it is in the best interests of the City to utilize this contract for the reasons cited below:
Item Issue Comments
1 Is there a Piggyback Purchase Agreement allowing use of the Yes contract? If "Yes", please attach to this form.
2. Are there local suppliers or contractors who could provide the No product or service at competitive rates?
3. A copy of the solicitation has been obtained from the Yes originating agency and reviewed for compliance with the City's purchasing ordinance. Please attach to this form.
4. A written documentation has been made of a thorough Yes investigation of the current market and determination that the originating agency's' solicitation is the most advantageous
5. Does the cooperative contract provide the most advantageous /Yes, DGS contract pricing in solution? Why? place.
Factors may include advantageous terms, conditions, prices, quality, performance, timing, experience & ability to perform
6. The specifications of the item or service required by the City Yes are not materially different from those originally specified in the originating agency's solicitation
The price of the purchase is lower than that estimated for :
7. Yes
the purchase If made directly by the City pursuant to the purchasing ordinance
8. The price of the purchase is within fifteen percent (15%) or Yes $2,500 of the originating agency's solicitation
9. The contract resulting from the original solicitation is Yes current or the solicitation is within thirty-six (36) months from the date of the City's order, or written justification is provided justifying use of an older solicitation
Dee Karnes 051112024 Dee Karnes
Signature Date Requisitioner Name
Tingic 7. Живову. 05/14/2024 Tawfic Halaby, Deputy
Signature Date Department Head Name
5/17/2074 Andrea Miller
Signature Date Director of Finance Name
August 22, 2023
HUNTER
MOHAWK LIFTS Engineering Company
For purchase of Hunter equipment using:
Vendor: MOHAWK LIFTS LLC California_NASPO State Contract # PO Box 110, Amsterdam, NY 12010 7-23-99-48-01
[email protected] Valid: 07/11/2023 - 03/31/2028
Karly 800-833-2006 x7777
All quoted equipment has been Competitively Bid and Competitively Awarded on Callfornia_NASPO State Contract #I 7-23-99-48-01, and is Guaranteed Best government pricing. Freight, Installation, Training & Training Certificates Included @ No Charge.
QUOTE NUMBER QUOTE DATE
CUSTOMER
Eric Betances Richmond.HE421ML.050924-1 5/10/2024
City of Richmond Freight Terms: FOB Destination, Prepaid 6 13 St Richmond, CA 94801 Payment Terms: Net 45
[email protected] Lead Time: up to 90 Business Days ARO 510-231-3035 Good Through: May 30, 2024
CONTRACT
PART # DESCRIPTION QTY LIST PRICE TOTAL
PRICE
Extended length Scissor Lift, surface mount, FIA (Standard wireless connectivity), RX14KLPS PowerSlide, 14,000lb capacity, 195" 2WA WB, (2) 9,000lb Swing Jacks, PowerSlide 1 $ 56,208.84 $ 43,938.52 $ 43,938.52 turnplates.
Aligner with New premium compact cabinet and 27" Wide Screen LCD Display. 1 $ 21,458.91 $ 16,774.46 $ 16,774.46 WA674
HE421ML Sensors-Manual lift provides full range of travel for additional lift height or to HE421ML work with vehicle on the floor. Includes 4 Cameras, Three Dimensional Targets, QuickGrip 1 $ 19,372.96 $ 15,143.87 15,143.87 Wheel Adaptors, turnplate bridges.
