HomeMy WebLinkAboutPurchase - Traffic Sgnl Boom TruckCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE THE PURCHASE OF A TRAFFIC
TRUCK FROM ALTEC INDUSTRIES, INC.,
CALIFORNIA, IN THE AMOUNT OF $110,170
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
VENDOR: Altec Industries, Inc.
1450 North First Street
Dixon, CA 95620
DATE:
CONTENTS
Recommendation
October 13, 2016
Quote — Altec Industries
CMAS Contract
SIGNAL BOOM
OF DIXON,
By Minute Motion, authorize the purchase of boom truck from Altec Industries,
Inc., of Dixon, California, in the amount of $110,170.
Funds are available in Account No. 5304310-4403000, Equipment Replacement.
Strateqic Plan Obiective
The purchase of vehicles for the City's fleet is an operational function and has no impact
on the Strategic Plan.
Backqround
Vehicle No. 59 is a 2001 Ford F-550 boom truck used by the traffic signal crew and is
essential to the on -going maintenance and repair of the City's traffic signals. Reliability
is imperative on such a vehicle as malfunctions can cause injuries to staff and the public
if the boom fails while in use. The vehicle has been driven more than 100,000 miles;
and between September 2015 and May 2016, the truck was in the shop for repairs 12
times. Replacing this vehicle will also eliminate future costly repairs that will be needed
to maintain the hydraulic and boom components.
Staff Report
Purchase a Boom Truck
Page 2 of 2
October 13, 2016
Therefore, during the Fiscal Year 2016/17 budget preparation, staff submitted a white
paper for replacement of the traffic signal boom truck, which was subsequently
approved as part of the budget. Staff has obtained a California Multiple Award
Schedule (CMAS) Program quote from Altec Industries for a Model AT35G
telescoping/articulating continuous rotation aerial device.
CMAS is a state program that allows public agencies to acquire a wide variety of
commodities and services at prices that have been assessed to be fair, reasonable and
competitive. Therefore, in accordance with Palm Desert Municipal Code 3.30.260, the
bidding process is not required.
Fiscal Analysis
Purchase of the boom truck is funded through the vehicle replacement fund so there is
no direct impact on the General Fund. It will require regular maintenance; however,
because it is new, the cost to maintain it is expected to be less than the old truck.
Dep*m nt ead: ,
Mark Green tv od, P.E. Janet M. +e
Director c,f T blic Works Director f Finance
Approval:
Lauri Aylaian, City Manager
/bg
Quotation Number:
308052
Aftec Industries, Inc.
CMAS Contract M: 4-C2-23-0013A
Date: September 26, 2016
Quoted for: City of Palm Desert
Customer Contact: David Reyes
Phone: 760-848-8132 Email: dreyesScrtyofpaimdesert
org
Quoted by: Riley Browne - Technical Sales pecialist
Phone: (540)966-2998 Fax: (540) 591-9430
Email: riley.browne@altoe.com
Altec Federal Account Manager: Elana Martinez
Phone (303)416-0653 Email elana martinez@altec com
Altec Local Account Manager: Albert Gutierrez
Phone (951)751-6498 Email albert gutierrez@altec com
REFERENC ALTEC MODEL
,70 (i (
Telescopic Aerial Device (Insulated) )
$77.909
Per GSA Specdica(ions in GSA Catalog plus Options below
(A.) GSA OPTIONS ON CONTRACT (Unit!
21 1
(Al.) GSA OPTIONS ON CONTRACT (General)
I 1
i 2
3
I
5
GSA OPTIONS TOTAL:
$77.909
(B.) OPEN MARKET(r EMS
1 �jf
Non-Insulating AT35G with Walk-in Platform
$3.630 j
2 UNIT 3 HYDRAULIC ACC
N/A
$0 I
3 BODY 108" Altec Steel Body with Custom Compartmentation 3 Drawer Kits
$7.615 I
Cone Holder -
Underslung, Combination 2" Ball and Pintle Hitch, with Eye Bolts for Trailer
4 BODY 6 CHASSIS ACC
Safety Chain 3 7-Way Trailer Rece tact
$748
Two (2) Custom Strobe Lights Mounted on Turret. Custom Itrobe Light System Including
5 ELECTRICAL
Four (4) Tomar Strobes and One (1) Directional Light Bar,
$3,965
6 FINISHING
N/A
s0
7 CHASSIS
2017 Ford F550 4x2 with Power Packaqe
$4 813
8 OTHER
Regional Build
$2�66
OPEN MARKET ITEMS TOTAL:
$23,037
SUB -TOTAL FOR UNIT/BODY/CHASSIS:
$100 946
Documentation Fees:
$65
Estimated Sales Tex:
$8.081
Delivery to Customer:
$1.078
TOTAL FOR UNIT/BODY/CHASSIS:
$110,170
(C.) ADDITIONAL ITEM$ (items are. not included in total above -ADD as required)
1
I z
3
4
I
5
"Pricing valid for 46 days"
NOTES
PAINT COLOR: White to match chassis. unless otherwise specified by solicitation
WARRANTY: Standard Altec Warranty - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges
(Mobile Service) Limited Lifetime Structural Warranty (May vary based on product quoted) Parts only warranty on mounted equipment for
overseas customers Chassis to include standard warranty, per the manufacturer Chassis OEM to provide warranty support directly to customer
Extended warranty coverages available upon request
TO ORDER: To order, please contact the Altec Inside Sales Representative listed above
CHASSIS: Per Altec Commercial Standard
FET TAX: If chassis over 33K Ibs GVWR. 12 % FET is applicable
DELIVERY: No later than _M days ARO. unless Expedited Delivery options have been discussed with your Altec Account Manager FOB
Customer Location unless otherwise stated in Quote
TERMS: Net 30 days
STOCK UNIT OPTIONS: Stock unit options are sub)ect to prior sale If interested. please notify your Altec Account Manager within 7-business
days of this quote to secure
BEST VALUE: Altec boasts the following 'Best Value" features Altec ISO Grip Controls on Insulated Aerials for Extra Protection. Limited
Lifetime Warranty on Structural Components for Aenais and Diggers. Largest Service Network in industry (Domestic and Overseas). Altec
SENTRY* Safety Certification CBT. Dedicated Government Account Manager(s), On -Site Operator Orientation with every Awarded Contract
TRADE-IN: Eguiptment trades must be received in operational condition (as initial inspection) and DOT compliant at the time of pick-up Failure
to comply with these requirements. may result in customer bill -back repairs
FISCAL YEAR BUDGET ADJUSTMENT: Government pricing is subject to ocassional Economic Pricing Adjustment (EPA) to account model
year and material cost changes If this award occurs after the adjustment have been made. an estimated increase has been provided for your
budgetary purposes
CONTRACTOR CODE CAGE: 10ER8 - Corporate - Birmingham, AL
BUILD LOCATION CAGE: 670S8 - Elizabethtown. Kentucky
GENERAL CONTACT/IN IQU RIES: fedgovtsales@altec com
December 30, 2015
Our 86th Year
Ship To:
CITY OF PALM DESERT
2882 POMONA BLVD
POMONA, CA 91768
US
Attn
Phone 760-346-0611
Email:
Altec Quotation Number:
Account Manager:
Technical Sales & Support
Item
308052 - 1
Albert Gutierrez
Rhawnie Kraak
Quote Number: 308052 - 1
Altec, Inc.
Bill To:
CITY OF PALM DESERT
CITY HALL - ATTN: CORPORATION YARD
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
United States
Description
Unit
ALTEC Model AT35G telescoping/articulating continuous rotation aerial device with an
insulating articulating arm, insulating telescopic upper boom, and the patented ISO -Grip
insulating system at the boom tip. Includes the following features:
A. Ground to bottom of platform height: 36.1 feet
B. Working height: 41.1 feet
C. Maximum reach to edge of platform. Side Mounted Platform: 26.6 feet. End
Mounted Platform: 28.3 feet (at 12.7 foot platform height).
D. Telescopic boom extension: 9 feet 8 inches
E. Continuous Rotation
F. Articulating Arm- Articulation is from -7 to 90 degrees. Insulator provides 12 inches
of isolation.
G. Compensation System: By raising the articulating arm only, the telescopic boom
maintains its relative angle in relation to the ground. The work position is achieved
through a single function operation.
H. Telescoping upper boom Articulation is from -25 to 75 degrees.
I. Hydraulic Leveling: Platform automatically maintains level during boom articulation
through a hydraulic leveling system that requires no major preventive maintenance.
J. The Altec ISO -Grip System (U.S. Patent No 7,416,053) includes the following
boom tip components that can provide an additional layer of secondary electrical
contact protection. This is not a primary protection system. Control Handle is a
single handle controller incorporating high electrical resistance components that is
dielectrically tested to 40 kV AC with no more than 400 microampers of leakage.
The control handle is green in color to differentiate it from other non -tested
controllers. The handle also includes an interlock guard that reduces the potential
for inadvertent boom operation. The handle is tiller style and points away from
elbow. Auxiliary control covers are non -tested blue silicon covers. The control
console in non -tested non-metallic control console plate. The boom tip covers are
non -tested non metallic and are not dielectrically tested, but they may provide
some protection against electrical hazards.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
Price
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UTILITY EQUIPMENT AND BODIES SINCE 1929
Item
Quote Number: 308052 - 1
Altec, Inc.
Description
K. One set of tool outlets at the platform providing up to 5 gpm of flow for open center
tools
L. Hydraulic System: Open center system operating at 5gpm and 2,400 psi.
M. Unit is painted with a powder coat paint process which provides a finish -painted
surface that is highly resistant to chipping, scratching, abrasion and corrosion.
N. Structural Warranty all of the following applicable major components is to be
warranted for so long as the initial purchaser owns the product: Booms, boom
articulation links, hydraulic cylinder structures, outrigger weldments, pedestals,
subbases and turntables.
O. Manuals Two (2) operator and Maintenance/Parts manuals
2. AT35G Unit Model 1
3. Engine Start/Stop & Secondary Stowage System: 12 VDC powered motor and pump 1
assembly for temporary operation of the unit in a situation wherein the primary hydraulic
source fails. Electric motor is powered by the chassis battery. This feature allows the
operator to completely stow the booms and platform. Secondary Stowage & Start/Stop is
activated with an air plunger at the platform and switch at the lower control station.
4. Post style pedestal mounting 1
5. Poly Reservoir, Pedestal Mounted, 7 Gallon; Includes Sight Gauge. 1
6. Single, One (1) Man, Fiberglass Platform: End Mounted with 180 degree rotator. 24 x 30 x 1
42 inches, includes hydraulic tilt. 'Walk-in Platform
7. Two (2) Platform Steps 1
8. 254 Platform Cover - foam filled vinyl (24 x 30) for single, one-man, fiberglass platform. 1
Included Altec A logo
9. Platform liner for a 24 x 30 x 42 inch platform 1
10. Platform Capacity, 400LBS. 1
11. Platform leveling at lower controls 1
12. Altec Patented ISO -Grip Insulating 4 Function, Proportional Speed, Upper Control Handle 1
- with safety interlock and interlock guard. Forward/back operates upper boom in/out, tiller
operates rotation CW/CCW, up/down operates upper boom up/down, and twist operates
lower arm up/down Platform leveling is controlled with a separate interlocked control
handle.
13. Manual lowering valve located at the boomtip. For use in emergency situations to allow the 1
operator to lower the boom to the ground
14, Powder coat unit Altec White. 1
15. Additional Unit Option Walk-in access to platform 1
Price
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UTILITY EQUIPMENT AND BODIES SINCE 1929
L A I I
7'"s
Item
Description
Quote Number: 308052 - 1
Altec, Inc.
n
16. Additional Unit Option Supply Bracket & Wiring for FA to mount Federal Signal 1
#420221-02 to turret.
a. One (1) Bracket on Curbside of Turret
b. One (1) Bracket on Streetside of Turret
17. Additional Unit Option Provide larger slip ring for installation of two Federal Signal 1
#420221-02 lights above rotation.
Unit & Hvdraulic Acc.
18. HVI-22 Hydraulic Oil (Standard). 9
19. Standard Pump For PTO 1
20. Hot shift PTO for automatic transmission 1
Body
21.
Altec Body 1
22.
Steel Body 1
23.
Low -Side General Service (LGS) 1
24.
Body Is To Be Built In Accordance With The Following Altec Standard Specifications. 1
A. Basic Body Fabricated From A40 Grade 100% Zinc Alloy Coated Steel.
B. All Doors Are Full, Double Paneled, Self -Sealed With Built -In Drainage For
Maximum Weather -Tightness. Stainless Steel Hinge Rods Extend Full Length Of
Door.
C. Heavy -Gauge Welded Steel Frame Construction With Structural Channel
Crossmembers And Tread Plate Floor.
D. Integrated Door Header Drip Rail At Top For Maximum Weather Protection.
E. Fender Panels Are Either Roll Formed Or Have Neoprene Fenderettes
Mechanically Fastened
F. Steel Treated For Improved Primer Bond And Rust Resistance.
G. Automotive Type Non -Porous Door Seals Fastened To The Door Facing.
25.
108" Estimated Body Length (Engineering To Determine Final Length) 1
26.
94 Inch Body Width 1
27.
40 Inch Body Compartment Height 1
28.
20 Inch Body Compartment Depth 1
Price
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UTILITY EQUIPMENT AND BODIES SINCE 1929
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Quote Number: 308052 - 1
Altec, Inc.
Description
Finish Paint Body Altec White (Applies To Steel And Aluminum)
Undercoat Body
2 Inch x 4 Inch Drop -In Composite Retaining Board At Rear Of Body
Adhesive Strip Lighting (LED) Around Top And Sides Of Compartment Door Facings
Stainless Steel Rotary Paddle Latches With Keyed Locks
All Locks Keyed Alike Including Accessories (Preferred Option)
Gas Shock (Gas Spring) Rigid Door Holders On All Vertical Doors
Chains On All Horizontal Doors
Standard Master Body Locking System (Standard Placement Is At Rear. Sidepacks With
A Throughshelf/Hotstick Door At Rear, Standard Placement Is At The Front)
One Chock Holder On Each Side of Body With Retaining Lip In Fender Panel (Rear Of
Wheel Or Opposite Fuel Fill)
Custom Body Hotstick Shelf Option Hotstick Shelf Extending From Rear Of First Vertical
To Rear Of Body On Streetside
a. To Open from Top
Standard Drop -Down Hotstick Door For One (1) Shelf On Streetside, Stainless Steel Slam
Paddle Latch With Keyed Lock
Body Frame Designed For ATG Subbase
1st Vertical (SS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers
1st Horizontal (SS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers
Rear Vertical (SS) - Adjustable Shelf With Removable Dividers On 4 Centers
1st Vertical (CS) - 4 Inch High Pull -Out Drawer On Slides, As Wide As Possible, Latched,
Modular Dividers (Egg Crate Style On 2 Inch Centers, Removable, And Configurable) 2
Drawers
1st Vertical (CS) - 6 Inch High Pull -Out Drawer On Slides, As Wide As Possible, Latched,
Modular Dividers (Egg Crate Style On 2 Inch Centers, Removable, And Configurable) 2
Drawers
1st Horizontal (CS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers
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UTILITY EQUIPMENT AND BODIES SINCE 1929
0
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nA
Quote Number: 308052 - 1
Altec, Inc.
Item Description (fit
48. Rear Vertical (CS) - Locking Swivel Hooks On An Adjustable Rail - Left Wall 1
49. Rear Vertical (CS) - Locking Swivel Hooks On An Adjustable Rail - Rear Wall 3
50. Rear Vertical (CS) - Locking Swivel Hooks On An Adjustable Rail - Right Wall 1
51. 38" L Steel Tailshelf, Width To Match Body 1
52. Steel Recessed Gripstrut Side Access Steps On Curbside Of Tailshelf 1
Bodv and Chassis Accessories
53.
