HomeMy WebLinkAboutReso 2022-3395RESOLUTION NO. 2022 - L l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PURCHASE
NECESSARY SUPPLIES AND EQUIPMENT FROM HOME DEPOT FOR FISCAL YEAR
2022-2023, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND
DOLLARS ($110,000.00), SUBJECT TO CERTAIN CONDITIONS; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") currently purchases supplies and
equipment for repair and maintenance of City -owned facilities, many of which are purchased
from Home Depot; and
WHEREAS, staff will piggyback from the contract between US Communities and Home
Depot which offers a special pricing program for qualifying purchases with an annual volume
rebate structure; and
WHEREAS, Section 62-13(C) of the City Code provides the authority to access a
competitively solicited contract from any other governmental organization; and
WHEREAS, the City wishes to authorize the blanket purchase order for Home Depot for
supplies and equipment, in an amount not to exceed One Hundred Ten Thousand Dollars
($110,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization to Purchase. The City Commission hereby authorizes a blanket
purchase order to Home Depot in an amount not to exceed One Hundred Ten Thousand Dollars
($110,000.00). The City Manager shall seek additional authority from the City Commission if the
$110,000.00 cap is exceeded.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of September 2022.
Dana Robin Goldman, Mayor
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ATTEST: APPROVED AS TO FORM
A� EGAL-SUS` Cr Cy:
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Mauri io "et t
CMC, City Clerk Edward A. Dion, City Attorney
Moved by: W Seconded by A tak LCIZ ,
Vote:
Mayor Goldman
Vice Mayor Viscarra
Commissioner Joseph
Commissioner Lama
Commissioner Stuyvesant
,(Yes) (No)
(Yes) (No)
Id (Yes) (No)
(Yes) (No)
/
(Yes) (No)
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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, 202-1- 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.
Al - -fy'-Ag-
AW
Kevin Tyne, Chi Procurement Offloer
Office of Procurement Services
SA/mm
Attach
Copy to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management
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CONTRACT PURSUANT TO RFP
SERIAL 16154 -RFP
This Contract is entered into this 111 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 Pt day of February, 2017 and
ending the 31" day of December, 2021- 2026.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of five (5) additional years, (or at the County's
sole discretion, extend the contract on a month-to-month bases 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.
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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/Finance/Vendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.3.6 Invoices are required to contain access to the following information: (Maricopa County
Facilities Management)
• Company name, address and contact
• County bill -to name and contact information
• Building Name and Building Number
• Contract Serial Number or
• County purchase order number
• Maximo (FMD) service call number
• Invoice number and date
• Date of service or delivery
• Description of Purchase (services performed)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time
• Total Amount Due
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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
(http://www.maricopa.gov/FinanceNendors.aspx .
3.3.10 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance 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.
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3.6 TAX: (SERVICES)
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 SAVE, 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.
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4.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least 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
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completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have
the right to self -insure part or all of any of the insurance it is required to maintain
hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not
less than One Hundred Million ($100,000,000) Dollars. Such net worth shall be
documented to COUNTY and COUNTY shall be advised in writing in the event such
net worth requirement is not met. In the event that CONTRACTOR elects to self -insure
all or any part of any risk that would be insured under the policies and limits described
herein, and an event occurs where insurance proceeds would have been available but for
the election to self -insure, CONTRACTOR shall make funds available to the same
extent that they would have been available had such insurance policy been carried, unless
specifically provided to the contrary herein.
6.2.7 The policies required hereunder, except Workers' Compensation and Errors and
Omissions, shall contain a waiver of 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
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$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers' Compensation and Employer's Liability or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial
Umbrella insurance, which will insure and provide coverage for errors or omissions or
professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for
each claim.
6.2.12 Builder's Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders' Risk
insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial
Contract amount as well as subsequent modifications thereto for the entire work at the
site. Such Builders' Risk insurance shall be maintained until final payment has been
made or until no person or entity other than COUNTY has an insurable 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
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6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written
on a "claims made" basis, coverage shall extend for two years past completion
and acceptance of Contractor's work or services and as evidenced by annual
Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor's insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty (30) days prior 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 0 Avenue 320 Wes
LineLineoln Stfeet, 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,
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occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform 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:
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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.
6.8 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.
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6.10 STOP WORK ORDER
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days
after the order is delivered to the Contractor, and for any 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.
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6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as 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.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
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6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of 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:
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
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/ree/1) which is
hereby incorporated into this contract as if set forth in full herein. During the performance
of this Contract, Contractor shall not discriminate against any employee, client or any other
individual in any way because of that person's age, race, creed, color, religion, sex, disability
or national origin.
6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
. sre�rstie�: !rses�rrsesar.01rr- "M 1.4
..
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The Gentfaster- agrees to inelude, without medifieation, this claase in all le).ver- fie -4: eaver-e
transaetions (i.e. tr—ansa-e-Aie-n-s with subeentracters) and in all sakeitations for- loweF tier eaver-od
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
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employees performing work under the Contract and verify employee compliance using the
E -verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
6.24.2 The County retains the legal 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 find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
6.25 INFLUENCE
As prescribed in MCI moi 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 MCI -902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND 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
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final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
6.27.2 If the Contractor's books, records , accounts, statements, reports, files, and other records
and back-up documentation 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.
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6.33 RELATIONSHIPS:
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
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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR
FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
For purchases of $50,000 or greater under this agreement, the applicable participating entity
must disclose to THD when it is receiving any federal funds related to that requested
purchase prior to THD agreeing to that purchase.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include
information that is proprietary or confidential to the County. This provision establishes the
Contractor's obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to
assure that no information contained in its records and/or obtained from the County or from
others in carrying out its functions (services) under the Contract shall be 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:
6.4 1.1 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 ;.,, oln Street 160 South 4t' Avenue
Phoenix, Arizona 85003-2494
For Contractor:
Home Depot U.S.A., Inc.
