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HomeMy WebLinkAboutContract 57737 CSC No. 57737 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Home Depot U.S.A,Inc ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract Omnia Partners 16154-RFP; and 4. Exhibit C—Conflict of Interest Questionnaire Exhibits A, B, and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Four Hundred and Fifty Thousand Dollars ($450,000). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below("Effective Date") and expires on December 31, 2022. The City shall be able to renew this agreement for three (3) one-year renewal options by written agreement of the parties. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX To CITY: To VENDOR: City of Fort Worth Home Depot U.S.A,Inc Attn: Reginald Zeno,Interim Assistant City Manager Richard Nyberg,Director,Pro Business Contracts 200 Texas Street Fort Worth,TX 76102-6314 Address: Facsimile: (817)392-8654 2455 Paces Ferry Road Atlanta, GA 30339 With copy to Fort Worth City Attorney's Office at same address Facsimile: 866-589-0691 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: J4;1— By signing I acknowledge that I am the person By: Reginald Zeno(Jun 29,2022 08:46CDT) responsible for the monitoring and administration Name: Reginald Zeno of this contract,including ensuring all performance Title: Interim Assistant City Manager and reporting requirements. Date: APPROVAL RECOMMENDED: By: Name: Cynthia Garcia Title: Assistance Finance Director .A.r�e ,Peuaaaau By: APPROVED AS TO FORM AND LEGALITY: Name: Anthony Rousseau Title: Acting Finance Director ATTEST: By: Name: Taylor Paris Title: Assistant City Attorney By: J ette S.Goodall(Jun 29,202210 CDT) 4d4UnnIl CONTRACT AUTHORIZATION: Name: Jannette Goodall apF FORT Ilan M&C: N/A . Title: City Secretary �A700 °O a� jJv8 VENDOR: , o° aa o c P ° °o � da TEXPSo°p HOME DEPOT U.S.A., INC. Ilbnnao4�' By: me: Richar Ny g Title: Director,Pro Business Contracts OFFICIAL RECORD Date: G/122/72 CITY SECRETARY FT.WORTH,TX SERIAL 16154-RFP EXHIBIT A PRICING SERIAL 16154-RFP NIGP CODE:45041 RESPONDENT'S NAME: Home Depot U.S.A.,Inc. COUNTY VENDOR NUMBER : W000001453 ADDRESS: PO BOX 193176, A*'^^*^ 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.homedei)ot.com CONTACT(REPRESENTATIVE): Richard Nyberg REPRESENTATIVE'S E-MAIL ADDRESS: richard nybergghomedepot.com YES WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT IN WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: IN PAYMENT TERMS. [XI 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 Discount Minimum Annual Spend Level % 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. Note: Refer to solicitation 16154(page 27)for categories Exhibit B SERIAL 16154 RFP MAINTENANCE,REPAIR,OPERATING SUPPLIES,INDUSTRIAL SUPPLIES,AND RELATED PRODUCTS AND SERVICES (U.S.Communities)Contract-Home Depot U.S.A.,Inc. DATE OF LAST REVISION:November 21,2019 CONTRACT END DATE: December 31,2026 CONTRACT PERIOD THROUGH DECEMBER 31,2424 2026 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for MAINTENANCE,REPAIR,OPERATING SUPPLIES,INDUSTRIAL SUPPLIES,AND RELATED PRODUCTS AND SERVICES Attached 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 listed 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. Kevin Tyne, Chlot Procurement Officer Office of Procurement Services SA/mm Attach Copy to: Office of Procurement Services Erick Blue,Facilities Management Beth Cressman,Facilities Management �gi co CONTRACT PURSUANT TO RFP SERIAL 16154-RFP This Contract is entered into this l I'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,202 f 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 for 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. Requests 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. SERIAL 16154-RFP 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/FinanceNendors.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 0 Total Amount Due SERIAL 16154-RFP 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 (htti)://www.maricot)a.l!ov/FinanceNendors.ast)x . 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 delivery 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 retention 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, unemployment compensation insurance, Social Security and Worker's Compensation. SERIAL 16154-RFP 3.6 TAX: (SERVICES) No tax sM!be levied against labor-. it is the responsibility of the CopAraetor-to detenrine any an No tax shall be 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 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 voluntarily 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 discount 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. SERIAL 16154-RFP 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 ten (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 of 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 requirements 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 DAMAGES, 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. rating 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 form 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 SERIAL 16154-RFP 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 transfer 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 coverage 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 