HomeMy WebLinkAboutHA34220 - The Home Depot - FY 2015-2016Contract No. HA34420
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AUTHORIZE THE USE OF THE HOME DEPOT U.S.A., INC. FOR
PURCHASE OF MATERIALS AND SUPPLIES FOR THE PALM
DESERT HOUSING AUTHORITY OWNED RESIDENTIAL RENTAL
PROPERTIES, FOR FY 2015/2016 IN AN AMOUNT NOT TO EXCEED
$25,000.00
SUBMITTED BY: Jessica Gonzales, Management Analyst - Housing
DATE: May 28, 2015
CONTENTS: Home Depot U.S.A Letter
Home Depot U.S.A Contract
Recommendation
By Minute Motion, that the Authority Board,
1. By Minute Motion, authorize the use of The Home Depot U.S.A., Inc. for the
purchase of materials and supplies for the Palm Desert Housing Authority owned
residential rental properties pursuant to Section 3.32.110 of the Palm Desert
Municipal Code, for FY 2015/2016 in an amount not to exceed $25,000.00; and
2. Authorize the Palm Desert Housing Authority's Executive Director or his
designee to finalize any documents necessary to effectuate the action taken
herewith.
Monies have been included in the FY 2015/2016 proposed Palm Desert Housing
Authority's 2015/2016 operating budget, in the appropriate Authority account.
Housing Commission Recommendation
The Housing Commission reviewed this item at its regular meeting of May 13, 2015 and
recommended approval.
Executive Summary.
By authorizing the use of The Home Depot U.S.A., Inc. ("Home Depot") for the Palm Desert
Housing Authority ("Authority") residential rental properties, by RPM Company, the Authority will
be able to establish an account to purchase materials and and supplies at an accelerated
efficiency during the 2015/2016 fiscal year.
Background
The Authority owns and operates approximately 1,000 residential rental units. Annually the
Authority purchases of materials, supplies, maintenance items and other routine items that are
of a continuing nature for ongoing activities related to the Authority owned residential rental
Contract No. HA34420
STAFF REPORT
FY 2015/2016 Palm Desert Housing Authority — Home Depot
May 28, 2015
Page 2
properties. To assist the Authority's contracted management company, RPM Company, to
operate more efficiently and effectively, the Authority would like use Home Depot as a supplier
through the government purchasing cooperative under the U.S. Communities ("U.S.
Communities").
U.S. Communities is a cooperative purchasing organization, established through a collaborative
effort to assist public agencies and non -profits across the United States with the specific
purpose of reducing procurement costs by leveraging group volume. U.S. Communities
accomplishes this by soliciting proposals and awarding contracts that are held by a principal
procurement agency for commonly purchased products and services at prices that have been
assessed to be fair, reasonable, and competitive.
Under the provisions set forth in the City of Palm Desert Municipal Code, Section 3.32.110 of
the Municipal Code, the Authority may obtain routine and recurring services, supplies, and
maintenance by adopting a procedure approved by the City Manager. The Authority is hereby
electing to participate with U.S. Communities.
Home Depot's is a vendor that will be utilized by the contracted management company for
varying items (including but not limited to paints, building materials, plumbing, hardware,
janitorial, hand held general purpose tools and any other miscellaneous maintenance, repair
and operating supplies). When possible, supplies are being procured from the local Rancho
Mirage Home Depot's location due to their immediate accessibility.
Staff recommends approval of this request to facilitate the continued routine, recurring
maintenance of the properties.
Fiscal Analysis
Approval of staff's recommendation would result in an expenditure in an amount not to exceed
$25,000.00.
Submitted by:
J
ca Gonzales,
Finance Department:
Department Head:
ement Analyst - HousingJare Moore, Director of Housing
11
Paul -Gibson, birector of Finance
M. Wohlmuth, Executive Director
Cttj,Lt..U/S,
VERIFIED BY:
Original an file with City Clerk's C ficc
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OUSING\Jessica Gonzales\STAFF REPORTS \2015\2015 PDHA Home Depot - Supplies_Staff Rpt for FY 2015-2016 Final.doc
To Whom It May Concern,
5/8/2015
This statement is intended to verify that the Palm Desert Housing Authority is a
user of US Communities contract #11019. This contract is a competitively bid
contract making every purchase made with Home Depot contract compliant by
the state of California and its governing statutes
State Statutes and contracts are found at;
1. http://www.uscommunities.org/resources/state-statutes/ca/
2. http://www.uscommunities.org/suppliers/the-home-depot/the-home-depot-contract/
Thank you,
Jacob Lever
Pro Account Representative
CeII: (951) 296-8446
Efax: (877) 959-0847
;1 <e %' e p o t 13800 West Chapman Avenue' Orange, CA 92868
Jacob_h_Iever @ homedepot.com
U.S. COMMUNITIES'
GOVERNMENT PURCHASING ALLIANCE
The Home Depot Contract I U.S. Communities Page 1 of 1
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CONTRACT PURSUANT TO RFP
SERIAL. 1I019-RFP
This Contract is entered into this sixth (6'h) day of July, 201 1 by and between Maricopa County ("County"), a
political subdivision of the State of Arizona, and Home Depot U.S.A. Inc, a Delaware corporation ("Contractor") tier
the purchase of Retail Maintenance, Repair and Operating (MR()) commodities and related services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years. beginning on the first (l'') day of August,
2011 and ending the thirty-first (31 ') day of July, 2014.
1.2
The County may, at its option and with the agreement of the Contractor, renew the term
of this Contract for additional terms up to a maximum of three (3) years, (or at the
County's sole discretion, extend the contract on a month -to -month bases for a maximum
of six (6) months after expiration). The County shall notify the Contractor in writing of its
intent to extend the Contract term at least thirty (30) calendar days prior to the expiration of the
original contract term, or any additional term thereafter.
2.0 Fla-: ADJUSTMENTS:
Retail prices or discounts off marked prices at point -of -sale (POS) are permitted to be adjusted
once per calendar year after the initial award, in conjunction with the Contractor's annual catalog
publication date.
Any requests for other reasonable pricing adjustments shall be submitted sixty (60) days prior to
the catalog publication date. If County agrees to the adjusted discounts, County shall issue written
approval of the changes.
3.0 PAYMFN1 S:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sums stated in Exhibit "A."
3.2 For non -procurement card transactions, payment shall he made upon the County's receipt of a
properly completed invoice.
3.3 INVOICES (NON -PROCUREMENT CARD TRANSACTIONS):
3.3.1 The Contractor shall submit detailed invoice before payment(s) can be made. At a
minimum, the invoice must provide the following information:
• Company name, address and contact
• County bill -to name and contact information
• Contract serial number
• County purchase order number
SERIAL 11019-RFP
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity
• Description of service provided
• Pricing per unit of service
• Freight (if applicable)
• Extended price
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(\\ \\ litho',.. vendors).
3.3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
4.0 AVAILABII.ITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing
by the Procurement Officer.
6.0 PERMS and CONDITIONS:
6.1 INDEMNIFICATION:
6.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the performance of this Contract.
Contractor's duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
SERIAL 11019-RFP
or mistakes in the performance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
6.1.2 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
6.1.3 The scope of this indemnification does not extend to the sole negligence of County.
6.2 INSURANCE REQUIREMENTS:
6.2.1 Contractor, at Contactor's own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of A-, VII or higher. In lieu of State of
Arizona licensing. the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must he acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily'
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the C'ounty's right to coverage
afforded under the insurance policies.
6.2.5 Fhe insurance policies may provide coverage that contains deductibles or self -insured
retentions. Such deductible and/or self -insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contactor shall be solely'
responsible for the deductible and/or self -insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self -insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
6.2.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not he
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from. or be deemed a waiver of County's right to insist on strict fulfillment of
Contractor's obligations under this Contract.
