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Home My WebLink About08 C37960F Chamber Remodel - Purchase Chairs 765-19STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: October 28, 2021 PREPARED BY: Audrey Nickerson, Project Manager REQUEST: Approve Contract No. C37960F with KI/Krueger Commercial, Inc., for the purchase of seating for the Council Chambers Renovation Project in an amount not to exceed $55,000 (Project No. 765-19). ___________________________________________________________________________ Recommendation By minute motion: 1) Approve Contract No. C37960F with KI/Krueger Commercial Inc. (“KI”) for the fabrication and installation of seating for the Council Chambers Renovation Project pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code, in an amount not to exceed $55,000; and, 2) Authorize the City Manager or his designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Funds are available in the FY 2021/2022 Capital Improvement Budget in Account No. 4504161-4400100. Strategic Plan This action has no impact on achieving the goals set forth in the Strategic Plan. Background Analysis At its April 11, 2019 meeting, the City Council awarded the design contract for the City Council Chambers Renovation Project (“Project”) to Sillman Wright Architects. The Project design included the following improvements: remove and replace carpet, remove and replace public seating, renovate the men’s and women’s restrooms, improvements to the Council Chamber Conference Room, and address all ADA deficiencies within the Council Chamber, excluding the restrooms. With the project plans and specifications approximately 90 percent completed, the City suspended the project in early 2020 and the project funds were re-purposed due to fiscal impacts from the COVID-19 pandemic. With its approval of the FY2021/2022 Capital Improvement Budget, the City Council restored project funding in the amount of $1,500,000. On June 24, 2021, the City Council approved Contract Amendment No. 2 to the design contract to complete the design for the amount of $22,230. Contract No. C37960F October 28, 2021 - Staff Report Authorization of Purchase of Fixed Seating for Council Chamber Renovation Page 2 of 3 The construction bid for the Project was advertised on September 15, 2021; bids are due on October 26, 2021; and a contract is anticipated to be submitted to the City Council for award on November 18, 2021. Construction is anticipated to begin on December 6, 2021. During the initial design phase in 2020, and with the input from a City Council subcommittee, the City selected the preferred design for fixed seating to be installed as part of the Project, based on seating samples provided by KI. The provisions of the City of Palm Desert Municipal Code, Section 3.30.160(E), allow the City to participate as a government entity with the California Multiple Award Schedule (“CMAS”) and use the program pricing for purchases through KI for fixed seating, so long as the price to the City is equal to or better than the price to the State. KI has confirmed that they will provide to the City, as a participating entity, CMAS contract terms, products, product warranty, and services to the City at prices equal to or better than its prices to the State. KI provided a cost quotation for fabricating and installing the fixed seating in the amount of $50,115.17. Fabrication and delivery of the fixed seating require a 7 to 8 week lead time once a purchase order is submitted. Staff recommends the City Council authorize the use of KI as a vendor through a government purchasing cooperative contract for the fabrication and installation of fixed seating in an amount not to exceed $55,000, which includes the quoted price for purchase and installation, plus an additional amount of $4,884.83 for sales tax and other unforseen costs. The Public Works Department will utilize CMAS Agreement No. 4-09-71-0075B (Active from 11/12/2014 through 06/09/2024), whereby the most competitive pricing for this particular commodity has been secured by the State of California. A copy of the CMAS Agreement is on file with the City of Palm Desert County Clerk’s Office. Fiscal Analysis The City’s Capital Improvement Project List for Fiscal Year 2021/2022 included $1,500,000 for the City Council Chambers Renovation Project in Account No. 4504161- 4400100; therefore, there is no additional impact to the General Fund. A recap of total project costs follows: Project Funding Source Year Description Budget for this Project* Total Cost Council Chamber Improvements Capital Improvement Fund FY21/22 Final Design $22,230 FY21/22 Seating $55,000 FY21/22 Construction $1,422,770 $1,500,000 * Bolded amount is the subject of this request. Contract No . C37960F October 28 , 2021 -Staff Report Authorization of Purchase of Fixed Seating for Council Chamber Renovation Page 3 of 3 LEGAL REVIEW FINANCIAL ASSISTANT Aoo roved as to Form DEPT. REVIEW REVIEW CITY MANAGER NA 9__,,d" 'Pl. 'Ploo -u, .Jlnay J'irestine .Jlnay J"ir es tin e Robert W . Harg reaves Andy Firestine Janet M . Moore Andy F irestine Cit y Attorney Assistant City Manager Director of Finance Assistant City Manager C ity Manager , L. Todd Hileman : L . To~~ t-tLLeV'vlCI V\, APPLICANT : ATTACHMENT: Kl/Krueger Commercial Inc . 1330 Bellevue Street Green Bay, WI 54302 Vendor Quote CMAS Contract Seating Sample CITY COUNCIL ~TION APPROVED ______ DENJED _____ _ RECEIVED OTHER------ MEETING DAT>lt--~;..._,j~......l~.:.,.,.--~------,.""""I AYES: . y . IL( NoEs: -.1.N;:;.io_n _______________ _ ABSENT: _...,N&;t;l4,l,n..i.;;.e ____________ _ ABSTAIN: Non&r VERIFIED BY: 'N lPt I 5 ($ Original on File with City Clerk's Office f � - , � ` KI is pleased to present the enclosed quotation. The following items are included: • Quote • Summary • Itemized Quote • Detailed PO requirements • Product Options Sales Team: Rick Haasch Sales Specialist rick.haasch@ki.com 951-833-2351 Jason Drab Sr. Fixed Seating Project & Service Coordinator jason.drab@ki.com (920)406-3496 � �-�:_, � .