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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: 3-16-04
ORIGINAL
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXTENSION OF
THE AGREEMENT WITH OFFICE
DEPOT FOR CITY-WIDE OFFICE
SUPPLY PURCHASES FOR AN
ADDITIONAL ONE-YEAR PERIOD.
MICC Meeting Date: AprilS, 2004
From: Barbara Pachon
Dept: Finance
Synopsis of Previous Council Action:
7-10-00 Authorize agreement to piggyback on US Communities! County of Los Angeles
bid for office supplies to Office Depot
Recommended Motion: Adopt Resolution
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Contact person: R..rh,ors. p.."hnn
Phone:)(!;?"'?
Supporting data attached: Ward: all
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)--Various
(A,....,...t n~:u::;,...rirtinn }--\I::l1rinllQ:
Finance: ~#~
Council Notes:
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Agenda Item No. --15
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the extension of the agreement with Office Depot for citywide office supply purchases
for an additional one-year period.
Background:
In June 2000 the Purchasing Division worked to consolidate the various office supply
vendors into one contract with a local vendor. It was determined that the most efficient
and cost effective way to proceed was to explore the possibility of utilizing a contract
with a participation clause available with one of the larger public agencies. This option
was chosen so that we could take better advantage of the pricing breaks and volume
discounts available to the larger agencies.
On June 10, 2000, Council approved for the City to enter into a "piggyback" agreement
with Office Depot, that utilized the US Communities/County of Los Angeles bid for office
supplies. The initial period of the contract expired on 3/04/04. There were renewal
options available if US Communities/County of Los Angeles desired to extend the
contract through 3/04/05.
The US Communities/County of Los Angeles has chosen to issue to Office Depot an
extension of the contract through 3/04/05, with all of the original terms and conditions.
Office Depot allows for Internet, telephone and fax ordering of office supplies with next
day delivery directly to the requestor's desk.
Office Depot also has retail stores in San Bernardino, which departments may go to
shop at for emergency purchases using a Store Purchase Card, and have their
purchases added to their department's billing. The Business Services Division of Office
Depot is located within the City of San Bernardino, which provides the resulting sales
tax revenue, which is allocated to the City of San Bernardino.
Purchasing has reviewed and compared prices between Corporate Express and Office
Depot. Office Depot, Boise Cascade and Corporate Express are the office supply
vendors who offer the lowest government prices, and have agreements with agencies
throughout the State. Most of the agencies in the Southern California region have
agreements with either Office Depot or Corporate Express to provide office supplies.
Corporate Express currently has the office supply contract for the County of Orange.
Office Depot, overall, does have equal or lower prices as the attached table illustrates.
Office Depot is located within the City of San Bernardino and provides the resulting
sales tax revenue, which is allocated to the City of San Bernardino. Corporate Express
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would not provide any local sales tax revenues and does not have any local retail
outlets.
Below is a comparison of prices on a recent order:
Item Ordered Office DeDot Total Cost CorD EXD. Total Cost Different Brand
cost Cost
Envelope 6.5"x9.5" 20 $ 6.07 $ 121.40 $ 6.49 $ 129.80 Yes
Envelope 9"x12" 20 $ 4.68 $ 93.60 $ 7.62 $ 152.40 Yes
Correction Fluid 144 $ 0.70 $ 100.80 $ 0.72 $ 103.68 Yes
File Labels 61 $ 1.30 $ 79.30 $ 1.80 $ 109.80 Yes
Finger Moisteners 12 $ 0.77 $ 9.24 $ 1.11 $ 13.32
Pencil Lead Refill 24 $ 6.60 $ 158.40 $ 4.44 $ 106.56
Highlighter 48 $ 0.49 $ 23.52 $ 0.34 $ 16.32 Yes
Ballpoint Pen 24 $ 0.99 $ 23.76 $ 5.52 $ 132.48
Tape 3/4" x 36' 144 $ 0.68 $ 97.92 $ 0.82 $118.08
Cartridge, staple 3 $ 3.96 $ 11.88 $ 4.15 $ 12.45
Mech. Pencil 14 $ 2.54 $ 35.56 $ 1.99 $ 27.86
Date Stamp 2 $ 2.06 $ 4.12 $ 1.09 $ 2.18 Yes
Sub total $ 759.50 $ 924.93
Tax $ 58.86 $ 71.68
Total $ 818.36 $ 996.61
Please note that, in several instances, switching vendors would require us to change
brands and products that we are currently carrying which may result in a change in the
quality and performance of the items.
Staff recommends that the City continue to maintain its agreement with Office Depot, as
Office Depot is a local vendor and the agreement allows the City to purchase items at a
lower government rate. If city departments are in need of office supplies that are either
not available at Office Depot or the items are cheaper at another local vendor, then
departments can purchase from these vendors. The Purchasing Division's goal is to
keep all city purchases in the local business community at the lowest cost.
Financial Impact:
The estimated yearly cost of this contract will be $ 250,000. All city departments that
order office supplies have included funds for these items in their budgets. The exact
amount for FY 04/05 will be dependent on the approved office supply budget amounts
for each city department.
Recommendation:
Adopt resolution authorizing the extension of the agreement with Office Depot for
citywide office supplies, and issuance of annual purchase orders for FY 04/05.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXTENSION OF THE AGREEMENT
WITH OFFICE DEPOT FOR CITY-WIDE OFFICE SUPPLY PURCHASES FOR AN
ADDITIONAL ONE-YEAR PERIOD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Office Depot offers a competitive cooperative purchase master
agreement through US Communities, with the County of Los Angeles as lead agency, for
office supplies and services purchases. The City of San Bernardino participates in this
agreement, whose initial contract period expired on 3/04/2004.
The US
Communities/County of Los Angeles organization has entered into a one-year renewal
period with Office Depot to extend the contract through 3/04/2005. Pursuant to this
determination, the Purchasing Manager is hereby authorized to extend the "piggyback"
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17 . same date for the purchase of citywide office supplieso The annual purchase orders .shall
agreement to Office Depot through 3/04/2005, and issue annual purchase orders through
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incorporate by reference this Resolution No. 2004-_0 The subsequent renewal of the
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annual purchase order is contingent upon approval of the city's annual budget.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXTENSION OF THE AGREEMENT
WITH OFFICE DEPOT FOR CITY-WIDE OFFICE SUPPLY PURCHASES FOR AN
ADDITIONAL ONE-YEAR PERIOD.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
day of
, 2004, by the following vote, to wit:
on the
7 Council Members:
8 ESTRADA
9
AYES
NAYS
ABSTAIN ABSENT
LIEN
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MCGINNIS
12 DERRY
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KELLEY
JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
19 2004.
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day of
Judith Valles, Mayor
City of San Bernardino
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23 Approved as to
Form and legal content:
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JAMES F. PENMAN,
25 City Attorney
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TERM CONTRACT
COUNTY OF LOS ANGELES
INTERNAL SERVICES DEPARTMENT
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OFFICE DEPOT
[3USiNCSS S::;'(VICES
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CONTRACT NUMBER. 41421
AMENDMENT NUMBER 05
TYPE OF CHANGE: ,\DMINISTRATlVE
;.,JHCItA.M- AG~ ..,~., "-0 ISICIXI
INTl!IIlNAl.lPYlC1!S DI"AIIlTMINT
PURCHASiNG OtYI$ION
1100 N. EASTERN AY&lCUE.. ROOM G.l15
LOS ANGElES. CA 9OCI13
I:iUY6:H
tlUvi:.R ....10'*
": -NUt.'Ii&ER
DATE ISSueD
MARTHA GASCA
UJ312t7-Utl
T"l!.(:
DV1'>Oe
1!:,'I!:CTYVf. DATE:
EXPlHATlOf'iaAlE
C30'O"C,l
l'lo'G-I'OoI
EXTENSION OPTiON
, 11 MO"'N AVAILABLE
FM INTERNAL n...OS ANGelEI COUNTYI US, ONLY
\I1:.NOOH HUMHiR.
Vi:.NOOR PHONt
HfClUlSITIOJIINO
FtsCAL VEAR:
001019-01
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1100"5'
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OFFICE SUPPLIES
AMENDMENT INFORMATION
EXTENSION OF CONTRACT NUMBER 41021- FOR A PERIOD OF TWELVE (12) MONTHS
CHANGE OF EXPIRATION DATE. f.!!QM: 03/00104 I2 03l0410S
CHA.NGE OF CORE ITEMS: EFFECTIVIE 03104/04 - AMENDED CONTRACT TO REFLECT CORE ITEM UNIT
PRICE CHANGES AND REVISED CORE PRODUCT LIST
ADO PRICE GUARANTEF - FOR CORE PAPER ITEMS:
PRICES ARE ESTABLISHED ON A COST.PLUS' BASIS DURING THIS ONE (1) YEAA EXTENSION IN ACCORDANCE
V,1T~ THE ORIGINAl. RFP. SECTION 7.0.2 PRIOR TO ANY PRICE INCREASE. THE VENDOR MUST PROViDE
ADVANCED WRITTED NOTICE OF A MINIMUM OF FIFTEEN 11S) DAYS TO THE COUNTY OF LOS ANGELES OF TI1E
'''TENT TO INCREASE PRICES AND SPECIFY THE AMOUNT OF THE INCREASE. DURING THIS FIFTEEN (151 DAY
PERIOO, THE COUNTY AND PART!CIPATING MUNiC:?AlITIES UNDER THIS AGREEMENT MAV F"LACE ORDERS AT
TilE EXISTING CONTRACT PRICE BEFORE SUCH INCREASE IS EFFECUATED.
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'"j/' -, !t<-,~,/.1J. .' ,.,,:.1151,:..-,1/ r~~",1c ,-
CO.UNTY tOS ANQEL.ES (A UCRUD REPREStIlTAT~)'~, i j'.. J'-i OFFICE :>
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: AMENDMEIilTTEXT
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I TEk-M"C-DNTRACT
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PRICE INCREASES MUST BE LIMITED TO ACTUAl INCREASE INCURRED BY THE Ve"DOR AND MUST BE
DOCUMENTED TO REFLECT THE VENDOR'S COST INCREASE, PAST AND PRESENT '''VOICES ARE
ACCEPTABLE DOCUMENTATION AS WELL AS MA"UFACTURER'S PUBLISHED PRICE LISTS, OR OTHER
SUCH VAliD EVIlENCE THAT IS DEEMED ACCEPTABLE TO THE COUNTY,
VENDOR SA\I1NGS SPECIFIC TO DECREASES IN COSTS INCURRED MUST BE PASSED ALONG TO THE
COUNTY AND PARTICIPATING MUNICIPALITIES IN THE FORM OF LOWER PRICING FOR AFFECTED
PRODUCTS WHICH SHAlL BE EFFECUATEO AT THE TIME THAT THE VENDOR BECOMES AWARE THAT THE
PUBLISHED PRICE LIST HAS CHANGED,
ilASIS, LETTER SIGNED BY LARRY RODMAN, VICE PRESiDENT. OFFICE DEPOT. DATED 02-'001/04 OFFER'NG
TO EXTEND AGREEMENT FOR AN ADDITIONAl 12 MONTHS WITH CORE PRODUCT LIST PRICE
REDUCTIO"S AND ITEM ADDlTIONS IN ACCORDANCE WITH OPTION.
PRICE GUARANTEE CLAUSE INADVERTANTl Y OMITTED FROM CONTRACT
AlL OTHER PRICES. TERMS AMD CO"DITlONS REMAIN UNCHANGED
ANNUAL CONSUMPTION eSTIMATE {FOR L.OS ANGELES COUNTY,. 54 6 MILLION
(END OF AMENDMENT INFORMATION)
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PURCHASING AND CONTRACT SERVICES
MASTER AGREEMENT
NO. 41421
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
OFFICE DEPOT
FOR
OFFICE AND STATIONERY SUPPLIES AND PRODUCTS
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MASTER AGREEMENT BETWEEN
COUNTY OF LOS ANGELES
AND OFFICE DEPOT
FOR OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT
TABLE OF CONTENTS
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1.0 PURPOSE........ ............. ...... ......... .............. ......... ............ ...... ............... 1
1.1 Priority of Interoretation.................................................................. 1
1.2 Entire Master Aoreement............................................................... 1
2.0 DEFINITIONS.. .... ..... ............. ......... ......... ................................... ....... ... 2
2.1 Dayls)...... ............... ............... .............................. ...... ............... 2
2.2 Elioibility Vendor.......................................................................... 2
2.3 Fiscal year................................................................................. 2
2.4 Normal Workino Hours.................................................................. 2
2.5 Master Aoreement......................................................................... 2
3.0 CHANGE NOTICES AND AMENDMENT................................................... 3
3.1 Master Aoreement Chanoes.......................................................... 3
4.0 WORK.................. ...... ............ ............................. .......... ..................... 3
4.1 Non-transferable Resoonsibilities......... ..................... ............... ...... 3
4.2 Assionment and Subcontractino....................................................... 3
4.3 Time is of the Essence................................................................... 3
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5.0 TERM OF AGREEMENT.......................................................................... 4
5.1 Term............ ......... ... ... ... ... ... ... ...... .......................... ...... ............. 4
5.2 Extension...... ........ .... ..... ....... ........ .... ...... ... ............ ................. ....4
6.0 METHOD OF PURCHASE, INVOICING AND PAyMENTS............................ 4
6.1 Purchase Orderlsl.................. ......... .............. .............................. 4
6.2 Pricino and Discounts................................................................... 4
6.3 Warranty and Product Comoliance.................................................. 5
6.4 Invoice and Payment Terms........................................................... 5
6.5 ProducUEouioment Pricino and Maintenance..................................... 5
6.6 Indeoendent Contractor Status........................................................ 6
7.0 INDEMNIFICATION AND INSURANCE....................................................... 6
7.1 Indemnification...... ..... ............ ...... .......... ............ .................. ....... 6
7.2 Insurance.................... ........................................... ...... .............. 7
7.3 Liability Insurance.............. .......... ........................... ..................... 7
7.4 Failure to Procure Insurance.......................................................... 8
8.0 RECORDS, DOCUMENTS AND AUDITS................................................... 8
8.1 Publicity..... ................. .......... ............................................ ......... 8
9.0 EMPLOYMENT ELIGIBILITY VERIFICATION............................................. 9
10.0 CAPTIONS AND PARAGRAPH HEADINGS............................................... 9
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C 11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21.0
22.0
0 23.0
24.0
25.0
26.0
27.0
28.0
29.0
30.0
31.0
32.0
33.0
34.0
C 35.0
36.0
WAIVER.............................................................................................. 9
GOVERNING LAW. JURISDICTION AND VENUE....................................... 9
SEVERABILITy.................................................................................... 9
HIRING POLICIES... ...... .............. ........................ ............... .......... ..... .... 10
14.1 Prohibition of HirinQ...................................................................... 10
TERMINATION FOR GRATUiTIES........................................................... 10
TERMINATION FOR INSOLVENCy......................................................... 10
TERMINATION FOR DEFAULT............................................................... 10
TERMINATION FOR CONVENIENCE....................................................... 11
TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE.......... 11
COUNTY AUDIT SETTLEMENTS............................................................ 11
CONFLICT OF INTEREST............ .................. ............... ........... ........ ...... 12
FORCE MAJEURE............ .......... ........ ............ ........ ...... ............. ..... ...... 12
MOST FAVORED PUBLIC ENTITY.......................................................... 12
DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS.................. 12
RESTRICTIONS ON LOBByiNG.............................................................. 13
25.1 COUNTY Proiects............ ........................... .......... ............ ........... 13
NOTICES... .............. ................ ......... ....................................... ...... ...... 13
AUTHORIZATION WARRANTY... ......... ....................... ................... ...... .... 13
VARIATION OF TERMS..... .............................................. .................. ..... .13
CANCELLATION OF ORDERS............ ......... ................. ................... ....... 14
NON-EXCLUSIVE AGREEMENT......... ............ ......... ............ ................... 14
COMPLIANCE WITH APPLICABLE LAW................................................... 14
FAIR LABOR STANDARDS..................................................................... 14
NONDISCRIMINATION AND AFFIRMATIVE ACTION................................... 14
CONSUMPTION REPORTS/ITEM NUMBERS/RESTRICTED PURCHASES.... 15
ORDERING REQUiREMENTS................................................................ 16
PARTICIPATING MUNICIPALITIES... ............ ..................... ............... ....... 16
AUTHORIZATION OF MASTER AGREEMENT..................................................... 19
EXHIBITS
EXHIBIT A - PRICING AND DISCOUNTS FOR L.A. COUNTY ONLY........................20
EXHIBIT B - PRICING AND DISCOUNTS FOR U. S. COMMUNITIES (GPA)..............21
EXHIBIT C - VENDOR'S PROPOSAL (Not Attached)............................................ 22
EXHIBIT D - COUNTY'S REQUEST FOR PROPOSALS (Not Attached).................. 23
EXHIBIT E - VOLUME AND E-COMMERCE DiSCOUNTS.................................... 24
EXHIBIT F - EXCEPTIONS TO TERMS AND CONDITIONS................................ 25
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1.0
MASTER AGREEMENT BETWEEN
COUNTY OF LOS ANGELES
AND OFFICE DEPOT
FOR OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT
PURPOSE
This Office and Stationary Supplies and Equipment Master Agreement (hereafter
"Master Agreement") is made and entered into by and between the County of Los
Angeles (hereafter "COUNTY"), and Office Depot (hereafter 'VENDOR").
WHEREAS, COUNTY AND VENDOR agree that VENDOR will offer to provide
COUNTY, COUNTY employees and others as more fully described herein with Office
and Stationery Supplies and Equipment, hereafter sometimes referred to as the
(Product/Equipment").
WHEREAS, VENDOR is in the business of selling and supplying Office and Stationery
Supplies and Equipment, and
WHEREAS, VENDOR is willing and able to offer, deliver, service and support the
products/equipment it offers to, COUNTY departments/divisions, COUNTY
offices/organizations, COUNTY employees, and any other entities as set forth herein
(hereafter "Customer(s)"). This document, together with the exhibits identified in
Paragraph 1.1 (Priority of Interpretation), defines the scope of this Agreement.