ICC Underride Protection 1
54.
Combination 2 Bail (10,000 LB MGTW) And Pintle Hitch (16,000 LB MGTW) 1
55.
Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device mount. 1
56.
Front Torsion Bar Installed On Chassis 1
57.
Rear Torsion Bar Installed On Chassis 1
58.
Appropriate counterweight added for stability. 1
59.
Platform Rest, Rigid with Rubber Tube 1
60.
Boom Rest for a Telescopic Unit 1
61.
Mud Flap Without Altec Logo (Pair) 1
62.
Wheel Chocks, Rubber with Metal Hairpin Style Handle, 9.75" L X 7.75" W X 5.00" H 1
(Pair)
63.
U-Shaped Grab Handle - 1
Rear Curbside, for 3-Point Access to Tailshelf
64.
Small Grab Handle Installed At Rear 1
65.
Slope Indicator Assembly For Machine Without Outriggers 1
66.
Cone Holder Underslung Style, Consists Of Two Rings And Bungee Cord (Holds up to 1
four 15"x15" large cones)
67.
Safety Harness And 4.5' Lanyard (Fits Medium To Xlarge) Includes Pouch and Placards 1
68.
5 LB Fire Extinguisher With Light Duty Bracket, Shipped Loose 1
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UTILITY EQUIPMENT AND BODIES SINCE 1929
Price
Page 5 of 11
Quote Number: 308052 - 1
Altec, Inc.
Item Description
69. Triangular Reflector Kit, Shipped Loose
70. Vinyl manual pouch for storage of all operator and parts manuals
Electrical Accessories
71.
Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, 1
including LED reverse lights)
72.
Altec Standard Amber LED Strobe Light with Brush Guard - Mounted to boom turret 2
a. One(1) Streetside
b. One(1) Curbside
73,
Custom Strobe Light Star Halo LED Amber Beacon, 255H8TAL-A 2
a. Install on bracket, mounted to front of body, outward of Golights
1. ENG REF: Golight & Strobe Mounting.pdf
74.
Custom Light Bar Tomar, R14 1
- To Include directional control
75.
Custom Remote Spot/Flood - 2
Golight, Radioray LED 79004 (White)
a. Package to Include:
1 Wireless Handheld Remote
2. Permanent Mount Shoe & Suction Cup
3. 15' Power Cord with Cigarette Plug
b Include Snap-On LED Flood Lens 15420
c Install on bracket, mounted to front of body, inward of Star Halo strobes
1 ENG REF. Golight & Strobe Mounting.pdf
76.
Single tone back up alarm installed between the chassis frame rails at the rear of the 1
chassis To work in conjunction with chassis reverse drive system
77.
PTO Hour Meter, Digital, with 10,000 Hour Display 1
78.
7-Way Trailer Receptacle (Pin Type) Installed At Rear 1
79.
Dash panel rocker switches supplied with Ford Chassis, 4 auxiliary switches supplied in 1
up fitting package from Ford a. Single power control switch for strobes and light bar
80.
Power Distribution Module Is A Compact Self -Contained Electronic System That Provides 1
A Standardized Interface With The Chassis Electrical System. (Includes Operator's
Manual)
81.
Install secondary stowage system. 1
82.
PTO Indicator Light Installed In Cab 1
Price
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UTILITY EQUIPMENT AND BODIES SINCE 1929
FA I 1 1
IM I - �1
Quote Number: 308052 - 1
Altec, Inc.
Item Description
83. Additional Electrical Accessory
a. Two (2) - Grille Mounted Strobes, Tomar LED 7x9, Amber
b. Two (2) - Rear Strobes, Tomar LED 7x9, Amber
Finishinq Details
84.
Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. 1
step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D-rings,
receiver tubes, accessory mounts, light brackets, under -ride protection, etc.Components
mounted to under side of body shall be coated black by Altec. i.e. Wheel chock holders,
mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders.
85.
Custom Cargo Coating - 1
Apply Non -Skid Coating (Light Grey) to All Walking Surfaces, Including Cargo Area and
Tailshelf.
86.
English Safety And Instructional Decals 1
87.
Vehicle Height Placard - Installed In Cab 1
88.
Placard, HVI-22 Hydraulic Oil 1
89.
Dielectric test unit according to ANSI requirements. 1
90.
Stability test unit according to ANSI requirements. 1
91.
Non -Focus Factory Build 1
92.
Delivery Of Completed Unit 1
93.
Inbound Freight 1
94.
AT35G FA Installation 1
Chassis
95.
Chassis 1
96.
Altec Supplied Chassis 1
97.
2017 Model Year 1
98.
Ford F550 1
99.
4x2 1
Price
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UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description
100. 60 Clear CA (Round To Next Whole Number)
101. Regular Cab
102. Chassis Cab
103. Chassis Wheelbase Length - 141 inch
104. Ford Gas 6.8L
105. Ford Torqshift 5 Speed Automatic Transmission (w/PTO Provision)
106. GVWR 18,000 LBS
107. 7,000 LBS Front GAWR
108. 13,660 LBS Rear GAWR
109. Hydraulic Brakes
110. Park Brake In Rear Wheels
111. Ford E/F250-550 Single Horizontal Right Side Exhaust
112. No Idle Engine Shut -Down Required
113. Ford 40 Gallon Fuel Tank (Rear)
114. Air Conditioning
115. AM/FM Radio, Bluetooth
116. Keyless Entry
117. Power Door Locks
118. Power Windows
119. Cloth Bucket Seat
Additional Pricing
Quote Number: 308052 - 1
Altec, Inc.
QtL
1
1
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120. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety 1
(90) days warranty for travel charges, limited lifetime structural warranty
121. Documentation Fees 1
Price
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UTILITY EQUIPMENT AND BODIES SINCE 1929
Item
Description
Altec Industries, Inc.
BY
Rhawnie Kraak
Notes:
1 Altec Standard Warranty:
One (1) year parts warranty.
One (1) year labor warranty.
Ninety (90) days warranty for travel charges
Quote Number: 308052 - 1
Altec, Inc.
Qq Price
Unit / Body / Chassis Total
104,465.00
Warranty on structural integrity of the following major components is to be warranted for so long as the initial
purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger
weldments, pedestals, subbases and turntables.
Altec is to supply a self -directed, computer based training (CBT) program. This program will provide basic
instruction in the safe operation of this aerial device. This program will also include and explain ANSI and
OSHA requirements related to the proper use and operation of this unit.
Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit
and its Installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including
any Implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts
Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards
Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to
focus on safety, we would encourage you to consider the following items:
Outrigger pads (When Applicable)
Fall Protection System
Fire extinguisher/DOT kit
Platform Liner (When Applicable)
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Page 9 of 11
UTILITY EQUIPMENT AND BODIES SINCE 1929
Quote Number: 308052 - 1
Altec, Inc.
Altec Sentry Training
Wheel Chocks
The aforementioned equipment can be offered in our new equipment quotations. If you find that any of these
items have not been listed as priced options in the body of your quotation and are required by your company,
we would encourage you to contact your Altec Account Manager and have an updated quotation developed
for you. These options must be listed as individual options in the body of the quotation for them to be supplied
by Altec
3 Unless otherwise noted, all measurements used in this quote are based on a 40 inch (1016mm) chassis
frame height and standard cab height for standard configurations.
4 F O B. - #FOB TERMS#
Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made
at the time of invoicing and any applicable F.E.T. will be added to the invoice amount.
6 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any
local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations
in effect at time of invoicing.
Interest charge of 1/2% per month to be added for late payment.
Delivery: 310-340 days after receipt of order PROVIDING:
A. Order is received within 14 days from the date of the quote. If initial timeframe expires, please contact
your Altec representative for an updated delivery commitment.
B. Chassis is received a minimum of sixty (60) days before scheduled delivery.
C. Customer approval drawings are returned by requested date.
D. Customer supplied accessories are received by date necessary for compliance with scheduled delivery.
E. Customer expectations are accurately captured prior to releasing the order. Unexpected additions or
changes made at a customer Inspection will delay the delivery of the vehicle.
Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless
specifically identified, by the customer, during the quote and or ordering process.
Trade-in offer is contingent upon equipment being maintained to DOT (Department of Transportation)
operating and safety standards. This will include, but not limited to tires, lights, brakes, glass, etc. If a
trade -In is not maintained to DOT standards, additional transportation expenses will apply and could be
Invoiced separately.
All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with the vehicle unless
otherwise agreed upon in writing by both parties. Altec Industries reserves the right to re -negotiate its
trade-in offer if these conditions are not met.
Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of
purchase order. After that time Altec Industries will expect receipt of trade-in vehicle upon delivery of new
equipment as part of the terms of the purchase order.
Titles for trade-in equipment should be given to the appropriate Altec Sales associate or forwarded to Altec
Nueco at address 1730 Vanderbilt Road, Birmingham, AL 35234.
10 This quotation is valid until FEB 26, 2016. After this date, please contact Altec Industries, Inc. for a possible
extension
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UTILITY EQUIPMENT AND BODIES SINCE 1929
F A I I
-m [ �� -7 9
Quote Number: 308052 - 1
Altec, Inc.
11 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in -shop service and same
day parts shipments on most parts from service locations nationwide at an additional competitive labor and
parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs.
12 Please email Altec Capital at finance@altec.com or call 888-408-8148 for a lease quote today.
13 Please direct all questions to Albert Gutierrez at (707) 678-0800
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UTILITY EQUIPMENT AND BODIES SINCE 1929
c7G5
November 22 20'3
IVir Randy cocker
Alter Industries. Inc
450 North Frst Street
Dixon. CA 95520
Subject: RENEWAL of Altec Industries, Inc.'s California Multiple Award Schedule (CMAS)
CMAS Contract No.: •=-02-23-3313A, CUP PLErfEy''i t-:0.
CMAS Contract Term: Oo-arni:e- 27., 2013 through Aug!si 31', 20-8
Base GSA Schedule No.: CS-30t=-i02PC
The State of California accepts your firm's offer and renews the attached California Multiple Award
Schedule (CMAS) contract for the term identified above. The contract has been awarded the same
contract number as the original CMAS contract. This contract number must be shown on each invoice
rendered. Additionally, this letter shall not be construed as a commitment to purchase any or all of the
State's requirements from your firm Prior approval is required from the State for all news releases
regarding this contract.
It is your firm's responsibility to furnish, upon request, a copy of this CMAS contract to State and local
government agencies. A complete CMAS contract includes the following: 1) this acceptance letter,
2) CMAS cover pages (which includes the signature page, ordering instructions and special provisions,
and any attachments or exhibits as prepared by the CMAS Unit), 3) CMAS terms and conditions,
4) Federal GSA terms and conditions, and 5) product/service listing and prices. The CMAS Unit strongly
recommends that government agencies place orders with Contractors who provide ALL of the Contract
elements described above.
To manage this contract, Contractors are directed to the "CMAS Contract Management and Information
Guide', which can be accessed at www.das.ca.aov/pd/programs/leveraaed/cmas.asi)x, then select the
"For Suppliers/Contractors" link. This guide covers topics such as CMAS Quarterly Reports,
amendments, extensions, renewals, Contractor's change of address or contact person, company name
change requests and marketing your CMAS contract.
It is the Contractor's responsibility to submit on a timely basis detailed CMAS Quarterly Reports (along
with any applicable incentive fees).
THE NEXT QUARTERLY REPORT DUE FOR THIS CONTRACT IS Oe-23-:3
DUE BY .'is : 15, 20-i-7
.
The "Approved CMAS Contractor' logo is only available to CMAS contract holders for display at
conferences or on other marketing material. A login and password is required to download the logo. Go
to www dcas.ca qov/pd/Home/FormsResourcesLibrary aspx, then select "Reference Material"• click on
"CMAS Logos" under the heading "Marketing Tools". At the prompt, enter the login: "cmassupplier" and
the password: "cmas010194".
Should you have any questions regarding this contract please contact me at 9 16/375-439�. Thank you
for your continued cooperation and support of the CMAS Program.
FAU'S';NU MARQUEZ. Program Analyst
California Multiple Award Schedules Unit
oss
State of California
Procurement Division
707 Third Street, 2n0 Floor, MS #2-202
West Sacramento, CA 95605-2811
MULTIPLE AWARD SCHEDULE
Altec industries, Inc.
CONTRACT NUMBER: 1 4-02-23••00'13A
CMAS CONTRACT TERM:
iCONTRACT CATEGORY'
APPLICABLE
.TERMS &CONDITIONS:
MAXIMUM ORDER LIMIT
FOR USE BY:
BASE GSA SCHEDULE NO.:
BASE SCHEDULE HOLDER'
11122i2013 tnrOUgh 81^1120'18
Non Information Technology Goods
August 2010
$ 100.000
State & Local Government Agencies _
GS-30IF 0 2 8 G
Altec Industries. Inc.
lThis contract provides for the pt-I.rchase and w-:rranty of coiisiruc'ion
eCiLh,pmeni (See pa.ne 2 .or the spP.cifiC 7ra;j('s, one )-estrictions
applicabie k) hls contract.)
NOTICE Products and/or services on this CMAS contract may be available on a Mandatory Statewide Contract
(formerly Strategically Sourced Contract) If this is the case, the use of this CMAS contract is restricted unless
the State agency has an approved exemption pursuant to MM 05-11, and as further explained in the Statewide
Contract User Instructions Information regarding Statewide Contracts can be obtained at the website-
htto./iwww.documents dqs ca.gov/pd/contracts/contractindexlistinq.titm. This requirement is not applicable to
local government entities.
The purpose of this supplement is to renew this contract through 8-31-2018. In addition, this supplement
replaces in its entirety Altec Industries. Inc.'s existing California Multiple Award Schedule (CMAS) that expired
on 8-31-2013. The most current Ordering Instructions and Special Provisions and CMAS Terms and Conditions
dated August 2010, products and;or services and pricing are included herein. Please review these provisions
carefully because they may have changed since issuance of your last contract.
Agency non-compliance with the requirements of this contract may result in the loss of delegated authority to
use the CMAS program
Contractor non-compliance with the requirements of this contract may result in contract termination.
Effective Date:
F:. [;217i,�: !V.,*., -,Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
.cLTEC'i'Ct;S:-ROES,
i'O. 4-02-32-30'-3k,, SUPPLEi- EN-i '�'O
CMAS PRODUCT & SERVICE CODES
The CMAS Product & Service Codes listed below are for
marketing purposes only. Review this CMAS contract
and the base contract identified below for the products
and/or services available on this contract
Brand-Altec
onstrurtion Fquif:-;;rar
.rt-Derrick D!ggers
Lift Vehicle klo,,nW o Personnel
verocl�-Ub-ity Electr.c
AVAILABLE PRODUCTS AND/OR SERVICES
,)nl� ptodt.cts tram t`ie rnJn'.IfaCfurertr•} nst'c below are
2t'ai'•(IJ�c' 1flthir. hE scone of tP115 !:antra:(
,.*.ez
he ,den-.g 3aenc:y inust vt:;iify M: products and/or
services ale ,urr, rWy a;a!labie un the hose t38A
,•cnedu'e at the GSA ebbr..ry Access the GSA eLibrary
CMAS BASE CONTRACT
This CMAS contract is based on some or all of the
products and/or services and prices from GSA
Schedule No. GS-�017-1028G (ALTEC
IADUS-i RIES. li,C.) with a GSA term of 519/2C13
through 51812018. The term of this CMAS contract
incorporates an extension of three months
beyond the expiration of the base GSA contract,
and is shown in the "CMAS Term Dates" on page
1.