Add'l Marketing & Promotional Discount 1 $ $ $ (2,964.00) Discount
Click here for Mohawk Lifts LLC Form W9: mohawklifts.com/w9 Subtotal $ 72,892,85 Sales Tax (If applicable) $ 7,107.05
NOTES: TOTAL $ 79,999.90
This quotation is subject to the terms and conditions noted on the following page 30.00 V3.23
TERMS AND CONDITIONS
1) This order is subject to the standard terms and conditions of the above named contract and the corresponding master agreement, which are hereby incorporated by reference and accessible at www.govlifts.com. 2) The quoted prices have been competitively bid and awarded and are guaranteed to be the lowest government prices. 3) Electrical and compressed air connections to equipment are not included on this quotation. Any required concrete or electrical work Is to be supplied by an outside contractor or the buyer and is not included in this quote. 4) All software pre-installed on, or subsequently released by Hunter for, Hunter equipment is licensed pursuant to the Hunter Engineering Company End User License Agreement ("EULA") accompanying such software. By placing an order for, purchasing, or using Hunter equipment, you acknowledge and agree to be legally bound by the EULA, which is hereby incorporated by reference. 5) Each party will agree to defend, hold harmless, and indemnify the other from any cost, loss, or damages of any type, including attorney fees, to the extent that they arise from the breach of the Agreement and/or willful misconduct or negligence. 6) The buyer is responsible for inspecting all products at the time of delivery and before signing the delivery receipt, freight bill, or bill of lading. Should the buyer determine at the time of delivery that any items are damaged or missing the buyer must note the item, discrepancy, or condition on the delivery receipt, freight bill, or bill of lading. Mohawk is not responsible for missing or damaged products when the buyer has signed the delivery receipt, freight bill, or bill of lading in good condition. 7) A fork truck must be supplled at the offload site to unload the equipment from the freight carriers and, if applicable, for Installation. 8) Price does not include sales tax (unless applicable), duties, brokerage, or any other fees. 9) Any and all permits, licenses, fees, etc. are the buyers responsibility
DUNS /CAGE CAGE CODE-ENO VE MEANS FEN /SMAL BUSNES SAM REGSTERED To place your order using this quotation, please fill in the following required information:
Same a
Billing
BILLING INFORMATION SHIPPING INFORMATION
Name: City of Richmond Name: City of Richmond
Address: 6 13th Street Address: 613th Street
Richmond, California 94801 Richmond, California 94801
Contact: Dee Karnes Contact: Eric Betances
Phone: 510-314-4633 Phone: 510-231-3035
Email: [email protected] Email: [email protected] Delivery Hours/Instructions: Monday-Friday, 7:00 AM to 3:00 PM Acknowledged and Accepted by:
Dee Karnes Dee Kares
Authorized Buyers Name (PRINT) Authorized Buyers Signature Equipment Services Superintendent 05/14/2024
Date
510-314-4633 [email protected]
Phone Email
Remit orders to:
MOHAWK LIFTS LLC
PO Box 110, Amsterdam, NY 12010
[email protected]
::
DGS PROCUREMENT
DIVISION
GENERAL SERVICES
Department of General Services
Procurement Division
707 Third Street, Second Floor, West Sacramento, CA 95605 (916) 375-4400 (800) 559-5529
Broadcast Date: July 17, 2023 Bulletin #: K-51-23
TO: Purchasing Authority Contacts (PACS)
Procurement and Contracting Officers (PCOs)
RE: Vehicle Lifts and Garage Associated Equipment - Cooperative Agreement - New
The Department of General Services, Procurement Division (DGS-PD) is pleased to announce the award of new Cooperative Agreements for Vehicle Lifts and Garage Associated Equipment.
Cooperative Agreement details, pricing, and User Instructions are available on Cal eProcure. Click on the agreement numbers below to access agreement details:
Agreement No. Contractor Name
7-23-99-48-01 Mohawk Lifts, LLC
7-23-99-48-02 Vehicle Services Group, LLC !
7-23-99-48-03 ARI Phoenix, Inc. DBA HETRA-ARI
If you have questions regarding this notification, please contact:
Maureen Seiferling
[email protected]
(279) 946-8226
STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-23-99-48-01
VEHICLE LIFTS AND GARAGE ASSOCIATED EQUIPMENT
Louisiana NASPO ValuePoint Master Agreement Number CW7258 Mohawk Lifts, LLC (Contractor)
This Participating Addendum Number 7-23-99-48-01 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Mohawk Lifts, LLC (hereafter referred to as "Contractor") under the lead state of Louisiana NASPO ValuePoint Master Agreement Number CW7258.
1. SCOPE
A. This Participating Addendum covers the purchase of products and services under the Louisiana NASPO ValuePoint Master Agreement. The Louisiana NASPO ValuePoint Master Agreement is hereby incorporated by reference.
Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).
B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.
C. Each local government is to make its own determination whether this Participating Addendum and the Louisiana NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.
2. TERM
A. The term of this Participating Addendum shall begin upon signature approval by the State and will end March 31, 2028, or upon termination by the State, whichever occurs first.
B. Lead state amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.
Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.
C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be up to 120 days after the current Participating Addendum expiration date.
Participating Addendum 7-23-99-48-01
3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions (GSPD401Non-IT Commodities) effective 6/21/2022 B. Terms can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts).