1.1
Priority of Interpretation
This document without exhibits is referred to as the "Base Agreement." The Base
Agreement, Exhibit A, is attached to and forms a part of this Master Agreement. Exhibits
B, and C, referenced below but not attached, are hereby incorporated herein by
reference. Any reference throughout the Base Agreement and each of its exhibits to the
"Master Agreement" shall, unless the context clearly denotes otherwise, denote the Base
Agreement with all exhibits hereby incorporated. In the event of any conflict or
inconsistency in the definition or interpretation of any word, responsibility, schedule, or
the contents or description of any task, deliverable, service, or other work, or otherwise,
between the Base Agreement and the exhibits, or between exhibits, such conflict or
inconsistency shall be resolved by giving precedence first to the body of this Master
Agreement, and then to the exhibits according to the following priority:
1. EXHIBIT A - PRICING AND DISCOUNTS FOR L.A. COUNTY ONLY
2. EXHIBIT B - PRICING AND DISCOUNTS FOR U. S. COMMUNITIES (GPA)
3. EXHIBIT C - VENDOR'S Proposal (not attached)
4. EXHIBIT D - COUNTY'S Request for Proposals (RFP/not attached)
5. EXHIBIT E - VOLUME AND ELECTRONIC COMMERCE DISCOUNTS
6. EXHIBIT F - VENDOR'S EXCEPTIONS TO TERMS AND CONDITIONS
1.2
Entire Master Agreement
This Master Agreement incorporates and supersedes all previous agreements, written
and oral, and all prior and contemporaneous communications between the 'parties,
regarding this subject. COUNTY reserves the right to initiate change to any provision of
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this Master Agreement. All such changes shall be accomplished only by mutually signed 0
Amendments, as provided under this Paragraph 1.2 No change hereto shall be valid
unless in the form of a signed Amendment prepared and approved pursuant to
Subparagraph 3.0 (Change Notices and Amendments).
2.0 DEFINITIONS
The following terms shall have the following meaning and use herein. Capitalized terms
used in this Master Agreement, not defined in this Paragraph 2.0 shall have the meaning
ascribed to them elsewhere in this Master Agreement or in the exhibits.
2.1 Day(s)
"Day(s)" means calendar day(s) unless otherwise specified.
2.2 Eligible Vendor
"Eligible Vendor" identifies a Vendor whose evidences of insurance, as required by
Paragraph 7.0 (Indemnification and Insurance), have all been received by Purchasing
and Central Services, as set forth in Section 26.0 (Notices), and are valid and in effect at
the time of a given Work Order solicitation under this Master Agreement.
2.3 Fiscal Year
"Fiscal Year" means the twelve (12) month period beginning July 1st and ending June o.
30th.
2.4 Normal Working Hours
"Normal Working Hours" means one of the followiing work schedules, according to
individuals COUNTY department policy, excluding COUNTY holidays:
A. "5/40" which is normally eight (8) hours per day Monday through Friday
("Working Days"), with starting and ending times departmentally established;
B. "9/80", which is a flexibly arranged nine (9) hours on each of eight Working Days
in a given two-week period, plus 8 hours arranged, per department policy, on the
ninth Working Day; or
C. "4/40", which is a flexibly arranged ten (10) hours on each of four fixed Working
Days each week, with starting and ending times departmentally established.
2.5 Master Agreement
"Master Agreement" means COUNTY's standard agreement entitled "Office and
Stationery Supplies and Equipment, Master Agreement," as specified in Paragraph 1.1,
copies of which are separately executed between COUNTY and individual Qualified
Vendors, and which sets forth the terms and conditions for the provision of Office and
Stationery Supplies and Equipment, Master Agreement to COUNTY. COUNTY shall
execute Master Agreements with as many vendors as COUNTY deems qualified and 0
appropriate for COUNTY needs. All Master Agreements shall be undertaken with terms
of equal duration as set forth in Paragraph 5.0 (Terms of Agreement). Undertaking this
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3.1.2
4.0
4.1
Master Agreement does not grant any right to compensation to VENDOR, or to vendors
in the aggregate.
3.0
CHANGE NOTICES AND AMENDMENTS
3.1
Master Agreement Changes:
3.1.1
For any change which affects the period of performance, payments, or any term
condition included in this Master Agreement, a negotiated Amendment to this Master
Agreement shall be prepared and executed by COUNTY's Purchasing Agent, or
designee and VENDOR"s originally executing Authorized Officials, or designees.
For any change which does not affect the, period of performance, payments, or any
rights or obligations of this Master Agreement, a Change Notice shall be prepared and
executed by COUNTY's Purchasing Agent, or designee and VENDOR.
WORK
VENDOR shall fully complete and timely deliver, pursuant to standards, requirements,
and schedules either presently incorporated in or to be developed hereunder, all tasks,
deliverables, sub-deliverables, goods, services, and other work as set forth herein and
elsewhere hereunder.
Non-transferable Responsibilities
No assumption or takeover of any of VENDOR's duties, responsibilities, or obligations,
or performance of same by any entity other than VENDOR whether through assignment,
subcontract, delegation, merger, buyout, or any other mechanism, with or without
consideration, for any reason whatsoever, may occur without COUNTY's express prior
written approval.
If any such assumption, takeover, or unauthorized performance does occur without such
prior written approval, this Agreement will become void for failure of its essential
purpose. Such act is therefore a material breach of this Agreement, upon which
COUNTY may pursue any lawful remedy.
4.2 Assignment and Subcontracting
4.3
VENDOR shall not assign its rights, delegate its duties or subcontract any performance
of our Agreement without the express prior written consent of COUNTY. Any
assignment, delegation or subcontract without such express prior written consent shall
be null and void and shall constitute a material breach of this Agreement, upon which
COUNTY may immediately terminate the Agreement in accordance with the provisions
of paragraph 17.0 (TERMINATION BY DEFAULT).
Time is of the Essence
Time is of the Essence. If any anticipated or actual delays arise, VENDOR shall
immediately so notify COUNTY. Regardless of notice if deliveries are not made at the
time agreed upon, COUNTY may, at its sole discretion, terminate this Agreement and
proceed pursuant to Paragraph 17.0 (TERMINATION BY DEFAULT).
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5.0
TERM OF AGREEMENT
5.1 Term
This Master Agreement shall go into effect upon the date of its execution by COUNTY's
Authorized Official. or designee, indicated on the signature page hereof and shall expire
at the close of COUNTY business on March 4, 2004, unless sooner terminated, in whole
or in part, as provided herein.
5.2 Extension
5.2.1 The COUNTY's Purchasing Agent may exercise the option to extend the Master
Agreement period for additional twelve (12) month periods as set forth in Paragraph 3.0
(Change Notices and Amendments), of this Master Agreement.
5.2.2 COUNTY shall notify VENDOR of any determination to extend this Ageeement no less
than Thirty (30) days prior to the beginning of this relevant option year.
6.0 METHOD OF PURCHASE, INVOICING AND PAYMENTS
6.1 Purchase Order(s)
6.1.1 COUNTY shall purchase the items listed herein by issuance of a formal purchase order.
Such purchase order shall contain the terms and conditions applicable for that purchase.
Notwithstanding anything herein to the contrary. The purchase order, as specifically
noted, shall govern and control the applicable purchase. Preprinted additional or
different terms and conditions on the purchase order will be of no force or effect.
6.1.2 VENDOR shall not deliver prod\Jcts and/or goods to COUNTY as loaner equipment or
For trial unless and until a "No Charge" purchase order and loan agreement is received
by VENDOR from COUNTY's Purchasing and Central Services department.
6.2 Prices Discounts and Changes
6.2.1 Vendor agrees for the period of this Agreement that prices for products covered herein
Will be based on a Minimum Trade Discount from current published price list, Except for
those identified in EXHIBIT "B" as Core Products. Price changes will be allowed only on
a semi-annual basis on January 151 and July 15'of each contracting year.
6.2.2 Vendor shall advise the Los Angeles County Purchasing Department in writing of any
Proposed price increases or manufacturer's discount structure changes, identifying
Agreement by number, providing a copy of the proposed price list and/or acceptable
evidence of change in manufacturers discount structure. VENDOR will be responsible
for furnishing and delivering approved price lists to all County departments and other
participating government entities. It also shall by VENDOR's responsibility to keep
COUNTY and participating government entities informed of any other changes.
Unless otherwise qualified, revisions shall be effective on the seventh (7) business day
after such notification and receipt thereof. Upward revisions shall be subject to
acceptance by COUNTY.
6.2.3 If an increase in price is determined not to be acceptable by COUNTY, VENDOR will
be obligated to furnish the ordered products at the previous price(s).
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6.2.4 COUNTY reserves the right to review discount structure at the end of the initial
Twelve (12) months of the proposed Agreement and amend same if such is in the best
interest of the COUNTY. A primary consideration will be the then current annual dollar
volume as opposed to the original dollar estimate of the Agreement (including volume
generated by all participating agencies).
6.2.5 Notwithstanding anything herein to the contrary for thirty (30) days from date of delivery
to Customer, should Customer find a lower price, offered in Southern California, for the
same product, payment terms, quantity and delivery terms and conditions set forth in the
applicable purchase order and this Agreement, VENDOR shall, upon presentation of
authentic, (e.g., sales invoice, advertisement(s) proof of such, immediately refund the
difference to Customer. This paragraph shall not apply to special and/or one-time offers,
liquidation sales and discounted product(s). Further, COUNTY contract VENDORS and
non-authorized resellers where required by the manufacturers, are excluded.
6.3 Warranty and Product Compliance
6.3.1 All equipment provided to COUNTY must be new, unused, and be approved by either
U.L., L.A. City Testing Lab, Factory Mutual Corp, or ETL testing labs. Further,
equipment provided to COUNTY shall meet other such standards as the COUNTY may
require.
6.4 Invoices and Payment Terms
6.4.1 In no event shall the COUNTY be liable for any late fees or charges.
6.4.2 Invoices shall bear upon their face the Purchase Order number which appears in the
upper right-hand corner hereof. Invoices must state that they cover, as the case may be,
complete or partial delivery, and must show unit and unit prices. Invoices will not be
paid unless and until the requirements have been fully met. When price shown is a
delivered price, all transportation and. delivery charges must be prepared in full to
destination.
6.4.3 Unless otherwise set forth on the applicable purchase order, payment terms are net
thirty (30) days from receipt of a properly prepared and submitted invoice. Invoices shall
only be issued after COUNTY's acceptance of the goods and/or products. Discounts
shall be set forthherein.
6.5 Product/Equipment Pricing and Maintenance
6.5.1 VENDOR will be solely responsible for the maintenance of the Agreement and will
document all additions, deletion, manufacturers' discontinuance of products/equipment.
and all associated variables including pricing revisions. Any changes, substitutions,
additions, deletions and/or pricing revisions must be reviewed and approved by the
COUNTY and VENDOR in writing prior to any inclusion to the Agreement.
6.5.2 COUNTY"s Deputy Purchasing Agent will notify VENDOR in writing of formal approval
within seven (7) days after VENDOR submittal of any change to the catalog.
6.5.3 Said notification and approval shall be binding upon the COUNTY and VENDOR. Upon
such approval the Agreement shall be deemed to be amended to include such Changes.
All documentation and formal approvals and revised copies of the effected Agreement
pagels) reflecting current release revisions will be submitted to:
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L.A. COUNTY Purchasing and Central Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
Alln: Martha Gasca, SR. D.P.A.
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6.5.4 COUNTY'S Purchasing Agent will notify VENDOR of acceptance of any and all catalog
revisions prior to any purchases. Notification shall be sent to:
Office Depot
Business Services Division
8870 Greenwood Place
Savage, MD 20763
Alln: Kevin Juhring, Director of State & Local Government
6.5.5 Catalog shall have complete descriptions of each item.
6.6 INDEPENDENT CONTRACTOR STATUS
6.6.1 This Master Agreement is by and between COUNTY and VENDOR and is not intended,
and shall not be construed, to create the relationship of agent, servant, employee,
partnership, joint venture, or association, as between COUNTY and VENDOR. The
employees and agents of one party are not the employees or agents of the other party
for any purpose whatsoever.
6.6.2 VENDOR understands and agrees that all persons performing work pursuant to this 0
Master Agreement are, for purposes of worker's compensation liability, solely employees ..
of VENDOR and not employees of COUNTY. VENDOR shall be solely liable and
responsible for furnishing any and all workers' compensation benefits to any person as
a result of any injuries arising from or connected with any work performed by or on
behalf of VENDOR hereunder.
6.6.3. The employees and agents of each party, shall while on the premises of the other party,
comply with all rules and regulations of the premises, including, but not limited to,
security and requirements.
7.0 INDEMNIFICATION AND INSURANCE
7.1 Indemnification
VENDOR agrees to indemnify, defend and hold harmless COUNTY, COUNTY Special
Districts, and Participating Government entities and their elected and appointed officers,
employees, and agents, from and against any and all liability and expense, including
defense costs and legal fees, arising from or connected with claims and lawsuits
connected with VENDOR's operations, goods and/or commodities or services provided
hereunder as well as for damage or workers' compensation benefits relating to
VENDOR's and its subcontractors operations and services, which result from bodily
and/or personal injury, death, or property damage (including physical damage to
VENDOR's and its subcontractors' property, or property in the care, custody, or control
of VENDOR and/or its subcontractor(s). This indemnity shall include, but not be limited
to claims for or by reason of any actual or alleged infringement of any United States 0
patent or copyright or any actual or alleged trade secret disclosure.
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7.2
Insurance
Without limiting VENDOR's indemnification of COUNTY, and during the term of this
Agreement, VENDOR shall provide and maintain at its own expense the below-
described programs of insurance. Such programs and evidence of insurance shall be
satisfactory to COUNTY and shall be primary to and not contributing with any other
insurance maintained by COUNTY. Certificates or other evidence of coverage shall be
delivered to:
L.A. County Internal Services Department
Purchasing and Central Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
Attn: Martha Gasca, Sr. D.P.A.
Prior to commencing performance under this Agreement, shall soecificallv identify this
Aareement. and shall contain the express condition that COUNTY is to be given written
notice by certified mail at least thirty (30) days in advance of any modification or
termination of insurance.
7.3 Liability Insurance
7.3.1 Any and all insurance described below shall be endorsed namina the Countv of Los
Anaeles as an additional insured, and shall include:
7.3.2 General liability insurance written on a commercial general liability form or on a
comprehensive general liability form covering the hazards of premises/operations,
products/completed operations, contractual, broad form property damage, independent
contractors, and personal and advertising injury with a combined single limit of not less
than One Million Dollars ($1,000,000) per occurrence.
A. If written with an annual aggregate limit, the policy limit shall be three times the
above required occurrence limit.
B. If written on a claims made form, the VENDOR shall provide an extended two (2)
year reporting period commencing upon expiration or termination of this
Agreement.
7.3.3 Comprehensive auto liability insurance endorsed for all owned, non-owned and hired
vehicles with a combined single limit of not less than Three Hundred Thousand Dollars
($300,00) per occurrence.
7.3.4 A program of workers' compensation insurance in an amount and form to meet all
applicable requirements of the California Labor Code including employer's liability with a
limit no less than One Million Dollars ($1,000,000), covering all persons performing work
on behalf of VENDOR and all risks to such persons under this Agreement.
7.3.5 Crime Coverage: Insurance in an amount not less than $1,000,000 covering against
loss of money, securities, or other property referred to hereunder which may result from
employee dishonesty, forgery or alteration, theft, disappearance and destruction,
computer fraud, burglary and robbery. Such insurance shall name COUNTY as loss
payee.
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7.4
Failure to Procure Insurance
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Failure on the part of VENDOR to obtain and maintain all required insurance coverage is
a material breach upon which COUNTY may, in its sole discretion, immediately suspend
VENDOR's performance or terminate this Agreement.
8.0 RECORDS, DOCUMENTS AND AUDITS
VENDOR shall maintain accurate and complete financial records of its activities and
operations relating to this Agreement in accordance with generally accepted accounting
principles. VENDOR shall also maintain accurate and complete employment and other
records relating to its performance of this Agreement. VENDOR agrees that COUNTY,
or its authorized representatives, shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this
Agreement. All financial records, timecards and other employment records, and
proprietary data and information, shall be kept and maintained by VENDOR and shall be
made available to COUNTY during the terms of this Agreement and for a period of four
years thereafter unless COUNTY's written permission is given to dispose of any such
material prior to such time. All such material shall be maintained by VENDOR at a
location in Los Angeles County, provided that if any such material is located outside Los
Angeles County, then, at COUNTY's option, VENDOR shall pay COUNTY for travel, per
diem, and other costs incurred by COUNTY to examine, audit, excerpt, copy or
transcribe such material at such other location.
In .the event that an audit is conducted of VENDOR specifically regarding this Agreement 0
by any Federal or State auditor, or by any auditor or accountant employed by VENDOR
or otherwise, then VENDOR shall file a copy of the audit report with COUNTY's Auditor-
Controller within thirty days (3D) of VENDOR's receipt thereof, unless otherwise provided
by applicable Federal or State law or under this Agreement. COUNTY shall make a
reasonable effort to maintain the confidentiality of such audit report{s).
Failure on the part of VENDOR to comply with the provisions of this Paragraph 8.0 shall
constitute a material breach upon which COUNTY may terminate or suspend this
Agreement.
8.1 PUblicity
VENDOR shall not disclose any details in connection with this Agreement to any person
or entity except as may be otherwise provided herein or required by law. However, in
recognizing VENDOR' need to identify its services and related clients to sustain itself,
COUNTY shall not inhibit VENDOR from publishing its role under this Agreement, with
the following conditions:
A.
B.
VENDOR shall develop all publicity material in a professional manner.
During the term of this Agreement, VENDOR shall neither, authorize another to,
nor publish or disseminate any commercial advertisements, press release,
feature articles, or other materials using the name of COUNTY without the prior
written consent of COUNTY's Purchasing Agent. COUNTY shall not
unreasonably withhold written consent, and approval by COUNTY may be
assumed in the event no adverse comments are received in writing within two
weeks after submittal of written request for such consent.