ISSUE PURCHASE ORDER TO
Agency p;.irchase orders must be in3iled to the following
address, o; fa>•od to (707) 678-1219
at'tec Industries, Inc-
V50 i'orth First Street
Uixon, CA 95620
A.:.n. , •;att Owenr
v.*, r4!. 1 C-nc iegai i-io products 7 nr"tor
contractor as follow,:.
F.�c ne t9 16; 7K414
E-mail. r.-nc..y.Fc'.^iLal'cec.com
PRIOR APPROVAL
In accordance with State Administrative Manual (SAM)
Section 4110, State agencies must get approval from the
Office of Fleet and Asset Management prior to placing the
order. For approval, send the original Std. 65 to:
Department of General Services
Office of Fleet and Asset Management
1700 National Drive
Sacramento, CA 95834
Attn: John Musser
(916)928-7968
Local governments are not required to adhere to this
provision.
INSPECTION
In accordance with State Administrative Manual (SAM)
Section 4113, equipment must be inspected by a Fleet
inspector prior to delivery at the Contractor's site.
Contact Fleet to arrange for the inspection.
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code Section
10295.4, and prig to placing an order for non -IT goods
and/or services, agencies must verify with the Franchise
Tax Board and the Board of Equalization that this
contractor's name does not appear on either list of the
500 largest lax delinquencies pursuant to Section 7063 or
19195 of the Revenue and Taxation Code
The Franchise Tay, Board's list is available at
tvww.ftb.ca aov/aboutFTB/Delinauent Taxpavers shtml
The Board of Equalization's list is available at
www.boe.ca aov/cai-bin/delig cii.
CALIFORNIA SELLER'S PERMIT
Altec industries Inc.'s California Seller's Permit No. is
30694147 Prior to placing an order with this company,
agencies should verify that this permit is still valid at the
following website: www boe.ca.aov.
CONTRACT PRICES
The maximum prices allowed for the products and/or
services available in this CMAS contract are those set
forth in the base contract identified on page 2 of this
contract.
The ordering agency Is encouraged to seek prices lower
than those on this CMAS contract. When responding to
an agency's Request for Offer (RFC), the contractor can
offer lower prices to be competitive.
Ordenng Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
Ci,AS : !C. 4-02-23-00 i 3 ^,. SLJPPLEi:.Ehr i' O. 4
PRICE DISCOU�!TS
This CMAS contract contains quantity price discounts.
See the base GSA schedule for the specific percent of
discount
DARFUR CONTRACTING ACT
This contractor has certified compliance to the Darfur
Contracting Act per PCC section 10475, et seq.
AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA)
Ordering departments executing purchases using ARRA
funding must attach the ARRA Supplemental Terms and
Conditions document to their individual RFOs and
purchase documents Departments are reminded that
these terms and conditions supplement, but do not
replace, standard State terms and conditions associated
with this CMAS contract. The ARRA Supplemental
Terms and Conditions can be accessed at
wNrw.documents dos ca ggy/pdrpgl!p oc/ARRATand%20
C081009finial �df
WARRANTY
o warrawies See the ie0erLl GSP scnedule and the
t;l S 'erins arc Cc-wjitions. Genpr:. 11rovisi0rzs. 13; 115
anan.v
DELIVERY
180-360 days after receipt of order or as negotiated
between agency and contractor and included in the
purchase order, or as otherwise stipulated in the contract.
PURCHASING AUTHORITY DOLLAR THRESHOLD
No CMAS order may be executed by a State agency that
exceeds that agency's CMAS purchasing authority
threshold or the CMAS maximum order limit, whichever is
less.
HOW TO USE CMAS CONTRACTS
Agencies must adhere to the detailed requirements in the
State Contracting Manual (SCM) when using CMAS
contracts. The requirements for the following bullets are
in the SCM, Volume 2, Chapter 6 (for non -IT) and the
SCM Volume 3, Chapter 6 (for IT):
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 at
\knmv dos ca ocv/Qd'Programs/Leve raged!CMAS_�ispx.
select "Find a CMAS Contract'.
• 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 (Std. 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 and 3,
Chapter 3)
• This is not a bid transaction, so the small business
preference, DVBE participation goals, 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 contractor.
• For CMAS transactions under $5,000 only one offer
is required if the State agency can establish and
document that the price is fair and reasonable.
Local governments set their own order limits, and are not
bound by the order limits on the cover page of this
contract.
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 (SAM 3572).
Splitting a project into small projects to avoid either fiscal
or procedural controls is prohibited (SAM 4819.34).
MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders
placed under this contract
ORDERING PROCEDURES
1. Order Form
State agencies shall use a Contract/Delegation
Purchase Order (Std. 65) for purchases and
services.
Local governments shall, in lieu of the State's
Purchase Order (Std. 65), use their own purchase
order document
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
ALTEC ri CUSTrRIE3, 10C.
—AS 1,!0. 1-02-23-.)03A. Sl!?"r Ei:.EiJT 'C.4
Electronic copies of the State Standard Forms can
be found at the Office of State Publishing website
The site provides information on the various forms
and use with the Adobe Acrobat Reader. Beyond
the Reader capabilities, Adobe Acrobat advanced
features may be utilized if you have Adobe Business
Tools or Adobe Acrobat 4.0 installed on your
computer. Direct link to the Standard Form 65:
www.das ca.aov/oso/Programs/FormsManaaementC
enter/FillPrintList_ aspx
2. Purchase Orders
State and Local Government agencies are required
to send a copy of each CMAS purchase order to:
Department of General Services
Procurement Division, Data Management Unit
PO Box 989052, MS #2-203
West Sacramento, CA 95798-9052
(or via Interagency Mail Service #Z-1)
The agency is required to complete and distribute the
order form. 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 orders that
are not accurate. Discrepancies are to be negotiated
and incorporated into the order prior to the products
and services being delivered.
3. Service and Delivery after Contract Expiration
The purchase order must be issued before the
CMAS contract end term expires. However, delivery
of the products or completion of the services may be
after the contract end term expires (unless otherwise
specifically stated in the contract), but must be as
provided for in the contract and as specified in the
purchase order.
4. Multiple Contracts on STD. 65 Order Form
Agencies may include multiple CMAS contracts from
the same contractor on a single Std 65
Contra WDelegation Purchase Order. For guidelines,
see the SCM. Volumes 2 & 3, Chapter 6.134.1.
5. Amendments to Agency's Purchase Orders
Agency purchase orders cannot be amended if the
CMAS contract has expired.
The SCM, Volumes 2 & 3, Chapter 6.A5.0 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 as follows:
If the original contract permitted amendments, but
did not specify the changes (e.g , quantity or
time), it may be amended. 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.
CONTRACTOR OWNERSHIP INFORMATION
Ailec Industries 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
contracts [GC Section 14846(b)]. NOTE. The
Department of General Services auditors will request
substantiation of compliance with this requirement when
agency files are reviewed.
The following website lists CMAS Small Business and
Disabled Veteran Partners:
www.das.ca qov/od/Programs/Leveraged/CMAS.asox
then select "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 dos ca.aov/ofs/Resources/Pricebook.aspx
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
t,L i EC ii•tO�S'i RiES, li,'C.
Ci:.AS 1.0. 4-02-23-00i3."-,, SU??;E,,.Eiq 7 ;�O. 4
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars
towards their small business or DVBE goals whenever
the Contractor subcontracts a commercially useful
function to a certified small business or DVBE. The
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
Contractor to each small business or DVBE.
2 The Contractor will provide an ordering agency with
the following information at the time the order is
quoted:
a The Contractor will state that, as the prime
Contractor, ft shall be responsible for the overall
execution of the fulfillment of the order.
b. The Contractor will indicate to the ordering
agency how the order meets the small business
or DVBE goal, as follows:
• List the name of each company that is
certified by the Office of Small Business and
DVBE Certification that it intends to
subcontract a commercially useful function
to; and
• Include the small business or DVBE
certification number of each company listed,
and attach a copy of each certification; and
• 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
• 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 contract for goods to be manufactured by the
contractor specifically for the State and not suitable for
sale to others may require progress payments
For Non-1T goods contracts, see the CMAS contract Non
IT Commodities Terms & Conditions. Provision 69.
Progress Payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considefed. The
product description and trade-in allowance must be
identified on the purchase order.
Agencies are required to adhere to SAM 3520 through
3520 6, Disposal of Personal Property and Surplus
Personal Property, as applicable, when trade-ins are
considered. A Property Survey Report, Std 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.
ELECTRONIC WASTE RECYCLWG
The Electronic Waste Recycling Act of 2003 requires
retailers to collect a recycling fee from consumers on
covered electronic devices starting January 1, 2005.
California Public Resources Code. Section 42463(f)
defines a "covered electronic device" as a video display
device containing a screen greater than four inches
measured diagonally. See the code identified above for
more information and exceptions to this definition.
The Integrated Waste Management Board is
implementing this new legislation. and the Board of
Equalization is responsible for collecting these recycling
fees from retailers. See the following two websites for
more information on this topic
www ciwmb ca aov/Electronics/ActZO03i
www.boe.ca aov/sotaxorog/ewaste htm
The electronic waste recycling fee must be shown as a
line item on the agency purchase order before the
Contractor can include it on their invoice.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
,•`-.LTEC ;e!D
Cr-jAS i•!O. -407..-2-3Z 0'1?A. SU`1PLEi:IEr,! :%'0. t
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 schedule, 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
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS
contracts 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 contract
available, each local government agency should make its
own determination whether the CMAS program is
consistent with their procurement policies and
regulations
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 contract is
based on 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 for changes to
contracts that require California Prison Industry
Authority (CALPIA) approval.
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-DELETIIIG FEDERAL GSA TERMS A14D
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 U.S. 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 (FAR), Federal Information
Resources Management Regulation (FIRMR), 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 shall prevail 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 contracts.
Nonetheless, there is no guarantee that every possible
requirement that pertains to all the different and unique
State processes has been included.
STATEWIDE PROCUREMENT REQUIREMENTS
Agencies must carefully review and adhere to all
statewide procurement requirements in the SCM,
Volumes 2 and 3, such as:
• Automated Accounting System requirements of State
Administrative Manual (SAM) Section 7260-62
• Productive Use Requirements, per the SCM, Volume
3, Chapter 2, Section 2 B6.2.
• SAM Sections 4819.41 and 4832 certifications for
information technology procurements and
compliance with policies.
• Services may not be paid for in advance.
• Agencies are required to file with the Department of
Fair Employment and Housing (DFEH) a Contract
Award Report Std. 16 for each order over $5,000
within 10 days of award, including supplements that
exceed $5,000.
• Pursuant to Public Contract Code Section 10359
State agencies are to report all Consulting Services
Contract activity for the preceding fiscal year to DGS
and the six legislative committees and individuals
that are listed on the annual memorandum from
DGS.
• Pursuant to Unemployment Insurance Code Section
1088.8, State and local government agencies must
report to the Employment Development Department
(EDD) all payments for services that equal $600 or
more to independent sole propnetor contractors.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
',L-EC it,'.DUSTRIES, h,,1C.
SU:_-PLFI.!,Ei `T ': a.
See the Contractor's Sid. 204, Payee Data Record,
to determine sole proprietorship. For inquiries
regarding this subject, contact EDD at (916) 651-
6945 for technical questions or (888) 745-3886 for
information and forms.
Annual small business and disabled veteran reports.
Post evaluation reports Public Contract Code 10369
requires State agencies to prepare post evaluations
on form Sid. 4 for all completed non -IT consulting
services contracts of more than $5,000. Copies of
negative evaluations for non -IT consulting services
only must be sent to the DGS, Office of Legal
Services. The Bureau of State Audits requires State
agencies annually to certify compliance with these
requirements.
ETHNICITY/RACE/GENDER REPORTING
REQUIREMENT
Effective January 1, 2007, in accordance with Public
Contract Code 10111. State agencies are to capture
information on ethnicity, race, and gender of business
owners (not subcontractors) for all awarded contracts,
including CAL -Card transactions. Each department is
required to independently report this information to the
Governor and the Legislature on an annual basis.
Agencies are responsible for developing their own
guidelines and forms for collecting and reporting this
information
Contractor participation is voluntary.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this contract are net 45 days
Payment will be made in accordance with the
provisions of the California Prompt Payment Act,
Government Code Section 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 (i) the date of
acceptance of goods or performance of services, or
(ii) receipt of an undisputed invoice, whichever is
later.
2. Payee Data Record (Sid. 204)
Each State accounting office must have a copy of the
Contractor's Payee Data Record (Sid. 204) In order
to process payment of invoices. Contractors are
required to provide a copy of their Sid. 204 upon
request from an agency customer. Agencies should
forward a copy of the Std. 204 to their accounting
office. Without the Sid 204, payment may be
unnecessarily delayed.
3. DGS Administrative and Incentive Fees
Orders from State Aaencies:
The Department of General Services (DGS) will bill
each State agency directly an administrative fee for
use of CMAS contracts. 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 at.
www.dos ca oov/ofs/Resoui-ces/Pricebook.asox
Orders from Local Govemment Aaencies:
Effective for CMAS orders dated 1/1/2010 or later,
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 contract(s). This
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 contract entitled "Contractor Quarterly Report
Process" for information on when and where to send
these checks and reports.
4. Contractor Invoices
Unless otherwise stipulated, the 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:
• Contract number
• Agency purchase order number
• Agency Bill Code
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized
separately and added to each invoice as applicable.
The company name on the CMAS contract, purchase
order and invoice must match or the State
Controller's Office will not approve payment.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
.LTEC ;i�!C1.,,S-:-riES, IF:C.
G,AE I t0. 1%'-V-23-*313A, CUPPL E'AEr'T ;,!O. `
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 (GC 11256 - 11263 and 11019)
It is NOT acceptable to pay in advance, except
software maintenance and license fees, which are
considered a subscription, may be paid in advance if
a provision addressing payment in advance is
included in the purchase order.
Warranty upgrades and extensions may also be paid
for in advance, one time.
6. Credit Card
Altec Industries, Inc does not accent 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 leasetrental, and retain a copy for
future audit purposes (SAM 3700). Approval by the
Department of General Services is not required.
8. Leasing
Except for Federal Lease to Own Purchase (LTOP)
and hardware rental provisions with no residual value
owed at end term ($1 residual value is acceptable),
Federal GSA Lease provisions are NOT available
through CMAS because the rates and contract terms
and conditions are not acceptable or applicable to
the State.
SEAT Management financing options are NOT
available through this contract.
As an alternative, agencies may consider financing
through the States financial marketplace GS $Marti".
All terms and conditions and lenders are pre -approved
for easy financing The GS $Mart^" Internet address is
www.dgs ca gov+odrorograms/statefinancialmarketolace.asox.
Buyers may contact the GS $Mart Tv Administrator, Pat
Mullen by phone at (916) 375-4617 or via e-mail at
oat mullen aadas ca.aov for further information.
Maintenance Tax
The Board of Equalization has ruled that in
accordance with Section 1655 of the Sales and Use
Tax Regulations of the Business Taxes Law Guide,
that whenever optional maintenance contracts
include consumable supplies, such supplies are
subject to sales tax.
Generally the State has two options:
For contracts that provide for maintenance
services (i.e., the furnishing of labor and parts
necessary to maintain equipment), the charges
for the provision of maintenance services are
not taxable
For contracts that provide for maintenance
services and consumable supply items (e.g
toner, developer, and staples), the provision of
the consumable supplies is considered a
taxable sale of tangible personal property
Therefore, State agencies awarding optional
maintenance contracts are responsible for
paying the applicable safes tax on the
consumable supplies utilized during the
performance period of the maintenance
rontract
The contractor will be required to itemize the
taxed consumables for State accounting
purposes.