�� -.,� �I �� Palm Desert Council Chambers Quote Number: 19JWD-452476/C CREATED �0/3/20�9 / REl/1SE04/20/202� � Valid Through 1213112021 PRODUCT TOTALS See Quote Detail Summary GRAND TOTAL $50,115.17 $0.00 $50,115.17 Contract Information: KI #OT5246 CMAS (CA Multiple Awd Schetl) #4-09-71-0075B Requested Delivery Date: Sold To City of Palm Desert Attn: Randy Bowman 73-510 Fred Waring Drive Palm Desert, CA 92260 P.(619)346-0611 F.(760)341-7098 Customer # 28154 To be Determined End User City of Palm Desert Attn: Randy Bowman 73-510 Fred Waring Drive Palm Desert, CA 92260 P.(619)346-0611 F.(760)341-7098 End User # 28154 Ship To Installation To be Determined The Ainslie Company Attn: Mark Ainslie 2247 Via Oeste Drive Fallbrook, CA 92028 P.(760)451-2793 F.(760)451-2936 Vendor # 20436 Client Notes: -KI Drawing No. D452476_00_00_L01_F (Revision No. 1) -Lead-time: 7-8 weeks after KI receives P0, all finish selections and approved shop drawing -KI field measuring completed on 1.24.20 -Delivery, installation and tax included - if project is tax exempt, please deduct tax amount Page: 1 of 4 1.1 LancasterAuditorium LancasterAuditoriumSeating Seating 12 7ablet Arm Tablet Arm (Front Row Only) 1.3 Wood Back Panels Wootl Back Panels 1.4 Laminate End Panels Laminate End Panels 131 Seat and Back Assembly Pallas Grade PO Fabric (Cal 117) 3" Foam on Seat � 2" Foam on Back Plastic Outer Back Panel � Plastic Seat Bottom � Plastic Arm Caps Floor Mounted Upright (With or Without . Slope) 9 Laminate Tablet Arm 15mm Thick Baltic Birch Plywood Core with .040 High-Pressure Laminate on Face and .020 HPL Backer Sheet 10" x 15-1/2" (131 Sq in.) ClearLacquerEdge 36" Minimum Row to Row Spacing . 131 � Maple Wood Veneer Back 36I 3/8" Thick MDF Particleboard Core with . 040 High-Pressure Laminate on Both Sides Edges Painted to Match the Trim Color . 1.5 Wood Arm Caps WoOtl Arm Caps 149 Maple Wood Armcaps . 1.6 Designated Aisle Seat ADA Transfer Arm (Flip-up Arm) 2� Requiretl at 5% of Aisle eats 1.7 ADA Tablet Arm Base ADA Tablet Arm Base 4 Matching Tablet Arm . 1.8 Freight Ffeight � 1.9 Install Installation (Prevailing Wage � Normal Hours � One Phase) � 1.10 Tax Tax (775%) I � I Quote Summary $167.85 $21,988.35 $43.65 $58.50 $27.00 $17.10 $72.00 $175.50 $3,200.00 $8,900.00 $3,604.57 WorkGroup Product Subtotal $392.85 $7,663.50 $972.00 $2,547.90 $144.00 $702.00 $3,200.00 $8,900.00 $3,604.57 $50,115.17 Product SubTotal: $50,115.17 Estimated Sales Tax: See Notes Quote Total: $50,115.17 NOTES: • Sales Tax (For Shipment within the United States Only): Estimated sales/use tax will be calculated when order is entered. It is the customer's responsibility to pay any applicable salesluse tax due upon invoicing. A customer will not be charged sales tax if (1) a Resale Certificate, (2) an Exempt Organization Certificate, or (3) a Direct Pay permit is on file with KI's Finance Department. If no certificate is on file, the appropriate sales/use tax rate in effect at shipment will be applietl and tax will be adtled to the customer's invoice. Page: 2 of 4 CREATED 101312019 VALID THROUGH 1213112021 Prepared By Jason Drab Quote Filename Palm Desert Council Chambers -19JWD-452476/C Line Model Qty. Sell Price Extended Total Options Customer represents that the product information contained within this quote is complete and accurate. Changes to quantities and/or options/finishes will affect this quote. If applicable, other charges such as freight, tax, installation andlor delivery fees may be added at time of order. Sales resulting from purchase orders issued by the customer to KI (Whether related to this quotation or otherwise) are governed and controlled by the Terms and Contlitions found at www.Kl.comlterms Prepared by Jason Drab Market Code: 9=9=State/Local Gov't Opportunity #: 452476 Quote Filename: Palm Desert Council Chambers - 19JWD- 452476 Final Considerations: To ensure your Purchase Order (PO) is processed quickly and efficiently, please adhere to the following requirements: All purchase orders must be issued to KI or KI clo the dealer with this address: KI 1330 Bellevue Street Green Bay, WI 54302 2. The following items must be included on all purchase orders: � Sold To/Bill To Information: complete legal name, address, telephone number and fax number � Ship To Information: complete legal name, address, contact name, contact phone number � Purchase Order Number: a customer-specific identifier, typically a sequential purchase order number or requisition number � Issue Date: date the purchase order was issued � Sales Tax: applicable sales tax will be added upon KI invoicing. If tax exempt, customer must provide or have the tax exempt certificate on file at KI � Purchase Order Total: total of all items and services included on the purchase order � Authorization: signature of authorizetl purchasing agent or buying entity � Order Details: reference a fully optionetl KI quote (ex: 11 KGH-85432) or include all the information listed below • Quantity of each item • Complete model number, including all finish and option information (by line item) • Net purchase price (by line item) • Extendetl net purchase price (all line items) • Any additional applicable charges (ex: installation andlor delivery charges) • Contract name and/or number if pricing is based on a contract reference 3. 