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VENDOR may, without the prior written consent of COUNTY, indicate in its
proposals and sales materials that it has been awarded this Agreement with the
County of Los Angele"s, provided that the requirements of this Paragraph 8.0
shall apply.
9.0 EMPLOYMENT ELIGIBILITY VERIFICATION
VENDOR warrants that it fully complies with all Federal statutes and regulations
regarding the employment of aliens and others and that all its employees performing
work under this Master Agreement meet the citizenship or alien status requirements set
forth in Federal statutes and regulations. VENDOR shall indemnify, defend, and hold
harmless COUNTY. Its officers, participating government agencies and employees from
and against any emptier sanctions and any other liability which may be assessed against
VENDOR or COUNTY in connection with any alleged violation of any Federal statutes or
regulations pertaining to the eligibility for employment of any persons performing work
hereunder.
10.0 CAPTIONS AND PARAGRAPH HEADINGS
11.0
12.0
Captions and paragraph headings used in this Master Agreement are for convenience
only and are not a part of this Master Agreement and shall not be used in construing this
Master Agreement.
WAIVER
No waiver by either party of any breach of any provision of this Master Agreement shall
constitute a waiver of any other breach or of such provision. Failure of either party to
enforce at any time, or from time to time, any provision of this Master Agreement shall
not be construed as a waiver thereof. The rights and remedies set forth in this
Paragraph 11.0 are non-exclusive and cumulative.
GOVERNING LAW, JURISDICTION AND VENUE
This Master Agreement shall be governed by, and construed in accordance with, the
laws of the State of California. VENDOR agrees and consents to the exclusive
jurisdiction of the courts of the State of California for all purposes regarding this Master
Agreement and further agrees and consents that venue of any action brought hereunder
shall be exclusively in the County of Los Angeles, California.
13.0 SEVERABILITY
If any provision of this Master Agreement or the application thereof to any person or
circumstances is held invalid, the remainder of this Master Agreement and the
application of such provision to other persons or circumstances shall not be affected,
unless the essential purposes of this Master Agreement shall be materially impaired
thereby.
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14.0 HIRING POLICIES
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14.1 Prohibition of Hiring
VENDOR and COUNTY agree that, during the term of this Agreement and for a period
of six months following its termination, neither party shall in any way induce or persuade
any employee of one party to become an employee or agent of the other party. No bar
exists to any hiring initiated through a public announcement.
15.0 TERMINATION FOR GRATUITIES
COUNTY may, by written notices to VENDOR, terminate the right of VENDOR to
proceed under this Master Agreement upon one day's written notice, if it is found that
gratuities in the form of entertainment, gifts, or otherwise were offered or given by, or
any agent or representative of VENDOR, to any officer or employee of COUNTY with a
view toward securing a contract or securing favorable treatment with respect to the
awarding or amending, or the making of any determinations with respects to the
performing, of such contract. In the event of such termination, COUNTY shall be entitled
to pursue the same remedies against VENDOR as it could pursue in the event of default
by VENDOR.
16.0 TERMINATION FOR INSOLVENCY
COUNTY may terminate this Master Agreement forthwith in the event of the occurrence
of any of the following:
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A Insolvency of VENDOR. VENDOR shall be deemed to be insolvent if it has
ceased to pay its debts for at least sixty days in the ordinary course of business,
whether or not a petition has been filed under the Federal Bankruptcy Code and
whether or not VENDOR is insolvent within the meaning of such laws.
B. The filing of a voluntary or involuntary petition regarding VENDOR under the
FederalBankruptcy Code.
C. The appointment of a Receiver or Trustee for VENDOR.
D. The execution by VENDOR of a general assignment for the benefit of creditors.
The rights and remedies of COUNTY provided in this Paragraph 16.0 shall not be
exclusive and are in addition to any other rights and remedies provided by law or under
this Master Agreement.
17.0 TERMINATION FOR DEFAULT
COUNTY may, by written notice to VENDOR, terminate the whole or any part of this
Master Agreement if, in the judgment of COUNTY's Purchasing Agent:
A.
VENDOR has materially breached this Master Agreement as elsewhere provided
herein: or
VENDOR fails to timely provide and/or satisfactorily perform any task,
deliverable, service, or other work required under this Master Agreement
hereunder; or
VENDOR has assigned or delegated its duties or subcontracted any
performance of this Agreement without prior written consent by COUNTY as
elsewhere provided.
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18.0
VENDOR shall not be liable for any excess costs if its failure to perform under this
Master Agreement, arises from force majeure, Le.. causes beyond the control and
without the fault or negligence of VENDOR. If the failure to perform is caused by the
default of a subcontractor, and if such default arises out of causes beyond the control of
both VENDOR and subcontractor, and without the fault or negligence of either,
VENDOR shall not be liable for any such excess costs for failure to perform, unless the
goods or services to be furnished by the subcontractor were obtainable from other
sources in sufficient time to permit VENDOR to meet the requirements. As used in this
subparagraph the terms "subcontractor" and "subcontractors" mean subcontractor(s) at
any tier.
If, after COUNTY has given notice of termination under the provisions of the Paragraph
17.0, it is determined by COUNTY that VENDOR was not in default under these
provisions, or that the default was excusable under these provisions, the rights and
obligations of the parties shall be the same as if the notice of termination had been
issued pursuant to Paragraph 18.0 (Termination for Convenience).
The rights and remedies of COUNTY provided in this Paragraph 17.0 are non-exclusive
and cumulative.
TERMINATION FOR CONVENIENCE
This Master Agreement, may be terminated, when such action is deemed by COUNTY
to be in its best interest. Termination shall be effected by delivery to VENDOR of a
notice of termination specifying the extent to which performance of Agreement is
terminated and the date upon which such termination becomes effective, which shall be
. no less than ten (10) days after the notice is sent.
After receipt of a notice of termination, VENDOR shall submit its termination claim and
invoice to COUNTY, in the form and with any certifications as may be prescribed by
COUNTY. Such claim and invoice shall be submitted promptly, but not later than three
months from the effective date of termination. Upon failure of VENDOR to submit its
termination claim and invoice within the time allowed, COUNTY may determine on the
basis of information available to COUNTY, the amount if any, due to VENDOR in respect
to the termination, and such determination shall be final. When such determination is
made, COUNTY shall pay VENDOR the amount so determined.
VENDOR shall honor purchase orders accepted on or before the effective date of
termination.
19.0 TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE
20.0
VENDOR's stability was and/is a primary basis for entering into and continuing with this
Agreement, therefore, COUNTY may terminate this Agreement by thirty (30) days
written notice should vendor fail to continue to do business in the ordinary course.
COUNTY AUDIT SETTLEMENTS
If, at any time during or after the term of this Master Agreement, representatives of
COUNTY conduct an audit of VENDOR regarding the work performed under this Master
Agreement, and if such audit finds that COUNTY's dollar liability for any such work is
less than payments made by COUNTY to VENDOR, then the difference shall be either
repaid by VENDOR to COUNTY by cash payment upon demand or, at the sole option of
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COUNTY, deducted from any amounts due to VENDOR from COUNTY. If such audit 0
finds that COUNTY's dollar liability for such work is more than the payments made by
COUNTY to VENDOR, then the difference shall be paid to VENDOR by COUNTY by
cash payment.
21.0 CONFLICT OF INTEREST
No COUNTY employee whose position with COUNTY enables such employee to
influence the award or conduct of this Master Agreement, and no spouse or economic
dependent of such employee, shall be employed in any capacity by VENDOR or have
any other direct or indirect financial interest in this Master Agreement. No officer or
employee of, nor any individual possessing any direct or indirect financial interest in,
VENDOR, may in any way participate in COUNTY's approval, or ongoing evaluation, of
such work, or in any way attempt to influence COUNTY's approval or ongoing evaluation
of such work.
VENDOR shall comply with all conflict of interest laws, ordinances and regulations now
in effect or hereafter to be enacted during the term of this Master Agreement. VENDOR
warrants that it is not now aware of any facts which create a conflict of interest. If
VENDOR hereafter becomes aware of any facts which might reasonably be expected to
create a conflict of interest, it shall immediately make full written disclosure of such facts
to COUNTY. Full written disclosure shall include, but is not limited to, identification of all
persons implicated and a complete description of all relevant circumstances.
22.0 FORCE MAJEURE
Neither party will be liable for delays in performance beyond reasonable control,
including, but not limited to, fire, flood, acts of God, or restriction of civil or military
authority.
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23.0 MOST FAVORED PUBLIC ENTITY
VENDOR represents that the price charged te COUNTY in this Agreement do not
exceed existing selling prices to other customers for the same or substantially similar
items or services for comparable quantities under similar terms and conditions.
If VENDOR'S prices decline, or should VENDOR, at any time during the term of this
Master Agreement, provide the same goods or services under similar quantity and
delivery conditions to the State of California or any county, municipality or district of the
State at prices below those set forth in this Master Agreement, then such lower prices
shall be immediately extended to COUNTY.
24.0 DAMAGE TO COUNTY FACILITIES, BUILDING OR GROUNDS
VENDOR shall repair, or cause to be repaired, at its own cost, any and all damage to
COUNTY facilities, buildings, or grounds caused by VENDOR or employees,
subcontractors or agents of VENDOR. Such repairs shall be made immediately after
VENDOR has become aware of such damage, but in no event later than thirty days after
the occurrence.
If VENDOR fails to make timely repairs, COUNTY may make any necessary repairs. All
costs incurred by COUNTY, as determined by COUNTY, as determined by COUNTY, for
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25.0
25.1
26.0
such repairs shall be repaid by VENDOR by cash payment upon demand or COUNTY
may deduct such cost from any amounts due to VENDOR from COUNTY.
RESTRICTION ON LOBBYING
COUNTY Projects
VENDORS, and each COUNTY lobbyist or COUNTY lobbying firm as defined in
COUNTY Code Section 2.160.010 retained by VENDORS, shall fully comply with
COUNTY's Lobbyist Ordinance, COUNTY Code Chapter 2.160. Failure on the part of
VENDOR or any COUNTY lobbyist or COUNTY lobbying firm retained by VENDOR to
fully comply with COUNTY's Lobbyist Ordinance shall constitute a material breach of this
Agreement, upon which COUNTY may immediately terminate or suspend this
Agreement.
NOTICES
All notices or demands required or permitted to be given or made under this Agreement
shall be in writing and shall be hand-delivered with signed receipt or mailed by first-class
registered or certified mail, postage prepaid, addressed to the parties at the following
addressee:
If to COUNTY: Martha Gasca, Sr. D.P.A.
Los Angeles County Internal Services Department
Purchasing and Central Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
If to VENDOR:
Office Depot
Business Services Division
8870 Greenwood Place
Savage, MD 20763
Attn: Kevin Juhring, Director of State & Local Government
Addresses may be changed upon ten days prior written notice.
27.0 AUTHORIZATION WARRANTY
VENDOR represents and warrants that the person executing this Agreement for
VENDOR is an authorized agent who has actual authority to bind VENDOR to each and
every term, condition and obligation of this Agreement and that all requirements of
VENDOR have been fulfilled to provide such actual authority.
28.0 VARIATION OF TERMS
The parties hereto agree that the terms and conditions contained herein shall prevail
notwithstanding any variations on any acknowledgements, invoices or such other
documents submitted by VENDOR. Any addendum hereto shall become binding upon
the parties only after signature by authorized representatives of both parties.
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29.0 CANCELLATION OF ORDERS
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COUNTY may cancel any purchase order with respect to any Supplies or equipment
ordered without incurring any cancellation charges by giving VENDOR notice of such
cancellation at least ten (10) days prior to the scheduled delivery date specified in
COUNTY's order.
30.0 NON-EXCLUSIVITY
This Agreement is non-exclusive and shall not in any way preclude COUNTY from
entering into similar agreement and/or arrangements with other vendors or from
acquiring similar, equal or like goods and/or services from other entities or sources.
COUNTY makes no representation that it or any governmental entity will purchase any
minimum quantities or dollar amounts.
31.0 COMPLIANCE WITH APPLICABLE LAW
VENDOR shall comply with all applicable Federal, State and local laws, rules,
regulations, and ordinances, and all provisions required thereby to be included in this
Master Agreement are hereby incorporated herein by reference.
VENDOR warrants that the products shipped may be used in a customary manner
without violation of any law, ordinance, rule or regulation of any government or
administrative body. These laws, ordinances, rules or regulations include, but are not A
limited to, CAUOSHA and County Code Title 27 and Ordinance No. 4388 (electrical \I
approval) and are incorporated herein by reference.
VENDOR shall indemnify and hold harmless COUNTY from and against any and all
liability, damages, costs, and expenses, including, but not limited to, defense costs and
attorneys' fees, arising from or related to any violation on the part of VENDOR, its
employees, agents, or subcontractors of any such laws, rules, regulations, and
ordinances.
32.0 FAIR LABOR STANDARDS
VENDOR shall comply with all applicable provisions of the Federal Fair Labor Standards
Act (FLSA), and shall indemnify, defend, and hold harmless COUNTY, its officers,
employees, and agents from any and all liability, including, but not limited to, wages,
overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising
under any wage and hour law, including, but not limited to, FLSA, for work performed by
VENDOR's employees for which COUNTY may be found jointly or solely liable.
33.0 NONDISCRIMINATION AND AFFIRMATIVE ACTION
VENDOR certifies and agrees that all persons employed by it, its affiliates, subsidiaries
or holding companies are and will be treated equally without regard to or because of
race, color, religion, ancestry, national origin, sex, age, or physical or mental handicap,
in compliance with all applicable Federal and State anti-discrimination laws and
regulations. VENDOR shall certify to, and comply with, the provisions of VENDOR'S
EEO Certification.
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34.0
VENDOR shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race, color, religion,
ancestry, national origin, sex, age, or physical or mental handicap, in compliance with
all applicable Federal and State anti-discrimination laws and regulations. Such action
shall include, but is not limited to: employment, ugrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay other forms of
compensation, and selection for training, including apprenticeship.
VENDOR certifies and agrees that it will deal with its subcontractors, bidders or vendors
without regard to or because of race, color, religion, ancestry, national origin, sex, age,
or physical or mental handicap.
VENDOR certifies that it is in compliance with all federal, state, and local laws, including,
but not limited to:
A. Title VI. Civil Rights Act of 1964;
B. Section 504, Rehabilitation Act of 1973;
C. Age Discrimination Act of 1975;
D. Title IX, Education Amendments of 1973, as applicable; and
E. Title 43, Part 17, Code of Federal Regulations, Subparts A & B;
And that VENDOR shall subject no person, on the grounds of race, creed, color, national
origin, political affiliation, marital status, sex, age, or handicap, to discrimination as to
any privileges or uses granted by this Agreement or under any project, program or
activity supported by this Agreement.
VENDOR shall allow COUNTY representatives access to its employment records during
regular business hours to verify compliance with the provisions of this Paragraph 33.0
when so requested by COUNTY.
If COUNTY finds that any of the provisions of this Paragraph 33.0 have been violated,
such violation shall constitute a material breach of this Agreement upon which COUNTY
may terminate or suspend this Agreement. While COUNTY reserves the right to
determine independently that the anti-discrimination provisions of this Agreement have
been violated, in addition, a determination by the California Fair Employment Practices
Commission or the Federal Equal Employment Opportunity Commission that VENDOR
has violated State or Federal. anti-discrimination laws or regulations shall constitute a
finding by COUNTY that VENDOR has violated the anti-discrimination provisions of this
Agreement.
The parties agree that in the event VENDOR violates the anti-discrimination provisions
of this Agreement, COUNTY shall, at its option, be entitled to the sum of Five Hundred
Dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as
liquidated damages in lieu of terminating or suspending this Agreement.
CONSUMPTION REPORTS/ITEM NUMBERS/RESTRICTED PURCHASES
Each COUNTY department procurement office and participating agency is to be
assigned a customer number to be used in identifying each sale and proper billing
address. VENDOR is required to furnish to the Purchasing and Central Services
Department monthly computer based usage reports of purchases separated by
individual COUNTY departments, and/or delivery locations, and employee purchases,
listing quantities of separate items purchased and total dollars expended. Usage reports
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listing items in alphabetical order and descending dollar volume order must also be 0,
furnished.
VENDOR must provide any other usage reports that COUNTY departments or
participating agencies may require for their internal controls.
Computer generated requests for restricted items, by other than Purchasing and Central
Services staff, shall cause a message (on screen or verbally as appropriate) informing
requestor of such restriction.
35.0 ORDERING REQUIREMENTS
VENDOR shall provide the ability for unlimited amount of users to order via on-line
communication with the vendors computer system by COUNTY owned PC/CRT
terminals and printers, or by FAX, telephone, direct mail or walk-in orders.
VENDOR shall design an Input Screen/Order Form to be used on all orders (which may
be supported by normal COUNTY Purchase Order Form). Cost of input form creation,
programming, future changes or modifications, and maintenance shall be exclusively for
VENDOR'S account.
Mail purchase orders to: Office Depot
3366 East Willow
Signal Hill, CA 90806
Attn: Sam Cisternino, Business Development Manager
Telephone Number: (800) 420-7111
36.0 PARTICIPATING MUNICIPALITIES
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Pursuant to action by County's Board of Supervisors on February 10, 1998, COUNTY
has designated California Statewide Communities Development Authority (authority) as
the public agency to provide administrative services related to purchases by the other
California governmental, entities (entity) under this Agreement. At COUNTY'S sole
discretion and option, COUNTY may inform other entities that they may acquire items
listed in this Agreement. Such acquisition(s) shall be at the prices stated herein, and
shall be subject to VENDOR'S acceptance. In no event shall COUNTY be considered a
dealer, remarketer, agent or other representative of VENDOR '
VENDOR and COUNTY recognize that from time to time VENDOR'S reasonable
assistance may facilitate and expedite a presentation by the COUNTY to any entity.
Such assistance shall be provided, at no cost, by VENDOR upon the written request of
the COUNTY,
Entity purchase orders may, as agreed by COUNTY, be submitted by the entity or by
COUNTY. In either event, authority shall be entitled to an administrative fee (fee) of one
percent (1 %) of the purchase price, excluding taxes and shipping, for each entity
purChase order. Payment of the fee shall be made quarterly by VENDOR to authority.