of 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 SERIAL 16154-RFP $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 interest 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 shall 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 construction 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 comes 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 while 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 the 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. Alternatively the County will accept an insurance industry recognized Memorandum of Insurance SERIAL 16154-RFP 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 written 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 4tn Avenue 320 Wes bimokq 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 concurrently 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 and 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 bond 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 holding 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 acceptable 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, SERIAL 16154-RFP 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 and 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 Contractor 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. Complete 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 for 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 required 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: SERIAL 16154-RFP 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-: Contract resulting from the bid is a requirements contract. However, the Cowmct d mew na er rty. „11r 1 the r rF for-any a ^s€�e�. re-r��s€ c� c�sts-�n�� the an�zvetw€m€wvrfi6@r�Aiar=w�ricc€a notifie4ion to follow. By stibmit4ing-a 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,or 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. SERIAL 16154-RFP 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 further 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 failure 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. SERIAL 16154-RFP 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 necessary 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 Contractor 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 Subcontractor'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 the 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. vies. Also, €quest by 04e!''.,,,,mot., the!''.,.,t,- ete v`P"iil be r-e}liifed tO w ON,e ca14`1 of toe/''.,,,,mot<...,;tl.;,mo t.w bttsi ess days, ,moles p isly appr-eved by toe!''.,,,4y 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. SERIAL 16154-RFP 6.19 SEVERABILITY: 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 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: Executive Order-2009 09 supersedes ElxectA4ve order-99 4 and anwnds Executive order-75 5 and ffmy be viewed and ,1,,...4,,a ed at the f the State of Ar-izot4as w€bsite •��.,-,Y,o..,., l;l., ...l,Y,��;., lo;+o.ti, ...,llo..+;.,., o .,,-.d ;.d l4n 1 whieh ;s he-eb C--Q-1-s�—RACT-OR s4all not disei4mi+mte against aRy employee, eliepA E)r-any other-individual in any 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 Arizona State Library Research website (httt)://azmemory.azlibrarv.gov/cdm/singleitem/collection/execorders/id/680/rec/11 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. 622 1SRAEL BOYCOTT- 6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION @i3 ity(Fedefa Stateor- local) A t eowA*ission of . of the off-eases-e eraied SERIAL 16154-RFP 4ai4saetions (i.e. 4ansaetmions w4h sttbeewfaeter-s) aFA in all seliemitat4ons for- lower- tier- eover-e-d 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 criminal 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 SERIAL 16154-RFP 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 right 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 fmd 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 of the Contractor. 6.25 INFLUENCE As prescribed in"�r�02 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 MC 1-902. 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, gamer 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 REQUIREMENT 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 Contractor 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 SERIAL 16154-RFP 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 relevant 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 Office 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 not 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. SERIAL 16154-RFP 6.33 RELATIONSHIPS: in the pe4onmnee of the serviees deser-ibed herein-, the Contraetor- shall aet solely as an 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 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. 6.33.2 The County reserves the right of final approval 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. 