6.2.7 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have
the right to sell -insure part or all of any of the insurance it is required to maintain
hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not
less than One Hundred Million (SI00,000,000) Dollars. Such net worth shall be
documented to COUNTY and COUNTY shall he advised in writing in the event such
net worth requirement is not met. In the event that CONTRACTOR elects to self -insure
all or any part of any risk that would he insured under the policies and limits described
herein, and an event occurs where insurance proceeds would have been available but for
the election to sell -insure, CONTRACTOR shall make funds available to the same
extent that they would have been available had such insurance policy been carried, unless
specifically provided to the contrary herein.
SERIAL. 11019-RFP
6.2.8 The policies required hereunder, except Workers' Compensation, shall contain a waiver
of transfer of rights of recovery (subrogation) against County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of Contractor's
work or service.
6.2.9 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion. collapse. or underground property damage.
6.2.10 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Contractor's
owned. hired, and non -owned vehicles assigned to or used in performance of the
Contractor's work or services under this Contract.
6.2.11 Workers' Compensation.
6.2.11.1 Workers' Compensation insurance to cover obligations imposed by federal and
state statutes having jurisdiction of Contractor's employees engaged in the
performance of the work or services under this Contract; and Employer's
Liability insurance of not Tess than $100,000 for each accident, $100,000 disease
for each employee, and $500,000 disease policy limit.
6.2.11.2 Contractor waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by
the Workers' Compensation and Employer's Liability or commercial umbrella
liability insurance obtained by Contractor pursuant to this Contract.
6 2.12 Certificates of Insurance.
6.2.11.1 Prior to commencing work or services under this Contract, Contractor shall
furnish the County with certificates of insurance, or formal endorsements as
required by the Contract in the form provided by the County, issued by
Contractor's insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this contract number and title.
6.2.11.1.1 In the event any insurance policy (ies) required by this Contract is
(are) written on a "claims made" basis, coverage shall extend for two
(2) years past completion and acceptance of Contractor's work or
services and as evidenced by annual Certificates of Insurance.
6.2.11.1.2 If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County fifteen (15) days prior to the
expiration date.
6.2,13 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled. or materially
changed without thirty (30) days prior written notice to the County.
SERIAL I1019-RFP
6.3 WARRANTY OF SERVICES:
6.3.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County's acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
6.3.2 In addition to its other remedies, County may, at the Contractor's expense. require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
6.4 INSPECTION OF SERVICES:
6.4.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
6.4.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
6.4.3 If any of the services do not conform with Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements. at on
increase in Contract amount. When the defects in services cannot be corrected by re -
performance, County may:
6.4.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.4.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.4.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
6.4.4. I By Contract or otherwise, perform the services and charge to the Contractor any
cost incurred by County that is directly related to the performance of such
service; or
6.4.4.2 Terminate the Contract for default.
6.5 PROCUREMENT CARD ORDERING CAPABILl1 Y:
The County may determine to use a MasterCard Procurement Card, to place and make payment
for orders under the Contract.
6.6 IN ERNET ORDERING CAPABILITY:
The County intends, at its option, to use the Internet to communicate and to place orders under this
Contract.
SERIAL. 11019-RFP
6.7 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Department of Materials Management
Attn: Director of Purchasing
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
Government and National Accounts
Contract Manager
2455 Paces Ferry Road
Atlanta, GA 30339
6.8 REQUIREMENTS CONTRACT:
6.8.1 Contractor signifies its understanding and agreement by signing this document that this
Contract is a requirements contract. This Contract does not guarantee any purchases will
be made (minimum or maximum). Orders will only be placed when County identifies a
need and issues a purchase order or a written notice to proceed.
6.8.2 County reserves the right to cancel purchase orders or notice to proceed within a
reasonable period of time after issuance. Should a purchase order or notice to proceed be
canceled, the County agrees to reimburse the Contractor for actual and documented costs
incurred by the Contractor. The County will not reimburse the Contractor for any
avoidable costs incurred after receipt of cancellation, or for lost profits, or shipment of
product or performance of services prior to issuance of a purchase order or notice to
proceed.
6.8.3 Purchase orders will be cancelled in writing.
6.9 TERMINATION FOR CONVENIENCE:
The County reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of the County without penalty or recourse. Upon receipt of the written notice,
the Contractor shall immediately stop all work, as directed in the notice. notify all subcontractors
of the effective date of the termination and minimize all further costs to the County. . The
Contractor shall be entitled to receive just and equitable compensation for work in progress. work
completed and materials accepted before the effective date of the termination.
6.10 TERMINATION FOR DEFAULT:
6.10.1 In addition to the rights reserved in the Contract, the County may terminate the Contract
in whole or in part due to the failure of the Contractor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance policies, bonds,
licenses and permits. or to make satisfactory progress in performing the Contract. The
Procurement Officer shall provide written notice of the termination and the reasons for it
to the Contractor.
6.10.2 The County may, upon termination of this Contract, procure, on terms and in the manner
that it deems appropriate, materials or services to replace those under this Contract.
6.10.3 The Contractor shall continue to perform, in accordance with the requirements of the
Contract, up to the date of termination, as directed in the termination notice.
SERIAL 11019-RFP
6.11 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally. pursuant to
A.R.S §38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing. drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.12 OFFSET FOR DAMAGES;
In addition to all other remedies at law or equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance under this contract.
6.13 ADDITIONS/DI?LF,TTONS OF SERVICE:
I'he County reserves the right to add and/or delete products and/or services provided under this
Contract. If a requirement is deleted, payment to the Contractor will be reduced proportionately to
the amount of service reduced in accordance with the proposal price. If additional services and/or
products are required from this Contract, prices for such additions will be negotiated between the
Contractor and the County.
6.14 RLLA"IIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, partnership, principal and agent. or joint venture
between the District and the Contractor.
6.15 SUI3CONTRACIING:
The Contractor may not assign this Contract or subcontract to another party for performance of the
terms and conditions hereof without the written consent of the County, which shall not be
unreasonably withheld. All correspondence authorizing subcontracting must reference the
Proposal Serial Number and identify the job project.
6.16 AMENDMENT'S:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Materials Management shall be responsible for approving all amendments for Maricopa
County.
6.17 RETENTION OF RECORDS:
6.17.1 The Contractor agrees to retain all financial books, records, and other documents relevant
to this Contract for six (6) years after final payment or until after the resolution of any
audit questions which could be more than six (6) years, whichever is longer. The County,
Federal or State auditors and any other persons duly authorized by the Department shall
have full access to. and the right to examine, copy and make use of, any and all said
materials.
6.17.2 If the Contractor's books, records and other documents relevant to this Contract are not
sufficient to support and document that requested services were provided, the Contractor
SERIAL 11019-RFP
shall reimburse Maricopa County for the services not so adequately supported and
documented.
6.18 AEJDII DISALLOWANCES:
6.18.1 If at any time, County determines that a cost for which payment has been made is a
disallowed cost, such as overpayment, County shall notify the ('ontractor in writing of
the disallowance. County shall also state the means of correction, which may be but shall
not be limited to adjustment of any future claim submitted by the Contractor by the
amount of the disallowance, or to require repayment of the disallowed amount by the
Contractor.
6.19 ALTERNATIVE DISPUTE RESOLUTION:
6.19.1 After the exhaustion of the administrative remedies provided in the Maricopa County
Procurement Code, any contract dispute in this matter is subject to compulsory
arbitration. Provided the parties participate in the arbitration in good faith, such
arbitration is not binding and the parties are entitled to pursue the matter in state or
federal court sitting in Maricopa County for a de novo determination on the law and facts.