For purposes of this Agreement, calendar year quarters shall be January 1 through
March 31; April 1 through June 30; July 1 through September 30; and October 1
through December 31, Fee payment shall be accompanied by a written report (report) 0
summarizing all purchases shipped and billed during the applicable quarter made by any
entity under this Agreement. VENDOR shall have no claim or right to all or any portion
of the fee,
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Fee payment shall be made by wire to CSAC Finance Corporation as
'CSAC Finance Corporation
WestAmerican Bank
Capitol Office
300 Capitol Mall
Sacramento, CA 95814
ABA#121140218
Account #0527-377915
VENDOR shall confirm the date and amount of wire via fax to (510) 933-8457.
Report shall be submitted to: California Statewide Communities
Development Authority
1100 K Street, Suite 101
Sacramento, CA 95814
Attn: Secretary
With copies to:
California Communities
2175 N. California Blvd., Suite 550
Walnut Creek, CA 94596
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County of Los Angeles
ISD/PCS
1100 N. Eastern Ave., Room 102
Los Angeles, CA 90063
Attn: Manager
Purchases by County Departments under this Agreement shall not be included in either
the fee or the report.
Reports and fees shall be submitted to authority no later that thirty (30) days after the
end of the applicable quarter. Reports shall, at a minimum, provide total entity
purchases for the applicable quarter and year-to-date, sorted by participating entity, with
a grand total of all entity purchases.
Failure to provide fees and and/or reports in the manner shall be regarded as a material
breach of this Agreement and shall be deemed a cause for termination of this
Agreement at COUNTY'S sole discretion. Fees not paid by the specified deadline shall
bear interest at the rate of 1 )1,% per month until paid.
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Authority, or its designee may, at authority's sole discretion, compare records provided
by entities with reports submitted by vendor. Authority will provide written notification to
the VENDOR of discrepancies, and allow VENDOR thirty (30) days from the date of
Authority's notification to resolve the discrepance (ies) to authority's satisfaction. In the
event that VENDOR does not resolve the discrepancy to Authority's satisfaction,
Authority reserves the right to engage outside to conduct an independent audit of
VENDOR'S reports, and VENDOR shall reimburse Authority for the costs and expenses
rated to such audit(s).
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.
VENDOR Authorizes COUNTY'S use of VENDOR'S name, trademarks and VENDOR 0
provided materials in COUNTY'S presentations and promotions regarding the availability
of use for this Agreement.
COUNTY will not be liable or responsible for any obligations, including, but not limited to
payment, for any item ordered by entities.
VENDOR'S Retailer's Permit #SR Z AB16655747
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AUTHORIZATION OF MASTER AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
OFFICE DEPOT
FOR
OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT
IN WITNESS WHEREOF, the County of Los Angeles has caused this Agreement to be
subscribed by its Purchasing Agent and VENDOR has caused this Agreement to be
subscribed in its behalf by its duly authorized officer, this 5"' day of March, 2001.
COUNTY OF LOS ANGELES
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By 'fr., OJ ,,- -... J
Name: ,., A..e....-rh4 {...II-& c..4-
Title:.S~. J)~;t f'v/:..c.f/-frs/,.,,)f-/dcfroJr
:~NDO:J1. ( e~
Name: :SiEV ~ FIR..ESfl1tJtT
Title .i/ -p, (Y)ItRt:FIJ tJ6 J DEvt:7AJfl11 tJ'AlI
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EXHIBIT A
PRICING. DISCOUNTS AND EXCLUSIONS
FOR LOS ANGELES COUNTY ONLY
All in-stock items shown in the Office Depot Business Services Division Office Products
(BSD) and Frequently Ordered Products (MFOI) Catalog shall be priced at the following
discounts from the Manufacturer's list price or at the net prices referenced in
Attachments A (Core Products). Items priced at a discount from manufacturer's list price
include a 15% minimum gross profit percentage floor.
ITEM CATEGORY:
BSD - % DISC
MFOI - % DISC
General Office and Stationery Supplies
45%
63%
Electronic Equipment
45%
63%
Core Products (Attachment A)
Fixed Prices as Indicated
EXCLUSIONS:
Computer, Fax and Copy Paper
Computers and peripherals
Cameras, Film and Accessories
Copiers
Janitorial Equipment
Food Items
Refrigerators
Audio Visual Equipment
Purchase and Rental of Furniture and Equipment
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EXHIBIT B
PRICING AND DISCOUNTS
FOR U. S. COMMUMITIES GOVERNMENT PURCHASING ALLIANCE IGPAI
All in-stock items shown in the Office Depot Business Services Division Office Products
(BSD) and Frequently Ordered Products (MFOI) Catalog shall be priced at the following
cost plus pricing or discounts from the Manufacturer's list price, or at the net prices as
referenced in Attachments A (Core Products), B. Items priced at a discount from
manufacturer's list price include a 15% minimum gross profit percentage floor.
ITEM CATEGORY: BSD - % DISC MFOI - % DISC
General Office and Stationery Supplies 45% 63%
Electronic Equipment 45% 63%
School Supplies 45% 63%
Computer Equipment and Supplies 45% 63%
C Furniture 45% 63%
Core List Exact (Attachment B) Fixed Prices as Indicated
Core List Alternate (Attachment B-1 ) Fixed Prices as Indicated
School Core Items (Attachment B-2) Fixed Prices as Indicated
Core Paper Items (Attachment B-PPR) Fixed Prices as Indicated
Recycled Core (Attachment B-3) Fixed Prices as Indicated
MWDVE Core (Attachment B-4) Fixed Prices as Indicated
MWDVE.APD Tier One Core (Attachment B-5).......Fixed Prices as Indicated
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EXHIBIT C
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VENDOR'S PROPOSAL
(VENDOR's proposal is not attached hereto.)
(The Vendor's proposal is incorporated herein.)
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EXHIBIT 0
COUNTY'S REQUEST FOR PROPOSALS IRFPI
(County's Request for Proposal is not attached hereto.)
(The County's Request for Proposal is incorporated herein.)
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EXHIBIT E
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VOLUME AND ELECTRONIC COMMERCE DISCOUNTS
Volume and electronic commerce discounts will be issued to the individual departments in the
form of a check or credit to the individual department's account. The amount of the discount
each department receives will correlate to the percentage that each department's purchases
represent of the total purchases made by the County of Los Angeles in one calendar year.
Discounts will be issued annually.
VOLUME DISCOUNTS
Purchases exceeding $500,000.00 = 0.5% of total sales volume
Purchases exceeding $1,000.000.00 = 1.0% of total sales volume
Purchases exceeding $2,000,000.00 = 1.5% of total sales volume
ELECTRONIC COMMERCE DISCOUNTS
E-Commerce order transactions of at least 40% = 0.5% of total sales volume
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E-Commerce order transactions of at least 80% = 1.0% of total sales volume
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EXHIBIT F
VENDOR'S EXCEPTIONS TO TERMS AND CONDITIONS
(See "Office Depot Section 6 Exceptions" attached)
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Section 6 Exceptions
0L:fice DBPO'r.
Buslness Services Division
6.0.1 Following a thorough rel/iew by the Office Depot Legal Department, the following addition to the
language in Item 18 of the proposed GPA agreement is desired.
18. All reports, notices or other communications given hereunder shall be delivered by first-class mall, postage
prepaid, to the addresses as set forth below. The Agency or the National Association of Counties may, by written
notice delivered to Vendor, designate any different address to which subsequent reports, notices or other
communications shall be sent.
A. U.S. Communities
2175 North California Blvd., Suite 550
Walnut Creek, CA 94596
Artn: Anne Zieminski
With a copy to:
Los Angeles County
Internal Services Department
1100 N. Eastern Avenue
Los Angeles, CA 90063
Artn: Martha Gasca
B. National Association of Counties
National Association of Counties
440 First Street
washington, DC 20001
Artn: NACO Financial Services Corporation
C. Vendor
Offlce Depot Business Services Division
3366 East Willow Street
Signal Hill, CA 90806
Attn: Steve Facer
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With a copy to:
Office of General Counsel
Office Depot, Inc.
noo Old Germantown Rd.
Delray Beach, FL 33445
6.0.2 The following Addendum to the Sample Master Agreement is recommended by Office Depot
Legal Staff.
ADDENDUM TO THE
PURCHASING AND CENTRAL SERVICES MASTER AGREEMENT
This Addendum to the Purchasing and Central Services Agreement (hereinafter the "Agreement") entered into by
and between County of Los Angeles (hereinafter 'County") and Office Depot, Inc., a Delaware corpol'lltlon
(hereinafter'Vendor") which parties hereby further agree as follows:
Section 6.2.3 - Add to the end of the sentence the phrase .only during the Initial Term of this Agreement:
'DL!fI.ce~
Business Se1vlces DIvision
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'Section 6.2.4 - Add alter the first sentence, "Such amendment must be accepted by Vendor In wrillng in order to take
effect."
Section 6.4.3 - Add to the end of the first sentence the phrase "which acceptance shall be detennined within thirty
(30) days of receipt of goods and/or products,"
[.IIIIA 1.1
1- ~~ ~nit ~a~~~~, ~~1~:~ '~~i al/RI)' ~Ilii
~~d tllleir el!!Mi 8f11,d a~~aiFltei sHiaeru"
IA tt4s fiFe. GD~t9AI8. 90lele tj11i '''sris "8&si& ir::1i./sr i8RH~.utitj98"
1:' I 'lis, 81"1" "s.~siliati-8 Qs '1iftR:l8Al IAlitiae
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8\;,.11...... 7.1. E1"f~t' II., Ii..Jt .)",,1....."""'.
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::~~ ~i~ ~~.~nfl4~~ '~~~8ar a.D,' .:.;: 18 ~~~~ !~~~a~ t6 e~_..lJ n....' li..d ~" ..(l.......t;....!. .....4 .;~1.1~ _~..:,,~t
"....."wfc.l...I....~I.........f &'':''_11.). ,..........!J./!.s J!~..!!...liRt tJ:l. tIrl..a .1fl!!.fL.eflt.
Ii!>.
A tp:".,
Section 9.0 - In the second sentence; change the word "emptier" to "employer."
~~.~~~I I~ ~~ ~~ ~~J~ ~'~. ~Ir ma~ .eMf'liAste tttie .\If!!M8flt ..ith Sf ..illau1 IA_SS i~
~r. iliAI ~iHRt".,...;t~ ~i~.: (~~) i&~'t ~"~,*IiR Ritf.Il.-
Delete the first paragraph and replace with ,he Prices and Subject Tenns are the lowest a
Ie offered by Vendor to any of its customers (including County) which a arable size in
tenns 0 e of Products and Services purchased from Vend 'ng govemmental
agencies and non-p izations ("Comparable Cust endOr agrees to furnish County
~ . . with such evidence, as reasona sted b . to confinn the basis upon which such Prices
~ and Subject Tenns are as favorable to any of Vendors other Comparable Customers.
. \ Section 23 - Delete the second pa and replace with "Should Ven. time during the tenn of this
Master A , provide at lower prices, Products or Services, whic mparable size in
the volume of Products and Services purchased from Vendor as those pr State of
California or any county, municipality or district of !he State. then such lower prices shall be
immediately extended to County."
o action 26 - In the Notices section, add "with a copy to Office of General Council, Office Depot, Inc" 2200 Old
Germantown Rd.. Delray Beach, Fl 33445."
Conflict: In the event of any conflict between the terms and conditions of this Addendum and the
terms and conditions of the Agreement, then the terms and conditions of this Addendum shall control.
County of Los Angeles:
Office Depot, Inc. :
By:
I! fL,
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By:
Date:
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Date:
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/ COUNTY OF lOS ANGELES, CALIFORNIA
,
ON BEHALF OF
COUNTY OF FAIRFAX, VIRGINIA AND
U.S. COMMUNITIES GOVERNMENT PURCHASING ALUANCE
REQUEST FOR PROPOSAL (RFP)
MASTER AGREEMENT,
FOR
OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT,
SCHOOL SUPPLIES, COMPUTER EQUIPMENT AND
SUPPLIES, FURNITURE, AND RELATED SERVICES
PROPOSAL NO. LAC-MG-01
OPENING DATE: MAY 15,2000
Sponsored by:
NACtx",,-_
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'..VlCES DEPARTMENT BID DUE.:
if .JI. MAY 15, 2000 4:00 PM
\. -:
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"':M~;.'
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SOLICITATION: LAC-MG-01
OPENING DATE: 5/15/00 RETURN BID TO ADDRESS BELOW
INTERNAL SERVICES DEPARTMENT
ISO - CENTRAL PURCHASING
1100 N. EASTERN AVE
ROOM 103 - BID ROOM _1ST FLOOR
LOS ANGELES, CA 90063
BUYER: . M. Gasca
BUYER PHONE: (323) 267-2216
DATE ISSUED: 3129/00
.
BID COVER SHEET TO BE COMPLETED BY VENDOR
1. DELIVERY WILL BE MADE IN THIS NUMBER OF DAYS AFTER RECEIPT OF ORDER.
2. CASH DISCOUNT _ % DAYS. CASH DISCOUNT OF LESS THAN 30 DAYS OR 25TH PROX. WILL BE
CONSIDERED AS NET IN EVALUATING THIS BID.
3. BID BOND ATTACHED: _ CERTIFIED CHECK ATTACHED: OTHER ATTACHMENTS:
4. BID REFERENCE NUMBER: (THIS NUMBER WILL APPEAR ON RESULTING ORDER OR CONTRACT.)
5. PLEASE REMOVE FROM THIS COMMODITY CODE:
VENDOR PHONE NUMBER: I TITLE: I DATE:
VENDOR FAX NUMBER:
SIGNATURE OF BIDDER:
(MUST BE SIGNED:l
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TABLE OF CONTENTS
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REQUEST FOR PROPOSAL... ....................................................................................................................................... 4
1.1 REQUIREMENT ........................................................................... ...................................................................... 4
1.2 GENERAL DEFINITION OF PRODUCTS .........................................................................................................4
1.2.1 PRODUCT CATEGORY EXCLUSIONS ............................................................................................................5
1.3 OBJECTIVES ................................ .....................................................................................................................5
1.4 PARTICIPATING PUBLIC AGENCY MODEL.................................................................................................... 5
1.5 ESTIMATED VOLUME.................................................:..................................................... ................................ 5
1.6 MULTIPLE AWARDS .........................................................................................................................................5
1.7 U.S. COMMUNITIES.......................................................................................................................................... 6
ADVISORY BOARD ........................................................................................................................................... 6
GOVERNMENT PURCHASING ALLIANCE (GPA) ..................................................... ...................................... 6
MARKETING SUPPORT & ADMINISTRATIVE FEES ...................................................................................... 7
REQUEST FOR TECHNICAL PROPOSAL ..... ...............................................................................................................8
2.0 CONTRACTOR PRE-QUALIFICATIONS ..................................................................................... ..................... 8
3.0 PROPOSAL INSTRUCTIONS ........................................................................................................................... 8
3.3 PROPOSAL RESPONSE GUIDELINES .................................................................... ........................................ 9
3.4 PROPOSAL FORMAT GUIDELINES ................................................................................................................ 9
3.5 PRE-QUALIFICATION STATEMENT ................................................................................................................ 9
3.6 COMPANY ............................................................................................................ ............................................. 9
3.7 DISTRIBUTION ...................................... ........ ............................................................ .............................. ........ 10
3.8 MARKETING ....... ......... ........................... ..................................................... ....................................................10
3.9 PRODUCTS .................................................................................. ..... .............. ................................................ 10
3.9.1 ADMINISTRATION ........................ ...... ........................................................... ................................................. 11
4.0 EVALUATION OF PROPOSALS .....................................................................................................................11
5.0', REQUEST FOR PROPOSAL SCHEDULE......................................................................................................11
6.0' SUBMISSION OF PROPOSAL: .......................................................................................................................12
REQUEST FOR BUSINESS PROPOSAL .................................................................................................................... 14
7.0 BUSINESS PROPOSAL .................................................................................................................................. 14
EXHIBIT A.................................... ...................................... ......... ......................... ............. ........ ............. ....................... 15
NOTICE REGARDING DISCLOSURE OF CONTENTS OF PROPOSALS .....................................................16
STANDARD TERMS AND CONDITIONS.........................................................................................................17
PRINCIPAL OWNER INFORMATION FORM (EXHIBIT 1).............................................................................19
CHILD SUPPORT COMPLIANCE PROGRAM CERTIFICATION (EXHIBIT 2) ............................................... 20
AFFIRMATIVE ACTION COMPLIANCE PARTICIPATION SURVEY..............................................................21
BIDDER'S ATTESTATION OF WILLINGNESS TO CONSIDER GAIN PARTICiPANTS................................ 23
PROHIBITION AGAINST USE OF CHILD LABOR.......................................................................................... 24
CONFIRMATION OF CONTRACTOR COMPLIANCE.....................................................................................25
EMBEDDED CHIPS. YEAR 2000 .................................................................................................................... 27
COMPLIANCE REQUiREMENTS.....................................................................................................................27
GENERAL TERMS AND CONDITONS ............................................................................................................ 28
ATTACHMENT A ..........................................................................................................................................................32
ATTACHMENT B ................................................................................ .......................................................................... 33
ATTACHMENT C .......................................................................................................................................................... 43
ATTACHMENT D ..........................................................................................................................................................44
ATTACHMENT I .............................................................................................................................................. 47
ATTACHMENT 1/ .................................................................................... ............................... .......................... 48
ATTACHMENT E ......... ................................................................................................................................................. 49
ATTACHMENT: SAMPLE AGREEMENT
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REQUEST FOR PROPOSAL
1.0 SCOPE
1.1 REQUIREMENT
County of Los Angeles, California (hereinafter referred to as "Lead Public Agency") on
behalf of County of Fairfax, Virginia and the U.S. Communities' Govemment Purchasing
Alliance (GPA) (Ref. Paragraph 1.7), is soliciting proposals from qualified companies
(hereinafter referred to as .Contractor") to enter into a Master Agreement for a complete
line of office and stationery supplies, equipment, fumiture, computer products and
supplies, and related services (hereinafter referred to as "Products"). ALL PRODUCTS
OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND TECHNOLOGY AND
MOST CURRENT PRODUCT LINES. This Request for Proposal (RFP) is subject to Lead
Public Agency's Tenns and Conditions shown as exhibit A.