6.34 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 SERIAL 16154-RFP 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 used 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 proprietary 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 r ineo] S4 feet 160 South 41h Avenue Phoenix,Arizona 85003-2494 For Contractor: Home Depot U.S.A.,Inc. 2455 Paeos Fe.....,n,.a PO BOX 1931769 n 1ant, GA.30339 Columbus,OH 43218 ATTN:Contract Administration SERIAL 16154-RFP IN WITNESS WHEREOF, this Contract is executed on the date set forth above. CONTRA O AU T RIZED SIGNATURE Ric ves, Vice President, Pro Business PRINTED NAME AND"TITLE _2455 Paces Ferry Road Atlanta, GA 30339 ADDRESS I - L( - Zb(? DATE MARIco COU Y J A N 17 2017 CHAIRMAN, BOARD OF SUFE VISORS DATE ATTESTED: JAN 17 2017 IC OF THE BOARD 4k k%rl DATE APPROVED AS TO F DEPUTY COUNTY ATTORN E E SERIAL 16154-RFP PRICING SERIAL 16154-RFP NIGP CODE:45041 RESPONDENT'S NAME: Home Depot U.S.A.,Inc. COUNTY VENDOR NUMBER : W000001453 ADDRESS: PO BOX 193176, A*'^^*^ 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.homedei)ot.com CONTACT(REPRESENTATIVE): Richard Nyberg REPRESENTATIVE'S E-MAIL ADDRESS: richard nybergghomedepot.com YES WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT IN WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: IN PAYMENT TERMS. [XI 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 Discount Minimum Annual Spend Level % 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. SERIAL 16154-RFP 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 entities 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 institutions 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 Agreement for a complete line of Maintenance,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 Services(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 related 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 following (non-inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and SERIAL 16154-RFP doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, gearbox 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): SERIAL 16154-RFP 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 category. 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 timber), 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,comer braces, shelf brackets, closet hardware, springs),threaded 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 supplies, tools,and components. 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, strippers, 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, motor 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, cleaners, 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; blinds, 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 systems, 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: shelving (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 orders, 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 over$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 Public Agencies further discounts on their paint only purchases (see Exhibit A). 2.6 ON-LINE CATALOG DISCOUNT PRICING: Presently, the 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 Destination, 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. SERIAL 16154-RFP 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. . Under 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, repair 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 request delineating 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. SERIAL 16154-RFP 16154 EXHIBIT- r R A rrr TTIES MANAGEMENT REQUIREMENTS 1 n r TD S O S n vrr>J. r.« oZTr��c�c� 1 1 REQ Inn 14OURS o d etwoo„ 6.00 AM ,,R 6.00 PN4 >\a,,,,,ay 44+o,,..h >~,-;day, ....h,.d Rg GoHR4y holidays. 1.4 1401dl T A VQ ., (''.,e ,R. Hol idays.,1;.ays (See(''.,,u4y laeli day selw d„le.,++.,..h..epA) i.5 S€n4ees shall be Fwailable 24 ozs pew day, 7 ,per-wee-k, �65 days per-yea. 1.6 Go+4faetor-shall pr-ovide 24 hows per- day, 7 days per-wee-k, �65 days per-yea+telepho+ie meess, 2.0 RESPONSE TIMES-. 2.i PffFk4g RECirTr nn HOURS, AFTER HOURS ANTEEK ND unrrnAvS Go+4fRetor- shall W>~>~rrENDor-unr rn A v;f a s4e. 4; H,,+,,.,11., dete-m e to ber-eq+tir-ed. � n TRIP CHARGE: Go*R�y off4ees loe4ediiracie-keye,AZ t„11+ho (''.,* +y aeeepti-Rg hilliRg for-aRy labor-eha-Fges 4.0 GONTn A GTnn REQUIREMENTS: to e-F+R4+ho S e.,F SERIAL 16154-RFP o,-F,-.,4 mie o o f+h o. o fk that may,,,ch,.do oi4o of the F 11...,iRg: 4.4 1 S14 M1otise 4.4.2 Vest 4.4. 4 A A Ba dgiRg that;.do„+;f es the h„s;„oss they work F F +ham site.,11 debfis,.,-,.,+o,ials aR d o o.,+., i4e d w4h+ho.t ofk per-for-med. 5.0 RTT1T� EGURiTV(KEYS* Keys .,be a real b. 1.,..at4o.,s+h.,++he set of-keys o .,o.d w44 +ho eost beiR.h.FRe by the C;o+,+.-.,.tor- SERIAL 16154-RFP 7.0 11.VOICES AND n Av>\AENTSi assoei4ed Home Depot Aeeottt4. -ram mpcay+ianc-ac&c6s-aRsrE9i}caEtva -rz c bill "'c-ainrevixcacv-ccraivc� 7 Z go l.diRg Name aR d R„;l.dii4g 4,,mbef 7.6 Maximo (F=N P)sefviee eall., mbe,- 7.8 dl.,+e of sef ; ,-.deli.e 7.9 dies..,-;,-.