If the parties cannot agree on an arbitrator, each party will designate an arbitrator and
those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve
as a panel to consider the arbitration. The parties will be equally responsible for the
compensation for the arbitrator(s). The hearing, evidence, and procedure will be in
accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days
of the completion of the hearing the arbitrator(s) shall:
6.19.1.1 Render a decision:
6.19.1.2 Notify the parties that the exhibits are available for retrieval; and
6.19.1.3 Notify the parties of the decision in writing (a letter to the parties or their
counsel shall suffice).
6.19.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s)
a proposed form of award or other final disposition, including any form of award for
attorneys' fees and costs. Within five (5) days of receipt of the foregoing, the opposing
party may file objections. Within ten (10) days of receipt of any objections, the
arbitrator(s) shall pass upon the objections and prepare a signed award or other final
disposition and mail copies to all parties or their counsel.
6.19.3 Any party which has appeared and participated in good faith in the arbitration
proceedings may appeal from the award or other final disposition by filing an action in
the state or federal court sitting in Maricopa County within twenty (20) days after date of
the award or other final disposition. Unless such action is dismissed for failure to
prosecute, such action will make the award or other final disposition of the arbitrator(s) a
nullity.
6.20 SEVI .RABILITY:
The invalidity, in whole or in part. of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
SERIAL 11019-RFP
6.21 RIGHTS IN DATA:
he County shall own have the use of all data and reports resulting from this Contract without
additional cost or other restriction except as provided by law. Each party shall supply to the other
party, upon request, any available information that is relevant to this Contract and to the
performance hereunder.
6.22 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings. representations, or agreements.
whether oral or written, express or implied.
6.23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUIIS§',41-
4401 AND FEDERAI. IMMIGRATION LAWS AND REGULATIONS:
6.23.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. "These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (1-9) as required by the
Immigration Reform and Control Act of 1986. as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. 1-9 forms are available
for download at USC IS.GOV.
6.23.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph
3.18.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the
County's intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance. the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
6.23.3 This section is applicable to services provided in the state of Arizona only. The Contractor
shall comply with similar statutes that may have been enacted in other states.
6.24 VERIFICATION REGARDING COMPLIANCE Will ARIZONA REVISED STATUTES
§ 35-391.06 AND 35-393.06 BUSINESS RELATIONS WITI I SUDAN AND IRAN:
6.24.1 By entering into the Contract, the Contractor certifies it does not have scrutinized business
operations in Sudan or Iran. "I he contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the Procurement Officer upon
request. These warranties shall remain in effect through the term of the Contract.
6.24.2 The County may request verification of compliance for any contractor or subcontractor
performing work under the Contract. Should the County suspect or find that the Contractor
or any of its subcontractors are not in compliance, the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of
the Contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
SERIAL 11019-RFP
6.25 CONTRACTOR LICENSE REQUIREMENT:
6.25.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non -governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Materials
Management and the using agency of any and all changes concerning permits, insurance
or licenses.
6.25.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.26 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.26.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor. defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
6.26.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.26.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.26.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.26.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
6.26.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
6.26.3 The Contractor agrees to include. without modification. this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
6.27 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other non-federal government customer for these or similar services.
SERIAL I I019-RFV'P
6.28 GOVERNING I_AW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
6.29 ORDER OF PRECEDENCE,:
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable, the terms of this Contract shall prevail.
6.30 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-I2 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation. a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please so state in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
6.31 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's)
County currently holds ICPA's with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor. to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
6.32 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.32.1 Exhibit A, Pricing:
6.32 2 Exhibit R, Scope of Work:
SERIAL I1019-RFP
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACT
AUT11( !ZED SIGNATURE
J.T. • eves. Vice President Pro Business
PRINTED NAME AND TITLE
2455 Paces Fcrry Road Atlanta, GA 30239
ADDRESS
F - /
DATE
MARICOPA COUNTY
JUL 19 2011
CI lAiRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OE THE BOARD cr101011
APPROVED AS "E0 FORM:
--)4/1
LEGAL COI .
JUL 19 2011
DATE
Cir, c;/611
DA YE
SERIAL. 11019-RFP
SERIAL 11019-RFP
NIGP CODE: 45041
RESPONDENT'S
NAME:
COUNTY VENDOR NUMI3ER :
ADDRESS:
P.O. ADDRESS:
TELEPHONE
NUMBER:
FACSIMILE NUMl31?R:
WEl3 SI"I'E:
CONTACT
(REPRESENTATIVE):
REPRESENTATIVE'S E-MAIL ADDRESS:
EXHIBIT A
PRICING
tome Depot U.S.A., Inc.
2011000855 0
2455 Paces Ferry Road
Atlanta, GA 30339
Each local The Home Depot stores
866-589-0690
866-589-0691
www.homedcnot.com
Richard Nyberg
richard nvberdehomedepot.com
1'ES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCI IASL FROM THIS
CONTRACT
WILL ACCEPT PROCUREMENT CARD FOR
PAYMENT:
PAYMENT TERMS: NET 30 DAYS (See Note)
Note: Net 30 is for Ilome Depot Account transactions only. Payment is required at the time of each transaction, for
all transactions
1.0 PRICING:
1.1 Discount off marked price at POS N/A
1.2 Annual Issue Date of Catalog N/A
1.3 Do you offer a Rebate in lieu of a discount? Yes (Y/N)
%
At least $10,000 to $25,000 Annual Net Sales (Pretax) = 1% Rebate
At least $25,000 to $100,000 Annual Net Sales (Pretax) — 2% Rebate
Over $ I00,000 Annual Net Sales (Pretax) 3% Rebate
EXIIIBIT B
SCOPE OF WORK
Maricopa County (herein "Lead Public Agency" on behalf of itself and all states, local governments, school
districts, and higher education institutions in the United States of America, and other government agencies
and nonprofit organizations (herein "Participating Public Agencies") has entered into a Master Agreement for a
complete line of "Maintenance, Repair and Operating(MRO) Supplies and Industrial Supplies in a Retail and
Wholesale (Internet) environment; and Related Products and Services (installation, repair and renovation) (herein
"Products and Services")
Foreword
!tome Depot U.S.A., Inc. ("Home Depot") understands Maricopa County's ("Lead Public Agency") continued need to
reduce its overall costs and intent to enter into a new Master Agreement for a complete line of "Maintenance, Repair
and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products
and Services (installation. repair and renovation). I tome Depot, through our strong national presence providing access
to a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and
industrial environments for use by various government agencies nationwide. is proposing through this submittal
support for the retail environment aspect of the solicitation; consistent with the six years of successful performance
under the prior MRO retail agreement between the parties.
Executive Summary
Home Depot, building on successes associated with the cost savings to Participating Public Agencies under our
previous MRO agreement with the Lead Public Agency and our nationwide retail presence, is pleased to propose a
plan herein to supply maintenance, repair. and operations (MRO) supplies to all Participating Public Agencies. Our
plan, consistent with the previously awarded MRO Agreement 05091 provides all Participating Public Agencies
access to an un-paralleled inventory of MRO, building materials and hardware items — including associated
installation, repair and renovation services. Professional building and maintenance people will be able to conveniently
meet their needs for building hardware from a local home Depot retail store, and plan procurements from the
r. ,, :h, n;�,f,�, •i.�, i� web site which displays and distributes many of the products found in our stores. In addition,
our nationwide outside sales team can help facilitate supporting the needs of the Professional building and
maintenance people by working as a team to provide solutions to those product needs and any services needed by
those agencies.