CONTRACTOR QUARTERLY REPORT PROCESS
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
PO Box 989052, MS #2-202
West Sacramento, CA 95798-9052
Reports that include checks for incentive fees or that
exceed a total of 5 pages must be mailed and shall not be
faxed or e-mailed. All other reports may be faxed or e-
mailed to the attention of Quarterly Report Processing as
follows:
CMAS Unit Fax Number: (916) 375-4663
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
www.das.ca aov/od/Proarams/Leveraged/CMAS asox,
and then select "For Suppliers/Contractors"
Important things to remember regarding CMAS Quarterly
Business Activity Reports (referred to as "reports" below):
• A report is required for each CMAS contract each
quarter, even when no new purchase orders are
received in the quarter.
• A separate report is required for each CMAS
contract.
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.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
ALTEC iNDUSTRIES, INC.
Ci';i•.S �d0. 4-33-2?-JG'i'sr:. Si1PPLENI.En?T 0C. 4
• Purchase orders from State and local government
agencies must be separated on the report, as shown
in the instructions.
• Contractors must report the sales activity for all
resellers listed on their CMAS contract.
• Any report that does not follow the required format or
excludes required information will be deemed
incomplete and returned to the contractor for
corrections.
• Taxes and freight must not be included in the report
• For CMAS orders dated 1/1/2010 or later,
contractors are no longer required to attach copies of
purchase orders to their reports. This changed
requirement will begin on Q1.2010 reports, which are
due 4/15/2010
For CMAS orders dated 1/1/2010 or later
contractors who are not California certified small
businesses 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). This new requirement will start
on 01-2010 reports, which are due 4/152010.
• New contracts, contract renewals or extensions, and
contract modifications will be approved only if the
contractor has submitted all required quarterly
reports and incentive fees.
CMAS Quarterly Business Activity Reports are due in the
CMAS Unit within two weeks after the end of each
quarter as shown below:
Quarter 1
Jan 1 to Mar 31
Due Apr 15
Quarter 2
I 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
I Due Jan 15
CONTRACTOR QUARTERLY INCENTIVE FEES
CMAS contractors who are not Califomia certified small
businesses must 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 contract(s). This incentive fee is in lieu of local
government agencies being billed the above referenced
DCS administrative fee
CMAS contractors cannot charge local government
agencies an additional 1 % charge on a separate line item
to cover the incentive fee. The 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 GSA 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 contract entitled
"Contractor Quarterly Report Process" for information on
when and where to send these checks and reports.
CONTRACTOR PROVIDES COPY OF THE CONTRACT
AND SUPPLEMENTS
CMAS contractors are required to provide the entire
contract that consists of the following:
• Cover pages with DGS logo and CMAS analyst's
signature, and Ordering Instructions and Special
Provisions.
• California CMAS Terms and Conditions.
• Federal GSA Terms and Conditions (unless
otherwise stipulated in the CMAS contract).
• Federal GSA products, services, and pnce list
(unless otherwise stipulated in the CMAS contract)
• Supplements, if applicable.
It is important for the agency to confirm that the required
products, services, and prices are included in the contract
and are at or below contract rates. To streamline
substantiation that the needeo items are in the contract,
the agencies should ask the contractor to identify the
specific pages from the contract that include the required
products, services, and prices. Agencies shoufd save
these pages for their file documentation.
CONTRACTORS ACTING AS FISCAL AGENTS ARE
PROHIBITED
When a subcontractor ultimately provides all of the
products or performs all of the services that a 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
Agencies must contact contractors to obtain copies of the
contracts and compare them for a best value purchasing
decision.
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 19130.b (3) for outsourcing services.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
ALTEC WD'JSTRIES, I, !C.
Cf:w',S it0. 4 02-23-: 013A, SUP?LEi-1EP'? i•!O. 4
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 attached 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 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).
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.
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
SHIPPING INSTRUCTIONS
F ', 13 ,F-rea ('ii Board) E):,st:nation Seim p.-iys fete
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 Govemment 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, 2r4 Floor, MS 202
West Sacramento. CA 95605-2811
Phone # (916) 375-4363
Fax # (916) 375-4663.
Ordering Instructions and Special Provisions 10
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
ALTEC ;i'• DUS'i ROES, IPC.
CMAS i,,O. 4-0?.-Z3-OC13A, SUPPLEs!IENT 140. L
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) 376-1891
Fullerton Office: (714) 773-2093
The California Relay Service Telephone Numbers are:
Voice 1-800-735-2922 or 1-888-877-5379
TTY: 1-800-735-2929 or 1-888-877-5378
Speech -to -Speech: 1-800-854-7784
Ordering Instructions and Special Provisions 11
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
ALTEC ';•:CjSTRIES. 10C.
C:.'AS NO. -02-23-00 i3,',. SJFPLEi�iEi,!— 00.
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 Agency Billing Code - Identify the State agency billing code. This is a five -digit number identified on
the upper right hand corner of the Std. 65 purchase order form. You must identify this number on all
purchases made by State of California agencies. Billing codes are not applicable to Local Government
agencies
6. Total Dollars Per PO - 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.
7. Agency Contact - Identify the ordering agency's contact person on the purchase order.
8 Agency Address - Identify the ordering agency's address on the purchase order.
9. Phone Number - Identify the phone number for the ordering agency's contact person.
10 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
11. 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.
12 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 contract, each quarter, even when there are no new orders for the
quarter.
• Quarterly reports are due two weeks after the end of the quarter.
Updated 1/1/2010 13
-•r
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
DEPIN1 7 IONS ' ni- Igl uveinc lermt seal of giver tn: meaninc
sown, unless ccnle.x. recu-net otnerv✓-sc o' F. unique rnean,nc IF
otnenvlse specifies
a "Business entity' means any ndiviclua: business
panne ;hip ;ou), veniurt uc'aoratror, S-ccrpora:iur, li niteo
'rat) w) coruorohr, prated Iiapillty pan')ersn F Solt
oropnete•c^ip. loin! stocl ;,or.pany consortium o u'ne:
prl✓a't emirre�ogr.¢Cs' b staune-
h-,iyer" mea•rr the State s au:r,or•z4o Curvactrng ofi-oral
'Contract' -near" ibis Ccolrac' or agreement pnch,drng
anv ourr.bast ice,: by .w'2!eve' name Prowo or u
✓✓rateve iwr -a: usec
d "Contractor" mean: hit Bubirebs. Enbu flit+, whom the
Sate e^leis iwr, tms :,onuact :,ontracto� snar be
sync-,Vn,ous witri s;:pplrer `ve dor' o: other similar term
P; "G000s' icommcdrhec. means all types of tangible
personal prooerty, inciuding but not I-miteu I,-. matenais,
r.uppues, anc eourpmenr. (Ir.ciudino computer equipmen: ante
:e,Pcorr,mu'I ca!lonsl
'I "State" rneans the government of the State of Calrfornrs, its
employees a-.d au'nortzeci representatives ,r)cILAinq w!tnoul
ri-mtat:or any department, agency, or o'her and of the
government o' the Slate or Gahiornia
2. CONTRACT FORMATION. If this Contract results ',torn a
Cor.t:ac: Offer. then Contractor's offer tE oeemed a firm Offer and
t'rs Contrac• oncument Is the eaters. acceptance of that offer
COMPETE INTEGRATION Th!s Contrac:, ir,clud nq a^y
ecs:umenlE Incorporated ne-ein by express reference is intended
to be a compiete ❑iegrabor and there are nc prior or
contemaoraceous ciffere-t or adclhonal agreements perla'r my to
the sub,ecl matter of the C;.)n'rosa
a SEVERABIL:TY I rc Cont aclo• anc :he State agree that it anv
i:r,-.v151:)1_ of V lc (,or•Va.:: I5 )ound to oe ;Jecial or une:rcrctable
sue`. !elm or :,ruvrsior :,pal! tic oeemec s'r.cKen a•:d the
-erns:: aer (-,l the a c' sha'- remain ,n fur- force and effect
Either -)any having Know,ecce of such tern, or prowsior steal
prcmotly tnfum !nt olr•e' of t•)e presumes ncr-aop:icabd:ty o'
suet urovis,ul.
5. INDEPENDENT CONTRACTOR: Contractor and the agents ado
employees cf Co•ttractor, in the performance of fills Co-itract
shalt act it an indeperdent capacity and not as officers or
cmo ovees or agents c''he Sia:e
6 APPLICABLE LAW Th.r, Contract snal: be uoverned by and
st-.all be interpreted ,n ac.zo•dance vntri Me laws of trio Stale of
Calforua, venue of any achon brought with regare to this
Ccniracl sh.fl tit rr Sacramento County 1.acrame tto. Caldomra
Tbc tlnrteo Nabors Corve•.tion on Contracts for the: Inlentahona'
, ,e of Goods shall not apply is 'ie:s Contrac,
CCh1PL-ANCE WITIi S-ATUTES AND REGUL-ATIONS
a . Contracto- v✓arrarts anc certifies that in the performance of
Iws Contrac. It will comj'y w :n all appl,cablE statutes iutes,
;eaula!ior.: and orcers or the Un ,ecl States and the State or
t.dlflgl nl: ano agree: ic, rncemnify the State ago,nsl any
U :.ass damace o• Lt,Lilily by ruason o' Convactol's
vio'ai.gr, or th 5 provrsicn
u I' thin CoWmct It, exzes> or S554.00G : IS iuD.co, .c• the-
,;;•,nem�nL cf t•�;- '�Nono Traoc ;lroanizauhr• fVlr"O
rive;nr w Fjor, re,ne v Ao•eemew fGr'h
CONTRACTOr S POWER AND AUTHORITY Tne ;,crtr2zw
wzvrarlE ina; is nas lul' powe. anc auVio(itl Ic orant the rignls
!:e'em oranteo and wit hold inE State harmless troy, anc. agains:
arty IosE, cos;. I:ability ano expense (including reasovaore
atiorrev fees; ansino out of anv breach of This warranly Further.
Contracto• aver: that r. will not enter ntc, any arrangemen wrti,
any third warty wn ch mign: abridge any rights of t•ie Slate- urrdel
tots Contrac!
Tni `;:ate- w).. notify Contracto• o; any suci: zia,rr. it wnuru
end ien0et the defense tnereot witnro �, reabonarolc time
anc
u, C;onir2mor v✓il I,ays: sole con,rol of the uetense of any aa,ul
on suer, claim and al; negotiaticns for its sel!lemen' o•
comorom,se, provided that (i. wnen substantial principle,, o'
government or puolic lava are involved, when htignho•, mignt
create precedent aHecting suture State operations or liability
ui wirer involvement of the State is othewise mandates; by
law, the State rfay participate In such acboc at Its ow -
expense with respect to a:tornevs' fees and costs (but not
liabil,ty) (it) 'he State will have the r ght to approve or
disapprove any settlement o: compromise, wnicr, approval
will rot unreasonably be withheld or delayed, and till) the
State will reasonaoly cooperate In the defense and I- any
related settlement negotiations
9. CMAS -- ASSIGNMENT: This Contract shall not be assionabtt
by the Contractor iu v✓`role or In part without the written consent of
the State For the purpose of this paragraph. State will not
unreasoracry prohibit Contractor from freely assignmin ite right to
payment. prov!ded Vial Contractor remains resporisiole for Its
oblioal,Dns nereur)der
Should the State cesi-e nnancinq of the assets provided
hereunder tnrbugh 'CS $wean, the State's financial marketplace,
.he Contractor ag•ees to assign t3 a State -designated lender its
r.gnt to receive payment from the State for the assets in
exchange for payment by the !ender o.' the cash purchase price
`or the assets Upon ' ot,ce'c do se from the Slate -designated
,ender at any time prior to cayment by 111E State for the assets.
!lie Comractor will execute and deliver to the State -designated
sander an assignment agreement and any additional documents
necessary to: the State selec'ed f,canc,ng plan The State -
designated ,endrt wih pay the Contractor accordrn(, to the terms
of the Contractor's, invoice upon acceptance o' the assets by the
Sale
10. WAIVER OF RIGHTS Any action or inaction by the State: or the
failure of the State on any occasion, to enforce any light or
provisior of the ConlreCt, shall no, be construed to be a waiver by
the State of Its nahts hereunder and shall nc; p-event the Stale
from enforcing such provision or right on any **utu•e occasior
T he rights and remedies of the State henry) are cumulative and
are In addlhor: t any whet n.ghts o: remedies tha' the State may
have at aw or in Catllly
1 CMAS -- ORDER OF PRECEDENCE In the even' of arty
rrcurs:slency between the articles, etlachmentE spectirca:,on,, or
orovrsions which constitute !hi, Contract. the followinc_ order of
ofecedencE shall apply
a) tliese General pruursfons - rJun-I' C.ommodhres
bi ' ontrac' fora,, , e 1 UrChLst Order STC 61_ etc anc ari
amenomentl- :hereto,
c iedera! CS/- to, otne; muhrplE award. Terms a,,C. conCl4run1_
August 2C10 'aye , of 10
CALIFORNIA MJLTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
c, Sta:.=-Teen; o: Vvorl inducing an, sot.,cm atlons
nt;;orpo,atec b.v referenc6 herein
e spec.ai terms and conditions and
f al. omt: attac;'menP: Incorporalec .r the Con:rag' l•r
Ieic'enue
1? PACKING ANC SHIPME14-
G. hU Goods air is be packet r suhaDls ::on;aurers iol
proiectiur, r. s rip a,n a,it, stcragt o•u: v, acco: iarict vvir.
ap')I coole spe_lk;oltnnE Fact. Unla' e1 O! E: muttiDIE
c::nra ne, sripmew sr,a, D!� •dentinec to
show the numt e Or hit Lonta•ner and the tota' number
o CU^fo.nc r r, lnt 5Oiipriie•li. and
ms -•umne o• !tit compine, ir. w"Jcr file [%a Klrrt' S ter
,,... coal C'1CIUEeU
Al sl,irr.•,ents b% Lo^tranta or :is suo:.o^:•actoib nius;
ric'ude packing sheets identity nq the State's urn act
n;nlGer ilew nu"tber, quantity and uni: of measure Dart
nurnoei all: ces,;nctwr c' tie Gooae snipped and
aporOpr.a:e ewouor+ o' inspecbpr, tr required Goods to•
cit-a,e^,t Con: acts s^all be I.sled on separate pacKino
stieels
c; Sl,iomer.s must be made as specified it tnrs Contract, as it
may be amended, o' otherwise alreclec in writing b) !1E
State's T•a^sponat.or Mariage-rim Unit within the
Deoart-nent of General Services. Procurement Division,
13 TRANSPORTATION COSTS AND OTHER FEES OR
EXPENSES- No chant for delivery, drayage express, parcel
post packing, cartage. insu-ance, license fees permits• cos' of
bonds. Or foe any other purpose will be paid by the State .:nless
exoressly inc'uded ano itemized ir: the Contract
a) Co;.trac'.or nusl st,rctly follow Contract requirements
regarding Free on Board O B j, `reighl terms and routing
•nstr.tcbons. The Siam- may permit use of an alternate
:;a -her Ft nc additional cost to the State with advance written
authcrizat'mn of the Buye'
b! I' 'prepay and add- is Selected supporting ireighl oills are
req...•Od v+hen over 550 unless an exact freight cnarge is
approved by the Tracsportahon Management Unit within'ne
Depaitmen! of General Se -vices Procuremew Division anC a
wave is granted
Cm "7 C B Shipping Fond" tranbacri ms should any
s`.Ipments u^der the Cc-itr_ c: De received uy t.,e Stair • I^ a
damagec cond,tinn cnc acy related !reighl loss Goa damage
a rr 'alert aaams: the ::a^le or car erE Lie wholly if
partially decll led : 'ne carter o ca--wrs will, the inference
Inal danlagl- wdr Inc fej�ul: of tr:e act D' !ne shipper such as
inadeO_ a't- pacr.;x; rig 0• loaoin;, or some inherent detect in
t•ie eq,i;pare-1 tatting; inalena. Cortracro-. or reauest o1 the
State sna;at CO't"8C:0''S owr expense assist 1'1e State tl
es'abh,ninc -*a ri=i liabiloy b; SCODlyinc evidVnce tha: 'he
ecjuipmen' andiul material was property constr.,cted
rnar,ti'aCiu'ec pacKaQE:C and secured lc wtthstanc r�r-nal
''a-iroo':shor conditid•ts
14 'iIML !S OF 1HE =S ENC:E I'Ic I`, of fur :sSe __ tus
Gan' ,ct
15 DC_IVERY Cen!rac'o• s`'al str•ctly adhere lc Vic delivery and
compe`ur scnPdut:'E specifiec In tnie Contract Time if stated as
rumbe• of clays shai' mea^ ca!enoar cavE unless otherwise
speci'ied Tlie oii2rinties SpeCrfled hereln art ")t onh• guanttbea
rear reu I' C Dntrac,o' Cetiv P.rc in excess Of ine quantniet.