+;.,., of Ptff hale(se,yiees e,-F,-. o d) 7.10 1.,bo-b-eak d.,.t w ,-4e per-laet,-*i of 14.tws by p .,el +ype(time Q ma4efi l-Sl applieMise. Shop fee el4a-Fge of"to $25.00 per-wofk order-to eover-these�ype of e?q3e+lses. be.oi4 d the$25 limit will be pr-ov;.deal ., the...,.,+,-.,eto-'s 9.0 CONTRACTOR CTO RAATDl GYRE BACKGROUND CHECK: SERIAL 16154-RFP 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 SERIAL 16154-RFP 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 efficiently 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 repair 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 failed 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 reserves 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: httt)s:Hi!ist)ortal.maricot)a.2ov/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 business 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: 0 Shirt/blouse SERIAL 16154-RFP • 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 members, 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 regulations, 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, policy, 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. Should 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 (7t") 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 SERIAL 16154-RFP • 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: FMD-ACCOUNTSPAYABLE(a,MAIL.MARICOPA.GOV 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(htti)://www.maricot)a.2ov/922Nendors). 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. SERIAL 16154-RFP HOME DEPOT U.S.A.,INC.,PO BOX 193176,COLUMBUS OH 43218 PRICING SHEET:NIGP CODE 45041 Terms: NET 30 Vendor Number: VC0000005735 Certificates of Insurance Required Contract Period: To cover the period ending December 31,242 2026. Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Home Depot U.S.A., Inc. z Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. None Name of Officer 4j Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. None A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F] Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 for Home Depot U.S.A., Inc. W/ a Signature of vendor doikt busine with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FARTIr- WURT x COUNCIL ACTION: Approved on 8/29/2017 REFERENCE 13P17-0436 RATIFY DATE: 8/29/2017 NO.: **P-12088 LOG NAME: HOME DEPOT MRO MJR CITY CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Ratify Execution of a Purchase Agreement with Home Depot U.S.A., Inc., for Materials, Repair and Operating Supplies and Equipment for City Departments Using a Cooperative Contract in an Annual Amount Up to $350,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council ratify the execution of a Purchase Agreement with Home Depot U.S.A., Inc., for materials, repair and operating supplies and equipment for City Departments, using U.S. Communities Cooperative Contract No.16154-RFP, in an annual amount up to $350,000.00 and authorize four one-year renewal options. DISCUSSION: The citywide Purchase Agreement will be used by various departments to repair city-owned facilities (buildings, pools, parks, roads, etc.) and equipment (HVAC, plumbing, mowers, etc.). Home Depot U.S.A, Inc., (Home Depot), provides industrial maintenance, repair and operating supplies, such as door hardware, electric motors, electric and gasoline powered saws, pumps, light bulbs, drills, bearings, seals, hydraulic and pneumatic components, safety equipment, fittings and other industrial supplies available for local pickup at the store. The previous Agreement awarded June 4, 2013 Mayor and Council Communication (M&C P-11535) using U.S Communities Cooperative Contract No. 11019-RFP expired July 31, 2017. To provide all necessary maintenance, repair and operating supplies and equipment in the first year, City of Fort Worth (City) Departments are requesting ratification of an agreement in an annual amount up to $350,000.00. US Communities (USC) Cooperative Contract No. 16154-RFP covers all items and services provided by Home Depot. No guarantee was made that a specific amount of goods or services would be purchased. PRICE ANALYSIS - The USC contract pricing rebate is based on Home Depot's Annual Net Sales (ANS) to the City. The Agreement provides a rebate ranging from one to three percent based on ANS. Staff reviewed the proposed pricing and certified that the pricing is fair and reasonable. COOPERATIVE PURCHASE - State law provides that a local government purchasing items under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. USC contracts have been competitively bid to increase and simplify the purchasing power of government entities. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager in the amount up to $100,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BIDE Ordinance, http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24997&councildate=8/29/2017 9/11/2017 M&C Review Page 2 of 2 because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS - Upon City Council approval, the Agreement shall begin August 3, 2017 and end on December 31, 2021 to correspond with the USC Contract. RENEWAL OPTIONS - The Agreement may be renewed for up to four additional one-year terms at the City's option and in accordance with the terms of the USC Contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The approval of this action provides purchasing authority up to $350,000.00, as specified. The Director of Finance certifies that funds are available in the current operating budgets, as appropriated, of the participating City departments and that prior to an expenditure being made, the departments has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID I� Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Cynthia B. Garcia (8525) Jane Rogers (8385) ATTACHMENTS 17-0436 Home Depot 1295.pdf US Communities 16154 Home_Depot.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24997&councildate=8/29/2017 9/11/2017