If our proposal is accepted, we will continue to promote this contract as the primary instrument under which Home
Depot does business with any potential Participating Public Agencies. In conjunction, our sales force is continually
updated regarding the mechanics of a US Communities based partnership with agencies and directed to identify with
its terms at all opportunities.
Consistent with our previous six years of implementation of the US Communities MRO contract 05091, 1 lome Depot
emphasizes our everyday low price guarantee: the price charged any public agency will be the lowest available in that
market at that time for the identical item or we will match the price and refund 10% of the difference in accordance
with standard Home Depot return policies. In addition, our offer provides for enhanced rebate incentives back to the
Participating Public Agency based upon purchase volume.
Executive Summary (continued)
Home Depot offers a robust selection of products in all MRO, hardware, and building product categories - and
associated services - at each of our locations. Some of the categories are notable strengths of ours, and almost define
our business (e.g., building materials and paint).
It is important to note that not all categories of merchandise are equally well represented in each of our store
locations. This difference reflects practical issues regarding material handling and the distribution of certain classes of
products. If a category is better represented in one location than another, it is driven by historical needs of the local
population.
In summary, our proposal offering is based upon the following business elements that have proven successful in
support public agency procurement needs:
• Immediate same -day access to over 30,000 products at each store location
• Enhanced access to hundreds of thousands more products through special orders
• Bulk ordering incentives through our Volume Pricing Program
• Rebate incentives to Participating Public Agencies based upon spend volume
• Dedicated Government Sales team and Outside Sales Representatives across the nation
About the Home Depot
Home Depot and its family of subsidiaries are among the most well-known and widely -respected
corporations in America. We have been a public company since 1981, and our common stock
trades on the New York Stock Exchange under the ticker symbol "I ID". The company is included
in the Dow Jones Industrial Average of thirty stocks, and in the Standard & Poor's index of 500
industrial stocks.
I lone Depot is the world's largest home improvement specialty retailer with stores in all 50 states.
the District of Columbia. Puerto Rico, U.S. Virgin Islands, 10 Canadian provinces, Mexico and
China.
We are one of the nation's largest advertisers, and we utilize a broad range of mass media and targeted media. We also
incorporate major sponsorships into our marketing plan, such as NASCAR®, the U.S. Olympic® team, The I tome
Depot Center, ESPN Game Day®, CBS® College Football and a number of home and garden television shows.
Ilome Depot Information: Ilome Depot's offer is based upon the traditional walk-in walk -out transactional activity
for Retail .t1RO products with orders processed through our individual stores, consistent with existing ('S
Communities .tIRO agreement and our other government agreements. This provides the customers immediate access
to a complete and comprehensive offering of appliances, huilding materials, hardware. III11('. irrigation equipment
and supplies, janitorial, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool
chemicals and supplies, hand-held general purpose tools. power tools, window coverings, and any other
miscellaneous .11RO supplies.
Each store stocks typically 30.000 to 40.00(1 products, including both national brand name and proprietary' items. If
an item is out of stock our sales associates can provide information to the government buyer regarding estimated fill
time. /)pically, our stores are serviced by the distribution centers multiple times during any week: so out of stock
issues are minimized
In addition, as the largest huilding supplies retailer distributor in the country, Home Depot maintains billions in
inventory with the majority on the shelves of.our retail stores ready /br immediate purchase.
Home Depot and its subsidiaries hold far resale more than SIO billion in inventory. Approximately ninety percent is
on the .shelves of our retail stares ready .for immediate purchase: the rest are "in the pipeline housed in the
distribution centers ready to replenish the merchandise sold at our stores.
Ilome Depot operates primarily as a cash and carry retailer. and therefore relies on our hundreds of thousands of
sales associates who staff our many retail stares to meet customers face-to-face and address their needs. Ife. also have
an Outside Sales team of approximately 200 associates, consisting of.Government .Sales Managers and Pro .1 ccount
Representatives, who are the primary interfaces for Participating Public Agencies regarding ('S Communities
contract inquiries•.
11'e buy our store merchandise from suppliers located throughout the world Ile are not dependent on any single
.supplier. ,tlost of. our merchandise is purchased directly from manufacturers, which eliminates "middleman" costs.
Competitive sources of supply are readily available for substantially all of the products we sell in Home Depot stores.
l i'e are committed to being the supplier of choice to a variety of professional customers, including government
customers, huilding maintenance professionals, carpenters, plumbers. painters. electricians, rentodelers, and
designers. 11'e continue to expand our "Pro" initiative, which adds programs to our stores that are designed 10
increase sales to professional customers and government customers. Stores participating in the program have added
associates at a sales desk dedicated to providing more personalized service to professional customers, including
managing accounts and taking and filling orders for pick-up or deliverr..1 dditionaly, during the holes when
professionals typically shop, these stores have assigned sales associates in certain departments to better assist these
customers. ff e have also increased the available quantities of products typically purchased by professionals in hulk,
and we offer certain items in each department packaged in hulk to provide additional savings. This initiative
continues to he introduced to the stores that have a significant volume of professional customers.
Home Depot offers a variety' of installation services and renovations services. Our Installation Services and
Renovations Services programs use only qualified independent contractors nationwide. The Installation Services
programs include the installation of products that are sold in our stores, such as carpeting, flooring, cabinets. water
heaters and countertops, us well as other products such as generators and furnace and central air systems. The
Renovations Services Program is a nationwide repair service offering of ill line of renovation products and services
designed to return property to a livable condition and increase marketability. "l hese Services capabilities are f other
addressed in the information associated with Section 2.4 herein.
As part of our efforts to sati.sfi' a broad range of the needs of our professional customers, we offer a tool rental center
in many stores. Home Depot rents approximately 300 commercial -quality tools and equipment. including saws. Poor
sanders, generators, gas powered lawn equipment and plumbing tools. Customers- can rent the tools on an hourly.
daily, weekly or monthly basis. Our associates who work in the tool rental center receive special training in the use
and maintenance of tools. 11 e have tool rental centers in over /000 stores.
Home Depot Information: As part (Our proposal value proposition, we work only with installers and home service
professionals who meet the highest standards for experience, know-how and customer service. At 7he Home Depot, ire
screen and perform background checks on all of our installers before we send them out on any job, to ensure they have
all applicable licenses and insurance. When you hire us for your project, you'll know we will get the job done right.
Home Depot offers superior warranties on our installation service labor and products, to give you peace of mind on
the quality o/:vote• installation project. All of our installation services are hacked by our one-year warranty on labor
as well as manufacturer warranties on all of our products.
When you work with 7he home Depot, you won't have to go to the trouble of/inding multiple installers and home
service professionals fbr different parts o/your project I•rom your initial consultation all the fray through to the
installation and cleanup, we 'l/ make sure the project is done right.
Our nationwide Installation Services programs include the installation of products that are .s'old in our stores. such as
carpeting, flooring. cabinets, grater heaters and countertops, as well as other products such as generators and furnace
and central air systems.