The Contractor(s) must deal directly with any govemment agency (herein "Participating
Public Agency") conceming the placement of orders, issuance of the purchase order,
contractual disputes, invoicing, and payment. The County of Los Angeles is acting as
.Contracting Agent" for the Participating Public Agencies and shall not be held liable for
any costs, damages, etc. incurred by any other Participating Public Agency.
'.
The subsequent contract shall be construed to be in accordance with and govemed by the
laws of the State in which the Participating Public Agency exists. Each Participating Public
Agency will execute a Participation Certificate (as shown as Attachment C) with the
Contractor(s) in accordance with each Participating Public Agency's purchasing policy and
procedures. Each Participating Public Agency may at their sole discretion introduce to
contractor additional provisions, not stated herein, that contractor will be required to comply
with in order to do business with said Participating Public Agency.
1.2
GENERAL DEFINITION OF PRODUCTS
A. General Office and Stationerv SUDDlies - The complete catalog of office supplies,
products and accessories available from the Contractor;
B. School SUDDlies - The complete catalog of school supplies, products and accessories
available from the Contractor;
C. Electronic Office EauiDment - The complete catalog of office equipment available
from the Contractor;
D. ComDuter EauiDment and SUDDlies - The complete catalog of computer equipment
and supplies, related products and accessories available from the Contractor;
E. Furniture - The complete catalog of office fumiture and related products and.
accessories available from the Contractor;
F. Core Products - A list of 229 high use items as specified in Attachment B.
G. Services - To Include, but not limited to; photocopying/duplication and printing of
business cards, letterhead, and envelopes.
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H. Related Services -To include, but not limited to; analysis, inventory control, planning o.
maintenance and installation.
1.2.1 PRODUCT CATEGORY EXCLUSIONS
The County of Los Angeles and other Participating Public Agencies shall retain the sole
and exclusive right to designate those individual Product Categories listed in Section 1.2
(GENERAL DEFINITION OF PRODUCTS) that said agency will make available to said
agencies clients for purchases.
1.3 OBJECTIVES
The RFP is intended to achieve the following objectives:
A. Provide a comprehensive competitively solicited Master Agreement offering Products
and Services to Participating Public Agencies nationwide;
B. Establish the Master Agreement as Contractor's primary offering to Participating Public
Agencies nationwide;
C. Achieve cost savings for Contractors and Participating Public Agencies through a
single bid process that eliminates the need for multiple bids by Participating Public
Agencies and multiple responses by Contractors;
D. Combine the volumes of Participating Public Agencies to achieve cost effective pricing;
and
E. Reduce the administrative and overhead costs of Contractors and Participating Public
Agencies through state of the art ordering and delivery systems.
F. The resultant Master Agreement does not preempt participating Public Agencies from 0
using other contract vehicles or competitive solicitation processes for same and/or like
items covered by the Master Agreement.
1.4 PARTICIPATING PUBLIC AGENCY MODEL
U.S. Communities has employed the Participating Public Agency Model very successfUlly
with national computer vendors and a national office supplies vendor. Fairfax County,
Virginia, and Los Angeles County, Califomia, served as Lead Public Agencies, signing
Master Agreements. Participating Public Agencies .piggy back" on the competitively bid
Master Agreement. Vendors comply with the state and local laws, rules and regulations in
each state and locality where product is provided. Vendors offer the Master Agreement as
their primary contract with local govemment agencies nationwide. The program currently
does business with over 6,500 Participating Public Agencies under the Master
Agreements.
1.5 ESTIMATED VOLUME
The estimated dollar volume of Products purchased under the proposed Master Agreement
is $200-300 Million, annually; based on a sample of U.S. Communities Advisory Board
members and the existing program. While there is no minimum quantity of products to be .
purchased under the proposed Master Agreement, Fairfax County, Virginia, Los Angeles
County, Califomia and the U.S. Communities Purchasing and Finance Agency Advisory 0
Board Members are committed to using the Master Agreement and promoting the Master .
Agre~ment among other public agencies.
1.6 MULTIPLE AWARDS
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Multiple awards may be made as a result of this RFP. Multiple Awards will ensure that any
ensuing contracts will allow the GPA to fulfill current and future requirements of the diverse
and large number of Participating Public Agencies. The actual utilization of any contract
will be at the sole discretion of the Participating Public Agencies. Participating Public
Agencies may buy directly from successful bidders without need for further solicitation.
1.7
U.S. COMMUNITIES
U.S. Communities Purchasing & Finance Agency (U.S. Communities) is a non-profit public
benefit corporation established by government as an "instrumentality" of government to
assist public agencies in reducing the cost of purchased goods and managing the financing
of purchased goods. U.S. Communities is jointly sponsored by the National Association of
Counties (NACo) and the United States Conference of Mayors (USCM). U.S. Communities
has a multi-state Advisory Board consisting of representatives from the following public
agencies and associations:
ADVISORY BOARD
BaUimore, A1a(Vland
Chicago, Illinois
Denver, Colorado
Erie County, New York
Fairfax County, Virginia
Fort Wayne, Indiana
Hennepin County, A1innesota
Houston, Texas
Los Angeles County, Califomia
Orange County, Florida
Santa Clara County, California
Seattle, Washington
California State Association of Counties
California Statewide Communities
Development Authority
National Association of Counties
National Institute of Governmental Purchasing
United States Conference of A1ayors
GOVERNMENT PURCHASING ALLIANCE fGPA)
The primary program offered through U.S. Communities is the GPA. Designed in
cooperation with the Advisory Board, GPA:
. Pools the purchasing power of public agencies nationwide;
. Achieves bulk volume discounts on behalf of public agencies nationwide; and
. Provides a national purchasing forum for public agencies nationwide.
Vendors offering products to public agencies through GPA also benefit through:
. A single competitively bid contract offering a broad range of products to multiple public
agencies nationwide;
· A reduction of the administrative, legal and sales overhead associated with responding
to multiple bids from public agencies nationwide; and
. Ease of access to public agencies nationwide through promotional efforts of the NACo,
the USCM and Advisory Board Members.
All contracts offered through the GPA are competitively bid by a lead public agency and
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may be accessed by any other public agency that has the authOrity to purchase frOI 0
another public agency's contracts.
MARKETING SUPPORT & ADMINISTRATIVE FEES
U. S. Communities provides marketing support for Vendor's products through its national
sponsors, the National Association of Counties (NACo) and the United States Conference
of Mayors (USCM). U.S. Communities and the sponsors provide administrative and
marketing personnel that directly promote the GPA vendors to - Participating Public
Agencies through direct mail, national publications, annual meetings and a network of
Local Govemment and State Associations. Participating Vendors are required to pay an
administrative fee based on a minimum of 1 % of actual sales under the Master Agreement.
The administrative fees offset the costs of governance. lead agencies, marketing and
administration of GPA. Successful Contractor(s) will be required to execute the
Government Purchasing Alliance. Administrative Agreement (Attachment D).
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REQUEST FOR TECHNICAL PROPOSAL
2.0 CONTRACTOR PRE.QUALlFICA TIONS
On Iv Contractors meetina the followina minimum aualifications should submit
proposals:
A. A strong national presence easily recognized by Participating Public Agencies
nationwide;
B. A national sales force easily accessible by Participating Public Agencies
nationwide;
C. A national distribution network having capacity to timely deliver Products
nationwide, free of charge, in a timely manner;
D. A full range of Products to meet varying requirements of Participating Public
Agencies;
"
E. Demonstrated market share with capacity and commitment to rollout Master
Agreement as primary contract for all Participating Public Agencies and
transition existing Public Agency clients to the Master Agreement:
F. Demonstrated bulk purchasing power with capacity and commitment to
, guarantee lowest government pricing;
G. Existing capacity to provide toll.free telephone and state of the art electronic,
facsimile and internet ordering;
H. A support 'system to provide assistance to Participating Public Agencies
nationwide:
I. Contractor must have been in business of delivering and supplying products and
services as specified herein for a minimum of three (3) years:
J. Contractor must demonstrate that they have provided products and services
specified herein to Public Agencies similar in size to a city, county or state with a
minimum population of 100,000.
3.0 PROPOSAL INSTRUCTIONS
3.1 Contractor must present clear and concise evidence indicating their firms ability to
comply with the requirements stated herein and to provide/deliver the specified products'
and services to the Lead Agency and Participating Public Agencies.
3.2 Responding to solicitations for performing services to Public Agencies requires
thoroughness, ability to perceive all the details, which go into performing the required work,
and careful assessment of the personnel requirements and overhead costs for performing
8
required tasks. When responding, Contractors are responsible to insure that they have 0., .
responded adequately to all elements of the RFP. Inadequate, incomplete or otherwise
non-responsive proposals may result in disqualification.
3.3 PROPOSAL RESPONSE GUIDELINES
Responses merely re-stating any provision and/or requirement and/or solely containing an
acknowledgment or attinnation of any provision and/or requirement will be considered non-
responsive to that requirement/provision unless otherwise provided herein.
3.4 PROPOSAL FORMAT GUIDELINES
Proposals must be typed or printed on 81/2" X 11" paper, single spaced, single sided. The
proposal must be organized using a decimal numbering system. The pages of each section
of the document must be sequentially numbered. All pages of the proposal shall have the
Contractor's name typed or entered in ink in the upper left-hand comer. All insertions and .
attachments shall also identify the Contractor. The format of the proposal in general shall
include at least the follOWing sections:
SECTION CONTENTS
1. Cover Sheet
2. Transmittal letter
'. 3. Table of Contents
4. Executive Summary 0
5. Compliance with applicable sections of this RFP, including the requirements in Exhibit A .
6. Exception to Agreement Tenns
7. Price proposal
8. Contractor's other attachments
To this end, Contractor is required to submit a proposal that includes the foJ/owing
information:
3.5 PRE-QUALlFICATION STATEMENT
Please provide a summary responding to each of the Pre-Qualifications listed in Section
2.0 (CONTRACTOR PRE-QUALIFICATIONS) above. Responses must be in the same
order or sequence as listed in Section 2.0 (CONTRACTOR PRE-QUALIFICATIONS).
Responses merely re-stating the requirement and/or solely containing an acknowledgment
or attinnation of any requirement will be considered non-responsive and will be rejected in
its entirety. Statement demonstrating that your company meets. each of these
qualifications is not to exceed two (2) pages.
3.6 COMPANY
A. A brief history and description of your company.
B. Total number and location of sales persons employed by your company.
C. Number and location of distribution outlets (if applicable).
D. Number and location of support centers (if applicable).
E. Annual sales for 1997, 1998, 1999 and the first three (3) months of 2000.
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3.8
3.9
F. Submit your current Federal Identification Number and latest Dun & Bradstreet report.
G. Number and location of retail stores.
H. Three (3) valid references (See Attachment E).
3.7
DISTRIBUTION
A. Describe how your company proposes to distribute the Products nationwide.
B. Identify all other companies that will be involved in processing, handling or shipping the
Product to the end user.
C. State the effectiveness of the proposed distribution in providing the lowest cost to the
end user.
D. Provide the number, size and location of your company's distribution facilities,
warehouses and retail network as applicable.
E. State the company's standard delivery time and any options, including desktop delivery,
for expediting delivery, and return policies.
MARKETING
A. Outline your company's plan for marketing the Products to Participating Public
Agencies.
B. Explain how your company will educate its national sales force about the Master
Agreement.
C. Explain how your company will market and transition the Master Agreement Into the
primary offering to Participating Public Agencies
D. Explain how your company plans to market the Master Agreement to existing
government customers and transition these customers to the Master Agreement.
E. Explain how your company proposes to resolve any complaints, issues or challenges.
F. Prior to the execution of a Master Agreement each Contractor will be required to assign
an employee of their finm (National Accounts Manager) who will manage, coordinate
and administer this program on behalf of the Contractor. Please submit the resume of
the person your company proposes to serve as the National Accounts Manager.
PRODUCTS
A. Provide a description of the Products to be provided by the major product category set
forth in Sections 1.2A through 1.2F above. THE PRIMARY OBJECTIVE IS FOR EACH
CONTRACTOR TO PROVIDE ITS ENTIRE CATALOG OF PRODUCT SO THAT
PARTICIPATING PUBLIC AGENCIES MAY ORDER A BROAD RANGE OF PRODUCT
AS APPROPRIATE FOR THEIR NEEDS.
B. Provide a description of the services to be provided by major service category set forth
in Section 1.2G and 1.2H above.
C. Describe any special programs that your company offers that will improve the ability of
Participating Public Agencies to access Products, such as retail store availability, on-
time delivery or other innovative strategies.
D. State your fill rate (delivery of product within one day of order) for core products,
Section 1.2F above. If less than 98% guaranteed fill rate, specify the fill rate and
explain how you can achieve 98%.
E. For products listed in Sections 1.2A, 1.2B, 1.2C, 1.20, and 1.2E (non-core products),
specify guaranteed fill rate by product category.
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F. State your backorder policy. 0
G. State your company's proposed substitution policy with regard to the core products set
forth in Section 1.2F above.
3.9.1 ADMINISTRATION
A. Describe your company's capacity to employ ED', telephone, facsimile, electronic, retail
and internet ordering with a specific proposal for processing orders under the Master
Agreement. State which fonns of ordering allow the use of a procurement card.
B. Describe your company's internal management system for processing orders from point
of customer contact through delivery and billing. Please state: 1.) If your Internet
ordering system is OBI (open buying on the Internet) compatible; 2.) If you use a single
system or platform for all phases of the ordering, processing, delivery and billing.
C. Describe the state of e-commerce within your company and detail how Participating
Public Agencies can benefit from your approach.
D. Describe your company's implementation and success with existing Public Govemrnent
Agency cooperative purchasing programs, if any, and provide the entity's name(s),
contact person(s) and phone numbers and contact information as reference(s).
E. Describe the capacity of your company to report quarterly sales under the Master
Agreement by Participating Public Agency within each State.
F. Describe the capacity of your company to provide management reports, i.e. commodity
histories or procurement card histories for an individual Participating Public Agency.
G. Describe the capacity of your company to meet Community Based Enterprise (CBE)
and/or Minority and Women Business Enterprises (MWBE) and other local purchasing. 0
preferences which will vary among Participating Public Agencies. .
4.0 EVALUATION OF PROPOSALS
The Lead Public Agency in compliance with public bidding requirements will evaluate
proposals. U.S. Communities Advisory Board members will be requested to assist the
Lead Public Agency in evaluating proposals. The companies with the best value and most
competitive proposals will be invited for interviews and a further discussion of the proposal
content. The overall ranking of proposals is based on the following:
SECTION
A. TECHNICAL PROPOSAL. .... ..... ..... ..... ....... ......... ................... ...60%
1. Company (Section 3.6 above)
2. Distribution (Section 3.7 above)
3. Marketing (Section 3.8 above)
4. Products (Section 3.9 above)
5. Administration (Section 3.9.1 above)
6. References (3) (Attachment E)
B. BUSINESS PROPOSAL....................... ............... ..... .... ..... ........40%
1. Pricing (Attachment A and B)
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5.0 REQUEST FOR PROPOSAL SCHEDULE
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6.0
The following schedule will be used for the Request for Proposal:
Event
March 29, 2000
April 20, 2000
May 15, 2000
June 15, 2000
June 26-30, 2000
July 14, 2000
Date
RFP Distributed
Proposal Conference
Proposals are due
Evaluate and Rank Proposals
Interview of Contractor(s) with Most Competitive Proposals
Award Contract to the highest ranked Contractor(s)
PROPOSAL CONFERENCE IS MANDATORY AND WILL BE HELD ON
APRIL 20, 2000 AT 1:00 PM AT THE FOLLOWING LOCATION:
LOS ANGELES COUNTY
INTERNAL SERVICES DEPARTMENT
1100 N. EASTERN AVENUE - ROOM G101
LOS ANGELES. CA. 90063
SUBMISSION OF PROPOSAL:
'. A. One (1) original and ten (10) copies ofthe technical proposal and one (1) original and
ten (10) copies ofthe business proposal (duly marked) are due at the Intemal Services
Department, Los Angeles County Purchasing, 1100 N. Eastem, Room 103, Los
Angeles, CA 90063 Drior to the specified time and date. Late proposals will not be
accepted.
B. It is the Contractor's responsibility to clearly identify and to describe the services being'
offered in response to the Request for Proposal. Contractors are cautioned that
organization of their response, as well as thoroughness is critical to the County's
evaluation process. The RFP forms must be completed legibly and in their entirety; and
all required supplemental information must be fumished and presented in an organized,
comprehensive and easy to follow manner.
C. Unnecessarily elaborate brochures of other presentations beyond that sufficient to
present a complete and effective proposal is not desired. Elaborate artwork, expensive
paper, bindings, visual and other presentation aids are not required. The County
encourages Contractors to use recycled paper.
D. Each original and set of the ten (10) copies of the proposal shall consist of the following
requirements:
a.) Bid Cover Sheet, duly signed.
b.) Los Angeles County required forms, duly signed (Exhibit A)
c.) Technical Proposal (Section 3.6 through 3.9.1)
d.) Business Proposal (Attachment A)
e.) Core Products (Attachment B)
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E. By executing the Bid Cover Sheet, Contractor acknowledges that the Contractor has
read this Request for Proposal, understands it, and agrees to be bound by its tenns and 0
conditions. Proposals may be submitted by mail or delivered in person. All proposals
must be received by the receptionist at the following location Drior to the date and time
specified: Internal Services Department, Los Angeles County Purchasing, 1100 N.
Eastern, Room 103, Los Angeles, CA. 90063.
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7.0
REQUEST FOR BUSINESS PROPOSAL
BUSINESS PROPOSAL
A. Provide the pricing using a fixed percentage, including the 1% Administrative Fee, for
each product category in Sections 1.2A through 1.2H above, exclusive of Sub-Section
1.2F (Core Products). See Sub-Section 7.0B below.