sgccfiec heteu' tht Stalk shall rot ., "egJUeo tc make an
pavme. to, Ine ercesE G000s ano niat ieturr then is
ontra=7 at Contractor s exoenst w utllizE ant other iigiin
avaiiabie If, the Stale a' law or rn acuity
1E SUBST!TUTIONS SuDstitubori of Gooas mat no, o� tenoereo
without advance written consen' of the Buver Co^tractor shale
nog use any specd.cahor. • . lieu of those contalneo ir, the
Conirac' wttnuu written corsen' o' lug Buvei
INSPECTION, ACCEPTANCE AND REJECTION
Contractor aria: it, sUDContractors wii prov-of ant m:iln:ar-1
e quaNy assurance system acceptaot_ tc, tht State covenn.)
ano scrvtces undo: tniE Contract ano wil lender tt
the Stale On1v thDS-. Goods trial nave Deer InsD@ctec ano
tcund to conform to this Coht:act r req:nrcmentc
COnr.ra:tOr will keep records evidencino nspecuons anc
their result, and will make these records ava laDle :c, :`re
Slate during Ccntrac! performance and for IhreE vearr after
final payment. Contractor shall perm.t the State is review
procecures practices :accesses and related documents to
determine the acceptandily of Contractor's quality assurance
system or other business practices elated to performance
of the Contract
b; Ali Goods may be subject to'.nspection and test by the Sixe
or Its authorized representatives
c) Contractor and its subContractors shall provide all
reasonable facilities for the safety and convenience of
inspectors a; no additional cost to the Slate Contractor
shalt furnish to inspector!, all information ano data as may
be reasonably required to perform their inspection
d; All Goods to be delivered hereunder may oe sub tec' t;, tira'
inspection, test and acceptance by the State at destination,
notwithstanding any payme.,tl or inspection af.source.
e.� The State shall give written notice of iejeciron o1 Goods
delivered or services oerformed hereundei wlthir a
reasonable time after receipt of such Goods or performance
of such se -vices. Such neticc of rejection wil state the
respects in w`liCh the Goods do not substantially conform to
tne:r specifications If the State does nc! provide such notice
o' -ejection within th'rty (30) days unless otheviise specfided
:r the Statement of Work, of delivery, sucn Goods and
services will be deemed to have been accepted Acceptance
by tie State will be final and irreversible, except as r. relates
is fatenl defects, !raud, and cross mistakes arrounhric tc
fraud 'Acceptance shali no, be construed 1.0 waive arty
warranty rights that the State might have at taw or Dy
express reservation i) tnis Conl act with respect tc any
non con t;;rlmty
1E SAMPLES:
a) Sarlples of items may be required by the Stale tc•
nspection and specs icabori testirn ano must be furnis ieo
fret o' expense lu the State. The samples furnished must
De identical in all respects tc the products offered andro.
SpeCtbed in ::le Contract
bt Samples ;f not destroyed by tests ma} upon request made
at the time tt e sampie iE formsried be returned at
Co^tractor s expense
19. ZMAS -- WARRANTY: The iollowina warranty 'anguage iE if,
aclVio❑ to Pie warrant: ianguace provided It, tr•c tcderal 0SA
VtultrolE Award Schedule or pine` base Contra-.; used to eslablisn
this CMAS Contract VVnen there is a conflict netwee, Ih�:
lari2Uaac 11it; lolldwinc, waframo• lanauaoE overrideE
August 2U19 PaaE 2 tit 10
CAL.IFDRNIA IOU-TIPLE AVVARD SCNEDUL ES (CMAS-)
GENERAL PROVISIONS • NDWT COMMODITIES
:,rre�s oin-rwlsE sp�crNcC Ni- Ionia' 5(: n. tn,
nnl'acr Ueoir, arie: a-_GeelanCE rlaE occurred
a- C,ontraClor wa-rants trial aouas and setvtces, iurrtshed
hereunde' wil contorr- t( the requrernent; o' this contract
r.nuuding all cescrlauon:, specifications anu crawings maciE
6 ear, hereof) arC sue' GoodE w li be merchantable, fit tot
Iher Inlendeo purposes, Tree from at' defects ir. materials
arc! wr)rRinarship and is tint extent no: manufactured
pursuant tc oetalreG des;gns turnlshed h\ ME: State, ire:
,tot- defect Ir oeslg- T-ie Slate s approval o' deslgr.a or
specificat ohs :ornrsneC ov :;ontrac'Dr shal' no' relieve the
Coniractoi c•r i!E nohgattun,, order th,; wa-ranp•
t,; P,I' wairanues ncnrt:no sDLc,a! warran.iei sr, -dried
ersewnere nereu , snal iwi( ine Stab, ):s successors
assigns dtlrtnme' aperi_lef and , ser5 c' ire joocs of
Senrlc.2s
2;, SAFETY ANG ACCIDEN 1 PREVEN710N• Ir perormtne wore,
under this Contract on Slate prernses Lontractoi s'iall conform
.c any spec flc safety requirements (,ortainee i1 the Contract or
aE requires by law cr regulat on Contractor shall take any
addi;•ona[ precautions as the Stale may reasonably require for
safely and acc,der): preventio . purrnses Any violation of such
rules anc requirements, unless promptly correctea, shall be
grounos to, ternunat or of this Contra-.: in accordance w:tn ;tie
defa.ih Drovision5'ie:eot
2',. INSURANCE. Wne-. :)eno'ming wort on prooerty :r, t,ne care
cus:oay o co-rro: ci 'r,e Slave, Conuacicr seal. mair,tair, all
comInerca genera Iraod:ty nsurance, workers comnensatior
.nsura-r;,L and any othe• insurance the Slate oeems appropriate
under the Contract : critracto• shal furnish an Insurance
cenificate evidencing req.itred irsurance coverage acceptable to
ine State Upor request by the Buyer, the Contractor may be
-egrred :o nave the Sia'.e shown as an 'addltiona; Insured' on
selected po„cies
22 TERMINATION FJn NON-APOROPRIA"ION OF FUNDS
a) If tre te-rr, of tnrs Contract extends r:ito fiscal years
subsequent I:, 'haf ,n whtcn it is afop•oved suc`l contiquatrar
of the Contracl is contingent on 'he aporopfixior• of funds
for such purpose bs- the Leg s'alure !i tunas to ehecl sDcr'
continued ray^ienl are no'. approonatea Contractor agrees
to take bate ary aftecleu Goods turmsned rr.der this
::o-tract le•mirale any sely ces supplied !o the Stale under
Ines Conirac. and rcliev,- 'he State of any further obligation
tharefor
co c-AiE .AG'2_Er 'HAT Ir hr1�,A RAPrf (a1 4&JVE 15
INVOKED ;,CODE SHA'_L BE RE-URN=C TO THE
CCR'TRA: ,OR !I\ SUDSTANIIA! LY THE SAME
_>_)NnF;Or. IN vVwiCl rJ-LfVEREb THE S—ATE
SUGJEC' TC NORVAt WEAR AND TEA[-,' S-/,TE
=UF'.I R .4GF2E Al' :O PAC T.0 CRATING
tANSPuF7a.;IJN T(, :_:IJTRACTI)R'S NEAREST
: ACIL,-1 :,iJr r, : R`_f'JIt3,1RS=tJI:IVT TC THE
OI. '>,pLI:SES INCU^iREC `C)F: T-IEIR
A- SIS`arJ;;E IN SU: ' NAC'�ING AND CRAI INC
23 TERMINATION FOP THE CONVENIENCE DF THE slL.•rF:
y, The State- rne1• If! -ii-wlt perurniano-. Df wort• once, Intl
�_ontrac; for as co,venr_nce IT whole or ';or-. Unit !(, time.
1.1 ,Jar+, r• tht Deoar her; o' General Serviceb Deputy
DtleGtor ['rucutt!rT;en! DIVISIJII. o CIQSIorie L• deleiviineF trial
i,:rmrr:j. kj,, r. IT it-( Sfare'r Injures: Tt,_ D_partmem o'
v'".r'Lf ,,: :\• a.•, 11L ;,11(� Dli t:,i U' r I^C.Il err Cr' i l'V ,'•iJl n
oesrgneE srlal jernlinatE D•. oehvennc It int Lonr;aclo.
Not,ee of Termrralion soecifying the extent o' term naliun
en; the efiecuve, date thereof The parre_ agree that, os to
Inc term naiec portion o` the :.ontraci the Conuae•. shall of
oeenred tc, remair IT, effect until suer time a: iht terminal on
settlement if any 1s conclE.aed ario the Contract shal. not DE
void
b: Afte, recelp; of b NOhCE of lermrnallor, arc excea: at.
direclec Dy trt; State tnt: :,on:rac!c: seall immed,atetl
proceen with file fo!lowinp oblrnatluns as applicacle,
regard'ess 0' any delay IT, delerminmg or adjusting anv
amounls cuEr unaer this clause Tne Contractor shall
Star• work aE specified In the• Nctice o` 1 erminaaor.
Pratt nc" furlrer subLor.L-acts im naterias servlceE
o facPi:les, except as necessary to coinplele the
contin,.eo portion of the Contract
'ierm4;ate all 6u:iC0nlfacts to Ih( cxt9n' trier• 'eiatt tc.
the worK termiratbd
Settle all outstanding liabilities and iermtnatlon
selllemew proposals arising from Inc- termination of
subContracts, the approval or ratiflcalmr, of whist wll!
ue final fo- purposes_ of this cla:.se
24.-ERMINAT]ON FOR DEFAULT.
a; The State may, subfec: tc the Force Mafewe paragraph
contaired nerein, by written notice at default to the
Contractor, terrnmaie tnis Contract in whole or in par, if the
Con'ractor falls to:
Cue[ ver the Goods or tc Dertorn, the servicet within the
time specified in the Contract or an_; amendment
thereto,
rig Make progress, so as tc endanger perforrnance of this
Contracl (but see subparagraph (b) be[owy or
Perform any of the uther provisions of tills Contract (but
see subparagraph (b), below)
I)) Tne State's right to terminate :his Contract unoei
subparagraphs (a)(ii) and (a)(iii) above, ma} be exercised if
the Contractor does no: cure such failure witrin the ti-tre
frame stated ;n the cure notice issued by the Buve-.
cI I' the Slate terminates this Contract in whole of in part, if
may acquire, under the terms and it the manner the Buyer
censrdeis appropriate, Goods or services sirrilar to those
terminated, and the Ccritractor will be (table to the Stat. for
any excess costs fo- those Goods or services Howeve•. the
Contractor shall continue the worK not terminated
W. If the Contract is terminated for default, the Slate ^.ley
require the Contractor to transfer title wiC de"(vet to the
Slate as directeo 0v the Buyei. any
I) Complete.- Goods. and
III, °nphially completed Goods and materials panE, tools.
c es ;nos. fixtures plans, drawings, informatinri and
Contract riolits (ccllectively referred to ar
marl.)fa�'W'nC materials" in tr1:5 clause, that the
Contractor nas specificagv produces o' acquired for the
lerminatea p rtron of this CDnlraa! Upon di•echon o'
tie Buyer. the Contractor shall also protec' anc
p•eserve proceny n Its 'iosseSSlon in wY,.,C� the Stave
has an Interest
e, Jr,-_ State shall pay Contract price tot completea Gc:)os
delivered and accepted -he Coniraclor and Buyer shall
agree on the amount of payment for nram.factu-ing
rilatenai5 delivered and accepted for Inc protection and
preservation of the p-openv Fanrire I(. agree wd' lir a
d:spiil�- uncle, the Disooles clause Tne State mar w inricra
1,or' l:,c sr- amounit Ant Sunr. 1I1S- R.jyv; (`. t'mrre6 I: t':
h,ug.ist 201C Pale 2 c)i 10
CALIFORNIA MULTiP�_E AWARD SI�HEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
I e_ ssa:l is �)rcteclnE S;a!: acar'rs; I(,,-!ueCa.ac o'
outstanding lie" or ciamE of torr"e leer. nomefe
I' a`.e terr-inal on is is oe'.erminec :ha: the was
no, it :Ielaull, !na. t1c geia U!l WEI!. eXCUSME. IrIE nLNIL,^
and ocUgatl❑^t c' 'ne oarlie: steal be Me SanL D. I' 'ne
IPrmlGat Uf r:)d Dot':' ISSue:; ;o' ire convenienCE of the
Sta:I-
-nc r?rt: wK. c r'en t o Int S:att a 1' IC cra..sc- art i
jadilror a a',� r,r e b c irrr ogres 7r000ec' cry WV of
tilde-**)-' :,omr. _-.
2 F-ORCE rV. ,JErJHE
Ey,.e[„ 'or ;Ietau :' o' s nC. nuac!u't a an tie' the ''„ontracio
snal• ^cc. UF. cable to. ulii eyces: Cc`SIs It Ins idrluie 1�, fierom. III_
:;onl"?ci 6-Isas '-on-) CcirlSe�. ::evon: the contro' arrC vvithout tnr-
toul, c: rit(ILgence or ihL c tractor Fxi ribits o' suer, causes
incluct, but are ,or .:rr.iled to
a' 4c's of God or o` the ;Lrohc enemy and
b: AC:s O' file federal o• state government ;r either Its
soverelcr: o' Contactual Capacity
If 1'ic fai!,ire to Ferlorn: is cause' by the default c` a
subCont7actor at any tie:, and I' the cause of the default is
beyord the contro of bolt :ne C:,ntiacto' and subCo^tractor. anc
wrhout the Caul; o: negl•gence of either, Vie Contractor snal -ol
be Iraole for ary excess costs ter t;irure to perform
2b RIGHTS AND REMEDIES OF STATE FOR DEFAULT:
ai In :ne evert any Gcods furnished o, services provide' by
the Z'01!1racto: IF tie pe!funr.arice o' the Contra': shoulc fail
to confgrr^ to tnF reCui:events nefein, or to ''le samplc
suo-nittec ty the ^un'ractor, the Slate may re;ect the same.
anc ii.:;hall beccrrlu:hc duty cf the Contra :tor to reclaim and
•encar i trle Re— Dromatn o::c correct the performance of
se'v'ces, y+litho.:: _,xLcnsc, t•u the Stale. and immediately
e^lac all sucr e.jec,ec items yvtt, o:r•ers :ontur-ning tic the
.. orfrac:
L. I;• adcit or, :c ary clhe: ,,ign!E and reined e! the State -na;
nave tip• State ria� reicunt Cc -tractor a' Contractors
eXpenst tr, snip Guccs v a a, 'rergni or er:>edreo rout•og to
avoid w minnTilze :•c:Ua or -.)otefrtia delay ;; We neiay is the
huii cf the Cor•ractor
cl I^ the event cf the termination of the Ccnfract either in
wnole or •1 can ov reasor of deiaull ^r hrtach by !ne
Contactor, any lass or damage susta.ned by the State it
prod:)- ny any nem� "'n;& the Contracior ag'eed to supply
shall be dorm and -aid to, _ly InE, Conirac:cr
d he Stale reserves the nght to ot`.set t-ic reasonaCc cost of
all damages caused to the Stale agains! any outstanding
(voices or aminunis Dkvec to Contractor o; tic make a claim
acainL'. lire C'w*acicr tier=fore
2. CONTRACTOR'S LIABILITY FOR INJJRY TO PERSONS OR
DAMAGE TO PROPERTY
a:• The ('0r1lr3clU1 s'Ial tie haf^lc fc: damages arising out of
'rdury is the ^.e'scn andlcr damagL to trIE piopeny of the
tatF, emoloveeE o' the State persons des gnated oy 7,e
:!ale 'o' training, c' an, miner perscn{s; otnei than ager:s
o• employees o! the ontraclo: designate' by the Stare lot
Orly' pUr,)ose, prior is ciu-.rg n• subsequent ,c delivery,
;nsmilni1.o' accealccce writ use of the Goads. ei:he: at We
�: J'Ua LIO: S S;lt g' ;2i the Slgle•E QIaCe g het sines
p:^v.deG Ina'. :hF ir!u,y g- r'a-nags w,r� Lc;u590 by:ric 'aCtr
cr el:opnce o' t•1t Con:rti:ac
nI .di;116(.10' S'�oi' 'Io Je 'ia':)It IC,daniagpf. ar ;linc out 0' or
�a JSici bk zit �IIP.: nIiL' Di. alta-'mien tot rlaoe of
in,_;a'lec ur mt �Dntractc' o' to camagt is aite:atici : u•
ahaonmenl- inal: may icsul irorr the norma' ope:abo• ant'.
malnrisnance of Inc Good,. orov oeci lit Inc ;,ontracto: ourrnc
this 2ortirac..