The Home Depot Renovations Services Program is a nationwide repair service offering aJiull line of renovation
products and services designed to return property to a livable condition and increase marketability
• Dedicated Ilome Depot Renovations Services team acts as the single point of contact for all properties
• Simplifies business by offering the same process and procedure across the nation
• Davis- Bacon wage requirements compliance
• Capacity to handle multiple projects in several markets simultaneously
• Full scope of renovation services*
• .Nationwide network of contractors that are Licensed, background checked and hadged consisting of (ut a
minimum):
o .National Employee Database
o SS,N ! erifcation
o .National Criminal Database ('heck
o Two County Search
o Sex Offender Search
o :Annual Review (.National Criminal Database)
o Two (2) Year Complete Re -Screen and Renewal
o Financial Background
• Service Provider's are issued picture identification badges to wear at all times while on site
• One-year warranty on workmanship hacked by Home Depot
• Locally Sourced Renovations Service Providers we retain local service providers nationwide
• fast repair turnaround typical job completion within 10-15 days
I his program facilitates rehabilitation and or improvements that are non-structural in nature. such as:
• Repair Replacement I 'pgrade of
Roofs, gutters and downspouts
Existing III A('.$)stem.s
Plumhing Septic & electrical systems
Floor Coverings
hxterior decks, patios, porches
Windows, doors, exterior wall siding
• .Minor remodeling, such as kitchens (nonstructural repairs)
• Painting, both exterior and interior
• 11'eatherization, including storm windows doors. insulation, weather stripping
• Purchase and installation of appliances. including.li•ee-standing ranges. refrigerators, washers dryers,
dishwashers, and microwaves
• Accessibility improvements for persons with disabilities
• Basement finishing. waterproofing cc remodeling (non-structural repairs)
• AD.1 renovations
Home Depot Information: In addition, home Depot has the capability to provide customers R.S..11eans Bare ('osl
Data pertaining to all written quotations upon request by that Participating Puhlic . Igenc'y.
*7he home Renovations Service program does not include:
• New construction
• .Major structural work
• Evictions
• Routine maintenance .services (lawn cutting)
• .hold, asbestos, or lead paint (.11. I LI') remediation (in most cases)
Our Retail value proposition fur products and .services does not include the following industrial environment efforts
• Ilose Fabrication
• hydraulic Repairs
• Gearbox Repairs
• Conveyor System Repairs
• I 'ulccrni=ing
• Rubber Fabrication
Home Depot Mapnains for all services customers a single point contact for each Participating Puhlic agency
regarding each individual effort. Our .services capacity is managed through a highly qualified & compliant
contractor network (with controls fin. every step of the process) and on -the -ground support for each .services Obit.
7he home Depot 's Quality Control program consists of dedicated personnel monitoring:
• Internal Q&.1 process
• Scope of work review perjoh
• Job -site walk by license contractor's to create punch list items (if applicable)
• ('ustomer acceptance and .sign off upon completion of -the work
• Random joh site audits
• Compliance tracking of Service Provider (Sub -contractor) licenses, insurance, etc.
• Permits as required
Home Depot Information: home Depot's offer is based upon the expeditious purchasing capabilities through our
local The home Depot stores. Each store stocks typically 30,000 to 40,000 products across a!! the product categories
identified above. The home Depot stores are organized by the following departments:
• Building .11c:ferials
• Lumber
• flooring Organization
• Paint
• Hardware
• Plumbing
• Electrical Lighting
• Seasonal Garden
• Kitchen Bath
• Millwork
• Decor
• Appliances
"/his list does not include additional access to Special Order products, which provide customers access to thousands of
additional products. is identified in previous sections w•e also have installation services that are available across all
these product categories.
PRODUCT ORDERING:
Home Depot Information: Ilome Depot 's offer is based upon the expeditious purchasing capabilities through our
local The home Depot stores and the extended capability to procure products 24 7 at l • .„;, ,;. „ .
The typical The home Depot .stores is open front 7 am to 10pm weekly we also have continued to expand our focused
support to professional and government customers by ensuring additional associates are available during those times
these customers shop.
Transactions, typically completed at the point-o/=sale, are also supported by will calls through the local home Depot
store.
l hroughtis'ww. homedepot. c•om we offer thousands of products that are suitable for on-line sales ---
they can ea.s•ily he delivered by' an overnight delivery service. In addition to products, the site
offers information about our products and projects, calculators to estimate the amount and kinds
of materials needed to complete a project, as well as information about our company (including
store locations and hours of operation) and links to our other on-line businesses. As with our
stores, the focus of our web site is on providing information and customer service.
The home Depot maintains a robust customer service support capability through our Customer ('are specialists
available 24 hours a day through 1-800-466-3337.
In addition for emergency procurements we have government sales personnel who curt help with organizing purchases
at the times our stores are not open.
We also are focused on supporting our customers during the times of natural disasters. Ilome Depot is often
considered a first responder supporting those government entities that need products to stabilize the affected
communities. li'e maintain a command center during these emergencies.
PRODUCT PRICING:
REBATE ON SALES:
Home Depot Information: Our retail locations will he the prima!y locations for purchases by Participating Public
Agency customers with our everyday low retail prices, and the price -matching promise available to all purchasers.
Our pricing is based upon our everyday low retail price and the vendor relationships we maintain across the county.
"the Pro Sales desk is the preferred location for the Participating Public :lgency customers to process transactions.
due to the highly trained staff available.for government procurements.
Regarding the Volume Pricing Program, for large individual planned purchases, Ilome Depot has the ability• to
provide more aggressive savings to purchasers through our 1 'olunte Pricing Discounts. For any planned order over
S2,500. call in the request for quote to the ProDesk of your local The liome Depot store and ask for it to be submitted
for volume pricing consideration. This is a volume discount program that can give various discounts depending on
dollar value, quantity and type of material lihen the quote is submitted Home Depot will send to our corporate
office and then an analy•.sis will he completed regarding ant• potential additional savings. The desk will then will he
able to inform you of the savings. This process in the majority of cases can he completed within a few minutes. The
quote must be paid for at one time and the desk will coordinate as 10 when the material will he ready .for either
delivery or pick up. Currently, the average savings exceeds 10% nationwide (depending on dollar value, quantity and
type of material)
It is expected that the majority of the transactions will he processed as credit card sales: as they currently are under
our existing (.'S Communities .TIRO contract 05091. Home Depot can accept Purchase Orders (POs) provided that at
the time of transaction a payment vehicle is provided such as a Ilome Depot (Net 30) .•iccounl or credit curd
number. These transactions will he processed as a credit card sale.
Participating Public Agency customers will he required to provide fax exemption information, Ji'oin their tax exempt
registration under y ; r, at the time of transaction to ensure no tax is incurred on the sale.
In addition, to ensure the procurement is tracked as a ('.S' Communities contract sale it is important that the buyers
register their credit cards and or Ilome Depot Accounts ccounts on the secure and restricted web site.
Additionally, Home Depot's offer is based upon tiered annual rebates to Participatinz' Public AL'encies provided
within sixty (60) days of the end of the calendar tear. These tiered rebates, enhanced over the current (.'S
Communities contact 05091 offering, are as follows:
• .At least Sl 0,000 to $25, 000 Annual nnual Net Sales (Pretax) 1''% Rebate
• .•1t least S25,000 to S100,000 Annual Net Sales (Pretax) 2% Rebate
• Over $100,000 Annual Net Sales (Pretax) 3% Rebate
Lligihilityfnr rebate incentives to Participating Public Agencies requires completion of the web -based enrollment
requirements through ha;., - ,. . . •,.!:. I•aigible .sales will commence upon completion of the enrollment
based upon sales that occurred on those accounts from that date through the calendar year. The web enrollment
process accommodates the secure inclusion qf credit card accounts, and the capability to add remove accounts during
the pelf rrnance of the contact. Tracking of cards will begin once the cards are successfully enrolled via the wehsite.
An operating premise for retail outlets is that most customers will take their purchases with them; deliveryJi•om retail
outlets. t.s. while offered, should he viewed as a convenience above and beyond usually expectations. This premise is
consistent with all our similar agreements. Deliver)' .ARO will depend on a number of reasonable variables. and
should he discussed with an in -score associate at the time of purchase.
The almost 200 Ilome Depot Government Sales Managers and Pro Account ccount Representatives are the local conduit jar
supporting Participating Public . lgencies regi.s't'ation efforts and associated inquiries.