B. Contractor shall provide fixed pricing for the Core Product category specified in Section
1.2F (Core Products), including the 1% Administrative Fee. Core Products are shown
on Attachment B. Prices will be fixed for one year and are subject to revisions
upward/downward including revisions/updates to the Core Product listing. Price
changes will be based on mutual agreement between CONTRACTOR and COUNTY,
however changes in the core product listing will be at the sole discretion of the
COUNTY. If CONTRACTOR and COUNTY fail to agree on price revisions,
CONTRACTOR will be required to continue selling Core Products at current contract
prices.
C. Detail any additional pricing incentives that may be available such as for large volume
purchase and Internet ordering by Participating Public.Agencies.
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D. State whether your company has the capacity to update pricing quarterly and
communicate changes electronically to Participating Public Agencies.
E. Advanced Govemment Purchasing System - The Lead Public Agency and various other
Participating Public Agencies request that Contractor integrate their system into the
Public Agency's Electronic Ordering/Catalog Systems. To that end. Contractor must
state whether your company has the capacity to update pricing as needed and the
ability to communicate revisions electronically to Participating Public Agencies.
F. County of Los Angeles reserves the right to use factors in conjunction with or other than
those described herein to select additional companies that may elect not to participate
in the national program, but wish to do business with the County of Los Angeles.
Selections will be made at the sole discretion of the County of Los Angeles.
G. Demonstrate the effectiveness of pricing by providing a price quote for each of the Core
Products in Attachment B.
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EXHIBIT A
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COUNTY OF LOS ANGELES
TERMS AND CONDITIONS
FOR
REQUEST FOR PROPOSAL
NO. LAC-MG-01
TO PROVIDE
OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT, 0
SCHOOL SUPPLIES, COMPUTER EQUIPMENT AND
SUPPLIES, FURNITURE, AND RELATED SERVICES
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PUBLIC RECORDS ACT
NOTICE REGARDING DISCLOSURE OF CONTENTS OF PROPOSALS
ALL RESPONSES TO THIS REQUEST FOR PROPOSAL (RFP) SHALL BECOME THE EXCLUSIVE
PROPERTY OF THE COUNTY OF LOS ANGELES. AT SUCH TIME AS A FINAL AWARD IS MADE ALL
PROPOSERS SHALL BECOME A MATTER OF PUBLIC RECORD AND SHALL BE REGARDED AS
PUBLIC RECORDS, WITH THE EXCEPTION OF THOSE ELEMENTS OF EACH PROPOSAL WHICH
ARE DEFINED BY THE CONTRACTOR AS BUSINESS OR TRADE SECRETS AND PLAINLY MARKED
AS "TRADE SECRET", "CONFIDENTIAL", OR "PROPRIETARY". EACH ELEMENT OF A PROPOSAL
WHICH A CONTRACTOR DESIRES NOT TO BE CONSIDERED A PUBLIC RECORD MUST BE
CLEARLY MARKED AS SET FORTH ABOVE. AND ANY BLANKET STATEMENT (I.E. REGARDING
ENTIRE PAGES. DOCUMENTS. OR OTHER NON-SPECIFIC DESIGNATIONS) BY A CONTRACTOR
SHALL NOT BE SUFFICIENT AND SHALL NOT BIND THE COUNTY IN ANY WAY WHATSOEVER.
THE COUNTY SHALL NOT IN ANY WAY BE LIABLE OR RESPONSIBLE FOR THE DISCLOSURE OF
ANY SUCH RECORDS, OR PARTS THEREOF, IF DISCLOSURE IS REQUIRED OR PERMITTED
UNDER THE CALIFORNIA PUBLIC RECORDS ACT OR OTHERWISE BY LAW.
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STANDARD TERMS AND CONDITIONS
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1. Invitations for bid are 10 be delivered to County Purchasing Agent by 4:00 PM on the dale shown above. Requests for
Proposals arc to be delivered to County Pun:hasing Aglllt by date and time shown above. There will be DO public opening or
reading of these quotations.
2. All bids shall be typewritten and/or wrinen in ink. No erasures permined. Mistakes shall be crossed out and corrections
typed/inked adjacen~ dated and initialed.
3. Each bid must be in a separate scaled envelope with both the bid number and closing date plainly visible on the envelope.
Bid must be received at the place, time and on the date specified. Bidders arc responsible to assure each bid is IIOpcrly
marked and timely delivered. County assumes no financial obligations for preparation and subminal of bid. Submit bids as
indicated hereon. Bidder sha11 be solely responsible for understanding the specifications and requirements.
4. Time of dclivCty is a part of the consideration and must be stated in definite terms and adhered to. If time varies on different
items, bidder shall so state in the column provided opposite the item. Unless otherwise noted, "days for delivCty" or "days
from receipt of order" mean calendar days.
5. An authorized officer or employee must sign with the firm's name on all bids. Obligations assumed by such signature must be
fulfilled.
6. Unless otherwise definitely specified, prices bid sha!I not include sales or use IDtes. Bidder shall provide either the serial
number or its retailer's pcrmitto engage in business as a seller (if a CA company). Without one ofth... numbers, County will
not pay sales/use tax direct to any vendor. Ifvendor is outside CA, the County \'ill pay sales tax directly to the State.
7. All charges, e.g., packing and installation, must be included in the bid. No charges will be allowed unless specified in the bid.
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8. County reserves the right to waive, at its sole discretion, any formality inthe bidding or evaluation in order to expedite the
process, accommodate minor error, or respond to unforeseen circumstances, and to reject any or all bids and to reject any
items thereon. County may, at its sole discretion, cancel this solicitation at aIf time prior to award.
9. Section 2873 of the California Government code prohibits County from purchasing goods, wares or merchandise
manufactured or produced or mined, in whole Or in part, by state prisoners in states other than California, except priso.,rs on
probation or parole. Your signature to your bid will be considered certification of full compliance with the Section.
10. If required, samples of items shall be furnished at no cost Samples are not returnable; County will dispose of at their
discretion. Unless specifically requested, bidders shall not submit samples. Cost of testing will be as stated herein.
11. Bids are subject to acceptance at any time within 30 calendar days of the closing date stated hereon, unless otherwise
specifically stipulated.
12. County shall not return bids for change/correction after receipt
13. Insurance, surety and performance bonds shall be in the amounts set forth hereon.
14. All factors being equal and to the extent authorized by law, County shall prefer !"oduclS grown, manufactured or produced in
the County of Los Angeles, and then in the State of California. To qualifY for such preference, bids must definitely and
conspicuously state whether the items are wbolly or partially grown, manufactured or produed in the County of Los Angeles
or the State of California.
15. Bids must include employer's identification number as assigned by the U.S. Treasury Department
16. If you do not bid, return this solicitation ("Request") and state reason. rfyou do not J:SpOnd or do not submit a bid for three
(3) consecutive Requests, you may, at county's sole option, be removed from the mailing list.
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17. Inspections and examinations or failure to so do is at bidder's sole risk. The specifications set forth herein arc mntrolling and
supersede any other information, oral or written, regarding this acquisition.
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STANDARD TERMS AND CONDITIONS
18. Changes or modifications to specifications or conditions to this Request shall only be made by issuance of a written
amendment by County's Purchasing-Agent. No other change or modification, regardless of source, shall be binding. Bidders
are advised to bid only as set forth in this Request
19. The purchase if any, resulting from the Request shall be governed by the County's tems and conditions which are attached
hereto. Unless County specifically agrees in writing, any other terms and conditions shall have no force or effect.
20. No County employee whose position in County service enables himIhcr to influence any award to YO. offer or any competing
offer, and no spouse or economic dependent of such employee, shall be employed in any capacity by the bidder herein, or
have any other direct or indirect financial interest in any transaction resulting from this Request
21. Community based enterprises are encouraged to bid. It is the County's policy that on fina1 analysis and award, the vendor
shall be selected without regard to gender, race, creed or color.
22. All bids must include a complete "Affirmative Action Compliance Particpation Survey- and "Attestation ofWil1ingness to
Consider Gain Participants Survey" attached hereto. Bids not including completed forms may, at county's option, be remmed
or the bidder may be required to provide complete forms prior to consideration.
23. Wherever possible, vendors are encouraged to subcontract portions of the worle to responsible and qualified Community
Based Enterprise owned businesses andlor entities.
24. Bidders are reminded to thoroughly review all solicitation documents.
25. !,rior to bid award, County reserves the right to request clarification of any bici
26. The offering of gifts, excluding token gifts of a promotional/advertising nature, or gratuities by bidder or any other agent or
representative of bidder is strictly prohibited.
27. County's Quality Assurance Plan. The County or its agent will evalUale Contractor's performance under this agreement on not
less than an annual basis. Such evaluation will include assessing Contractor's compliance with all contract termsmd
pert'ormance standards. Contractor deficiencies which County determines are severe or continuing and that may place
pert'ormance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report \\ill
include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur
consistent with the corrective action measures, County may terminate this agreement or impose other penalties as specificdn
this agreement.
INSTRUCTIONS AND CONDmONS
28. At the time of bid submission to the soliciting County department, bidders must submit separalely to the DA a completed
Principal Owner Information Form (poI Form) set forth as Exlubit l. Adlitionally, bidders or proposer shall submit along
with a bid or proposal to a soliciting County department, certifications in accordance with the provisions of section 2.200.060
of the County Code, that: I) the POI Form has been appropriatly completed and provided to the District Attorney with respect
to the Vendor's or Contractor's Principal Owners; 2) the Vendor or Contractor has fully complied with all applicable State and
Federal reporting requirements relaling to emplo}'Ul\llt reporting for its employees; and 3) the Vendor or Contractor has fully
complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to
maintain compliance. Such certification must besubmillcd on the Child Support Compliance Program Certification (CSCP
Certification) set forth as Exhibit 2. Failure by a bidder or proposer to submit the CSCP Certification (which includes
certification that the POI Form has been submitted t:> the DA) to the soliciting County department along with a bid or proposal
and a copy to the DA shall be grounds for a rmding that a bid, proposal, or other offer is nOI> responsive (County Code
Section,2.200.070).
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(POI FORM)
PRINCIPAL OWNER INFORMATION FORM (EXHIBIT 1) 0
Los Angeles County Code Chapter 2.200 establishes the Los Angeles County Child Suppotl Compliance Program. This Program requires the County . .
provide certain inronnation to the District Attorney concerning its employees lllIl business licensees. It IUrthcr requires thai bidders or proposers for
County contracts provide directly to the District Attorney infonnation concerning their "Principal Owners," that is. those Datural persons who own an
interest of 10 percent or more in the Contractor. For each 'Principal Owner." the informalion which must be provided to the District AllOmey is:
I) the Principal Owncr's name, 2) his or her title. and 3) whether or not the Contractor has made a payment or any sort to the Principal Owner.
IN ORDER TO COMPLY WITH THIS REQUIREMENT. COMPLETE THIS FORM AND SUBMIT IT DIRECTLY TO THE DlSTRlCT
A'ITORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE YOU SUBMIT A BID OR PROPOSAL
TO A COUNTY DEPARTMENT. MAINTAIN DOCUMENTATION OF SUBMISSION. SOLE PRACTITIONER MEMBERS OF AN
ASSOCIATION MUST COMPLETE AND SUBMIT INDIVIDUAL FORMS.
In addition, bidders or proposers must CCltify to the soliciting County department that they are in full compliance with the Program requirements by
submittim~ the Child SUDDOrt Comoliance Prosmun Certification &1002 with the bid or oroDosal.
To: District Attorney Bureau of Family Support Operations
Special Projects
P.O. Box 911009
Los Angeles, CA 90091-1009
FAX: (323) 869-0634 Telephone: (323) 832-7277 or (323) 832-7276 .
Contractor or Association Name as Shown on Bid or Proposal:
Contractor or Associated Member Name, if Contractor is an Association:
Contractor or Associated Member Address:
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Telephone: FAX:
County Department Receiving Bid or Proposal:
Type of Goods or Services To Be Provided:
Contract or Purchase Order No. (if applicable):
Principal Owners: Please check appropriate box. If box I is checked, no further information is required. Please sign
and date the form below.
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1. ] No natural person owns an interest of 10 percent or more in this Contractor.
n. ] Required principal owner information is provided below. (Use a separate sheet if necessary.)
Name ofPrincioal Owner
From Contractor
Title
PaYment Received
1.
2.
3.
[YES]
[YES]
[YES]
(NO]
(NO]
(NO]
I declare undt!T penalty of perjury thai the foregoing information is /rue and co"ecL
By: Date:
(Signature of a principal owner. an officer, or manager responsible for submission of the bid or proposal to the County.)
(Print Name)
(Title/Position)
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CSCP CERTlFtCATlON
O CHILD SUPPORT COMPLIANCE PROGRAM CERTIFICATION (EXHIBIT 21
Angeles County Code Chaplet 2.200 esrablishes the Los Angeles County Child Support Compliance Program. This Program
requires the County to provide certain information to the Disaicl Anomey concerning its employees and business licensees. It futther
requires that biddClS or proposClS for County con1IaCts submit certifications of Program compliance to the soliciting County depanment
along with their bids or proposals. (In an emergency procurement. as determined by the soliciting County department. these certifications
may be provided immedialely following the procurement)
IN ORDER TO COMPLY WITH lHIS REQUIREMENT. COMPLETE THIS FORM AND SUBMIT IT DIRECTLY TO TIlE .
SOLICITING COUNTY DEPARlMENT ALONG WITH YOUR BID OR PROPOSAL. IN ADDmON, PROVIDE A COPY TO TIlE
DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW. SOLE PRACTmONER MEMBERS QE..AN
ASSOCIATION MUST COMPLETE AND SUBMIT INDIVIDUAL FORMS.
I, (print name as shown in bid or proposal) ,hereby submit
this certification to the (County department) , pursuant to the
provisions of County Code Section 2.200.060, and hereby certify that (contractor or association name as shown in
bid or proposal) , an independently-owned or franchiser-owned
business (circle one), located at (contractor or, if an association, associated member address)
is in compliance
with Los Angeles County's Child Support Compliance Program and has met the following requirements:
1) Subq1itted a completed Principal Owner Information Form to the District Attorney Bureau of Family Support
C Operations;
1.) Fully complied with employment and wage reporting requirements as required by the Federal Social Security
Act (42 USC Section 653a) and/or California Unemployment Insurance Code Section 1088.5 and will
continue to comply with such reporting requirements;
3) Fully complied with all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices
of Wage and Earnings Assignment, pursuant to Code of Civil Procedure Section 706.031 and Family Code
Section 5246(b) or pursuant to applicable provisions of the Uniform Interstate Family Support Act, and will
continue to comply with such Orders or Notices.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this
day of
(Month and Year)
at:
(City/State)
(Telephone No.)
by:
(Signature of a principal owner-, an officer, or manager responsible for submission of the bid or proposal to the County.)
Copy to:
District Attorney Bureau of Family Support Operations
Special Projects
P.O. Box 911009
Los Angeles, CA 90091-1009
FAX: (323) 869-0634 Telephone: (323) 832-7277 or (323) 832-7276
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AFFIRMATIVE ACTION COMPLIANCE PARTICIPATION SURVEY
John Hill
Affinnative Action Compliance Officer
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The Los Angeles County Board of Supervisors at its meeting held on July 19, 1994, amended the Minority and womeaOwned
Business Enterprise Program to prom bit any person from knowingly submitting information with the intent of receiving
certification and its concwrent benefits for which they are not entitled.
This is to acknowledge that the undersigned, on behalf of himself or herself individually and on beha1f of his or her business or
organization, ifany, is fully aware of the following policy of the County olLos Angeles.
I. A person or business shall not
a. Knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or
retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, acceptance orcertification as a
minority or women business enterprise, or both, for the purposes of this article.
b- Willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other
representation, to a County official or employee for the purpose of influencing the acceptance or certification or denial of
acceptance or certification of any entity as a minority or women business enterprise, or both.
c. Willfully and knowingly obstruct, impede, or attempt to obstruct or inpede, any County official or employee who is
investigating the qualifications of a business entity which has requested acceptance or certification as a minority or women
business enterprise, or both.
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d. Knowingly and with intent to defraud, fraudulentlyobtain, attempt or obtain, or aid another person or business in
fraudulently obtaining or attempting to obtain, public moneys to which the person or business is not entitled under this article. 0
I. Any person or business who violates paragraph (I) shall be suspended from bidding on, or participating as contractor,
subcontractor, or supplies in, any County contract or project for a period of three years.
2. No County agency with the powers to award contracts shall enter into any contract with any person omusiness suspended
for violating this section during the period of the person or business suspension. No awarding department shall award a contract
to any contractor utilizing the services of any person or business as subcontractor suspended for. violatingthis section during the
period of the person's or business suspension.
Applicant Signature
Title
Name ofFinn
Date
INSTRUcnONS; All proposers responding to this solicitation must return this form for proper consideration of the
proposal. The information requested below is for statistical purposes only. On fina1 analysis and cmsideration of award, vendor
will be selected without regard to gender, race, creed, or color. Categories listed below are based on those described in 49 cn ?
23.5.
lYPE OF BUSINESS STRUCTURE:
(Corporation, Partnership, Sole Proprietorship, etc.)
TOTAL NUMBER OF EMPLOYEES IN FIRM (including owners):
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CULTURAlJETHNIC COMPOSmON OF FIRM: (Partnets, Associate partners, M;magers, Staff, etc.). Please break down the
above total number of employaes into the following categories:
Black! African American
HispaniclLatin American
Asian American
American Indian! Alaskan
Native
All Others
OWNERSIPARTNERSI
ASSOCIATE PARTNERS
MANAGERS
STAFF
Based on the above categories, please indicate the total numbers of men and women in the firm:
Male
Female
PERCENTAGE OF OWNERSHIP IN FORM: Please indicate by percentage (%) how ownership of the firm is distributed.
Black! HispaniclLatin Asian! American American Indian! All Others
African American Alaskan native
American
Men % % % % %
Women % % % % %
CERTIFICA nON AS MINORITY, WOMEN, DISADVANTAGED, AND DISABLED VETERANS BUSINESS
ENJ;ERPRlSES: Is your firm currently certified as a minority, womenowned, disadvantaged or disabled veterans business
enteiprises by a public agency? (If yes, complete the following and atta<:h a copy of your notice of certifications.)