4. Signatures on a quote or a worksheet cannot be accepted as a purchase order. In the event that you do not have a formal Purchase Order process, please contact your KI Sales Representative or call 1-800-424-2432, and we will assist you with creating a P0. We appreciate your cooperation in providing us with all the required information listed above on your Purchase Order. Complete information helps us serve you better. Thank you for your order. Purchase Orders that do not meet these requirements will be placed on hold until complete information is received by KI. Purchase orders on hold are not released to manufacturing or assigned a delivery date. KI order lead times begin once the order is released to manufacturing. Page: 3 of 4 Installation and Delivery Terms and Conditions Customer represents that the product information contained within this quote is complete and accurate. Changes to quantities and/or options/finishes will affect this quote. If applicable, other charges such as freight, tax, installation andlor delivery fees may be added at time of order. Installation and delivery is based on Prevailing Wages with no-charge access freight elevators and delivery zones. Loading dock or site access to be within 300 feet of the install area. � Install to be performed during regular business hours (7:OOam to 5:OOpm) Monday through Friday and based on a standard (8) hour work day. After hours delivery, unloading, and/or installation will require an upcharge � Project to be completed in one complete and continuous phase. Phased order may require an upcharge � Pricing includes all waste removal from site � Additional charges may apply when unusual unloading conditions exist or product does not fit into elevator 2. All areas shall be free and clear of other tratles prior to commencement of installation. Following Sales resulting from purchase orders issued by installation completion antl confirmed punch list, contractor must provide furniture/wall protection the customer to KI (Whether related to this until project is turned over to owner. quotation or otherwise) are governed and o Coordination and site access for punch list replacement is required until controlled by the Terms and Contlitions found project completion at www.Kl.comlterms � Signature for punch list will be required by owner or designate as well as final project acceptance upon completion Prepared by Jason Drab Market Code: 9=9=State/Local Gov't Opportunity #: 452476 Quote Filename: Palm Desert Council Chambers - 19JWD- 452476 3. Adequate space provided to allow for product to be staged and inventoried prior to installation 4. For projects on the second (2nd) floor or higher, these prices are based on exclusive use of the elevator during the offload period. If the elevator is unavailable or if elevators cannot accommodate product tlelivery, additional installation charges will apply including but not limited to: � Coordination, scheduling, and payment of any necessary costs for hoisting, fork lift, stair carry, elevators, crane time, and all associatetl operations, flaggers, riggers, and traffic control � Coordination, implementation, and costs for removal, protection, andlor installation of exterior windows to facilitate stocking and debris removal Prices are based on two (2) weeks advance notice of the project installation date. Additional charges may be assessed if owner/general contractor/designate for any of the following delays/changes to the mutually agreed schedules: � Production loss andlor crew staff charges due to schedule changes or confirmed delivery impactslchanges � Overtime premiums for schedule delays or changes (unless directly attributed to KI) 6. KI is not responsible for connection of phone and data lines to the building; along with any electrical hardwiring 7. BuildinglConstruction and electrical permits, if required, are by others. KI recommends that the purchaser consult with their local building code department 8. Minority and/or Women's Business Enterprise involvement not included (unless otherwise noted). Page: 4 of 4 Procurement Division 707 Third Street, 2nd Floor, MS #2-202 West Sacramento, CA 95605-2811 State of California MULTIPLE AWARD SCHEDULE Krueger International, Inc. which will do business in California as KI/Krueger Commercial, Inc. Categories Descriptions CMAS NUMBER: 4-09-71-0075B AMENDMENT NUMBER: 2 CMAS TERM DATES: 11/12/2014 through 6/09/2024 CMAS CATEGORY: Non Information Technology Commodities APPLICABLE TERMS & CONDITIONS: December 1, 2017 (www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/ CMAS/Non-IT-Commodities-CMAS-Terms-and- Conditions.ashx?la=en&hash=9AD54FF697C740F342 E8B9B5BDEEDFC263632CB3) MAXIMUM ORDER LIMIT: State Agencies: See Purchasing Authority Dollar Threshold provision Local Government Agencies: Unlimited FOR USE BY: State & Local Government Agencies BASE GSA SCHEDULE #: GS-28F-0033P BASE SCHEDULE HOLDER: Krueger International, Inc. This CMAS provides for the purchase and warranty of furniture products. (See page 3 for the restrictions applicable to this CMAS.) The purpose of this amendment is to renew this CMAS through 6-09-2024. In addition, this amendment replaces in its entirety KI/Kruger Commercial, Inc.’s existing California Multiple Award Schedule (CMAS) that expires on 9-30-2019. The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions dated December 1, 2017, and products and/or services are included herein. Please review these provisions carefully because they may have changed since issuance of your last CMAS. Original Signature on File Effective Date: 9/18/2019 BRYAN DUGGER, Program Analyst, California Multiple Award Schedules Unit CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 2 NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index Listing (www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.pdf). This requirement is not applicable to local government entities. State agencies cannot use this CMAS to purchase products available through the California Prison Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an exemption at the following website: www.calpia.ca.gov/about/doing- business-with-calpia/exemption-process/. A copy of the approved exemption must be kept with the purchase order for audit purposes. Agency non-compliance with the requirements of this CMAS may result in the loss of delegated