4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-23-99-48-01 2) Louisiana NASPO ValuePoint Master Agreement Number CW7258
5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service offerings from the Louisiana NASPO ValuePoint Master Agreement Number CW7258 are allowed under this Participating Addendum:
1) Vehicle Lifts
2) Garage Associated Equipment
6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE
AGENCIES ONLY)
A. The following restrictions apply to state agency purchases under this Participating Addendum.
1) Equipment Leasing and Rental
a. State agencies must use Golden State Financial Marketplace (GS $Mart) or Lease $Mart for equipment leasing and rental.
B. Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by state agencies without an exemption. State agencies are responsible for obtaining a mandatory statewide contract exemption from DGS prior to issuing a purchase order.
C. Services that fall within the definition of "public works" as defined in Public Contract Code section 1101 and Labor Code section 1720 are disallowed under
Participating Addendum 7-23-99-48-01
this Participating Addendum and must be procured by alternate means. This restriction is not applicable to local governments.
7. PRICING
A. Contractor's approved NASPO ValuePoint Price List identifies product and services pricing.
B. Pricing shall not be adjusted to include State administration fees.
C. Contractor is responsible for providing the State Contract Administrator any revisions to Contractor's NASPO ValuePoint Price List approved by the lead state in writing.
D. Contractor shall not add new categories or groups of equipment or services under this Participating Addendum that were not originally included in the NASPO ValuePoint Master Agreement unless approved by the lead state of Louisiana.
E. Approved NASPO ValuePoint Price List will be posted on the NASPO ValuePoint website.
8. AUTHORIZED RESELLERS
Authorized Resellers will not be used for this Participating Addendum.
9. SUBCONTRACTORS
A. Nothing contained in this Participating Addendum or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor,
B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to ordering agencies at the time an order is quoted.
C. As the prime Contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and Participating Addendum.
Participating Addendum 7-23-99-48-01
D. Any subcontract in excess of $25,000, entered into as a result of this Participating Addendum, shall contain all the provisions stipulated in this Participating Addendum to be applicable to subcontractors.
10. ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.
B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State's Cal Procure website.
C. All purchase orders executed under this Participating Addendum shall include the Participating Addendum Number 7-23-99-48-01.
11. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery's State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.
B. Contractor will be required to complete and return a Postconsumer Recycled- Content Certification form
https://calrecycle.ca.gov/buyrecycled/stateagency/vendored/form74guide/) upon request by the state agency.
12. DELIVERY
A. Delivery shall occur within 120 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.
B. Deliveries within the contiguous United States will be Free On Board (F.O.B.) Destination, freight prepaid, with all transportation and handling charges paid by the Contractor to the ordering agency's receiving point. All deliveries to Alaska, Hawaii, US territories, or other offshore agencies shall be F.O.B., freight pre-paid to the nearest port of embarkation.
13. INVOICING AND PAYMENT
A. Payment will be made in accordance with Non-IT Commodities General Provisions Paragraph 30 (Required Payment Date).
B. Invoices shall be sent to the address identified in the ordering agency's purchase order. The Participating Addendum Number and ordering agency purchase order
Participating Addendum 7-23-99-48-01
number shall appear on each invoice for all purchases placed under this Participating Addendum.
C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.
14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.
B. The State Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Participating Addendum.
C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).
D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five (5) business days of the date of written notification from the State.
E. Tax must not be included in the report, even if it is on the purchase order.
F. Reports are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this Participating Addendum.
H. Time extensions may be approved only if all due reports have been submitted to the State.
15. ADMINISTRATIVE FEE
A. Contractor is required to remit to DGS an administrative fee amount equal to
1.25% of the sales for the quarterly reporting period less freight, taxes, returned products and credits. (For example, if the net sales for the reporting quarter totals $100,000.00, the incentive fee due to DGS would be $1,250.00.)
Participating Addendum 7-23-99-48-01
B. The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing.
C. The administrative fee shall not be invoiced or charged to the ordering agency.
D. Payment of the administrative fee is due irrespective of payment status from ordering agencies.
E. Payment may be made in the form of an electronic payment using the LPA Payment Portal website (https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Access-LPA-Payment-Portal) or by submitting a check payable to the State of California, Department of General Services.