24 55 Paees Fe ff.. Read PO BOX 193176,
Atlanta, GA. znzzo Columbus, OH 43218
ATTN: Contract Administration
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IN WITNESS WIIEREOF, this Contract is executed on the date set forth above.
CONTRA
AUTI-40RIZED SIGNATURE
Rieves, Vice President, Pro Business
PRINTED NAME AND TITLE
_ 2455 Paces Ferry Road Atlanta, GA 30339
ADDRESS
I--14---401?
DATE
MARICO COUDi-Ty
r'� f
CHAIRMAN, BOARD OF SUPEJWISORS
ATTESTED:
r1�2:-z
K OF THE BOARD 01 I%n
JAN 17 2017
DATE
JAN 17 2017
DATE
APPROVED AS TO F � n
'I
/ ?
DEPUTY COUNTY ATTORNEY, -___,)E
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EXHIBIT A
PRICING
SERIAL 16154 -RFP
NIGP CODE: 45041
RESPONDENT'S NAME:
Home Depot U.S.A., Inc.
COUNTY VENDOR NUMBER:
W000001453
ADDRESS:
2455 Paees FenT4Wa4 PO BOX 193176,
Atlanta, GA 3033.9 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.homede ot.com
CONTACT (REPRESENTATIVE):
Richard Nyberg
REPRESENTATIVE'S E-MAIL ADDRESS:
richard nyberg@bomedepot.com
Over $100,000 Annual Net Sales Pretax = 5%Rebate
tYEWILL
ALLOW OTHER GOVERNMENTAL
ENTITIES TO PURCHASE FROM THIS CONTRACTWILL
ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS. [X] NET 30 DAYS
See Below
Note: Net 30 is for Home Depot Account transactions only. Payment is required at the time of each transaction.
Note: Net 60 payment terms for Home Depot Accounts may be available upon review of a customer's account
information.
1.0 PRICING:
1.1
Do you offer a Rebate in lieu of a discount
Yes
Details of your Rebate Program
At least $10,000 to $25,000 Annual Net Sales Pretax =1% Rebate
At least $25,000 to $100,000 Annual Net Sales Pretax = 2% Rebate
Over $100,000 Annual Net Sales Pretax = 5%Rebate
1.2
Pro Rewards Paint Program
Level
Discount
%
Minimum Annual Spend
on Paint
Gold
20%
$ 7,500
Silver
15%
$ 4,000
Bronze
10%
$ 2,000
1.3
Volume Pricing Program
For any purchase over $1,500 more aggressive
pricing may be available through the Volume Pricing
Program.
For any planned order over $1,500, call in the
request for quote to the ProDesk of your local The
Home Depot
store and ask for it to be submitted for volume
pricing consideration.
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EXHIBIT B
STATEMENT OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary
for maintenance and repair in residential, commercial and industrial environments for use by various public
entities nationwide.
Other governmental 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
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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):
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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.
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, corner 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.
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2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
Equipment, package units, evaporative coolers, tools, parts, ducting, air
filtration, thermostats, portable and fixed heaters, fans, and all ancillary
supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets,
mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, 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.
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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.
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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.
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3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the
warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout
the implementation of the Agreement. In the event that Contractor personnel's
employment status changes, Contractor shall provide County a list of replacement
personnel. . 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.
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SERIAL 16154 -RFP
HOME DEPOT U.S.A., INC., PO BOX 193176, COLUMBUS OH 43218
2455 PAGES FERRY ROArl ATT AT.TTA !7A 3 03 3-9
PRICING SHEET: NIGP CODE 45041
Terms:
NET 30
Vendor Number: VC0000005735
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, X12026.
255
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Audra Curts-Whann, Assistant City Manager
Genesis Cuevas, Purchasing Manager
DATE: September 15, 2022
RE: FY 2022-2023 Blanket Purchase Order HOME DEPOT
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
This Resolution authorizes a blanket purchase order with Home Depot for maintenance, repair,
industrial and other operating supplies for fiscal year 2022-2023, in an amount not to exceed
$110,000.00. The City shall utilize the Omnia Partners Contract No. 16154 which expires 12/31/202(
to purchase maintenance, repair, industrial and other operating supplies from Home Depot, in
accordance with Section 62-13(c) of the City Code. OMNIA Partners is the largest and most trustee
cooperative purchasing organization for public sector procurement. As a member of Omnia, the City is
able to participate and utilize competitively solicited contracts to obtain the best goods/services and
pricing available in the market.
ADDITIONAL INFORMATION:
The City receives an annual rebate for the participation in the Home Depot's incentive program. ThE
City's rebate check is received by the Finance Department and deposited in the Misc Revenue -
Rebates account (001-0-3699-369909-00000).
The City's earned rebates for the last two fiscal years are as follows:
Item Number: 10.1
223
1. The City received a 5% rebate in the amount of $5,704.67 on 3/4/2022 for calendar year 2021
purchases.
2. The City received a 2% rebate in the amount of $1,516.35 on 3/16/2021 for calendar year 2020
purchases.
There is a rebate program through this contract in which the City receives monies back outlined as
follows:
• At least $10k - $25k Annual (calendar year) Net Sales = 1% Rebate
• At least $25k - $100k Annual (calendar year) Net Sales = 2% Rebate
• Over $100k Annual (calendar year) Net Sales = 5% Rebate.
FUNDING SOURCE:
Various budget accounts.
ATTACHMENTS:
Resolution
Home Depot Contract
Item Number: 10.1
224