Agency
Agency
Agency
Agency
FIRM NAME:
SIGNED:
TITLE:
Expiration Date
Expiration Date
Expiration Date
Expiration Date
Dale:
PSTEXT. INFORMS 1m
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BIDDER'S ATTESTATION OF WILLINGNESS TO CONSIDER GAIN PARTICIPANTS
As a threshold requirement for consideration for contract (work order) award, bidders shall demonstrate a proven 0
record of hiring Greater Avenues for Independence (GAIN) participants or shall attest to a willingness to
consider GAIN participants for any future employment opening if they meet the minimum qualifications for that
opening. Additionally, bidders shall attest to a willingness to provide employed GAIN participants access to the
bidder's employee mentoring program, if available, to assist these individuals in obtaining permaneIt
employment and/or promotional opportunities. Bidders unable to meet this requirement shall not be considered
for contract award. Bidder shall complete all of the following information, sigh where indicated below, and
return this form with any resumes and/or fixed price bid being submitted.
A. Bidder has a proven record of hiring GAIN participants and will continue to consider GAIN participants
for any future employment openings. .
YES (Subject to Verification by County) NO
B. Bidder is willing to consider GAIN participants for any future employment openings if the GAIN
participant meets the minimum qualifications for the opening. "Consider" means that bidder is willing to
interview qualified GAIN participants.
YES NO
C. Bidder is willing to provide employed GAIN participants access to its employee-mentoring program, if
available.
'.
YES
NO
N1A (Program not available)
D.
Identify the locality of your business:
_ Central & West LA County
_ San Fernando Valley/North County/Antelope Valley
_ San Gabriel Valley
_ South LA County
_ Southeast LA County
_ Outside LA County
(213) 765-6153
(818) 895-5984
(626) 350-8708
(3 I 0) 603-8358
(213) 881-5316
(213) 881-5316
()
The Los Angeles County Department of Public Social Services provides GAIN employment services for the
above areas at the telephone number indicated above. Call the nearest office to speak to an experienced job
developer.
Bidder Organization:
Signature:
Title:
Tel.#
Print Name:
Date:
Fax#:
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PROHIBITION AGAINST USE OF CHILD LABOR
I hereby certify that, if awarded a Purchase Order or Agreement, bidder shall:
1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal
property produced or manufactured in violation of child labor standards set by the International
Labor Organizations through its 1973 Convention Concerning Minimum Wage for Employment.
2. Upon request by COUNTY, identify the country/countries of origin of any prcxlucts, goods,
supplies or other personal property bidder sells or supplies to COUNTY, and
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance
with all international child labor conventions.
I understand and agree that, if awarded a Purchase Order or Agreement and COUNTY discovers that any
products, goods, supplies or other personal property sold or supplied by bidder to COUNTY are
produced in violation of any international child labor conventions, bidder shall immediately provide an
alternative, compliant source of supply.
I further understand and agree that failure to comply with the foregoing provisions will be grounds for
immediate cancellation of the Purchase Order or tennination of the Agreement and award to an
alternative bidder.
24
CONFIRMATION OF CONTRACTOR COMPUANCE
(ccc FOR~U
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(Check appropriate boxes)
[ ] To
[ ] From District Attorney
Bureau of Family Support Operations
Special Projects
(323) 869-0634 Telephone: (323) 832-727 or (323) 832-7276
[ ] To Department Contact Person:
FAX:
[ ] From
Department Name:
FAX:
Telephone:
[ ) Departmental Reouest
Date:
Please confirm receipt of the Principal Owner Information Form from the fonowing contractor as certified
in the Child Support Compliance Program Certification:
Con~ctor Name as Shown on the Bid or Proposal:
Contractor Address:
o
Phone No.:
Name of Person Certifying Submission:
Date of Contractor Certification:
FAX:
[ ] District Attorney Response
Date:
The Principal Owner Infonnation Fonn: [] Has been received.
[] Has not been received. Contractor cannot document timely
submission. Contractor may be deemed non-responsible.
Signature of Person Completing this Continnation:
Print Name:
Phone Number:
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From the Office of Mark Finucane. Director
County of Los Angeles
Department of Health Services
313 North Figueroa. Los Angeles. CA 90012
(213) 240-8101
September I. 1998
Dear Prospective Vendor:
Los Angeles County declared 1998 as the 'Year of Healthy Children.' and the Board of Supervisors has made
children's health care one of its stated goals. The Board is committed to making health care coverage
available to all eligible children in Los Angeles County, and has asked for your assistance as an organization
potentially doing business with the County.
I w'!uld like to bring to your attention a number of publicly-funded and privately-supported health coverage
programs to which you, your employees and their families. and your customers and their families might be
eligible. These health coverage programs include: Medi-Cal; Healthy Families; the Child Health and
Disability Prevention (CHOP) program; Access for Infants and Mothers (AIM);- the Women, Infants, and
Children (WIC) program; California Kids; and Kaiser Cares for Kids.
I have included a flyer so you can share this information widely throughout your company to help reduce the
number of uninsured residents in Los Angeles County especially the number of uninsured children. Feel
free to provide this information to other agents or companies with which you do business, that may also
have interested employees.
Should you need additional information regarding these affordable health coverage programs, please call the
DPSSIDHS Health Care Hotline at (877) 597-4777.
Sincerely yours,
Mark Finucane
Director of Health Services
MF:lak
Attachment
. 26
EMBEDDED CHIPS. YEAR 2000
COMPLIANCE REQUIREMENTS
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INTERNAL SERVICES DEPARTMENT/CONTRACTS & PURCHASING
1100 N. EASTERN AVENUE, LOS ANGELES, CA 90063
The following language and bidder/supplier sign off is to be included in all contracts, purchase orders and sub-orders for
affected equipment and systems which contain embedded chips.
GENERAL REQUIREMENTS
The bidder/supplier warrants that all equipment and systems containing embedded chips or devices, also known as
microchips, are fully Year 2000 compliant at the time of delivery. The equipment and systems must contain design and
performance characteristics to:
1. Accurately process date data from, into and between the twentieth and twenty-first centuries, including leap year
calculations.
2. Sense, determine, record, transfer, and print correct date values and ensure that all operation shall not result in
abnormal terminations and/or results.
3. Handle date-related user interface functionalities and date fields so as to produce correct indication and conversions of
century values.
4. Ensure that all date related functions will include the correct indication of century.
5. Ensure that the functioning of the equipment shall not be adversely affected by the Year 2000 date change.
For youF.reference, application of embedded microchips may be found in the following kinds of systems. WARNINGI This
list is not comprehensive; there are many other systems and equipment types which contain embedded chips.
Building System
Backup lighting and generators
Door locks
Fire control systems
Heating and ventilating systems
Lifts, elevators, escalators
Safes and vaults
Security systems and cameras
Office Systems
Copiers and faxes
Mobile telephones
Still and video cameras
Telephone Systems
Time recording systems
Communications
Cable Systems
Hubs
Routers
Telephone Exchanges/Switches
Local Area Networks
Wide Area Networks
o
Medical
Defibrillators
Infusion pumps
Laboratory equipment
Radiology equipment
Transport
Airplanes
Automobiles
Car parking & other meters
Marine crafts
Radar systems
Signaling systems
Ticketing systems
Traffic lights
WARRANTY AND REMEDIES
Bidder/supplier shall repair or replace. within 48 hours after receipt of written notice, any equipment or system provided to
the County whose nOl'l-compliance with Year 2000 is made known to the bidder/supplier in writing. Nothing in this warranty
shall be construed to limit any rights or remedies the County may otherwise have under this contract with respect to
defects other than Year 2000 performance.
ACCEPTANCE BY BIDDER/SUPPLIER
We unconditionally agree to the above requirements.
Signed by: TiUe:
Print Name: Company:
Date:
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GENERAL TERMS AND CONDITONS
THERE WILL BE NO BID READING OF THIS BID.
Quotations are requested for our requirements as listed herein, furnished as needed for a period of~
vears. renewable for additional 12-month periods by mutual consent. Prices to become effective as of notice
of award.
Quotations are subject to acceptance at any time will one hundred and eighty (180) calendar days after
opemng.
Bidders are required to furnish the serial number of your California retailer's permit to engage in business as
a seller in California or your retailer's Certificate of Registration-Use Tax. Failure to furnish same will
prevent the County of Los Angeles from paying Sales/Use Tax to your company. Do not include SaleslUse
Tax on any invoice if you do not furnish one of the following:
Retailer's Permit #
Certificate of Registration #
If you are uncertain as to whether you have such a number or have any question please contact the California
Sta~e Board of Equalization.
AIl bids received after the closing date will be returned, unopened, to the bidder. Late bids will not be
considered.
Each person by submitting a response to this request for proposal certifies that each County Lobbyist as
defined by Los Angeles County Code Section 2.160.0 10, retained by the proposer (Bidder), is in full
compliance with Chapter 2.160 of the Los Angeles County Code.
County reserves the right to select the bidder(s) which COUNTY determines in its sole discretion to be the
most responsive and responsible bidder(s).
QUOTE F. O. B. DESTINATION
Prices quoted shall include delivery to locations within the Los Angeles basin to San Bernardino or Orange
County line. Bids based on other than delivered prices may not be considered.
PRICES WILL BE BASED ON DISCOUNT OFF PRICE LIST WITH THE EXCEPTION OF CORE
PRODUCTS (ATTACHMENT B).
28
.
GENERAL TERMS AND CONDITONS
o
NOTE: Your offer on this inquiry is to be on the basis that all items are guaranteed equal in quality and
pattern to those specified and that any item purchased as equivalent and not acceptable to using department
may be returned for full credit
Unless otherwise qualified, the County of Los Angeles reserves the right to make one award or a
combination of awards, whichever is in the best interest of the County.
DEMONSTRATION OF SYSTEM CAPABILITIES:
Vendor must be able to furnish a machine, software, and operator for a complete demonstration of its ON-
LINE capabilities at County's Purchasing and Central Services location. Failure to provide this requirement
will be cause for rejection.
PRE-PRINTED TERMS AND CONDITIONSIBIDDERS CONTRACT DOCUMENTS: Bidders pre-
printed Terms and Conditions or restrictions commonly appearing on the reverse side ofIetters submitted
with the bid and/or bidders specification material and contract documents wilI be DISREGARDED in the
absence of a positive written statement from bidder that all or a particular portion of such writing are in
addition to or supersede the County terms and conditions.
Sho:-v your firm's name, mailing address and local telephone number for individual purchase orders and/or
sub purchase orders:
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MAIL PURCHASE ORDER TO:
TELEPHONE NUMBER
TOLL FREE NUMBER PREFERRED
If County-wide need for any item or group of items increases to a point where volume purchase discounts
are obtainable, competitive bidding procedures wilI be implemented and the item(s) will no longer be
purchased on the agreement resulting from this Request for Proposal.
County reserves the right to audit and examine Vendor's books and records relating to any activity pertinent
to any subsequent purchase order or ally resultant agreement.. Vendor shall, at its expense, provide County
requested materials at the time and location designated by County.
This provision shall survive termination or expiration of any purchase order or the applicable agreement for
a period offour (4) years from such date.
Any discrepancies your offer may be cause for rejection of your offer.
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QENERAL TERMS AND COND!TQNS
CAL/OSH - STATEMENT OF COMPLIANCE
The items shown herein must meet all applicable local, state and federal statutes, regulations, codes, etc.,
including but not limited to CaIIOsha requirements as set forth in the California Administrative Code, Title
8, Chapter 4. Submission of a bid constitutes the representation of the vendor that all items meet or exceed
a such applicable laws, statutes, codes, etc., and that the determination that any item does not do so shall be
grounds, at the option of the Purchasing Agent to terminate or rescind the agreement, purchase or lease, and
entitle the County to any damages suffered by reason thereof.
The use of brand names in this Request for Proposal is for vendor information and does not signify
compliance with the above codes and regulations.
Cal/Osha recognizes Underwriters' Laboratories, Inc. (UL), Los Angeles City Testing Bureau and Factory
Mutual (F A4) approvals as meeting CaIIOsha electrical requirements.
To preclude the possibility of rejection for not meeting CaIIOsha electrical requirements, bidders should
state whether the equipment they are quoting on has been approved by any of the above agencies.
The equipment must be finished with safety guards in accordance with the requirements of the State
Div,ision ofIndustrial Safety.
COUNTY RESERVES THE RIGHT TO NEGOTIATE PRICE TERMS AND CONDITIONS WITH THE
SELECTED VENDOR(S).
This Request is a solicitation only, and is not intended or to be construed as an offer to enter into any
contract or other agreement. No acquisition can be made without a purchase order.
County reserves the right to conduct a reasonable inquiry to determine the responsibility of ~ bidder. The
unreasonable failure of bidder to promptly supply information in connection with such inquiry, including,
but not limited to, information regarding past performance, financial stability and ability to perform on
schedule, may, at County's discretion, be grounds for a determination of non-responsibility.
Prior to bid award, County reserves the right to request clarification on any bid.
PRICES AND DISCOUNTS:
VENDOR agrees for the period of this Agreement that prices products covered herein will be based on a
Minimum Trade Discount from current published price list. Price changes will be allowed only on a semi-
annual basis on January I $I and July I sl of each contracting year.
. 30
.
GENERAL TERMS AND CONDITONS
o
Furnish one copy of current prices list or lists and catalogs covering each item you are quoting with
vour quotation. Bids which are not accompanied by current price list and catalogs will not be
considered.
Catalog furnished must cover a full-line of office products with a minimum of 20,000 items which
can be quickly and easily referenced by using departments, such as the wholesale catalogs by
United, S. P. Richards, etc.
Any alterations in published price list by individual bidder will be basis for voiding the entire offer
of such bidder.
Right is reserved to reject offers which do not include the full line of Office and Stationery products
(with a minimum of20,000 items) with quick and easy reference for ordering.
Right is reserved to reject low offers that stipulate minimum order requirements not compatible with
storage facilities.
Vendor's quoted delivery time will be considered and may be cause for rejection if not in
accordance with our requirements.
o
LIMITATION OF COUNTY'S OBLIGATION DUE TO NON-APPROPRIATION OF FUNDS
County's obligation is payable only and solely from funds appropriated for the purpose of any
agreement formulated from this RFP.
All funds for,payments after June 30th of the current fiscal year are subject to County's legislative
appropriation for this purpose. Payments during subsequent fiscal periods are dependent upon the
same action.
In the event any agreement formulated from this RFP extends into succeeding fiscal year periods,
and if the governing body appropriating the funds does not allocate sufficient funds for the next
succeeding fiscal year's payments, then the affected services shall be terminated as of June 30th of
the then current fiscal year. County shall notify Contractor in writing of such non-allocation at the
earliest possible date.
Whenever possible, vendors are encouraged to subcontract portions of the work to responsible and
qualified minority and women owned businesses and/or entities.
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ATTACHMENT A
PRICING SCHEDULE
PLEASE PROVIDE YOUR COMPANY'S PROPOSED DISCOUNT FROM
MANUFACTURER'S SUGGESTED LIST PRICE FOR THE FOLLOWING CATEGORIES
(AS DESCRIBED IN SECTION 1.2 GENERAL DEFINITION OF PRODUCTS):
ITEM CATEGORY:
GENERAL OFFICE AND STATIONERY SUPPLIES
SCHOOL SUPPLIES
ELECTRONIC OFFICE EQUIPMENT
COMPUTER EQUIPMENT AND SUPPLIES
: FURNITURE
SERYICES-TO INCLUDE, BUT NOT LIMITED TO;
PHOTOCOPYING/DUPLICATION AND PRINTING OF
BUSINESS CARDS, LETTERHEAD AND ENVELOPES
% DISCOUNT
RELATED SERVICES-TO INCLUDE, BUT NOT
LIMITED TO; ANALYSIS, INVENTORY CONTROL,
PLANNING, MAINTENANCE AND INSTALLATION
THE LEAD PUBLIC AGENCY AND OTHER PARTICIPATING PUBLIC AGENCIES AT
THEIR OWN DISCRETION, RESERVE THE RIGHT TO:
. EXCLUDE OR INCLUDE ANY ITEM CATEGORY IF IT IS IN THEIR BEST INTEREST.
· BENCHMARK CONTRACTOR'S RESPONSE AGAINST PRICING OFFERED TO
OTHER PRIVATE AND/OR GOVERNMENT AGENCIES.
. RENEGOTIATE PRICING DISCOUNTS.
. 32
ATTACHMENT B
CORE PRODUCTS
.
o
RL NCR OD225150ADEA
ST AVE 31005BTE
PK EN 150084
EA EN 91EA
EA EN 92EA
,Battery, Size Aa,A1kaline BX EVE EN91
Battery,Size Aaa,Alkaline BX-12 EVE EN92
Binder View Blk EA AVE ST1105BK
Binder,3rg,VnJ,11xB.S,.S"C,Red EA ACC 368-13NR
Binder,3rg,Vnyl,11xB.S,1"C,Blu EA ACC 368-14NBL
inder,3rg,Vnyl,11xB.5,2"C,Blu EA ACC 368-44NBL 0
inder,D-Rg,11xB.S,2 C,BI EA AVE 79982
Binder,Overlay,Clear,2,W EA WLJ 36244WG
Binder,Rr,LbI,Lck,2 ,Hntr EA WJ B0626
Binder,Vue,3rg,11xB.S,1"C,Wht EA WLJ 36244BG
ok,Steno,6x9,70ct,Green EA PNT 10400
ook,Steno,6x9,Gregg,70sh DZ AMP 25272
ook,Steno,6x9, Gregg, 70sht,Gm EA WLJ 36214WG
ook,Steno,Gregg,6x9,Recyc,Wht EA WLJ 36249WG
Book,Steno,Gregg,6x9,Recyc,Wht EA TOPS 74688
Iculator,Graphing, Ti-B3 EA TEX T1-B3PLUS
alculator,Solar,Mini,Des EA TEX TEXTI1795PLUS
alendar,2k,Refill,E71750 EA AAG E717-50 0
33
.
.
.