2b INDEMNIFICATION Goniracto, anreslL tc inoemnify oeienc a-)v
,avF narmrPsa tine S:ate its officer-, agents ano employee!, ',on,
am' and all claims and iossee accrurig o• resultinn lc smr anc all
r;ontrac:grt suL)Conrrdciore., suppbers taoorer• anc ant otire
pe;sor., 4irrr, or :;o'peratior, furnishing a., supplv;nc wo•i .
services materialE cr suppnet ir, connectior w'tr. the
Derform,anct o' ViiE Contract. and from any ano al ciaim: anc
iesseE accrunr_ o; resulting tc am verso-. firm o; corocratior
w.hicr niay tit injured or damaged ov Conirac[oi ii 1 ;
penormance o; inie Contrac:
2b INVOICES Lfn!ess otherwise s�,ecfled, invoices spall be sent 1c
the address se: iorih herein Invoices shall be submitted rn
triplicate and shall include the Contract number, 'elease oroe'
number ((f applicable); Item number, unit price extended tterr.
price ano invoice total amount State sales tax and/or use tax
shall be itemized separately and added to each nvoice as
applicable
30 REQUIRED PAYMENT DATE: Payment wig be mace in
accordance with the provisions of the California Prompt Payment
Act, Governmen: Cede Sechor 927 et seq Unless expressly
exempted by statute, the Act requires staie agencies to pay
properly suomitted, undisputed Invoices riot more than A Jays
after (i: the date or acceptance of Goods or performance of
se-v ces, o' (i:/ fecerp: of an undisputed rnvotct. wnlcnever Is
!ate!
21 TAXES: unless otne:wise rcquired by law. Ins, Stale of CalJornia
s exe^ipi from Federal excise taxes. l he State will only pay lo-
an}' State o.' local sales or use taxes on t` a services renderec o'
Goods supo ied is the State oursuan, to this Contract
32. NEWLY MANUFACTURED GOOD: AI! G000s furnished under
ints Contract shall be newly manufactured Goods, used or
re: Dndi'ioned Goods are prohiblted, unless otherwise specified
33. CONTRACT MODIFICATION. Ne amendment or vor,aticn of the
terms of this Contract shall be valid unless made rr, writ ng,
sioned by the parties and approved as requ�red No oral
understandcng or agreernen' not incorporated r Ire Contact is
bindird on any of the parties
34. CONFIDENTIALI•iY OF DATA: All financial, statistrca, persona!
iec`Inicaf and other data end information relating tc the 5:81e$
operation w•iich are designatod confidential by the State and
made available to the Contractor in order tc carry out this
Contract or which become available to the Contractor in carrying
out tnis Contract shall be p•otected by the Contractor from
unauthor;zed :,se ano chscloscre tnrou li the; observance o' Ine
same or more eftectwe procedural requirements as art,
applicable to the State The •dentificat,on of all s.ich cnrfider: ai
data a-d i.-ion-nation as well as the Stale'$ procedural
mguirerne'ils for mo!ectior, of such data ano inforrnatiun Iron
t.nau'hurrred use anc ciiscrosur;.• shall be provided by ME. State In
wntiny to the Comrac'.or I! !ne r•ielhuds and ofcceuureE
cmpioyed ny the Co'ltractor to, :ire orotectior. o' MEF Corirat:iu''s
date an,: informal o"i are deemed by the :state tic be edequalt lur
the crosuction o; the StatC' coni:oenha' ,niprm8hgr SI:C:
methnd�, anc proCedufe! mar use' w.t:' toe v.rrner cons�ln
LuCIUS' ti,iL
Pa GE 4 of 10
C.,LIFOrRNIA MULTPLE AWARD SCHEDULES (C"MAS)
GENERAL PROVIS10NS - NON-iT COMMODMES
o' tn: �tatc is carr, o� the Inter- c' inif pafatiraor Tr,;
e Tne Cpr.uacto snal navy r,c i.aDd,;, it trt Stab unoe• am
C071ravo, snap rot Oe require[ unoe: ine provisions o; Inn,
provision of tnis cause witr, respect lL any clam o' patent
paragrap•. tL keer, cocf,oentia: ar.\ data o' information whicr. rE of
ccpvnnhl o• trade secret inirinoemen! wh Lh i,, oased upon
oecomet, pubV:w aveuaorE is already rip'ntiohy u, lrr Contractors
I; Tile comcinatioc or utilization of Goods Vnisheu
pcssessinr, is ;ndependerlq, devarooeic Dy the r.cniractor outside
nereunder with equ:pmenl or oevices no. mane u,
the sc0,76 0' this `�orr'aci e- it rrCnlf UCy' owainec 110M tnirc
iumishod Dy the Contractor or,
parties
.ir The operativ of equipment furnisnec ry the Cortractoi
under tut contro; o' anv operatinc software otire: than
3E. NEWS RELEASES Jn es.s pUiervr.sa-xen)ptec rew! rereaset
o' in addition lo. trie curien! version o
oertarninr to lnis Conu2ci sna' :rot of mad6 wand--i pnc wetie•,
ContraCtor-supplreo operating software or
apo•ovar �f the Depanmen- of Ger,efn' Servlce.
The modif-cation by the State ol tnt equiurrien•
tu'nlshec' neremnder or of the software, or
3E. PATrNT COPvRIGH' AN:. TRADE SECRET INDEPINI—Y
The combir,aoo-i or .1tiDzatror• or SOhware tinne;l,eo
Ccruac;:> snal %oic the State of Ca6forn,2!, its ohsc.P.fs
nereuncio wilt r,on-Confiactui supplied soflwart
aster:� and err.o;oyees. ra-mless ',orr I-abl.ay o! am, ❑ature
1 C—onractor ce'tif es trial h ha,, appronriatt ,,vsterri, and
or kinJ a c'.rd:n cos:% arc expenses for ntrin;iem_n sr
con!roh lr placE it ensure that state funde wil, nc. ue used
use of am c . -copyr gnted composition nezrel
in the performance of this Contract for the acqurshdn,
process aster teri ii unpaten:ed rover:iorr, ar!ic:e or
operatror or maintenance d1 cOmputer software in violahon
appliarce f,,rn.s'ied :,' ,:sea r, c.cnnecbor, wlir lu(- ;,pntraci
of copyright !aws
5; CL-.tractcr may t,e reowre(l. to furnisr. n DonC to the Stale
g) The foregoing stales the enore Lability of the Cortrac'.cr to
aga•is! .j-) anc al lost oarnag(-. costs+ expenses, clams
the Stare yr tt, respect tt intringemerl of Daients, copyngnts
and haudrty ter Latent. LDpy(gh: and trade secret
or trade se; rels
infrirgsmen:
c Contractor, at ::s own expense, shall defend any action
37. EXAMINATION ANC AUDIT Contractor agrees :hat the State.
[rough; against he State to ttie extent that such action is
or Its designated representative shall have the right to review and
based upon a claim that the Goods or software supplied by
copy any records and supporting documentation pertaining io
the Contiacto• o• the operation of suct, Goods pursuant to a
performance of this Contract Contractor agrees to mairtain such
current version of Contractor supplied operating software
records Jot possible audit for a m,nimum of three (3, years after
intrtrdes a Linited States paten! or copyrrgnl or violates a
fine! payment, unless a longer period or records retention is
trade secret The Contractor shall pay those costs and
stipulated Contractor agrees to allow the auditorrs) access to
damages f nally awarded against t`ie State in any soon
such records durinn normal business fours anc to allo,v
action Such defense anc payment shall be conditioned or
interviews of any employees or others who might reasonably
t`ie to'lowing
have information related to such records Further, Gontraclo-
i) I hat :he Contractor shall ue notified w?h,n a
agrees to include, a similar nghi of the State to audit records and
eascr,ablt :ime in writing by the State of any notice of
interview staff in any subContract related to performance. of. ;his
such c;arm an-.
Contract
ii, Thai J`,e Contractor sl'ai have !tit sole control of the
defense of air acltur, on sucn claim and all
38. DISPUTE5:
-regorialions for ns settlement or compromise,
a) The parties shall deal in gooc faith and atteinp; to resolve
p-uvided h.-)wever !hat when pr,nciples of governr enl
potential disputes informal'y If the dispute oersisls,
c- public law are involved. the State shall have the
Contractor shall submit to the Department Director or
option to part apace ,n sucn action at its own expense
designee z writlen demand for a fine! decision rogarding the
d) S`;culc the C;oces ut software, or :hp operat on thereof
disnosi;ton of any dispri!e between the parties arisrno under,
he.come, o in tnE• ;,ant,actor's ourn;un are like!v to becorre
related to or involving this Contract, unless the State on as
t ie s. ^CI Liar^, of in`r.ngerrent o1 a United States
own-mtiative, has already rendered such a firm' dectsioo
oa•ent or coovr p,r Lr a :race sec -el the State shall pern-il
Contractors written demand shar' be fully s::prune ! n)
: ie Ci ntracto ai its option ;wcl expense either to procure to,
'actual information. and it such demand ,ivolves a cost
t'l E• Sletc the •ig•.: Ic co-1 nue using tr.E- Goods o- sc`tware
adjustment IL the Contract, Contractor shall :ncl,,dt witt. the
or in. reo!ace :,• moddv Ine sane so lt,at t1ey becornN
demand 2 w'dten statement signed Dy ar, authorized person
i3Or-Infr nq:n • none O` t;'e.SE' opl'UnS ca" reasonably be
'ndlOSting tha the demand is made m good faltr,. !rat the
tdKc ,n, c,, i! !•,, USF of sucn {good; L software hy the Stare
supoo i r,rj da!a are accurate anL complete and that ine
Shal' :,r arevtioler by injunction the Contractor agrees is
annOLtl; req-.ested accurately reflects the Contracl
taKe bdcl sucl Goods 01 sofware and mace every
adjustment for which Contractor be;ieves the State rs cable
'easo-,able eten ;u assis lht S,,atr- in Orocwinc suostilute
If VIE Contractor is not sahsfier will the decision of the
C,00ds or so`�Nare i` it, the sole up!:iro,, of the :;tale the
Department Drectoi or designee, the Contractor m2y appeal
recur• o' sucn nfringi ip Gouds or software makes the
Inc decision to the Department of General Services, Deputy
relentirin c' after Goods 0, sd`twar : aLUuired horn the
Director. Proc iremenl Division. In the event that this
Contractor ,:ride- i-.is Contract .mpractizal, the State shall
Contrac! is for information technology Goods audio'
then have the ophen a' term•natine such Contracts. or
services, the decision may be appealed to an Executive
aopl,cablF portions t iereo! witnoul pe ialir or termrnat,on
Committee of State anc Contracto- personnel
charge i ne Contractor agrees IC ;aKE tack such Goods or
b) r'erding the fina' resoiutior of any cispute 2rising unoe,
software and re•und an) sums the State has na d Contractor
relaitc :e or invdlvine this Contract Contractor agrees 1c1
!rss am -easoraole amoun' lo, use o- damc:ge
,f+ioent;) proceed witt ti;e performance of viis Contract
:nziudrg thF de!iven o' Goods O providinc. of services it,
accardancE iviti, hie State s !-,st•uc:ionF Cortrac:o F ra:turf
Aucust 2010 Page, S ci1 10
CALFORNIA MULTIPLE fiV1fARD SCHEDULES (CMAS)
GENERAL PROVISIONS NON -IT COMMODITIES
r acco'oanz� wiv. InE S:6rE S
s,,D be cDr.S"Iefed nni)W a! Drtart' Of 01S
rJ• U'tl' ace
Am. lira oecisioic tit S:a;e S"@-: tit expruesl) iDenui,ec
as sou sr,al ce wrltiag, and sr.al. oe s gnec by the
Depa'tmeni Directo' o• oesignee or Deputy Director
Precuremeni Divs;oi I! an aopeai was made !: tnc State
`arts is rence, a frca' oecisior, wnhn 90 days after receipt of
Lcnirac:o,'s ucniard r sl,al, he deemed a f rah ciecisiur,
adverse tc Con:rucvi,'s contentions Tile State's final
de,-ision shai; 1A cune!uswe anc binding regarding the
clspute unless Contracto; commences at acuor. r❑ a Cour;
of corr,peter: lunscicnon tc contest Sucre decisiui witn:r. QC
:lays following lite datE o' the fina• oecisior. or one 0 yea'
followinc tn= 0:, fua. o` InE Caube o' action., wn,,cneve: is
lale'
39. STOP WORK
a; The Stale may at any t me, by written Slop Wor4 Order o
the Contracto• -equirc the Contractor tc: stop all, or any part
o` tr.e wow cal ed o, by t`'Is Contract for a aerroo up to 90
cays after the Stop v1.'ork Order is delivered to the
Contractor, and for any further period lc which the parl:es
may agree rtie StoD VvorK Order shai be specifically
;dent.fiec as suer• anc s``all i-,cicate it is Issued unoe, this
clause .;pon •ece p' or the Stop Work Order, the
CD.,Wactoi shal' .rinmediately comply W'i its terms anc take
at (va.cnab* <'eps to minimize the mcv•r,:nct o' costs
al,ccablt tc ')it, .vrri. ;.overcc by the Stop Work, Order during
the period cf wore. stopoa9e Withi^. a oenod of 9C days
one• a S'c:: Worn "ace( i`, dHhvereo is the Contractor or
withir any exlensioi. Ur'ha: period .:, w-Ich'hf- parties s:;al
rave agreed the State shai either
0 Cancel the Sto: Work Order o-
r) ferm.na:e thE'Ncrr, covered by ',he Stop VVOrk 0,dei as
providoc for n inis termination V default or the
terminat'on for conven ence clause of this Contract
of V a Gtop Worl; 0-der Issued urder tnis clause is canceled of
the period of the Stop Work Order or any extenslor thereof
expbes t Cnntfa!o, shall resume work. The State shall
make an equr,able acljsI'nent In the delivery schedule, the
Contract price, ur ooth, and t',e Contract shall bE -nodrfred
m writing, acccrcinuly if
- he Stop V%'orl. Oroe• resuLs in ai nc'rease in the tin e
required for ci , we Contractor's cost pro;,erly
allocable to wt performance of arty part of this
Contract and
-ne Contracto; assert.• its right io an equitable
ac ustrnen: wi'l.in 30 nays atter the eno of the period of
wort' stoppage piovidec.. ll-at r the Stale decides the
fact: lustih tl.c-- action, the Stale may receive ano act
upDr 2 prooesal suarnitied at any t me. before frna,
paymen: under th:s. Contract
if i Stop Work O-cer is -cl car.celec and :he work r.overed
rk the S'Dp VVirl Oroe' 'S tem-urhatec it ac.CCrdanct will) tire
provision erowtiJ leimi ;a:ion 'or the Cor.ven enee of ine
S:ate lnt, S'a1( st•al al ovy reasonaole costs rest.•linc t(ot):
the Srcc vvon. C,-oe- c, w,iv ng a! the terminalID"
Ectt omu�:
?rs St;itL Sh_I 'lot hE. iable IL the 3-,IraCID' for .ess Of
tr�oii -)rje :,,suec Unc,sr :,:s
aG PRIORITY }TIRING CONSIDERATIONS. I tnis Contras inciivaes
serv.ces ri excess o4 5200,000 the Contractor snal give pnorilk
considerat,or it fillinc vacancies in positrons lundea oy the
C.on;;act to qualifed recipients of aic under Welfare anc
Insi,tutions Code Sectror 11200 't, accordance wltn PCC Sec:ion
1035'_
41 COVENANT AGAINST GRATUITIES- Tint Contractor warrants
tna' Inc craluiues (ir tnc fora: of amenainmen-, grh: o' oinerwise,
were offered or given by the Contractor, or grit agent or
reprosertatrve o' the Contractor to am office- or emplcver of tnt
StatE with a vievi toward seeurinc the (_;untrac'. o, secunnu
favorable treatment will: respec, to any ceterminaticns
concerning the pertormance or the Contract Fo• breacrr of
v.olation of th:s warranly the Stare shall nave the right tr,
ierr^Inate the Contract, either in whole or In par, and any loss ct
damage sustained oy the State In procurino on the oper, market
any items which Contractor agreed to supply small oe borne and
paid for by the Contractor The rights and remedies of the State
provided in this clause shall not be exclusive and are In addition
to any other rights and remedies provided by law or in equity.