F. Administrative fee payments made by check must include the Participating Addendum Number on the check and be submitted to the following address:
Department of General Services
Procurement Division
Attn: MAPS Payment Processing
707 Third Street, 2nd Floor
West Sacramento, CA 95605
G. Administrative fee payments are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Sal conflute grounds for suspension or this Price mi A a me ale
16. CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:
Contractor Contract Manager
Name: Steve Perlstein
Phone: (518) 842-1431 x2400
Fax: N/A
Email: [email protected]
Participating Addendum 7-23-99-48-01
Contractor Contract Manager
Address: Mohawk Lifts, LLC
Attn: Steve Perlstein
65 Vrooman Avenue
Amsterdam, NY 12010
B. The State Contract Administrator for this Participating Addendum shall be as follows:
State Contract Administrator
Name: Maureen Seiferling
Phone: (279) 946-8226
Email: [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten (10) business days after the change.
17. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible, and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination
18. AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.
Participating Addendum 7-23-99-48-01
19. NEWS RELEASES
Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this Participating Addendum shall not be made without prior written approval from the State.
20. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.
21. AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.
B. By signing this Participating Addendum, Contractor agrees to offer the same products/services available on the Louisiana NASPO ValuePoint Master Agreement Number CW7258, at prices equal to or lower than the prices on that agreement.
Participating Addendum 7-23-99-48-01
IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.
STATE OF CALIFORNIA CONTRACTOR
Department of General Services Mohawk Lifts, LLC
Agency Name Contractor Name
Julie Digitally signed by Steve
Julle Matthews
Matthews Do:: 00-3000 7/11/2023 07/10/2023
Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor Steve Perlstein, President/CFO Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street 65 Vrooman Avenue
West Sacramento, CA 95605 Amsterdam, NY 12010
Address Address
Participating Addendum 7-23-99-48-01
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Participating Addendum 7-23-99-48-01
PROCUREMENT DIVISION
707 Third Street, 2nd Floor
GENERAL SERVICES
West Sacramento, CA 95605-2811
COOPERATIVE AGREEMENT
USER INSTRUCTIONS
NON-MANDATORY
*Supplement 2*
Effective Date: *12/08/2023*
TITLE/DESCRIPTION: Vehicle Lifts and Garage Associated Equipment 7-23-99-48-01 Mohawk Lifts, LLC
7-23-99-48-02 Vehicle Service Group, LLC
CONTRACT NUMBERS: ARI Phoenix, Inc. DBA HETRA-ARI
7-23-99-48-03
7-23-99-48-05 Liftnow Automotive Equipment Corp.
CONTRACT TERM: Various through 03/31/2028
FOR USE BY: State and Local Governmental Agencies (Refer to Section 2) Maureen Seiferling
STATE CONTRACT
(279) 946-8226
ADMINISTRATOR:
[email protected]
Ordering Agencies are instructed to carefully review these User Instructions in their entirety. For questions, please contact the State Contract Administrator and reference the "Title/Description" and/or Contract Number listed above. Changes to this document will be issued through a User Instructions Supplement.
ORIGINAL ON FILE
Maureen Seiferling, State Contract Administrator
COOPERATIVE AGREEMENT USER INSTRUCTIONS
Vehicle Lifts and Garage Associated Equipment
SUMMARY OF CHANGES
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
Supplement
Number Description/Sections Date
*2* *Supplement 2 incorporates the following change: *12/08/23* • Attachment A - Updated Ordering Address (ARI
Phoenix, Inc. DBA HETRA-ARI)*
1 Supplement 1 incorporates the following changes: 09/22/23 • Cover Page, Section 5.C, and Attachment A -
Added new Cooperative Agreement:
• 7-23-99-48-05 (Liftnow Automotive
Equipment Corp.)
• Section 5.D.1 - Updated restrictions.
• Section 5.E - Updated pricing language to reflect
potential delivery charges.
• Section 7.A. 1.c - Updated language to clarify best
value criteria
N/A Original User Instructions posted. 07/11/23
Supplement 2 Page 2 of 15
COOPERATIVE AGREEMENT USER INSTRUCTIONS
Vehicle Lifts and Garage Associated Equipment
Table of Contents
SUMMARY OF CHANGES..
