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HomeMy WebLinkAboutReso 2011-1787 RESOLUTION NO. 2011- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF SUPPLIES AND EQUIPMENT FROM HOME DEPOT FOR THE PUBLIC WORKS DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THIRTY -NINE THOUSAND DOLLARS ($39,000.00) ANNUALLY, PIGGYBACKING THE CONTRACT BETWEEN MARICOPA COUNTY AND HOME DEPOT THROUGH RFP NO. 11019; 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 Public Works Department 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 utilize the contract between Maricopa County and Home Depot through RFP No. 11019 which offers a special pricing program for qualifying purchases with an annual volume rebate structure; and WHEREAS, City Code Section 62-13(C) provides the authority to access a competitively solicited contract from any other governmental organization; and WHEREAS, the City wishes to authorize the purchases from Home Depot for supplies and equipment, in an amount not to exceed Thirty-Nine Thousand Dollars ($39,000.00) annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreements. The City Commission hereby authorizes the purchase of supplies and equipment from Home Depot for the Public Works Department, in an amount not to exceed Thirty-Nine Thousand Dollars ($39,000.00) annually. 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 20th day of October 2011. Nj man S. Edelcup, Mayor R2011- Home Depot Agmt for Public Works Supplies Page I of2 ATTEST: ;~A Ll~'A) I . Jane N Hines, CMC, City Clerk , APPROV "AS TO FORM AND LEG" ',' U FI IENCY Vote: S- 0 Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl V(Y es) ~Y es) ~es) -.0Y es) ~Yes) R2011- Home Depot Agmt for Public Works Supplies Page 2 of2 Moved by: (\')~ c:.;:C...l..H)LL Seconded by: c...o~~ ~\Tt) _(No) _(No) _(No) _(No) (No) CONTRACT PURSUANT TO RFP SERIAL 1l019-RFP This Contract is entered into this sixth (6th) day of July, 2011 by and between Maricopa County ("County"), a political subdivision of the State of Arizona, and Home Depot U.S. A. [nc, a Delaware corporation ("Contractor") for the purchase of Retail Maintenance, Repair and Operating (MRO) commodities and related services. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of three (3) years, beginning on the first (1 $I) day of August, 20ll and ending the thirty-first (31st) day of July, 2014. 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 three (3) 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 thirty (30) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 2,0 FEE ADJUSTMENTS: Retail prices or discounts off marked prices at point-of-sale (POS) are permitted to be adjusted once per calendar year after the initial award, in conjunction with the Contractor's annual catalog publication date. Any requests for other reasonable pricing adjustments shall be submitted sixty (60) days prior to the catalog publication date. If County agrees to the adjusted discounts, County shall issue written approval of the changes 3.0 PAYMENTS: 3. I As consideration for performance of the duties described herein, County shall pay Contractor 11le sums stated in Exhibit" A." 3.2 For non-procurement card transactions, payment shall be made upon the County's receipt of a properly completed invoice. 3.3 INVOICES (NON-PROCUREI\t1ENT CARD TRANSACTIONS): 3.3.1 The Contractor shaH submit detailed invoice before payment(s) can be made At a minimum, the invoice must provide the following information: . Company name, address and contact . County bill-to name and contact information . Contract serial number . County purchase' order number SERIAL 1l019-RFP . Invoice number and date . Payment terms . Date of service or delivery . Quantity . Description of service provided . Pricing per unit of service . Freight (if applicable) . Extended price . Total Amount Due 3.3,2 Problems regarding billing or invoicing shall be directed to the County 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 Flmds 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 (www. mari cOp'~v /financelvendors), 3.3.4 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. 4,0 AVAILABILITY OF FUNDS: 4.1 The provisions of tl1.is Contract relating to payment for services shall become effective when funds assigned for tlie 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 [0 the availability of funds, 4,2 If any action is taken by any state agency, Federal department or any other agency or instnunentality 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 witll, 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 ofthis 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", or as otherwise directed in writing by the Procurement Officer. 6,0 TERMS and CONDITIONS: 6,1 INDEMNIFICATION: 6.1.1 To the fullest e,,-1em permitted by law, Contractor shall defend, indemnify, and hold harmless County, its agents, representatives, officers, directors, officials, and employces from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs, e"-'Pert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions, mistakes or malfeasance relating to the performance of this Contract. Contractor's duty to defend, indemnify and hold harmless County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions SERIAL l1019-RFP or mistakes in the performance of this Contract by the Contractor, as well as any person or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be legally liable, 6,1.2 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, 6.1.3 The scope of this indemnification does not extend to the sole negligence of County, 6.2 INSURANCE REQUIREMENTS: 6,2.1 Contractor, at Contactor's own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State or Arizona and possessing a current A,M. Best, Inc. rating of A-, VII or higher. 