42. NONDISCRIMINATION CLAUSE:
a) During the performance of this Contract, Contractor and Its
subContrac:ors shall not unlawful•y discriminate, harass or
allow harassment, against any employee or applicarl for
employmen; because of sex sex'uai orientation, race, color
ancestry, religious creed, national origir. disability (ir.cluehng
HIV and AIDS%. medhca. condition (cancer) age, narita!
status, and oenial of family care leave. Contracto• and
subContrac-tors shai! insure that the eva!ua:,on and
treatment of their employees anc applicants for employmen'
are free horn such discrm.ination and harassment
Contra.clor and subContractors shall comply with the
provisions of the Fair Employment and Housing Ain.:
(Government Code, Section 12990 of seq ) and ,I,e
applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285.0 et seq.). The
applicable reeu,ations of the Fair Employment and Housing
Commission implementing Government Code Section
12990 (a-f), set forth In Chapter 5 of Division 4 of Title 2 of
the Calirornia Code o' Regulations are incoiporated into Ih.s
Contract by reference and made a part hereof as If set forts
ire fu'.' Contracto' and its subContrac:ors shall give written
notice of their obligations under this cause to labor
organizat ons with which they have a collective ba'9awmy or
other apreement
D- The Contractor shall Include the nondiscmmmatiori and
compliance provisions of tits clause in all sibCortracts :c
perform wart; under the Contract
42_ NATIONAL LABOR RELATIONS HOARD CERTIFICATION
Contractor swears under penally of pequry that no more than one
f na!, unappealable find inc of contemDl of court try b federal coup
has rest) issued against the Contractor within the immedialel'
precedirg twc-year period because of the Contractor s failure to
comply wit t ar orde, of :he- National Labor Relations hoard This
yOVision 1., reutired by, ante shall be construeC Ir accordance
will. PCCSection 'i0?E)E
zaug'us' 201 b Page 6 of 10
CALIFORNIA MULTIPLE AVtfARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
44 ASS-GNMEN' DF ANTITRUST AC —IONS Fursuan' tr,
Goverrmem Code Sections 4552 4552 anc 4554. ine follow,nc
:)fovisions are incorawaie6 `lere:n
a In submittir,c an ohe. U Ine State the suppne offer ano
agrees that the Cher :E accepteo r. wlh assigr, tc. the State
all lights t t:e, ant interest In a^c to all causess of actor c
r-;av nave under Sectior, 4 or'ne Cray:or. Act (15 U S.0 151
cr Jnuer -he Ganwnch' Acl fC iaptei 2 :ommencino wilt.
Secttor 1070". of Par. oDiv s,or, . or ine business anc
P-o•ess,ons -ooe) ai.bing trorr. puronases of G000.
materia o' ,e,v.ces b�- the supplier for sale. io the Siate
nurs.:ant ic, t-e soliclial,on Sucr assignmen! s')all be maua
anG teComE effeC'ivt- a. Inc- i,nif- thf: State tenders i•rra'
pav1'en: !C the SJPDIie'
h, i the Stalc se:;eives ^ant ;' ru yi. ,uoy,ienti cr settierren•.
rnotietary rpcovery for a cause D: acher assignee tniael
this Chaote-, the ass�gno' shall be entitled to rbcervC
Himaursemerl for actual legal ccsts Incurred and may.
ucon demanc, recover iron. the Stare ary portion of the
recovery includrrd t•ebie damages, attributable to
ove-charges that were paid by the assignor but were no!
paid by the State as par. of the offer price less the
expenses incurred in obtaining that portion of the recovery
c; Upon oemand it writing by the assigno-. the assignee snag,
�r:t^ir one year from sc%r oemana, reassign the cause of
action assignee under *.his part if the assignor nas been or
may have been injured oy ihs violatior. of taw for which the
cause of action arose and
the essiznee ups not been injured thereby or
it, the assignee declines to fi,e a courl action for the
cause of action
45 DRUG -FREE WORKPLACE CERTIFICATION. The Contraztor
certif,es under penalty ci perjury udder the laws .of the State of
Califcrnia tha: *he Contractor will comply with the requirements of
the Dr',;g-Free Werkolace Ac' of 1990 (Government Code Section
835C 2t sea., and wT prov,oe a drug -free workplace py taking the
tollowing actions
a) Pubhsr a statement nc',ifying employees trial unlawful
manufacture distiibutic•i, dispersation possessior, a' use
of a cnnIro;.ec sJostance :s prchibited and specifying
a�f•ons :o L•o ta'ccr ac;airst cmoloveec to violations as
reouired by Governr•en Cooe Se:tior E255;aj
b, Fstaoiish a 6•ug-F r,_e Awareness, P-ograrr as recu:red by
Governmert ,node Sectior 835`--(5; ie infor-n employees
about all o' the tohuwi'ig
ME: dargers of dfLO abus4 it 'nc wwkG ice,
:he person's c- organizatiu^ s j.ol of mairtain rig a
drug -free workplace.
iii; any available ::o:; isehng. rehabilitation and employee
assisiance. programs and,
of nenElties that niny be imposer upon emplovees 'or
a'Jg abuse violatiorls
c) crovide ac iegwred by Government Code Ssction 8355fc)
trat evert• LITIPIoyet w•hc worf;t or trip Drcpcsed o resulting
Ccntract
w11 receive copy of the- company's drug -free police
statement and
iq will agree 'c aoide Dy the terms of ine company's
statemen' as o candi!ion of emnluyment on the
Cor!rac'.
46 FOUR-DIGI' DATE COMPLIANCE ',oruacto: via -rants tr.a
w I provide orrry Four-Dige Dale Comphan' tar defined oeloA,,
DPliverabies and/or services M the State '=our Dtgii Dau:
Comp rant Deliverab:es and serv,ces car accurate,. process
calcuiattr compare. and sequence date data, including witnout
hmitat or: date data ansmy ou' of o; relating IC tear year ano
changes in centuries. This warranty and iepresentatioi• is subiecl
tc, the warranty terms ano conditions of this. Contra:' ant does
rto' lim•' ine genera'in• of wcrrant,. ODlipations se forti eisEWnere
hbre%
47 SWEATFREE CODE OF CONDUCT
a, Contractor declares under penalty w penury tna' m. appaie.
ga-ments or correspon;linp accessories. equipmen!
male.ria•s or supplies furnishes tC-'r1E State Jursuan' tL file
Contract have beer produced rn whole or in part by
sweatshop labor, forced labor, ccnvic! labor, indenlurec
labor unaer pens, sanction abusive iornis of child labor or
exploitation of Children in sweatshop labor, o' with the
benefit of sweatshop labor, forced labor, convict labor,
indentwed labor under penal sanc'lon. abusive forms of
child labor or exploitation of children In sweatshop labcr.
Contractor further aeclares under penalty of perjuy that they
adhere to the Sweatfree Code of Conduct es set forth on the
California Department of Industrial Relations webslle located
at www.dir ca ciov and Public Contract Code Section 6108
b) Contractor agrees to cooperate fully in providing reasonab':e
access to Its records, documents agents or employees, or
promises If reasonably required by authoraed officra:s of'he
State, the Depar menl of Industrial Relations. or the
Department of ,justice to determine ContrEICI S compliarce
with the requirements under paragraph (a)
48. RECYCLING- The Contractor shall certify in writ ng under
perialty of perjury, the minimum. If not exact. oercentage of post
const.-ner material as ❑eftned in the Public Contract Code
Section 12200, it products, materials. Goods. or supplies offered
or sold to the Stale regardless of whether the product meets the
requirements of Section 12209. With respect to prirter or
duplication cartridges that comply with the requirements o'
Section 12156(e), the certlficatior required by this subdivision
shall specify that the cartridges so comply (PCC 12205)
49 CHILD SUPPORT COMPLIANCE ACT For any --or.tract ir
excess o` $100 COC, the Ccntractor acnnowledges in accordance
wr•i —, CC Section 71'0. that:
a) Tie Contractcr recognizes the imponance of child and
family support obligabons ancf steal: filly comply wr(r at
applicable state and federal laws relating is chilJ and family
support enforcement, Including, but not limited to, dISCIUSLre
of 'riformation and compliance with earnings assignment
orders, as provided ir. Chapter 8 (commencing will, Section
5200) of Fan 5 of Division 9 of the Family Code and
b) The Contractor to the best of Its knowledgc is luly
curnplying with t'ie earnings assignment order: 0, all
employees and is providing tnE names of all new employees
;o the New Hire Rea eery maintained by the �alitom a
mploymen: Development Department
50. AMERICANS WITH DISABILITIES ACT. contractor assure! Ire
Stale that Contractor cornp:ies with the Americans with
Dlsaeil•ttes AG! or 1990 �42 J S C 112101 e! segl
August 2C1, root 7 o: 10
CALIFORNIA MULTIPLE AWARD SCHEDULES (CM,l
GENERAL PROVISIONS . NON -IT COMMODITIES
5: EL=CTRC,NiC WAS I: RECYC_ING AC, OF 200-. Tnc
:- ontfa:lot cer.ifres tna: is compiles wrir the requirements o! tn_
=_.ecrromE Waste Recycling Act of 20US. Craolei E.5 Par, Z of
Divislon 3D comr^enc,nc vvai) Section 424bD of 1nE > uol,c
Resource:. Cone, reiaunC to nazardous ano soliC waste
Contractor shal, niaintain boGufneniaticn ano provide reasonable
access to its lecarO and documents that evrdcnec compliance
152 S(= A:: CO_ ECTION In accorozricr will' PLC Seciicr.
10205. Loniraclo, cenitie: that it corriphus will, •?!e
rF<ulrenten'.5 0`, Sect to- '-0 a' !tie R'venu� and Taxafion Coact
Cunr'acrnr .`urthef ce't `.es ttia' ' wi.. mmeuia!ek advise State u1
any change ir. Its fetaner L selie, E. perm] o cerll`icauo❑ o:
regrstcaltOr n; applicaore afhr,ale'E Salle.• r permir or c=rific3te O'
rcgI"'Ftior as descrwe r, suDCIvis'C,' ia' of PCC Sectlu^
53 %XOATRIATE CORPORA -IONS �,crtraclor tiereby deciares
th t I: :s 'lot an ex^aitidte corpu'atior or subsidiary cf ar
exoalr;xe corpn'atrt)r wl^.1n 'hE- moan.n- o� PCC Sention 1C236
and 1C78C 1 anc 1: e'Jib,e 1�,';01!ract will the Slate.
S4 DOMESTIC PARTNERS i (if Contrac!s over S10C',000 execu'.ec
o' a"ierd-Ao alter January 1 20C, the Conlrazic, ceni`.res'hat
L.,, Von:ractx is ir: comabance witr P.1OhL ConvaL' Code seCtior
10295.3
55 SMALL BJSINES5 PARTICIPA71ON AND DV3E
PARTICIPATION REPORTING REQUIREMENTS
a) 11 for t`1rs Contract Contractor made a commitment to
acnieve small bcs'ness pa-ticiDalior., then Contractor must
within 60 days of ieceivrcg final paymer! under this Contract
(or within such other t'me period as may be specified
elsewhere it t".is Contract) report to the awarding
deoartmerl the actual percentage of smat business
oarticipatton trial was achieved (Govi Code b 14841.)
b; if for this Contract Ccntra ;tor made a commitment to
achieve disabled vete:ar business enterprise (DVBE)
part.cipation, then Contractor must within 60 oays of
-ecelVing ir,al payment uncle' tn.s Contract for within such
other Ime perdu as nay oe specified elsewhere in this
contract• certr`y in a reoo.'t to 111B awarding Jepartment (1;
'he lo!al amo.in, the name 7: niractor received undo- the
Contract.