SALES REPORTING:
Home Depot Information: home Depot has consistently provided quarterly sales reporting under our existing ('S
Communities .LIRO cooperative contract 0509/for over five years. Our sales report is provided in the required
contractual format c'onsi.stent with the Exhibit 13 format included in the solicitation. The success of the process has
always depended on the accurate registration of the procuring entities credit cards, home Depot .Accounts, or checks
through enrollment form tool identified on our honrepage at ‘ . - irhich provides
for access to our P('1 compliant registration tool %:::, 1, • ,• to track those sales. By requiring
Participating Public agencies to complete this registration on a secure and restricted web site, we can assure the
customer's. (.S' Communities, and ourselves that when we extract data from our sales journals we will find all the
activitt of bona fide users of the contract.
This result in reporting on a customer basis on the required summary level and access to the product level for each
individual transaction including:
A summary of the net sales for the quarter
Purchasing Agency .\ ante
Purchasing .1 ge nc v . I ddres'.s'
Individual Transaction Totals
Periodically, when requested, additional information can he provided on a sample basis regarding the specific
products purchased during each transaction. Most reports can he tr'an.s'mitted via email to the requesting agency.
Other information, such as .\•/GP codes, manner of payment, delivery on -time or backordered, is also some of:the data
recorded and archived about ever)• transaction. and is available, on special request
The sales reporting is, and will continue to he. completed for the customer through the Store Support renter
;there we currently have potential participating agencies not procuring under our (.S ('omnrnities agreement we will
continue to provide the value of participating under the (.•S ('omnunities contract as our primary ojjering to those
eligible agencies.
BRAND NAMES:
Home Depot Information: Participating Pub/ic Agencies has immediate access to thousands of products available
through our Ilome Depot stores prior to completing a transaction, to help aid in the purchasing decision.
A typical Home Depot store stocks 30,000 to 40,000 products during the year, including both national brand name
and proprietary items. lE'e buy our store merchandise from suppliers located throughout the world {i'e are not
dependent on any single supplier..t/ost of our merchandise is purchased directly from manufacturers, which
eliminates "middleman" costs. iI'e believe that competitive sources of supply are readily available for substantially all
of the products we sell in Ilome Depot stores.
In addition. through in-store Special Orders and products available exclusively on our
customers have access to hundreds of thousand s additional products
To complement and enhance our product selection, we continued to form strategic alliances and exclusive
relationships with selected suppliers to market products under a variety of well -recognized brand names. During
.fiscal 2010, we offered a numher of proprietary and exclusive brands across a wide range of departments including,
but not limited to, Behr Premium Plus K` paint, Hampton Bat.k lighting, l'igor•o.!? lawn care products, Ilusk R• hand
tools. RIDGID i? and RyohiR power tools and Glacier BayR bath fixtures. li'e also continued our partnership with
Martha Stewart Living Omnimedia to offer an exclusive .tlariha Stewart Living brand of home improvement products
in select categories including outdoor living. paint, cabinetry. flooring, and shelving and .storage. Ii e may consider
additional strategic alliances and relationships with other suppliers and will continue to assess opportunities to
expand the range of products available under brand names that are exclusive to The Ilome Depot.
from our Store Support ('enter, we maintain a global sourcing merchandise program to source high -quality products
directly from manufacturers around the world Our merchant team identifies and purchases market leading innovative
products directly for our stores. 1 hese initiatives enable us to improve product features and quality, to import
products not currently available to our customers and to offer products at a lower price than would othenrise he
available if purchased from third -party importers.
WARRANTY:
Home Depot Information: .1/1 repair and renovation services performed by Ilome Depot carries a one (1) year
workmanship warranty and all manufacturers' product warranties shall he passed on to the end customer.
Ilome Depot also offers a robust return policy on product purchases, whereas (most) returns within 90 days of
purchase are accommodated with a valid sales receipt for exchange, refi,nd credited 10 an associated Ilome Depot
Account, nt, or refunded via The /lone Depot .store credit.
INVOICES AND PAYMENTS (PURCHASE ORDER):
Home Depot Information: Consistent with the success of our current (.S Communities cooperative purchasing
contract 050091, it is expected that the majority of the transactions will he processed as credit card sales. Home
Depot does accept Purchase Orders (POs) provided that at the time of transaction a payment vehicle is provided
such as a Ilome Depot (het 30) Account or credit card number. These transactions will he processed as a credit card
sale.
Electronic fund Transfers (/:1.1) can he completed to remit payment on a Home Depot Account upon receipt of an
invoice.
Home Depot has also, on occasion. accepted wire transfer payments at the time of transaction.
TAX:
Home Depot Information: I'or tax exempt procurements through our local stores. Participating Public Agencies will
he required (if not already completed) to register with Ilome Depot for tax exemption under I: r, ,i • •r : •» .
This is a one-time registration that provides. for a unique Home Depot tax exempt number that needs to he identified ,
at the time of transaction to ensure no tux is incurred on the sale. In addition, our installation and Renovations
Services quotes can accommodate tax free procurements by authorred government agencies.
Internet ordering through ,.; is available to Participating Public .agency purchasers but tax
exemption is a credit back after the transaction.
DELIVERY, FREIGI IT REQUIREMENTS:
Ilome Depot Information: .-In operating premise for retail outlets is that most customers will take their purchases
with them; delivery from retail outlets, while offered, should he viewed as a convenience above and beyond usually
expectations. This premise is consistent with all our similar agreements. Delivery' ARO will depend on a number of
reasonable variables, and should he discussed with an in-store associate at the time of purchase. Our delivery
docuunentation does provide for standard commercial packing list infar•mation as requested in the solicitation.
2.1 S IRA'I I:GIC ALLIANCE for VOLUME EXPENDITURES (SAVE):
Home Depot Information: We currently support Sill, Cooperative Purchasing Agreement participant sunder our
existing 1 S Communities cooperative purchasing contract 0509/ and will continue that .support if awarded this
contract.
Home Depot Information: Home Depot is the world's largest home improvement retailer, operating almost 2,000
stores across the nation and employing more than 300,000 skilled associates. Ile rely on our hundreds of thousands
of in-store sales associates to meet customers face -to face and address their needs.
In addition, we have a nationwide outside sales team of over 200 associates who support the needs of the l'ro/i'ssional
building and maintenance people and government customers by working as a teams to provide solutions to those
product needs and any services needed by those agencies
II e have success/idly relied on the outside .sales team, consisting of Government Sales Managers. Regional
Professional Sales Managers, Pro Account Representatives, and associated teams to support government customers
under our existing (S Communities contract; and will continue that support.
Our associates live in the communities where they work. us the typical store employees' 100 to 150 associates who
generally live within 5-10 miles of that store location.
Ilome Depot Information: Ilome Depot operates almost 2.000 .stores across the nation See Attachment 1: for• the
complete list.
Home Depot Information: Ilonre Depot maintains our main .Store .Support ('enter in .1 ilanta, Georgia. Regionally
we maintain 19 additional store support centers throughout the country based upon our geographical alignment that
bests support the customers in those areas.
Distribution
Home Depot Information: Ilome Depot's offer is based upon the traditional walk-in walk -out transactional activity
for Retail .t1R0 products with orders processed through our almost 2000 individual stores; consistent with existing ('S
Communities .tIRO agreement and our other government agreements. This provides the customers immediate access
to a complete and comprehensive offering of appliances, building materials, hardware, IIIAC, irrigation equipment
and supplies, janitorial, landscaping equipment and supplies, motor's, pumps. paints and coatings, plumbing, pool
chemicals and supplies, hand-held general purpose tools, power tools, window coverings, and any other
miscellaneous ,MIRO supplies.