USER INSTRUCTIONS 4
1. SCOPE AND OVERVIEW.. .4
2. CONTRACT AVAILABILITY .4
A. State Agencies ... ..4
B. Local Governmental Agencies ..4
3. CONTRACT TERM 4
4. CONTRACT ADMINISTRATOR.
5. CONTRACT INFORMATION..
A. Lead State Agreement (NASPO ValuePoint Base Contract) B. California Cooperative Agreements (Participating Addendum Documents) 6 C. Available Products and Services 6
D. Restricted/Disallowed Products and Services (State Agencies Only) 6 E. Contractor Pricing 6
F. Small Business/Disabled Veteran Business Enterprise Participation .7 G. Recycled Content 7
H. DGS Administrative Fee 7
6. CONTRACT USAGE/RULES.. 7
A. Adherence to Applicable Laws (State Agencies Only) 7 B. Purchasing Authority (State Agencies Only) 7
C. Order Limits/Dollar Thresholds (State Agencies Only) 8 D. California Seller's Permit (State Agencies Only) 8
E. Darfur Contracting Act Certification (State Agencies Only). 8 F. Civil Rights Certification (orders ≥ $100,000) (State Agencies Only) 8 G. Iran Contracting Act Certification (orders over $1 million) (State Agencies Only) 8
7. ORDERING PROCEDURES 8
A. Contractor Selection Process 8
B. Authorized Resellers... 9
C. Purchase Order Form and Execution ..10
8. INVOICING AND PAYMENT ..10
A. Payment Terms ...10
B. Payee Data Record ..10
C. CAL-Card .. 10
D. Golden State Financial Marketplace (GS $Mart) ..11
9. CERTIFICATION OF PAYMENT OPTIONS - MILITARY & VETERANS CODE $$999.5 and 999.7(a) (SB588) ..11
10. PROBLEM RESOLUTION/CONTRACTOR PERFORMANCE ..11
ATTACHMENT A - Contractor Information .. ..12
Supplement 2 Page 3 of 15
COOPERATIVE AGREEMENT USER INSTRUCTIONS
Vehicle Lifts and Garage Associated Equipment
USER INSTRUCTIONS
1. SCOPE AND OVERVIEW
A. The Department of General Services, Procurement Division (DGS-PD) has established a California Participating Addendum (hereafter referred to as "California Cooperative Agreement" or "Cooperative Agreement") with individual Contractors (as noted on page 1) for use of the NASPO ValuePoint Vehicle Lifts and Garage Associated Equipment Master Agreements executed by the State of Louisiana.
B. These Cooperative Agreements provide state and local governmental agencies the opportunity to acquire products and services in accordance with the instructions provided herein and the terms and conditions outlined in the individual Cooperative Agreements. Attachment A identifies specific Cooperative Agreement information by Contractor.
C. Note: Unless otherwise specified within this document, the term "Ordering Agencies" will refer to all state agencies and local governmental agencies eligible to utilize these agreements. Ordering and usage instructions exclusive to state or local governmental agencies shall be identified within each section.
2. CONTRACT AVAILABILITY
A. State Agencies
1) Use of these agreements is non-mandatory for California state agencies. 2) Refer to Section 5.D (Restricted/Disallowed Products and Services) for more information.
B. Local Governmental Agencies
1) Use of these agreements is optional for local governmental agencies. 2) Local governmental is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds.
3) While the DGS-PD makes agreements available to local governmental agencies, each local governmental agency shall determine whether use of these agreements is consistent with its procurement policies and regulations.
3. CONTRACT TERM
A. The term for these California Cooperative Agreements is from the date of the State's approval through March 31, 2028, or upon termination by the State, Supplement 2 Page 4 of 15
COOPERATIVE AGREEMENT USER INSTRUCTIONS
Vehicle Lifts and Garage Associated Equipment
whichever occurs first. Refer to Attachment A for current individual agreement term dates.
B. Order placement and execution shall be on or before the expiration of the California Cooperative Agreement. However, delivery of products or completion of services may be up to 120 days after the California Cooperative Agreement expiration date.
C. Lead State NASPO ValuePoint Master Agreements may be extended beyond the original contract period upon mutual agreement between the lead state and the Contractor. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into these California Cooperative Agreements. Extension(s) to the term of the California Cooperative Agreements will be through a written amendment upon mutual agreement between DGS-PD and the Contractor.
4. CONTRACT ADMINISTRATOR
A. DGS-PD and the Contractors) have assigned contract administrators as single points of contact for problem resolution and related contract issues.
B. The State Contract Administrator for these agreements is:
Administrator
State Contract Administrator
Information
Name: Maureen Seiferling
Telephone: (279) 946-8226
Email: [email protected]
Address: DGS, Procurement Division
Attn: Maureen Seiferling
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Contractor Contract Administrator contact information is outlined in Attachment A.