,2) the rams and azimess of the [lvB=;5j trial Darticioated
rr :re t erfo m3n_E of the Contror• (:',) the amount eacr,
DV3E -eceivec ` cm the :mine Lunlractor !4) that all
;;wjrvect; under th4 Ccn!ract havE beer rr3de (o thr. OVRE
:,; t"P aCWal r,erCenlage o L:vBS oa ::ipahon Ilia: was
;]c're Vec ! p wry„ or enwN :hat !a:se
dorm, -bon S'tia f DE s b t;cl tC a civl penally lot eac
right oil Iry i. ,, vets Lede h9=1 5(J) 30vt .Oae
f. 14�L1 i
b _OSS _FADER II a i'av<1ul 'or any person engd_ies' ui
tlusiress witn•n fin E staff. ; se i or usE ar'N article w product aS a
"1:) 9 ieaDer aF Je`:ned in Sect on 17U3C of the Business and
Professions Gone (PCC' 1L:'C2(DI )
ADDI DDNA_ C NIAS TERMS AND CONDITIONS
S7. CMAS -- CONTRACTOR'S I.tCENSE REQUIREMENTS
Contracts trial Include Installation or th_ wording Turnrsr anc
Install require at the time of Contract award that. Contractors
possess a va(td California State Contractor's Licerse It suh-
Contractors are used they must also possess a va,r i Calliornia
State Comractor'; _icense All businesses which consuuc: o,
alter any building, highway, road, parking factltiv. rafroac.
excavation or othe' structure it California must be hcen,ec DI
lrlE State License Board (CSLB if Cis Iota, cos: (cabol
ano materials' o' trie project !s S500.00 o• more �aclure tc. oE:
licensed or !c keep Inc license curren! anc rr dood sinnornr final
ut groundi, for ;,oniract revocation
CMAS -• PUB! IC WORKS REQUIREMENTS
ILASORIINSTALLATION):
a' Prior to the commencement of periormance the Contractor
must obtain and provide to the Statea payment bond on
Standard corm 807, when the Contract Involves a pr.blic
works expend.ture (taborlinsta(taten costs) in excess of
$5,000. Such bond shall be in a sum not less than one
hunored percer.t (100%) of the Contact pr,ce forms shall
be provtced to the Contractor.
b', in accordance witt- the provisions of Secliur 1773 o` the
Calitorr.ia _abor Code. the Contractor shall, conform and
stipulates to the general prevailing rate of wages, including
employer benefas as defined in Section 177Z I. of the
Caliiornia Labor Code, applicable to the Classes of abor to
be used for public works such as at the delivery, site for the
assembly and installation of the equipment or materials
unde*, the purchase order Pu-suant to Section 1770 of me
California Labo- Code, the Department of Industrial
Relations has ascertained the general prevailing rate of
wages in the county in which the work is to be done to be
as !:sted in the Department of Transportatfon ocoldet entitled
General Prevailing Wage Pates The booklet is compiled
monthly and copies of the same are availaole from the
Department or Industrial Relations, Prevaiiing Wage Unit at
www.du.ca.00v (select Statistics S Research; or (415) 7C3-
4774 The booklet is requiroc to be posted at the job site
c) The Contractor hereby �e'ti ies by sig ring this Contract that
r) Gontracior has met or will comply with the slendaros or
a'frrri-wive compliance wile the Non-Discrm nation
Clause Requirements included nerein
Cuntra;:loi is awaie of the provisions of Section 3700 of
the '-abof Coce that require even employer tO be
insures ag.rnst liability for workmen's comper.salicr or
to ucdertaice self-insurance in acc=ance wth the
provisions of that Code, and Contractor wilt comply witr,
suer, orovisio^s before commencrnc the Performance
of the worn. of tie purznpse, woer
E) Laws to be ODse'ved
I) L abor
Pursuani to Sectior 1775 or tire Ca;iforni6 _acD' :,ode
the Cun:ractor s all, as a penalty tc the State or Pohical
subdivis'on on whose benall the purchase older is made
o: awa•ded forfeit not rnore than Hly ($5C 00; lot each
calendar gay. or portions ltiereof, for each worker pstd
by h'-n or FubCoritractor under hrn, less than tht
orevai'mo wage so stipulaleo and in addition the
:'Ontf;iclor turtner agrees to pay is each workrra" the
d'tercncc between the actual amount ;iak to, earl,
calencaf cay or portions thereof ano thF S'Ipulalt ;
Ad9LlEll 2C10 Page I-. of 10
:,iv
CALIFORMA MJLTPLE AWARD SCHcDULES (CMAS1
GENERAL PROVISIONS - NON -IT COMMODITIES
wage rate io• t;ie same Tni. rroviS,ur Shal
5(! CMAS -- CONTRACT AMOUN- T^Lr� s, nL• guarantee; o**
no: aop, tc• oropcii noentureC ap^rerlices
m:nimun. purnase o` Contrac:orb prdducif n service:, Dv the
S to to
r'ursuan' is :jecnon, it;l;,-1L1: o- tr•s �;awcrrw, -a Uo•
Coct inclusive. is rc further agree:. trial line maximum.
6'. CMAS -- DEBARMENT CERTIFICA71ON (FEDERAL-L+•
iio.i•s a worm; I5 to DE empiDycc IL Iimilef to eight
7UNDED CONTRACTS) Whey Federal !unos are Defnc
hoot.- a oay a.nC 'arty hours a wee) anc !hc Contracto'
expended the prospective rec:pient of Federal assistanuc toads
steal forfeit at.:. penalty tc the Stale twcntti-five ($25
s req.mac IL' corify :o the Buyer, tha: neitne. Ir no, it, on•icipa!E
'o• eaCt, wor[tef enioloyec rr. 1,11E ext,c.:uDr, of the
are presently oeoarcd, suspencec propose-- io: uebarment
to' esco :,alenadf ❑ay ourrlg whrcr, e,
ueclare( nel•gilale, o- volunlarih exclude--: eon'. panicipEtior ir.
+Crkr a; ie,qui,cc• of permillee tC laoc: more !tear
Inis. transactior ny am Feceral departnnem or agency
,�fg'l: nu r r: any cal,-nda aa> n nitre t,.ar icm hours
n an'; caterc'a- weer: if. v )lalioi o ;•a'nr.rrf. _a'ic
E2 CMAS -- PJRCHASE ORDERS FUNDED lK WHOLE OF PART
rue a tfons. Ib1;- c `. nclu=ivE
BY THE FEDERAL GOVERNMENT: AI, Contracts (inclidug
br(inccr's C�I)rc',uensa•ferf 'nsu•anct
individual orders), er.cep: for State construction DrofectE whict,
T •c• Cryl!,ac'o- will be requ red tc sez'.ir4 trc iavment C`
are iundec iir wnolt o' ir, oar' by the federa! governmsn ma\ be
t,tr,q;Fnsaror It. C; amployce! r accordance ,,XI. Inc
cance:eC +wtr. K says notice and are subject !o the following.
prjvu (ins of Labor C;;de Section 'srCL
a; l' is mutually ur•.dersrood between the parties tnat this
u. T ravel and Sunsistence PBYme'1t5
Contract (order may 'iave been written before ascenaining
Travc and SUbsl=_tence payments shal be paid to each
the avallabihiv of congressional appropriation of funds, for
wcrher reedcd to execute the worl:. as such trave, and
the -rlutual belief t of both parties, in order :o avoid program
subsistence payments are definec in the appl'cable
and fiscal delays which would occur if the Contract (,order)
collect-ve ba•gain.ng agreements filed in accordance
were executed after that determination was made
wan'-aoor Cude Section 1773.6
D) This Contact (order) is valid and anforceable, onl: i!
Apprenirces
suffrcien! funds are made available to :he State by the
Specia• attentior is CirecteC to Sectfo-Is 1777.5. 1777 6
United States Government for the fiscal year during wriin
and ' 777 7 & the California Labor Coue anc Title 6,
the order was generated for the purposes of this program.
Californ a Acministrative Code Sectior 20L el seq Each
ir: addition this Contract Corder; is subject to any additiocal
::onl:actor andior subContracto' must, Drior 10
estnctions. limitations, or conditions enacted by tr.e
comme-icement oc :ne pu'ofic werKS ContracUpurcnase
Congress or any statute enacted by the Congress that may
order, contact tee Div:sfon of ApprsnuCeshlp Standards
affect tit= r.rnvisfons, terms or fundm? o'. :nis C oniract
i2-7 Golden Gale Aven.j�, San Francisco, CA.. o• are of
(o der; i•. ank manner
;is b-anch offices tc• irswe compliance and cor-piece
C; It is mutual,y agreed that it the Congress does not
understard;ng of vie law regarding apprent cos anc
app opnate su5icient funds for t lie program. this Contract
speta`ically t`ie reauireC ra:iD thereunder Respons.bill'y
(orde-) sna'I be amended to reflect any reduction in funds
fog Ccrr.p iance vrtr :,is sec' on I es with the p-re
Tnc cepartment has the option to void the Cortract Corner)
Ccniractor
uncle' tnr K-day cancePation clause or !o amend ttn_
v, Payroll
Co•-,trac: to reflect ary feduc:.on of funds
-ne Ccrn•acto' srall <tcp an accurate pLvrcil record
isnewirc !`ie nar*lie social security acuo'.,nt anc wcrlt
61. WAS -- CONFLICT OF INTEREST
class llca::o-' spec;f c anu straight me and overtime
Vi Current State Ernp!oyees (Pir&c, Contract CoCe Sectier,.
ro.irs workers t; cacti rr,ploytiv A c::rt;tie: cop) of Ow
1041i))
eriplcya�, s pay-D,: re:;o-d sea, ire ava,raole fc'
i; No officer o' empluyee shall engage it ary
irs:'ect:an as Specified n- sect-u' 1776 u' the Ca'.iiorrl,a
employment, ac:ivity or enterprise from which t. e
tr.h;;r CoCe
officer o' er:-npioyee receives compensation or has a
finance 'n:eres! and which is sponsored or fundec by
6 CMAS -- TERMINATION J CMAS CONTRAC•
any Slav: agency, unless the employment, activity or
'tit State rite,, term die wi:. U%1,r • :.on:raca' a--� h e
enterprise is rewired as a con; ihori of renulai Start
.farm till days t nC +v dlen not c ^
employment
?• f rie Ccnnraclu: r. ;3Sf W;il.ple l\ware Scht!tttn_ tS
if) N( office o- employeE steal, Contra--' on r:s o; he- own
:c'u:wgdec w:thir t fe ter r of tr.e -al iorn c Id! lltip E Aw r,
befall a` 3n independent Coniracioi with site Stale
Schecule :h -_.dlifo"n,a suhedu)e slid'! alm. be. ccnsioereC
agency to provide Gonds or ser, cer.
Wn,ir,ate:i w.:nE same car.:
ti) Formei State Employees (Public Contract Cube Secuon
Jpdr. ie'rn,r•atfor. or otnei ex:)uaticr Df tlnt, Contract, eticn
10411)
tarty will aSbiS. the other pan' in orcierh• itc—ninalion a''he
For ir'E lojo-veal period from the bate ne, Cf silt- left
Co-itracl and 'he 'ransler of al' a::sets. tanai5le and
Sta`.c- ennplovrrfen, no formes State officer of emplovee
inta'1ciait as rr,ay facili;aie the-urae�ly n,'moiswme;i
real ente: into a ConiraV it Wich he or she erdadec
bus,ress cortinua!icr of each party
in any of the nepotiations, transactions, planning.
c) Pnoi % :ne expirat.on o th E Contract 17 s Gonvact -nro\ be
a-rangemeats or any pa..1 of the decision -mar, rp
te•m.noteo ter the cor•venience o` uw, part.et hp mutual
arocess relevant to the Conl:acf v hi.e erilrOveC fr any
consent
capacity by any State agency.
This p'rvisio'i slali noi rei:eve life :.o,,tracio• of the
Po- the Iweive-men'1. period rcr• the oate he o• she
onlioa'icn lc• per'Drni unoef ant• pt"rchL:Se drde' or oche'
leti Stale employme'.L. ric former Sate o`f•ce' of
sirrunr woennc. due;, rnen' exectiiec' held t; t, :ermina!ior,
emp!oyet may en'er nntc c Con!racl wi;r an, Sta:S
!)a.i.(,,n Inn elleCiryb
;R.9'�;:• I' he C. sr:e was emNrv`✓a )� Ina: Stale auena
A,Jg,is' 20'C Pagc S O' 1;
- r�� ".I'll^l�7ll'";-�1:�1=•:
C.ALIFORNIA MIUL T IPL E AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS NON -IT COMMODITIES
Dou n.a in5 oos,wr II the sa-rte ur-nera, suolec:
8; CMAS -- PROGRESb PAYMENTSIPERFORMANCE BONDS
are; as mii DIDPosec CDCCac; wdl•ir, tilt twelve-rrientt"
Ir accordance with PCC 10314 Any Contracl for G000: lc• DE
perloc ono, !o nls or her leavinc State se:vrce
manufactured oy the Contractor specially' for inE State and not
sultaoke for sale to others to the ordinary course of the
ac
7MAS - SU3CONTRAC7;NG REQUIREMENTS
Cor.tracror's bcs!nest may provide, or suet,, terms ano conditions
Any subContra; to! Ina; tot CMA-c supplier chooses 1. JSE I,^
as It•E department deems necessary to protect the 3tate's
'.Jrilhng the regt:Irernen!s o: Iris Con:lac /purcnase diver and
interests foi progress payments for work performed and costs
wnlcl. Is expec!ed Ie receive more than ten (1(;. percen' o' value
incurred at the Contractors shop or p)ant, provided Inal no; less
n: tnt, Contract/aurc lase oree• muS arse m:e' a,, Gon;lcclual.
tnz:in 16 percent of ire Cortrac; price, n. te.qu«ed tc oe witnnelts
ad-ninlstrative ano iecnnisai re:qulrmentt oI the
untr final deliver; any acceptance 0` the Gucds ano provided
c-i:racthurcnase crnf: r,5 a7pi c2D,E
iurther, Thai the Contactor is required tc suomit i •adnfui
oer'o!mar,CE bo•to acceptaofe to the departmtn: if. a sure,, no!
6_
CM.AS - RE NI A'- AGRI: EMEN-S
les than one-ral of Ine total amoun. payablE under ;r,e cr:rac!
secunry Intz faithful p=_rfom.ance or the Contras: ri% the
Tre Seal= daes rc auter IC
vontracldr
• indemnity Z.;;C -..I•az:o•
• /\r$-rme respdnsit)- i, fo niat!erS JeyonC lit '.:ontr0l.
• Agee to MaKE payrwr.is !r advwice,
. Accept ary ctner orovisid i :eat•ng a ccnWiger, liaodlly
aca.ns! the State or
Agree to oo;atr, rC•-jrancL :r nro!ecl :wc :.Orlrirctor
^:a State e esDnrsrSil;y for taarrs and liability •o• ca.mage or
lost i:, 'ewictedl t,, !,!al made: necessary Dy u• resulting from tilt
iog;6ct ac: c, u ti+ssion o' he State or rs officers employees.
Of 90ents
It t.,E: :,ontraC:o- maintans the equipment, tnt Cuntracto; trust
keep ML equipmen; it. good wortcirg order and rnakE all
necessary repairs and adluslmenis without qualification Tre
31a!e may term-r-we to- default 0: cease paying rent should the
Contracid- fail to maintain the equionnent properly
Personal prcperty tares are not genera:Iy reimbursed wrier
leasing eq.ifpmen;;SAM 8736f
66.
CMAS -- LEASE ('_ease $Man r") 1' an agency desires to lease
througr Lease SNiarl "' the Gonlracto' ayrees :o sell to lessor
the assets at the same pwce as they agree to sel to :he State.
67
CMAS -- QUAP,TERLY REPORTS Contraclo-s are required to
sunmtt quarterly business acuvity reports, as specified ,n this
Contracl• eve, wher :here .s rc achv'ny A sepa•ate eao,. is
fecutred 'or each Contract aS difiererttaled oy alpha suffer.
68 CMAS CIQU:DATED DAMAGES
In the even; that lne ;,Cn.raCtdf fails A deirvel if aCco'dance witt-
he, :.c^tract rout ru'n c^.0 'he partles agree IhA, the detaN wiP
Inte Tore with •he, ;)rope' r•plemunta:ion of the Stale's p,odra-rs
!c Ire oe5 arc �amacc o• tie State Plot- 'hE ^.alure of Vie
:ase J wo,.lc ;I�- in•nr +cti: au E end enlremely difficul; to fo the
ac:ua amaoPs sustained it rie event o` ary such delay -lie
ata r and Comre tut !r,eretcr. p-esume that In Ire event of any
sucn delay Ine ar our, or oarnaor wtncn will D: sustained from o
de!a> will 5e the, arndufns se! lnrli, fr the Staterrienl Df JVor'c and
lne State an,.. !`'.e Contractor aciee Ina! ir, :h:- event of any Such
ceiay :re Contractor sr,alt pay such arnuunls as I:quroaled
damages and nnl as a Denalty Amourts due the State as
iouidd!ed da^tares ma; oe deducted bye, the State trom an
money Davoible IG !hc C'onlraClo: Tile State Snali notify IhE
Contractor in w'll nit o; any cla-n for licu,oated damage;; pursuar'!
tc !rite naradrap'• on o ueror !rf- oatE Slake deoucle sucr sums
from money t.avable tt. tt . C;onira; lcr
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