Each store stocks typically 30.000 to 40,000 products. including both national brand name and proprietary' items. If
an item is out of stock our sales associates can provide information to the government buyer regarding estimated /ill
time. 1 Ypically. our stores are serviced h_r the distribution centers multiple times during any week: so out ofstock
issues are minimized
In addition• us the largest building supplies retailer distributor in the country. Ilome Depot maintains billions in
inventory with the nrctjor•ity on the shelves of our retail stores ready fin. immediate purchase.
Ilonre Depot and its subsidiaries hold for resale more than S/0 billion in inventory. Approximately ninety percent is
on the shelves of our retail stores reach' for• immediate purchase; the rest are "in the pipeline ". housed in the
distribution centers reach' to replenish the merchandise sold at our .stores.
Ilonre Depot offers a variety of installation services and renovations services. Our Installation Services and
Renovations Services programs use only qualified independent contractors nationwide the Installation Services
programs include the installation of products that are .sold in our stores, such as carpeting, flooring, cabinets. sealer
heaters and countertops. as well as other products such as generators and.f trnace and central air systems. The
Renovations Services Program is a nationwide repair service offering a full line of renovation products and services
designed to return property to a livable condition and increase marketability. These Services capabilities are further
addressed in the information associated with Section 2.4 herein.
As part of our efforts to satisfy a broad range of the needs of our professional customers, we offer a tool rental center
in many stores. Ilome Depot rents approximately 300 • commercial -quality tools and equipment, including saws, floor
sanders, generators, gas powered lawn equipment and plumbing tools. Customers can rent the tools on an hourly,
daily, weekly or monthly basis. Our associates who work in the tool rental center receive special training in the use
and maintenance of tools. We had tool rental centers in over /000 stores.
Home Depot Information: We buy our store merchandise from suppliers located throughout the world. We are not
dependent on any single supplier. Most of our merchandise is purchased directly from manufacturers, which
eliminates "middleman" costs. Competitive sources of supply are readily available for substantially all of the
products we sell in home Depot stores.
This supply logistics model focuses on removing cost in the system and provides for the hest possible prices to our
customers.
Home Depot Information: The almost 2000 The Home Depot stores are included in Tab /0 Attachment E herein.
Our stores range in si_e from approximately 50,000 square feel to over 160,000 square feet based upon the area's
population and needs: as well us other factors.
Home Depot also maintains 19 Rapid Deployment Centers (RDCs) that are on average over 600,000 square
feet, and are strategically placed throughout the country. RDCs allow for aggregation of store
product needs to a single purchase order, and then rapid allocation and deployment of inventory to
individual stores upon arrival at the center. This process allows improved transportation, simplified order
processing at suppliers and lust minute reallocation from the time that product needs at stores are
determined to actual replenishment. At the end of fiscal 2010, we operated 30 hulk distribution centers and
3-1 conventional distribution centers
Home Depot Information: Home Depots offer is bused upon the traditional walk-in walk -out transactional
procurements at our local stores. Delivery is available on a request basis, for which those deliveries are sent through
third party carriers we have a business relationship (i.e. ('PS, private carriers, etc...). Therefore, the cost of delivery is
not "built into" our product selling prices keeping our prices at their everyday low retail price for our customers.
The Ilome Depot business model is predicated on the assumption that most customers will take their purchases with
then. Delivery, if requested is treated as an extra service, and may have delivery charges apply. Therefore, the cost
of delivery is not "built into" our product selling prices. The !tome Depot typically provides for delivery (for a fee)
for those customers who request it on a case by case basis
Home Depot also offers a robust return policy on product purchases. whereas (most) returns within 90 days of
purchase are accommodated with a valid sales receipt for exchange, refund, credited 10 an associated Ilome Depot
Account, or refunded via The ilome Depot store credit.
For on-line purchases at homedepot.com, there are a variety of ways to return your products:
• Return the item(s) to a The Monte Depot Store location nearest you
• Return the item(s) via the shipment method of your choice
• Return the itemts) using the returns label that came with your order (charges will he billed to your credit
card)
Home Depot offers a robust return policy on product purchases, whereas (most) returns within 90 days of purchase
are accommodated Some exceptions are:
• Gasoline -powered equipment may he returned within 30 days of purchase with a valid sales receipt.
After 30 days, item may he sent out for repair at the customer's expense, unless covered under warranty
• Special order returns are subject to /5% restocking fee. ('ancellations may be subject to /5% restocking
fee
• Returns Not Available vailable on the Following Products: Custom made products and custom tinted paint, utility
trailers, (lift Cards, Gift Certificates and Store Credits
SERIAL. 11019-RFP
US COMM STORE SUMMARY BY STATE
Home Depot U.S.A. Inc.
Proposal in Response to
Serial 11019 RFP Maintenance, Repair. Operating
Supplies
Industrial Supplies. and Related Services
Tab 10- Attachment F. (Retail Stores Locations)
Vendor Name: [tome Depot U.S.A., Inc.
QUANTITY OF
QUANTITY OF WHOLESALE WARE:IIOUSE?
RETAIL STORES IN WAREHOUSE( S) LOCATIONS
THIS STATE IN THIS STATE (CITY)
ALABAMA 28 N/A
ALASKA 7 N/A
ARIZONA 14 N/A
ARKANSAS 56 N/A
CALIFORNIA 231 N/A
COLORADO 46 N/A
CONNECTICUT 28 N/A
DELAWARE 9 N/A
FLORIDA 153 N/A
GEORGIA 90 N/A
IA WAII 7 N/A
IDAI IO 11 N/A
I LLINOIS 76 N/A
INDIANA 24 N/A
IOWA 10 N/A
KANSAS 16 N/A
KENTLC KY 14 N/A
LOUISIANA 28 N/A
MAINE 1l N/A
MARYLAND 41 N/A
MASSACHUSETTS 45 N/A
MICIIIGAN 71 N/A
MINNESOTA 33 N/A
MISSISSIPPI 14 N/A
MISSOLJRI 34 N/A
MONTANA 6 N/A
QUANTITY OF
QUANTITY OF WHOLESALE WAREHOUSE
RETAIL STORES IN WAREHOUSE(S) LOCATIONS
TIIIS STATE IN TIIIS STATE (CITY)
NEBRASKA 8 N/A
NEVADA 21 N/A
NEW IIAMPSHIRE 20 N/A
NEW JERSEY 67 N/A
NEW MEXICO 13 N/A
NEW YORK 100 N/A
NOR I II
CAROLINA 42 N/A
NORTII DAKOTA 1 N/A
OHIIO 70 N/A
OKLAHOMA 16 N/A
OREGON 26 N/A
PENNSYLVANIA 70 N/A
RHODE ISLAND 8 N/A
SOL T I 1
CAROLINA 25 N/A
SOUTH DAKOTA 1 N/A
TENNESSEE 39 N/A
TEXAS 178 N/A
IJTAI I 22 N/A
VERMONT 3 N/A
VIRGINIA 49 N/A
WASHINGTON 45 N/A
WEST VIRGINIA 6 N/A
WISCONSIN 27 N/A
WYOMING 5 N/A
1965
Chief Procurement Officer
l.'i. 11. Lincoln
I'hnc ix, 1/.451Jl3
L m,. « ; 2) 5,l(. ;967
I' r.' (()2) 258 157;
Maricopa County
Office of Procurement Services
December 19, 2013
Home Depot U.S.A., INC
2455 Paces Ferry Rd, Floor C-11
Atlanta, GA 30339
We are pleased to notify you that Maricopa County has renewed your contract to supply NIRO
SUPPLIES AND RELATED SERVICES as indicated on the attached award sheet with an effective
date of August 01, 2014.