5. CONTRACT INFORMATION
A. Lead State Agreement (NASPO ValuePoint Base Contract) California Cooperative Agreements are based on some or all of the products, services, and prices from the NASPO ValuePoint Vehicle Lifts and Garage Associated Equipment Master Agreements issued by the State of Louisiana.
Copies of the State of Louisiana agreements are available on the NASPO ValuePoint Portfolio website (https://www.naspovaluepoint.org/portfolio/vehicle- lifts-and-garage-associated-equipment-2023-2028/).
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B. California Cooperative Agreements (Participating Addendum Documents) California Cooperative Agreements and related documents are posted in Cal Procure (https://caleprocure.ca.gov/pages/LPASearch/lpa-search.aspx). Direct links to each agreement in Cal Procure are found in Attachment A C. Available Products and Services
Goods and services available under these California Cooperative Agreement include:
Contractor Vehicle Lifts Garage Associated Equipment
Mohawk Lifts, LLC Yes Yes
Vehicle Service Group, LLC Yes Yes
ARI Phoenix, Inc. Yes Yes
DBA HETRA-ARI
Liftnow Automotive Equipment Yes Yes
Corp.
D. Restricted/Disallowed Products and Services (State Agencies Only) 1) The following restrictions apply to state agency purchases under these Cooperative Agreements. Restrictions are not applicable to local governments.
a. Equipment Leasing and Rental
2) Product and service categories available on mandatory California statewide contracts cannot be purchased by state agencies from these Cooperative Agreements without an exemption. State agencies are responsible for obtaining an exemption from DGS prior to issuing a purchase order. This restriction is not applicable to local governments.
3) Services, including installation, that fall within the definition of "public works" as defined in Public Contract Code section 1101 and Labor Code section 1720 are disallowed under these Cooperative Agreements and must be procured by alternate means. This restriction is not applicable to local governments.
E. Contractor Pricing
Pricing is based on a discount off manufacturer's retail price (MSRP). Price lists for each contractor are posted on NASPO ValuePoint. Contractors may offer greater discounts and/or lower prices than those published in their price list.
Links to the NASPO ValuePoint websites for each Cooperative Agreement are identified in Attachment A.
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Note: Ordering Agencies should carefully review the individual NASPO ValuePoint Master Agreements and price lists to determine if additional delivery fees may apply.
F. Small Business/Disabled Veteran Business Enterprise Participation There is no California-certified Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for these Cooperative Agreements.
G. Recycled Content
1), State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery (CalRecycle) State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.
2) Contractor will provide a Postconsumer Recycled-Content Certification form (https://calrecycle.ca.gov/buyrecycled/stateagency/vendored/form74guide/) upon request by the state agency.
H. DGS Administrative Fee
Ordering Agencies will not be charged the DGS Administrative fee nor will they be invoiced by the Contractors) for use of these Cooperative Agreements.
6. CONTRACT USAGE/RULES
A. Adherence to Applicable Laws (State Agencies Only)
State agencies must adhere to all applicable state laws, regulations, policies, best practices, and purchase authority requirements (e.g., California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual).
B. Purchasing Authority (State Agencies Only)
The leveraged procurement agreement acquisition method and type for these Cooperative Agreements is:
Acquisition Method Acquisition Type
Cooperative Agreements (requiring Non-IT Goods
further competition within the category
Prior to executing orders, state agencies must have been granted purchasing authority by DGS-PD for the use of the acquisition method and type listed above.
For more information, contact the DGS-PD Purchasing Authority Management Section at [email protected].
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C. Order Limits/Dollar Thresholds (State Agencies Only) Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold. No order may be executed by a state agency that exceeds that agency's purchasing authority threshold. State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website (www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List-Folder/List-of-State-Departments-with-Approved- Purchasing-Authority).
D. California Seller's Permit (State Agencies Only)
California Seller's Permit information for each Contractor is identified in Attachment A. Prior to placing orders under these Cooperative Agreements, state agencies should verify that permits are currently valid on California Department of Tax and Fee Administration (CDTFA) website (www.cdtfa.ca.gov/). State agencies must adhere to the file documentation required in the State Contracting Manual Volume, as applicable.
E. Darfur Contracting Act Certification (State Agencies Only) Contractors have a signed Darfur Contracting Act Certification on file with DGS- F. Civil Rights Certification (orders ≥ $100,000) (State Agencies Only) Contractors have a signed California Civil Rights Laws Attachment on file with DGS-PD.