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 wltil all work or servic~ required to be performed Wider the terms of the Contract is satisfactorily 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 policics 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. Contactor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of slIch deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 6.2,6 County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance certificates. County shall not be obligated to review policies and/or endorsements or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of County's right to insist on strict fulfillment of Contractor's obligations under this Contract. 6,2,7 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) DolIars. 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 tile same extent that they would have been available had such insurance policy been carried, unless specifically provided to the contrar)' herein. SERiAL 11019-RFP 6.2,8 The policies required hereunder, except Workers' Compensation, 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. 6,2,9 Commercial General Liability. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage, 6,2,10 Automobile Liability. CommerciaJ/Eusiness 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 occurrcnce with respect to any of the ContfClctor'S owned, hired, and non-owned vehicles assigned to or uscd in performance-of the Contractor's work or services under this Contract. 6.2.11 Workers' Compensation, 6.2,11,1 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 $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. 6,2,11.2 Contractor waives all rights against County 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 pursuant to this Contract. 6,2,12 Certificates of Insurance, 6,2. 11.1 Prior to commencing work or services under this Contract, Contractor shall fumish the County with 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 tiOe, 6.2.11.1.1 In the event any insurance policy (ies) required by this Contract is (are) written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance. 6.2. 11.1.2 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (I5) days prior to tIle expiration date. 6.2.13 Cancellation and Expiration Notice. Insuranye required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. SERIAL l1019-RFP 6.3 WARRANTY OF SERVICES: 6.3,1 The Contractor warrants that all services provided hereunder will cOllfonn 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 ....varra11ty. 6.3.2 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. Services corrected by the Contractor shall be subject to all the provisions of this Contract in tile manner and to the same extent as services originally furnished hereunder. 6.4 INSPECTION OF SERVICES: 6.4.1 The Contractor shall provide and maintain an inspection system acceptable to Count~y 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, 6.4,2 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. 6.4.3 If any of the services do not conform with Contract requirements, County may require Ole Contractor to perform the services again in conformity with Contract requirements, at on increase in Contract anlOunt. When the defects in services cannot be corrected by re- performance, County may: 6.4,3.1 Require the Contractor to take necessary action to ensure [hat future performance conforms to Contract requirements; and 6.4.3,2 Reduce the Contract price to reflect the reduced value of the services performed. 6.4.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with Contract requirements, County may: 6.4.4.1 By Contract or otherwise, perform the services and charge to the Contractor any cost incurred by County that is directly related to the performance of such service; or 6.4.4,2 Terminate the Contract for default. 6.5 PROCUREMENT CARD ORDERING CAPABILITY: The County may determine to use a MasterCard Procurement Card, to place and make payment for orders under the Contract. 6,6 INTERNET ORDERlNG CAPABILITY: The County intends, at its option, to use the Internet to communicate and to place orders under this Contract. SERIAL 1l019-RFP 6.7 NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Department of Materials Management Attn: Director of Purchasing 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: Goverrunent and National Accounts Contract Manager 2455 Paces Ferry Road Atlanta, GA 30339 6.8 REQUIREIv1ENTS CONTRACT: 6.8.1 Contractor signifies its understanding and agreement by signing this document Ulat this Contract is a requirements contract. TIus Contract does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when County identifies a need and issues a purchase order or a written notice to proceed, 6,8,2 County reserves the right to cancel purchase orders or notice to proceed within a reasonable period of time after issuance, Should a purchase order or notice to proceed be canceled, the County agrees to reimburse the Contractor for actual and documented costs incurred by the Contractor. The County will not reimburse the Contractor for any . avoidable costs incurred after receipt of cancellation, or for lost profits, or shipment of product or performance of services prior to issuance of a purchase order or notice to proceed. 6.8.3 Purchase orders will be cancelled in writing. 6,9 TERMINATION FOR CONVENIENCE: The Count)' reserves the right to terminate the Contract. in whole or in part at any time, when in the best interests of the County without penalty or recourse. Upon receipt of the written notice, the Contractor shall immediately slOp all work, as directed in the notice, notify all subcontractors of the effective date of the termination 3l1d minimize all further costs to the County, . The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the tennination, 6.10 TERMINATION FOR DEF A\J1,T: 6.10.1 In addition to the rights reserved in the Contract, the County may terminate the Contract in whole or in part due to the failure of the Contractor to comply with any ternl or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. 6.10.2 The County may, upon termination oftms Contract, procure, on terms and in tile marmcr that it deems appropriate, materials or services to replace those under this Contract. 