PK10 10M 10029 0
isk,Zip,Pc, 100mb,1 O/Pk,G PK 10M 10028
Disk,Zip,Pc,100mb,6/Pk P6 10M 10297
Diskette,3.52hd,lbm,Prim BX IMN 44766
Diskette,3.5,DslHd,Fmtd,A PK10 VER 81573
iskette,3.5,Dshd,Fmtd,10 PK10 IMN 12881
iskettes 3-1/2 Hd Fmt ax MAX MF2HDFRMTD
ispenser,Desktop,For 3/4",Blk EA MMM C38-BK
rum ,Kit,Kxp5400/4400 EA PAN KXA145
Envelope 6x9 Clasp 281b Kraft BX WEV 77955
Envelope, 4-1/8x9-1/2 24# Who BX WEV 77125
ove
Envetope,Clasp,28Ib,Oe,#91,Kft BX WEV C0997
BX WVO C0990 0
nvelope,Clsp,10x15,Hvyd BX COl C0798
IEnvelope,Clsp,9x12,Hvydt BX COl C0790
Envelopes 9x12 Clasp 281b BX WVO 77990
Fax,Pp,Ccsi,B640 EA BRa B640
File,Economy, 12x1 Ox15,Ltr/Lgl EA FEL 00703
File,Pocket,2" ,Lgl,Bulk EA SMD SMD2-4950
File,Storage Ltr/Lgl Economy EA FEl 808337
File, Storage,Ltr/Lgl,Reinforcd EA FEl 808345
ile, Storage,Recyld,Flipt CT FEl 12772CT
File,Storage,R-Kive,12x10x15 . EA FEL 00725
File,Storge,Letter/Legal,Recyc EA FEl 12772EA
0
35
w
.
.
~
Index, S Tab, Multi-Color ST AVE 00814830 ....0
Index,3-Rg,5tab,11xS.5,Astd ST ACC 53235
Index,3-Rg,5tab,11xS.5,Clear. ST ACe 53225
ndex,Rng Bk,11x8.5,5 Color ST ACC 54309
Ink,Cart,Printer,F/1600c,Blk EA HEW 51645A
acket, Ltr/Lgl, Pnchd, 3/4" EA ES5 UPGJ044EA
leenex,Facial Tissue,Bun P5 BUN 15403036
Label,Laser Prntr,l x25/S BX AVE 5960
Label,Laser Prntr,lx2-5/S BX AVE 5160
Label,P/S,1 X3 ,Wht,2S0/P BX AVE 51648
abel,P/S,4"X2",Wht,120/Pk PK AVE 56432
abel;P/S,Copr,l.Sx2-1311 BX AVE 5360
iquid Paper,Multi Purpose,Wht EA PAP 56301EA 0
Marker,Blazer View, Yellow EA FAB 63136
Marker,Dry Erase,Chsl,Expo,Blk EA 5AN 83001EA
Marker,Dry Erase,Chsl,Expo,Blu EA SAN 83003EA
arker,Hi-Liter,Chisel PI,Yel EA PAP 20601
arker,Hi-Liter,Yellow EA AVE 07742
Marker,Major Accent,Yellow EA SAN 25005EA
Marker,Perm,Chisel PI,Black EA PAP 10301-EA
Marker,Sharpie,Fine, Black DZ SAN 30001
ad,Desk,24x3S,Brwn Lthr EA ART P482
ad ,Jr,Legal,5xS" ,White,50shlP EA TOPS 74005
ad,Legal,8.5x11.7S,White DZ TOPS 99401 $
0
37
.
'.
~ . . ~ - .
o ;;~,Letter,8.5X11.75".we,50Sh EA 74085EA
ad,Lgl,8.5x11. 75,Recycled, Wh EA TOPS 74880EA
ad,Lgl,8.5x11. 75, Recycled, Yel EA TOPS 74890EA
ad,Note,Highland,3"X3", Yellow PK MMM 6549YW
ad,Perf,Legal Rld,8.5x14 EA AMP 20230
ad,Post-lt,4x6,Recycled, EA MMM 660-RPYW
Pad,Rld,Recy-50%,Ltr,Wht, EA TOPS 74850EA
ad,Steno,Gregg Rld,6x9,80's EA TOPS 8021 EA
Paper, Copy 8.5x14 Bond CS COLR 8.5X14 BOND
aper,Computer,1 part,9.5x11 CS CST 060
Paper,Computer,Cbls,3pt,3 CA WIL OC437459
ape~., Copier, Datacopy CS COLR POCP11
C :>aper,Copy,4200dp,8.5x11,We RM XER 3R2047RM
Paper, Copy,4200dp,Punch,8 RM XER 3R2641
Paper,Copy,8.5x11,Bond CS WILL 1120WHOFC
Paper,Copy,8.5x11,Extra Bright CS COLR OC8611
Paper,Copy,8.5x11,Gm,5m1 RM XER C1120XGN
Paper,Copy,8.5x11,Pnk,5m/Ct RM XER 3R5741
aper,Copy,8.5x11,Yel,5ml RM XER C1120XCY
Paper,Copy,Plus,11 ,20#,W CS HPG 10500-7
Paper,Copy,Xerox,8.5x11,C CS XER 3R2047
Paper,laser Print,8.5x11 ,24, We RM HPG 10460-4
Paper,ltr,20#,Recy,Multi CA APD UC86700
aper,Multi,8.5x11,87brig CA CHP CMPXC11
0
38
. , .
Paper,Paperone,14 ,20#,90 CA CHP POCP14 0
Pen Ball, Retract, Med, Saga EA SAN 56001
Pen,Ball P1,Medium,Stick,Blk DZ PAP 33311
en,Ball,Med,Erasermate.2,Red EA PAP 39201 EA
Pen,Ballpoint,Clic-Stick EA BIC MCll-BLK
Pen,Ballpoint,Flexgrip,Med,Blu EA PAP 96101EA
Pen,Ballpoint,Ret,Med,Black EA BIC SCSMllBLK
Pen,Blpt,Clic-Stic,Med,Black EA BIC CSM11 BLKEA
Pen, Bp,Stick,Saga,Fn,Blk EA SAN 52001
Pen,Bp,Stick,Saga, Fn,Blu EA SAN 52003
Pen,Fiber Tip,Superriter,Black EA FAB 61011
Pen,r::lair,Pntgrd,Blk DZ PAP 84301
Pen,Flexgrip,Stick~Fine,Black EA PAP 96801EA 0
Pen, Marking, Porous P1,Med,Blk EA PAP 86311
Pen,Marklng,Porous P1,Med,Blu EA PAP 86111
Pen,Marking,Porous P1,Med,Gm EA PAP 86411
Pen,Marking,Porous P1,Med,Red EA PAP 86211
Pen,Rollerball,Fine,Black EA PIL 35346EA
Pen,Roundstic, Bic,Med,Black DZ BIC GSM11BLK
en, Stick, Flexgrip,Med,Black EA PAP 96301 EA
Pencil,Am,Med Soft,#2,Bx6 BX FAB 12132-72
encil,Amer.,Med Soft,#2 Bxl12 PK FAB 12132DOZ
encil,Lead,Ticonderoga,S DZ DIX 13882
encil,Mech,.7mm,Sharp,Blue EA PEN P207C
0
39
~ ' ..
.
. '.
harpener,Pencil,Model,Ks EA HUN 1031 0
hears,Office & Bankers,9 PR ACM 10168
hredder 38480 EA FEl 38480
hredder,Fellowes,Ps75 EA FEl PS75
tapler,Auto,Elect.Adj Ga EA PAN AS300
Stapler,Econ,Full Strip,B EA ACC 54501
Stapler, Fulstrp, Bostitch EA BOS B2000BK
taples,Standard,Sf-1,5m/Bx EA ACC 35108
taples,Std,Chisel Point,5m/Bx BX BOS 191/4CP
ape,Book,Trans,2 X15yd Rl MMM 845-2IN
ape,Clear Transp 1 X72yd Rl MMM 6001X2592
ape;Correction,Mono EA TOM 68620
ape,lnvisible,3/4.X36yd Rl MMM 6200-314X1296 0
ape,Magic,3m ,3/4x1296 EA MMM 810-3/4X1296
ape,Magic,3m,3/4x1296,4p PK-4 MMM 810-4PKR
ape,Masking,2x60yd,Hilnd RL MMM 2600-21N
ape,Masking,3/4.X60yd,Bulk EA MMM 234B-3/4JN
ape,Masking,Gp,2 X60yd,B Rl MMM 232-21N
ape, Sealing, Package, Tran RL MMM GP3750-1 PK- TSP
ape, Transparent,3m,3/4x1 Rl MMM 60034X 1296
lelphone Adapter, Modular EA PlT HS12
oner,1382100,7k,Optra L EA IBM 1382100
oner,1382150,14k,Optra L EA IBM 1382150
oner,Canon,Laser,Fx4 EA CAN FX4
0
41
or ~.' ...
C' oner,Cartridge,300/25177 EA CAN F418801710
oner,Crg,F/5p.5mp,03a EA HEW C3903A
oner.Crg,F/Lj41,4p,74a EA HEW 92274A
oner,Crg,Lj 51,06a EA HEW C3906A
oner,Crg,Lj,91a EA HEW 92291 A
oner,Crg,Lj,98a EA HEW 92298A
oner,Crg,Lpp-8,95a EA HEW 92295A
oner,Fax,Pana,Uf550 EA PAN UG3313
oner,Lj 2100 Series,96a EA HEW C4096A
oner,Mcrfn, Hp,5sisimx,Bk EA HEW C3909A
oner,Ultra Precise,27x EA HEW C4127X
all~,Exp, Legal,Rein.3.5 EA ESS 60373
0 astebasket,28qt,Blk EA TEN 16021
orkstation, Ultraview, Wal EA VRT 360MW
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.. ..' .....
ATTACHMENTC
o
SAMPLE PARTICIPATION CERTIFICATE
A. After a competitive bidding and selection process,
(herein "Vendor") has entered into a Master Agreement with Los Angeles County, California Master
Agreement No. (herein "Master Agreement") to provide Office Supplies, School
Supplies, Equipment and Computer Supplies, Furniture, Stationary Supplies and Services and Related
Services (herein "Products").
B. Master Agreement provides that other public agencies may purchase Products on the same terms,
conditions and pricing as Los Angeles County, California.
C. On behalf of the public agency identified (the Participating Public Agency) the undersigned
purchasing agent of the Participating Public Agency or other duly authorized agent of the Participating
Public Agency hereby agrees to the terms and provisions of the Master Agreement and to participate in
the Master Agreement to purchase Products from Vendor pursuant to such Master Agreement as the
Participating Public Agency may specifY from time to time.
Date:
'.
Signature:
Name:
Title:
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Name of Public Agency:
Street Address:
Mailing Address:
(If different than Street Address)
Telephone:
Fax Number:
E-mail Address:
Customer Number:
(to be assigned by Vendor)
10/15/99
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ATTACHMENT 0
GOVERNMENT PURCHASING ALLIANCE
ADMINISTRATION AGREEMENT
ADMINISTRATION AGREEMENT (This "Ag=ment")
made this day of . 2000, between the U.S.
CommWlities Purchasing and Finance Agency (herein
"Agency") and ,(herein "Vendor").
RECITALS
WHEREAS, Los Angeles County, California (herein
"COWlty") has entered into a Master Ag=ment dated
, by and between the COWlty
and Vendor, as may be amended from time to time in
accordance with the terms thereof (the "Master
Agreement"), for the purchase of Office Supplies, School
Supplies, Equipment and Computer Supplies, Furniture,
Stationary Supplies and Services and Related Services,
(herein "Producr");
WHEREAS, said Master Ag=ment provides that any or
aJl other government agencies (herein "Participating
Public Agencies") may purchase Product at prices stated
in the Master Agreement;
WHEREAS, the Agency is an instrumentality of
government with the administrative and legal capacity to
administer purchases Wider the Master Agreement to other
Participating Public Agencies;
WHEREAS, the Agency serves as the administrative
agent for the County and other lead public agencies with
regard to other Master Agreeinents offered through the
U.S. CommWlities Government Purchasing Alliance;
WHEREAS, the County desires the Agency to proceed
with administration of the Master Contract Agreement on
the same basis as other Master Agreements;
WHEREAS, the Agency and Vendor desire to enter into
this Agreement to make available the Master Ag=ment
to other Participating Public Agencies on a national basis;
NOW, THEREFORE, in consideration of the
payments to be made hereunder and the mutual covenants
contained in this Agreement, the Agency and Vendor
hereby agree as foJlows:
DEFINITIONS
1. Capitalized terms used in this Agreement and not
otherwise defined herein shaJl have the meanings given to
them in the Master Agreement.
TERMS AND CONDITIONS
2. The Master Agreement, as attached hereto as
Attachment I and incotpOl1lIed herein by reference as
though fuJly set forth herein, and the terms and conditions
contained therein shall apply to this Ag=ment except as
expressly changed or modified by this AlJeement.
3. The Agency shall be afforded all of the rights,
privileges and indemnifications afforded to the County
under the Master Agreement, and such rights, privileges
and indemnifications shall accrue and apply with equal
effect to the Agency UDder this Ag=ment including, but
not limited to, the Vendor's obligation to provide the
indemnification and insurance set forth in Paragraph _ of
the General Conditions and Instructions to BiddelS:
4. The Vendor shall perform all of its duties,
responsibilities and obligations in the time and manner as
required to be performed by the Vendor as set forth in the
Master Agreement.
5. The Agency shall perform all of its duties,
responsibilities and obligations as administrator of
purchases under the Mas1m' Agreement as set forth herein,
and Vendor hereby agrees that the Agency shall act in the
capacity of administrator of pUrchases under the Master
Agreement.
6. With respect to any purchases by the County or any
Participating Public Agency pursuant to the Master
Agreement, the Agency: (i) shaJI not be construed as a
dealer, remarketer, representative, partner or agent of any
type of the Vendor, the County or such Participating
Public Agency; (ii) shaJI net be obligated, liable or
responsible for any order made by the County or any
Participating Public Agency or any employee thereof
under the Master Ag=ment or for any payment required
to be made with respect to such order; and (ill) shall not
be obliged, liable or responsible for any failure by any
Participating Public Agency to comply with procedures or
requirements of applicable law or to obtain the due
authorization and approval necessary to purchase under
the Master Agreement. The Agency makes no
representation or guaranty with respect to any minimum
purchases by the County or Participating Public Agency
or any employee thereof under this Agreement or the
Master Agreement.
TERM OF AGREEMENT
7. This Agreement shall be in effect so long as the Master
Agreement remains in effect, provided, however, hat all
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indemnifications afforded by the Vendor to the Agency
shall survive the tenn of this Agreement.
NATIONAL PROMOTION
8. Agency and Vendor shall use their best efforts to
publicize and promote the availability of the Master
Agreement's products and services to any other
government agencies and such agencies' verified
employees throughout the United States.
9. Vendor shall require each Participating Public Agency
to execute and deliver to the Vendor the completed
Participation Certificate attached hereto as Attachment n
prior to providing products or services. to such
Participating Public Agency. No purchases shall be made
until the applicable Participating Public Agency has
delivered a completed Participation Certificate. Upon
receipt of the completed Participation Certificate, Vendor
shall assign a customer number and transmit a copy of the
Participation Certificate to the National Association of
Counties at the address provided herein or such other
address as may be indicated in writing to the Vendor by
the National Association of Counties, as directed in
wriri!'g by the Agency.
10. Upon request, Vendor shall make available to
interested government agencies a copy of the Master
Agreement and such price lists or quotes as may be
necessary for such agencies to evaluate potential
purchases.
QUARTERLY FEES & REPORTING
II. Vendor shall pay Agency a quarterly administrative
fee in the amount of I % of the total purchase price,
excluding taxes and shipping, for all purchases under the
Master Agreement and provide the Agency with a report
summarizing all purchases under the Master Agreement.
Quarterly fees and reports shall be made with respect to
all purchases shipped and billed pursuant to the Master
Agreement for the applicable quarter. For purposes of
this Agreemen~ calendar year quarters shall be January I
through March 31; April I through June 30; July I
through September 30 and October I through December
31.
12. Quarterly reports and the 1% administrative fee
applicable to each quarter are due within 30 days of the
end of each calendar quarter as set forth above. Reports
shall, at a minimum, provide total purchases fot the
applicable quarter and cumulative year to date for each
Participating Public Agency with a subtotal for each State
and a subtotal by City and County within each State. The
end of the report should include a summary of each
.. ".. c'"
Slate's total and a grand total for the quarter. A sample
report is shown as .Attachment lll.
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13. Failure to provide a quarterly report and/or payment
of the administrative fee within the time and manner
specified shall be regarded as a material breach under this
Agreement and shall be deemed a cause for termination of
this Agreement at the Agency's sole discretion. All
administrative fees not paid within 30 days of the end of
each quarter shall bear interest at the rate of I 1/2% per
month until paid. Administrative fee payments shall be
made by wire to the California State Association of
Counties Finance Corporation (or the Agency's Designee
or Trustee as may be directed in writing by the Agency) as
follows:
CSAC Finance Corporation
WestAmerica Bank
Capitol Office
300 Capitol Mall
Sacramento, Ca. 95814
ABA #121140218
Account #0527-377915
Vendor shall confirm the date arid amount of wire via fax
to (925) 933-8457.
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14. Agency or its designee may, at the Agency's sole
discretion, compare government agency records with
quarterly reports submitted by Vendor. If there is a
discrepancy, the Agency will notifY the Vendor in writing.
Vendor will have 30 days from the date of such notice to
resolve the discrepancy to the Agency's satisfaction. If the
Vendor does not so resolve the discrepancy, the Agency
shall have the right to engage outside services to conduct
an independent audit of Vendor's quarterly reports and
Vendor shall be obligated to reimburse the Agency's costs
and expenses for such audit.
GENERAL PROVISIONS
15. This Agreement supersedes any and all other
agreements, either ota! or in writing, between the parties
hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the
subject matter of this Agreement whIch is not contained
herein sha11 be valid or binding.
16. If any action at law or in equity is brought to enforce
or inteq>ret the provisions of this Agreement, the
prevailing party shall be entitled to reasonable attorney's
fees in addition to any other relief to which he may be
entitled. .
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