G. Iran Contracting Act Certification (orders over $1 million) (State Agencies Only)
Contractors have a signed Iran Contracting Act Certification on file with the DGS- PD. Prior to award, the state agency must check the "Entities Prohibited from Contracting with Public Entities in California per the Iranian Contracting Act, 2010 List" posted by DGS to confirm firm is not listed as an ineligible business.
7. ORDERING PROCEDURES
A. Contractor Selection Process
1) State Agencies
State agencies electing to use these Cooperative Agreements must select a Contractor using the Best Value Request for Offer (RFO) process outlined below:
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a) Develop RFO - Ordering Agency will develop a RFO which includes the following information, at a minimum:
• All relevant Ordering Agency contact information necessary for the Contractor to respond to the RFO
• A detailed scope of work or list of product/services requested • Bidder Declaration (GSPD 05-105)
b) Solicit Offers - Ordering Agency shall solicit offers from a minimum of three (3) Contractors.
• If multiple Contractors are solicited and less than three (3) offers are received, the Ordering Agency must document their file with the reasons why the other Contractors solicited did not respond with an offer.
• Orders valued less than $10,000 may be executed without obtaining multiple offers if fair and reasonable pricing has been established and documented within the procurement file.
c) Determine Best Value - Ordering Agency will review all responsive offers and select a Contractor based on best value, with cost, including delivery cost and exceptions as applicable, as one of the criteria. d) Document Results - Ordering Agency must document the results of the best value RFO process within the procurement file including, but not limited to, Contractors that were contacted, recap of their offers, how the selection was made and criteria for determining "best value". Ordering Agencies have the option to use the Best Value Determination Worksheet (available in the State Contracting Manual) or the agency's own form to document the results.
e) Issue Purchase Order - Ordering Agency will issue purchase order document to the selected Contractor in accordance with Section 7.C (Purchase Order Form and Execution).
2) Local Governmental Agencies
Local governmental agencies may use the contractor selection process described in Section 7.A. 1 above or other process in accordance with their procurement policies and regulations.
B. Authorized Resellers
There are no resellers available under this portfolio.
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C. Purchase Order Form and Execution
All Ordering Agency purchase order documents executed under these Cooperative Agreements must contain the applicable California Cooperative Agreement number as shown in Attachment A.
1) State Agencies
a) STD 65 Purchase Documents - State Agencies not transacting in FI$Cal must use the Purchasing Authority Purchase Order (STD 65) for purchase execution. An electronic version of the STD 65 is available at the DGS-PD website (https://www.dgs.ca.gov/PD/Forms).
b) FISCal Purchase Documents - State agencies transacting in FI$Cal will follow FiSCal procurement and contracting procedures.
2) Local Governmental Agencies
Local governmental agencies may use their own purchase order document in lieu of the State's purchase order form.
8. INVOICING AND PAYMENT
A. Payment Terms
Payment terms for these Cooperative Agreements are net forty-five (45) days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
B. Payee Data Record
State agencies not transacting in FI$Cal, must obtain a copy of the Payee Data Record (STD 204) to process payments. State agencies should forward a copy of the STD 204 to their accounting office(s). Without the STD 204, payment may be unnecessarily delayed.
C. CAL-Card
Ordering Agencies may use the CAL-Card for the payment of invoices if accepted by the Contractor. Use of the CAL-Card requires the execution of a purchase order document as referenced in Section 7.C (Purchase Order Form) and must include all required documentation applicable to the purchase.
CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve state agencies from adhering to all procurement laws, Supplement 2 Page 10 of 15
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regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual. This includes but is not limited to the application of all sales and use tax laws, rules, and policies as applicable to the purchase.
D. Golden State Financial Marketplace (GS $Mart)
Ordering Agencies may utilize financing available through DGS-PD GS $Mart program. Program information is available on the DGS-PD State Financial Marketplace website (https://www.dgs.ca.gov/PD/About/Page-Content/PD- Branch-Intro-Accordion-List/Acquisitions/State-Financial-Marketplace).
9. CERTIFICATION OF PAYMENT OPTIONS - MILITARY & VETERANS CODE 8999.5 and 89997(a) (SB588)
Not Applicable.
10. PROBLEM RESOLUTION/CONTRACTOR PERFORMANCE
Ordering Agencies should first attempt to resolve complaints, issues, or disputes informally with the Contractor. If the issue or dispute cannot be resolved by the Ordering Agency, the issue may be elevated to the DGS-PD State Contract Administrator.