6.10.3 The Contractor shall continue to perfoml, in accordance with the requirements of the Contract, up to the date of termination, as directed in the temlination notice, SERIAL 11019-RFP 6.11 STATUTORY RlGJIT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R. S, 938-511 the Count)' may cancel this 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 consultiU1t to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S 938-511 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 tIle contract arising as the result of the Contract. 6,12 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 under this contract. 6,13 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete products and/or services provided under this Contract. If a requirement is deleted, payment to the Contractor will be reduced propOltionate1y to the amount of service reduced in accordance with the proposal price. If additional services and/or products are required from this Contract, prices for such additions will be negotiated between the Contractor and the County, 6.14 RELATIONSHIPS: In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, partnership, principal and agent, or joint venture between the District and the Contractor. 6,15 SUBCONTRACTING: The Contractor may not assign this Contract or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County, which shall not be unreasonably withheld, All correspondence authorizing subcontracting must refercnce the Proposal Serial Number and identify the job project. 6.16 AMENDMENTS: All amendments to this Contract shall be in writing and 'approved/signed by both parties. Maricopa County Materials Management shall be responsible for approving all amendments for Maricopa County. 6.17 RETENTION OF RECORDS: 6.17.1 The Contractor agrees to retain all financial books, records, and other documents relevant to this Contract for six (6) years after final payment or until after the resolution of any audit qucstions which could be more than six (6) years, whichever is longer. The County, Federal or State auditors and any other persons duly authorized by the Depm1ment shaH have full access to, and the right to examine, copy and make use of, any and all said materials. 6,17,2 If the Contractor's books, records and other documents relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor SERIAL 11019-RFP shall reimburse Maricopa County for the services not so adequately supported and documented, 6.18 AUDIT DISALLOWA..NCES: 6,18,1 If at any time, County determines tllat a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify tlle 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. 6.19 ALTERNATIVE DISPUTE RESOLUTION: 6,19,1 After the exhaustion of the administrative remedies provided in the Maricopa County Procurement Code, any contract dispute in this matter is subject lo compulsory arbitration. Provided tlle parties participate in the arbitration in good faitll, such arbitration is not binding and Ole parties are entitled to pursue the matter in slate or federal court sitting in M31icopa County for a de novo determination on the law ,Uld facts, If the parties cannot agree on an arbitrator, each party will designate an arbitrator and those two arbitrators will agree on a third arbitrator, The three arbitrators will then serve as a panel to consider the arbitration. The parties will be equaIly responsible for the compensation for the arbitrator(s). The hearing, evidence, and procedure will be in accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (IO) days of the completion of the hearing tlle arbitrator(s) shall: 6,19.1.1 Render a decision; 6,19.1,2 Notify the parties that the exhibits are available for retrieval; and 6,19.1,3 Notif)' the parties of the decision in writing (a letter to the parties or their counsel shall suffIce). 6.19.2 Within ten (10) days of the notice of decision, eitJler party may submit to the arbitralor(s) a proposed form of award or other fmal disposition, including any form of award for attorneys' fees and costs. Within five (5) days of receipt of the foregoing, the opposing party may file objections, Within ten (lO) days of receipt of any objections, the arbitr3tor(s) shall pass upon the objections and prepare a signed award or otheronaI disposition and mail copies to all parties or their counsel. 6.19,3 Any party which has appeared and participated in good faith in the arbitration proceedings may appeal from the award or other final disposition by filing an action in the state or federal court sitting in Maricopa County within twenty (20) days after date of the award or other final disposition. Unless such action is dismissed for failure to prosecute, such action will make the award or other final disposition of the arbitrator(s) a nullity. 6,20 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. SERIAL] 1 019- RFP 6.21 RlGHTS IN DATA: The County shall own have the use of all data and reports resulting from this Contract without additional cost or other restriction except as provided by law. Each party shall supply to the other party, upon request, any available information that is relevant to this Contract and to the performance hereunder. 6,22 INTEGRATION: This Contract represents the entire and integrated agreement between tl1e parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 6,23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES ~41- 4401 AND FEDERAL Hv!:MIGRATION LAWS AND REGULATIONS: 6,23,1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal inunigration laws and regulations related to the immigration status of its employees and A.R.S. ~23-214(A), The contractor shall obtain statements [Tom its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These wan-antics shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification fonns (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all 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. 1-9 forms are available for download at USCIS,GOV. 6.23.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 3.18.1 of this Section. Contractor and subcontractor shall be given reasonable notice of tl1e County's intent to inspect and shall make the documents available at tl1e 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 debannent of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 6,23,3 This section is applicable to services provided in the state of Arizona only, The Contractor shall comply with similar statutes that may have been enacted in other states. 