authority to use the CMAS program. CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 3 CMAS PRODUCT & SERVICE CODES The CMAS Product & Service Codes listed below are for marketing purposes only. Review this CMAS and the base contract identified below for the products and/or services available on this CMAS. Brand-KI Furniture-Cafeteria Furniture-Chairs Furniture-Conference Room Furniture-Ergonomic Seating Furniture-Executive Office Furniture-Library Furniture-Medical Furniture-Modular System Furniture-Office Furniture-Seating Furniture-Work Stations AVAILABLE PRODUCTS AND/OR SERVICES The ordering agency must verify all products and/or services are currently available on the base General Services Administration (GSA) schedule. Access the GSA eLibrary at www.gsaelibrary.gsa.gov. CMAS BASE CONTRACT This CMAS is based on some or all of the products and/or services and prices from GSA Schedule Number GS-28F-0033P (KRUEGER INTERNATIONAL, INC.) with a GSA term of 6/10/2019 through 6/09/2024. EXCLUDED PRODUCTS AND/OR SERVICES Order-Level Materials are not available under this CMAS. ISSUE PURCHASE ORDER TO Agency purchase orders must be either mailed or emailed to the following: KI/Krueger Commercial, Inc. 1330 Bellevue Street Green Bay, WI 54302 Attn: Order Entry E-mail: order.entry@ki.com Agencies with questions regarding products and/or services may contact the CMAS contractor as follows: Contact: Andy VanStraten Phone: (920) 468-8100 ext. 2396 E-mail: andy.van.straten@ki.com TOP 500 DELINQUENT TAXPAYERS In accordance with Public Contract Code (PCC) § 10295.4, and prior to placing an order for non-IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at www.ftb.ca.gov/aboutftb/delinquent- taxpayers.shtml. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at www.cdtfa.ca.gov/taxes-and-fees/top500.htm. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 4 CALIFORNIA SELLER’S PERMIT KI/Krueger Commercial, Inc.’s California Seller’s Permit Number is 030655521. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website (cdtfa.ca.gov). CMAS PRICES The maximum prices allowed for the products and/or services available in this CMAS are those set forth in the base contract identified on page 2 of this CMAS. The ordering agency is encouraged to seek prices lower than those on this CMAS. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive. PRICE DISCOUNTS This CMAS contains quantity discounts. See the base GSA schedule for the specific percent of discount. DARFUR CONTRACTING ACT This CMAS contractor has certified compliance to the Darfur Contracting Act, per Public Contract Code (PCC) § 10475, et seq. It is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification on file. When issuing an order to an authorized reseller listed on a CMAS, it is the agency’s responsibility to ensure that the reseller provides a Darfur Contracting Act Certification. CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION Pursuant to Public Contract Code section 2010, effective January 1, 2017, applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (section 51 of the Civil Code, section 12960 of the Government Code). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file. When issuing an order to an authorized reseller listed on a CMAS, it is the agency’s responsibility to ensure that the reseller provides a California Civil Rights Law Certification WARRANTY For warranties, see the federal GSA schedule and the CMAS Terms and Conditions, General Provisions, CMAS Warranty. DELIVERY 14-56 days after receipt of order, or as negotiated between agency and CMAS contractor and included in the purchase order, or as otherwise stipulated in the contract. SHIPPING INSTRUCTIONS F.O.B. (Free On Board) Destination. Seller pays the freight charges. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 5 PURCHASING AUTHORITY DOLLAR THRESHOLD Unless otherwise determined by in individual ordering agency purchasing authority, order limits for the purchase of goods and/or services is: Non-Information Technology Commodities: $100,000 No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold. State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website (www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources- List-Folder/List-of-State-Departments-with- Approved-Purchasing-Authority). HOW TO USE CMAS Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS. The requirements for the following bullets are in the SCM, Volume 2, Chapter 6 (for non-IT), the SCM, Volume 3, Chapter 6 (for IT), and the SCM, Volume FISCAL, Chapter 5 (FISCAL): • Develop a Request for Offer, which includes a Scope of Work (SOW), and Bidder Declaration form. For information on the Bidder Declaration requirements, see the SCM, Volume 2, Section 3.5.7 and Volume 3, Section 3.4.7. • Search for potential CMAS contractors on the CMAS website (www.dgs.ca.gov/PD/About/Page- Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple- Award-Schedules) and select “Find a CMAS Contractor.” • Solicit offers from a minimum of 3 CMAS contractors including one small business and/or DVBE, if available, who are authorized to sell the products and/or services needed. • If soliciting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the Request for Offer. This declaration must be completed and returned by the DVBE prime contractor and/or any DVBE subcontractors. (See the SCM Volumes 2, 3, and FISCAL, Chapter 3). • This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intents to award, evaluation criteria, advertising, etc., are not applicable. • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers solicited did not respond with an offer. • Assess the offers received using best value methodology, with cost as one of the criteria. • Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. Local governments set their own order limits, and are not bound by the order limits on the cover page of this CMAS. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 6 SPLITTING ORDERS Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders, per Public Contract Code (PCC) § 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited, per State Administrative Manual (SAM) § 4819.34. MINIMUM ORDER LIMITATION There is no minimum dollar value limitation on orders placed under this CMAS. ORDERING PROCEDURES 1. Purchase Orders All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1. 1. State Departments: Standard 65 Purchase Documents – State departments not transacting in FI$Cal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the DGS-PD website (www.dgsapps.dgs.ca.gov/osp/Statewid eFormsWeb/Forms.aspx), select Standard STD Forms. FISCAL Purchase Documents – State departments transacting in FISCAL will follow the FISCAL procurement and contracting procedures. 2. Local Governmental Departments: Local governmental agencies may use their own purchase document for purchase execution. The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services being provided. The cost for each line item should be included in the order, not just system totals. The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to the products and services being delivered. 2. Service and Delivery after CMAS Expiration The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 7 3. Multiple CMAS Agreements on a Single Purchase Order Agencies wishing to include multiple CMAS(s) on a single FISCAL purchase order must adhere to the following guidelines: • All CMAS must be for the same CMAS contractor. • The purchase order must go to one contractor location. • Write the word “CMAS” in the space usually reserved for the contract number. On Standard 65’s, this is at the top of the form. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS (as differentiated by alpha suffix), the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the purchase order limit identified in the CMAS. • Do not combine items from both non-IT and Information Technology CMAS(s). A non-IT CMAS begin with the number “4” and an Information Technology CMAS begins with the number “3.” The purchase order limits are different for these two types of CMAS agreements. 4. Amendments to Agency's Purchase Orders Agency purchase orders cannot be amended if the CMAS has expired. The SCM, Volumes 2 & 3, Chapter 6.A5.0 and SCM, Volume FISCAL, Chapter 5.A4.0 provides the following direction regarding amendments to all types of CMAS purchase orders: Original orders, which include options for changes (e.g., quantity or time), that were evaluated and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments. Amendments unique to non-IT services are covered in the SCM, Volume 2, Chapter 6.B2.9 and SCM, Volume FISCAL, Chapter 5.A4.1 as follows: If the original contract permitted amendments, but did not specify the changes (e.g., quantity or time), it may be amended, per Public Contract Code (PCC) § 10335 (d)(1). This only applies to the first amendment. The time shall not exceed one year, or add not more than 30% of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed. Also, see the SCM, Volumes 2 & 3, Chapter 8, Topic 6, for more information on amending purchase orders. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 8 CMAS CONTRACTOR OWNERSHIP INFORMATION KI/Krueger Commercial, Inc. is a large business enterprise. SMALL BUSINESS MUST BE CONSIDERED Prior to placing orders under the CMAS program, State agencies shall whenever practicable first consider offers from small businesses that have established CMAS [Government Code (GC) § 14846(b)]. NOTE: The Department of General Services auditors will request substantiation of compliance with this requirement when agency files are reviewed. CMAS Small Business and Disabled Veteran Partners lists (www.dgs.ca.gov/PD/About/Page- Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple-Award- Schedules) can be found on the CMAS website by selecting “Find a CMAS Contractor”. In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (a fee currently charged to customer agencies to support the CMAS program) for orders to certified small business enterprises. See the current fees in the DGS Price Book at: www.dgs.ca.gov/OFS/Price-Book. SMALL BUSINESS/DVBE - TRACKING State agencies are able to claim subcontracting dollars towards their small business or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified small business or DVBE. The CMAS contractor will provide the ordering agency with the name of the small business or DVBE used and the dollar amount the ordering agency can apply towards its small business or DVBE goal. SMALL BUSINESS/DVBE - SUBCONTRACTING 1. The amount an ordering agency can claim towards achieving its small business or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each small business or DVBE. 2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted: a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order. b. The CMAS contractor will indicate to the ordering agency how the order meets the small business or DVBE goal, as follows: i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 9 ii. Include the small business or DVBE certification number of each company listed, and attach a copy of each certification; and iii. Indicate the dollar amount of each subcontract with a small business or DVBE that may be claimed by the ordering agency towards the small business or DVBE goal; and iv. Indicate what commercially useful function the small business or DVBE subcontractor will be providing towards fulfillment of the order. 3. The ordering agency’s purchase order must be addressed to the prime Contractor, and the purchase order must reference the information provided by the prime Contractor as outlined above. NEW EQUIPMENT REQUIRED The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable. Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards. SPECIAL MANUFACTURED GOODS Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments. For Non-IT goods CMAS, see the CMAS Non- IT Commodities Terms and Conditions, Provision 69, Progress Payments. TRADE-IN EQUIPMENT Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order. Agencies are required to adhere to State Administrative Manual (SAM) § 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State-owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes. PUBLIC WORKS (INSTALLATION SERVICES ONLY) A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with the Public Contract Code (PCC) § 1101. State agencies planning these types of projects need to review the SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Also, the Department of General Services (DGS), Real Estate Services Division (RESD) can be contacted at (916) 376-1748, if you have questions about these types of transactions. Agency CMAS purchase orders may allow for public works installation only when it is incidental to the total purchase order amount. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 10 Agencies are to ensure that the applicable laws and codes pertaining to the contractor and sub-contractor licensing, prevailing wage rates, bonding, labor code requirements, etc., are adhered to by the prime contractor as well as any sub-contractor during performance under the CMAS purchase order. The bond amount for public works is not less than one hundred percent (100%) of the purchase order price. NOTE: In accordance with Labor Code (LC) § 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office, and will be made available upon request. The prevailing wage rates are available from the DIR at www.dir.ca.gov (select Statistics & Research) or (415) 703-4774. Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements. State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should contact the State Contractor’s License Board (www.cslb.ca.gov) at 1-800-321-2752 or at www.cslb.ca.gov to verify that the Contractor’s License shown below is still active and in good standing. KI/Krueger Commercial, Inc.'s California Contractor's License number is 858336. This is a Class C-61, D34 license that is valid through 5/31/2021. OPEN MARKET/INCIDENTAL, NON- SCHEDULE ITEMS The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision. If the NSP provision is not included in the CMAS, or the products and/or services required do not qualify under the parameters of the NSP provision, the products and/or services must be procured separate from CMAS. NOT SPECIFICALLY PRICED (NSP) ITEMS The NSP provision is not applicable to this CMAS. STATE AND LOCAL GOVERNMENTS CAN USE CMAS State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including UC, CSU, K-12 schools and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with their procurement policies and regulations. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 11 UPDATES AND/OR CHANGES A CMAS amendment is not required for updates and/or changes once the update and/or change becomes effective for the federal GSA schedule, except as follows: • A CMAS amendment is required when the CMAS is based on specific products and/or services from another contractor’s multiple award contract and the contractor wants to add a new manufacturer’s products and/or services. • A CMAS amendment is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State. A CMAS amendment is required to update and/or change terms and conditions and/or products and services based on a non-federal GSA multiple award contract. SELF-DELETING FEDERAL GSA TERMS AND CONDITIONS Instructions, or terms and conditions that appear in the Special Items or other provisions of the federal GSA and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision). Federal regulations and standards, such as Federal Acquisition Regulation (F A R), Federal Information Resources Management Regulation (F I R M R), Federal Information Processing Standards (FIPS), General Services Administration Regulation (GSAR), or Federal Installment Payment Agreement (FIPA) shall be self-deleting. Federal blanket orders and small order procedures are not applicable. ORDER OF PRECEDENCE The CMAS Terms and Conditions takes precedence if there is a conflict between the terms and conditions of the contractor's federal GSA, (or other multiple award contract), packaging, invoices, catalogs, brochures, technical data sheets or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). APPLICABLE CODES, POLICIES AND GUIDELINES All California codes, policies, and guidelines are applicable. THE USE OF CMAS DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTING OR THE PROCUREMENT OF GOODS OR SERVICES. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements. Nonetheless, there is no guarantee that every possible requirement that pertains to all the different and unique State processes has been included. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 12 PAYMENTS AND INVOICES 1. Payment Terms Payment terms for this CMAS are net 45 days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code (GC) § 927 et. seq. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later. 2. Payee Data Record (Standard 204) State Agencies not transacting in FISCAL, must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies forward a copy of the Standard 204 to their accounting office(s). Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record. 3. DGS Administrative and Incentive Fees Orders from State Agencies: The Department of General Services (DGS) will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses. See the current administrative fees in the DGS Price Book (www.dgs.ca.gov/OFS/Price-Book). Orders from Local Government Agencies: CMAS contractors, who are not California certified small businesses, are required to remit to the DGS an incentive fee equal to 1% of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS. The incentive fee is in lieu of local government agencies being billed the above referenced DGS administrative fee. This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable Quarterly Report. See the provision in this CMAS entitled “Contractor Quarterly Report Process” for information on when and where to send these checks and reports. 