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ATTACHMENT A - Contractor Information
Item Agreement Detail
Cooperative Agreement 7-23-99-48-01
Contractor Name Mohawk Lifts, LLC
Term 07/11/2023 through 03/31/2028
Link to Cal eProcure Cal eProcure 7-23-99-48-01 webpage Lead State Agreement / NASPO ValuePoint Master Agreement CW7258 and Pricing Pricing
Product/Service Awarded category 1 (Vehicle Lifts)
Categories Awarded category 2 (Garage Associated Equipment) Seller's Permit Number 232963136 (Refer to Section 6.D) CAL-Card Accepted Yes (Refer to Section 8.C)
SB/DVBE Certification None
Contract Administrator Steve Perlstein
Contact Information Phone: (518) 842-1431 x2400
Email:[email protected]
Ordering Address Mohawk Lifts, LLC
Attn: Terri Reagan
P. O. Box 110
Amsterdam, NY 12010
Ordering Email [email protected]
Ordering Contact Terri Reagan (518) 842-1289
Authorized Resellers N/A
(Refer to Section 7.B)
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Attachment A, continued
Item Agreement Detail
Cooperative Agreement 7-23-99-48-02
Contractor Name Vehicle Service Group, LLC
Term 07/11/2023 through 03/31/2028
Link to Cal Procure Cal eProcure 7-23-99-48-02 webpage
Lead State Agreement/ NASPO ValuePoint Master Agreement CW7254 and Pricing Pricing
Product/Service Awarded category 1 (Vehicle Lifts)
Categories Awarded category 2 (Garage Associated Equipment) Seller's Permit Number 102137374 (Refer to Section 6.D) CAL-Card Accepted Yes (Refer to Section 8.C)
SB/DVBE Certification None
Contract Administrator Kathy Brown
Contact Information Phone: (812) 269-7316
Email: [email protected]
Ordering Address Vehicle Service Group, LLC
Attn: Kathy Brown
2700 Lanier Drive
Madison, IN 47250
Ordering Email [email protected]
Ordering Contact Kathy Brown (812) 269-7316
Authorized Resellers N/A
(Refer to Section 7.B)
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Attachment A, continued
Item Agreement Detail
Cooperative Agreement 7-23-99-48-03
Contractor Name ARI Phoenix, Inc. DBA HETRA-ARI
Term 07/11/2023 through 03/31/2028
Link to Cal eProcure Cal eProcure 7-23-99-48-03 webpage Lead State Agreement / NASPO ValuePoint Master Agreement CW7252 and Pricing Pricing
Product/Service Awarded category 1 (Vehicle Lifts)
Categories Awarded category 2 (Garage Associated Equipment) Seller's Permit Number 102924923 (Refer to Section 6.D) CAL-Card Accepted Yes (Refer to Section 8.C)
SB/DVBE Certification None
Contract Administrator Tekla Goodwin
Contact Information Phone: (513) 229-3750 x103
Email:[email protected]
Ordering Address ARI Phoenix, Inc. DBA HETRA-ARI
Attn: Christina Martin
*11163 Woodward Lane
Sharonville, OH 45241*
[4119 Binien Way
Lebanon, OH 45036]
Ordering Email [email protected]
Ordering Contact Christina Martin (703) 359-6405
Authorized Resellers N/A
(Refer to Section 7.B)
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Attachment A, continued
Item Agreement Detail
Cooperative Agreement 7-23-99-48-05
Contractor Name Liftnow Automotive Equipment Corp.
Term 09/22/2023 through 03/31/2028
Link to Cal Procure Cal Procure 7-23-99-48-05 webpage
Lead State Agreement/ NASPO ValuePoint Master Agreement CW7256 and Pricing Pricing
Product Service Awarded category 1 (Vehicle Lifts)
Categories Awarded category 2 (Garage Associated Equipment) Seller's Permit Number 244691328 (Refer to Section 6.D) CAL-Card Accepted Yes (Refer to Section 8.C)
SB/DVBE Certification None
Contract Administrator Paul Stern
Contact Information Phone: (914) 734-3479
Email: [email protected]
Ordering Address Liftnow Automotive Equipment Corp.
Attn: Paul Stern
P. O. Box 972
Yorktown Heights, NY 10598-0972
Ordering Email [email protected]
Ordering Contact Paul Stern (914) 734-3479
Authorized Resellers N/A
(Refer to Section 7.B)
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