6.24 VERlFICATION REGARDING COMPLIANCE WITH ARlZONA REVISED STATUTES ~S35.391.06 AND 35-393,06 BUSIl'<'ESS RELATIONS WITH S1,;'DAN AND IRAN: 6,24,1 By entering into the Contract, the Contractor certifies it does not have scrutinized business operations in Sudan or Iran. 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. 6,24,2 The County may request verification of compliance for any contractor or subcontractor performing work under the Contract. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, tennination 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. SEIUAL 11019-RFP 6.25 CONTRACTOR LICENSE REQUIREMENT: 6.25,1 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 goverlUl1ental or non-governmental entities as mandated to mainl1lin 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 Materials Management and the using agency of any and all changes concerning permits, insurance or licenses, 6.25.2 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 ad,;ised 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. 6.26 CERTIFICATION REGARDING DEBARMENT Al\TI SUSPENSION 6,26.1 The lU1dersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: 6,26,1.1 are not presently debaITed, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 6,26.1.2 have not within 3-year period preceding tillS Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 6,26.1,3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification~ and 6,26,1.4 have not within a 3-year period preceding tillS Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 6,26,2 Should the Contractor not be able to provide tl1is certification, an explanation as to 'why should be attached to the Contact. 6,26,] The Contractor agrees to include, without modification, tillS clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to tillS Contract. 6,27 PRICES: Contractor warrants that prices extended to County under this Contract are no higher t11an ti10se paid by any other non-federal government customer for these or similar services. SERIAL l1019-RFP 6.28 GOVERNING LAW: This Contract shall be governed by the laws of the state of Atizona. 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 6.29 ORDER OF PRECEDENCE: In the event of a confJict in the provisions of this Contract and Contractor's license agreement, if applicable, the terms of this Contract shall prevail. 6,30 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($A VE) The County is a member of the $A VE cooperative purchasing group. $A VE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts, Under the $A VE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $A VE 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 $A VE, 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. 6.31 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (lCPA's) 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 requirement,> under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other govenunental entities. Your response will not be considered as an evaluation factor in awarding a contract, 6.32 INCORPORAT10N OF DOCUMENTS: The following are to be attached to and made part of this Contract: 6.32.] Exhibit A, Pricing; 6.32.2 Exhibit B, Scope of Work; 6,32.3 Exhibit C, FEMA and ARRA Terms and Conditions SERIAL l1019-RFP IN WITNESS WHEREOF, this Contract is executed on the date set forth above. J ,:r eves. Vice President Pro Business PRINTED NAME AND TITLE 2455 Paces Ferrv Road Atlanta, GA 30339 ADDRESS j- ? ~ {I DATE MARICOPA COUNTY ~ JUL 19 2011 CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: JUL 19 2011 CLERK OF THE BOARD 01 0 u II DATE APPROVED AS TO FORM: ~..-~ LEGAL CO 1 , ~ ~ IS' db irl DATE' SERIAL 1l019-RFP EXHIBIT A PRICING SERIAL 11019-RFP NIGP CODE: 4504 J RESPONDENT'S NAME: COUNTY VENDOR NUMBER: ADDRESS: Home Depot U.S.A" Inc, 20110008550 2455 Paces Ferry Road Atlanta, GA 30339 Each local The Home Depot stores P.O. ADDRESS: TELEPHONE NUMBER: FACSIMILE NUMBER: WEB SITE: CONTACT (REPRESENTATIVE): REPRESENTATIVE'S E-MAIL ADDRESS: 866-589-0690 866-589-0691 www.homedepot.com Richard Nyberg richard nvberq(Q)homedepot.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X] [ ] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [X] [ ] PAYMENT TERMS: NET 30 DAYS (See Note) Note: Net 30 is for Home Depot Account transactions only. Payment is required at the time of each transaction, for all transactions 1.0 PRICING: 1, 1 Discount off marked price at POS N/A % 1,2 Annual Issue Date of Catalog N/A 1.3 Do you offer a Rebate in lieu of a discount? Yes (Y IN) 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) == 3% Rebate City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Giovanni Batista, Public Works Department DATE: 1012012011 RE: Annual Home Depot Purchases RECOMMENDATION: Staff recommends that the Commission authorize purchases from Home Depot in an amount not to exceed $39,000.00 annually. REASONS: The City currently purchases supplies and equipment for repair and maintenance on City owned facilities. Many of these purchases occur through the Home Depot. The total amount of purchases made through the Home Depot last year totaled approximately $39,000.00. Staff will utilize the contract between Maricopa County and Home Depot (i.e. RFP No. 11019) to purchase supplies and other material necessary throughout the year. This contract will expire July 31 st, 2014. ADDITIONAL INFORMATION: The Contract between Maricopa County and the Home Depot offers a special pricing program for qualifying purchases. An annual volume rebate structure is offered which is as follows: . 1 % Annual Rebate on purchases of $1 0,000 to $25,000 .2% Annual Rebate on purchases of $25,000 to $100,000 . 3% Annual Rebate on purchases of over $100,000 FUNDING SOURCE: Funding is available from various accounts for Public Works and Cultural & Human Services departments. ATTACHMENTS: . Resolution . Agreement Age~~ _\ DD Date \0-20- 1\