4. Contractor Invoices Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following: • CMAS number • Agency purchase order number • Agency Bill Code (State Only) • Line item number • Unit price • Extended line item price • Invoice total CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 13 State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable. The company name on the CMAS, purchase order and invoice must match or the State Controller’s Office will not approve payment. 5. Advance Payments Advance payment is allowed for services only under limited, narrowly defined circumstances, e.g., between specific departments and certain types of non- profit organizations, or when paying another government agency (Government Code (GC) § 11256 – 11263 and 11019). It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order. Software warranty upgrades and extensions may also be paid for in advance, one time. 6. Credit Card KI/Krueger Commercial, Inc. does not accept the State of California credit card (CAL-Card). 7. Lease/Purchase Analysis State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental, and retain a copy for future audit purposes (State Administrative Manual (SAM) § 3710). For short-term rental equipment, the lease/purchase analysis must be approved by the Department of General Services, Office of legal Services. The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart™ Administrator, Patrick Mullen by phone at (916) 375-4617 or via e-mail at patrick.mullen@dgs.ca.gov for further information. 8. Leasing The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart™ Administrator, Patrick Mullen by phone at (916) 375-4617 or via e-mail at patrick.mullen@dgs.ca.gov for further information. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 14 CONTRACTOR QUARTERLY REPORT PROCESS CMAS contractors are required to submit a detailed CMAS Business Activity Report on a quarterly basis to the CMAS Unit. See Attachment B for a copy of this form and instructions. This report shall be mailed to: Department of General Services Procurement Division – CMAS Unit Attention: Quarterly Report Processing P O Box 989052, MS #2-202 West Sacramento, CA 95798-9 0 5 2 Reports that include checks for incentive fees must be mailed and shall not be e-mailed. All other reports may be e-mailed to the attention of Quarterly Report Processing as follows: CMAS Unit E-Mail: cmas@dgs.ca.gov For the full instructions on completing and submitting CMAS Quarterly Business Activity Reports, and a soft copy of a blank quarterly report form, go to the CMAS website (www.dgs.ca.gov/PD/About/Page- Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple-Award- Schedules) and then select “File a CMAS Quarterly Report”. Important things to remember regarding CMAS Quarterly Business Activity Reports (referred to as “reports” below): • A report is required for each CMAS, each quarter, even when no new purchase orders are received in the quarter. • A separate report is required for each CMAS. • Each purchase order must be reported only once in the quarter identified by the purchase order date, regardless of when the services were performed, the products were delivered, the invoice was sent, or the payment was received. • Purchase orders from State and local government agencies must be separated on the report, as shown in the instructions. • CMAS contractors must report the sales activity for all resellers listed on their CMAS. • Any report that does not follow the required format or excludes required information will be deemed incomplete and returned to the CMAS contractor for corrections. • Taxes and freight must not be included in the report. • CMAS contractors must attach to their quarterly report a check covering the required incentive fee for all CMAS sales to local government agencies (see more information below). • New CMAS agreements, renewals, extensions, and amendments will be approved only if the CMAS contractor has submitted all required quarterly reports and incentive fees. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 15 CMAS Quarterly Business Activity Reports are due in the CMAS Unit within two weeks after the end of each quarter as shown below: Quarter Date R ange Due Date Quarter 1 Jan 1 to Mar 31 Due Apr 15 Quarter 2 Apr 1 to Jun 30 Due Jul 15 Quarter 3 Jul 1 to Sep 30 Due Oct 15 Quarter 4 Oct 1 to Dec 31 Due Jan 15 CONTRACTOR QUARTERLY INCENTIVE FEES CMAS contractors who are not California certified small businesses must remit to DGS an incentive fee equal to 1% of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS agreement(s). This incentive fee is in lieu of local government agencies being billed the above referenced DGS administrative fee. CMAS contractors cannot charge local government agencies an additional 1% charge on a separate line item to cover the incentive fee. The CMAS contractor must include the 1% incentive fee in the price of the products or services offered, and the line item prices must not exceed the applicable base contract prices. A local government agency is any city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K- 12 public schools and community colleges empowered to expend public funds. This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable Quarterly Report. See the provision in this CMAS entitled “Contractor Quarterly Report Process” for information on when and where to send these checks and reports. OBTAINING COPY OF ORIGINAL CMAS AND AMENDMENTS A copy of a CMAS and amendments, if any, can be obtained at Cal eProcure (caleprocure.ca.gov). A complete CMAS consists of the following: • CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit) • CMAS Terms and Conditions. • Federal GSA (or Non-GSA) terms and conditions • Product/service listing and prices • Amendments, if applicable. It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline substantiation that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific pages from the base contract that include the required products, services, and prices. Agencies should save these pages for their file documentation. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 16 CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a Commercially Useful Function (CUF). It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs. AGENCY RESPONSIBILITY Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s interests, obtaining required approvals, and documenting compliance with Government Code (GC) § 19130.b (3) for outsourcing services. It is the responsibility of each agency to consult as applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If you do not have legal services available to you within your agency, the DGS Office of Legal Services is available to provide services on a contractual basis. CONFLICT OF INTEREST Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information. FEDERAL DEBARMENT When federal funds are being expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). CONTRACTOR TRAVEL The Travel provision is not applicable to this CMAS. LIQUIDATED DAMAGES FOR LATE DELIVERY The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 17 ACCEPTANCE TESTING CRITERIA If the agency wants to include acceptance testing for all newly installed technology systems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable. AMERICANS WITH DISABILITY ACT (ADA) Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22; California Government Code, Sections 11135, et seq.; and other federal and State laws, and Executive Orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities. See Attachment A for Procurement Division’s ADA Compliance Policy of Nondiscrimination on the Basis of Disability. Individual government agencies are responsible for self-compliance with ADA regulations. Contractor sponsored events must provide reasonable accommodations for persons with disabilities. DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Department of General Services Procurement Division, CMAS Unit 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605-2 8 1 1 Phone # (916) 375-4365 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KI/KRUEGER COMMERCIAL, INC. CMAS NO. 4-09-71-0075B, AMENDMENT NO. 2 Ordering Instructions and Special Provisions 18 ATTACHMENT A ADA NOTICE Procurement Division (State Department of General Services) AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY To meet and carry out compliance with the nondiscrimination requirements of the Americans with Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement. IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE, WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR PROCUREMENT DOCUMENTS. The Procurement Division TTY telephone numbers are: Sacramento Office: 916-376-5127 (CALNET 480-5127) The California Relay Service Telephone Numbers are: Voice: 1-800-735-2922, or 7-1-1 Speech to Speech Service: 1-800-854-7784 Updated 7/2019 CMAS QUARTERLY BUSINESS ACTIVITY REPORT Company Name: CMAS Number: For Questions Regarding this Report Contact: Name: Phone Number: E-mail: Reporting Calendar Year: Revision  Reporting Quarter:  Q1 (January to March)  Q2 (April to June)  Q3 (July to September)  Q4 (October to December) Check Here if No New Orders for This Quarter  STATE GOVERNMENT AGENCY PURCHASES State Agency Name Purchase Order Number Purchase Order Date Total Dollars Per Purchase Order Agency Contact Agency Address Phone Number Total State Agency Dollars Reported for Quarter: $ LOCAL GOVERNMENT AGENCY PURCHASES Local Government Agency Name Purchase Order Number Purchase Order Date Total Dollars Per Purchase Order Agency Contact Agency Address Phone Number Total Local Government Agency Dollars for Quarter: $ 1% Remitted to DGS (does not apply to CA certified Small Businesses): $ Total of State and Local Government Agency Dollars Reported for this Quarter: $ Ordering Instructions and Special Provisions 20 ATTACHMENT B CMAS Quarterly Business Activity Report Instructions for completing the CMAS Quarterly Business Activity Report 1. Complete the top of the form with the appropriate information for your company. 2. Agency Name - Identify the State agency or Local Government agency that issued the order. 3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable) on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order. 4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order. 5. Total Dollars Per Purchase Order - Identify the total dollars of the order excluding tax and freight. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment. 6. Agency Contact - Identify the ordering agency’s contact person on the purchase order. 7. Agency Address - Identify the ordering agency’s address on the purchase order. 8. Phone Number - Identify the phone number for the ordering agency’s contact person. 9. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre-tax) for all orders placed in quarter. 10. 1% Remitted to DGS - Identify 1% of the total Local Government agency dollars reported for the quarter. This is the amount to be remitted to DGS by contractors who are not California certified small businesses. 11. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter. Notes: • A report is required for each CMAS, each quarter, even if there are no new orders for the quarter. • Quarterly reports are due two weeks after the end of the quarter. 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