In accordance with the bid specifications, purchasing documents will be forwarded to you covering the
specific items of this award, which will include deliveries and terms.
If you have any questions regarding Serial 11019-RFP please contact Derron Wasp at (602) 506-3823.
Sincerely,
Derron Wasp, Procurement Officer
Office of Procurement Services
DWiva
Attach.
cc: Office of Procurement Services
re: Serial 11019-RFP
PEASE SUBSTITUTE ATTACHED REVISED
PAGES TO SUBJECT CONTRACT.
DEC 1 9 2013
SERIAL 11019-RFP MRO SUPPLIES AND RELATED SERVICES
Contract - Home Depot U.S.A., INC
DATE OF LAST REVISION: December 19, 2013 CONTRACT END DATE: July 31, 2017
CONTRACT PERIOD THROUGH JULY 31, 2011 2017
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for MRO SUPPLIES AND RELATED SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on July 06, 2011 (Eff. 08/01/11).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Wes er,
Office of Pro
DW/ua
Attach
Copy to:
ieff P geurement Officer
ervices
Office of Procurement Services
Don .leffery, Facilities Management
Valerie Chavez, MCDOT
(Please remove Serial 0509I-RFP from your contract notebooks)
CONTRACT PURSUANT TO RFP
SERIAL. 11019-RFP
This Contract is entered into this sixth (6')') day of July, 2011 by and between Mancopa County ("County"), a
political subdivision of the State of Arizona, and Home Depot U.S.A. Inc, a Delaware corporation ("Contractor") for
the purchase of Retail Maintenance, Repair and Operating (MRO) commodities and related services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years, beginning on the first (1") day of August, 2011 and
ending the thirty-first (31") day of July, 2014 2017.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of three (3) years, (or at the County's sole
discretion, extend the contract on a month -to -month bases for a maximum of six (6) months after
expiration). The County shall notify the Contractor in writing of its intent to extend the Contract
term at least thirty (30) calendar days prior to the expiration of the original contract tern, or any
additional term thereafter.
2.0 FEE ADJUSTMENTS:
Retail prices or discounts off marked prices at point -of -sale (POS) are permitted to be adjusted
once per calendar year after the initial award, in conjunction with the Contractor's annual catalog
publication date.
Any requests for other reasonable pricing adjustments shall be submitted sixty (60) days prior to
the catalog publication date. If County agrees to the adjusted discounts, County shall issue written
approval of the changes.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sums stated in Exhibit "A."
3.2 For non -procurement card transactions, payment shall be made upon the County's receipt of a
properly completed invoice.
3.3 INVOICES (NON -PROCUREMENT CARD TRANSACTIONS):
3.3.1 The Contractor shall submit two (2) legible copies of their detailed invoice before
payment(s) can be made. At a minimum, the invoice must provide the following
information:
• Company name, address and contact
• County bill -to name and contact information
• Contract serial number
• County purchase order number
• Invoice number and date
SERIAL 11019-RFP
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
6.1.2 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
6.1.3 The scope of this indemnification does not extend to the sole negligence of County.
6.2 INSURANCE REQUIREMENTS:
6.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the
State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of
State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of County. The form of
any insurance policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this Contract.
6.2.3 Contractor's insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County's right to
coverage afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self -
insured retentions. Such deductible and/or self -insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self -insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self -insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
6.2.6 County reserves the right to request and to receive, within 10 working days,
certified copies of any or all of the herein required insurance certificates. County
shall not be obligated to review policies and/or endorsements or to advise
Contractor of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from. or be deemed a waiver of County's right to insist
on strict fulfillment of Contractor's obligations under this Contract.
6.2.7 The insurance policies required by this Contract, except Workers' Compensation,
shall name County, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
6.2,8 The policies required hereunder, except Workers' Compensation, shall contain a
waiver of transfer of rights of recovery (subrogation) against County, its agents,
representatives, officers, directors, officials and employees for any claims arising out
of Contractor's work or service.
6.2.9 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate
SERIAL 11019-RFP
Limit. The policy shall include coverage for bodily injury, broad form property
damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provision which would serve to limit
third party action over claims. There shall be no endorsement or modification of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
6.2.1() Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property
damage of not less than S2,000,000 each occurrence with respect to any of the
Contractor's owned, hired, and non -owned vehicles assigned to or used in
performance of the Contractor's work or services under this Contract.
6.2.11 Workers' Compensation:
6.2.11.1 Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of Contractor's employees engaged in
the performance of the work or services under this Contract; and
Employer's Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and $1,000,000 disease
policy limit.
6.2.11 2 Contractor waives all rights against County and its agents, officers,
directors and employees for recovery of damages to the extent these
damages are covered by the Workers' Compensation and Employer's
Liability or commercial umbrella liability insurance obtained by
Contractor pursuant to this Contract.
6.2.12 Certificates of Insurance.
6.2.12.1 Prior to commencing work or services under this Contract, Contractor shall
furnish the County with certificates of insurance, or formal endorsements as
required by the Contract in the form provided by the County, issued by
Contractor's insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this contract number and title.
6.2.12.1.1 In the event any insurance policy (ies) required by this Contract is
(are) written on a "claims made" basis, coverage shall extend for two
(2) years past completion and acceptance of Contractor's work or
services and as evidenced by annual Certificates of Insurance.
6.2.12.1.2 If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County fifteen (15) days prior to the
expiration date.
6.2.13 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
6.3 WARRANTY OF SERVICES:
6.3.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County's acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
SERIAL 11019-RFP
For Contractor:
Home Depot U.S.A., INC
Contract Manager
2455 Paces Ferry Road C-1 1
Atlanta, GA 30339
6.8 LANGUAGE FOR REQUIREMENTS CONTRACTS:
Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid will be a requirements contract. However, the Contract
does not guarantee any purchases will be made. It only indicates that if purchases are made
for the materials contained in the Contract, they will be purchased from the Contractor
awarded that item. Orders will only be placed when the County identifies a need and proper
authorization and documentation have been approved.
County reserves the right to cancel Purchase Orders within a reasonable period of time after
issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor but only for actual and documentable costs incurred by the Contractor due to
and after issuance of the Purchase Order. The County will not reimburse the Contractor for
any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment
of product prior to issuance of Purchase Order, etc.
Contractors agree to accept verbal notification of cancellation from the County Procurement
Officer with written notification to follow. By submitting a bid in response to this Invitation
for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
6.9 TERMINATION FOR CONVENIENCE:
The County reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of the County without penalty or recourse. Upon receipt of the written notice,
the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors
of the effective date of the termination and minimize all further costs to the County. The
Contractor shall he entitled to receive just and equitable compensation for work in progress, work
completed and materials accepted before the effective date of the termination.
6.10 TERMINATION FOR DEFAULT:
6.10.1 In addition to the rights reserved in the Contract, the County may terminate the Contract
in whole or in part due to the failure of the Contractor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance policies, bonds,
licenses and perniits, or to make satisfactory progress in performing the Contract. The
Procurement Officer shall provide written notice of the termination and the reasons for it
to the Contractor.
6.10.2 The County may, upon termination of this Contract, procure, on terms and in the manner
that it deems appropriate, materials or services to replace those under this Contract.
6.10.3 The Contractor shall continue to perform, in accordance with the requirements of the
Contract. up to the date of termination, as directed in the termination notice.
6.11 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the
benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the
County may terminate the Contract. If the Contractor should persistently or repeatedly
refuse or should fail, except in cases for which extension of time is provided, to provide
enough properly skilled workers or proper materials, or persistently disregard laws and
ordinances, or not proceed with work or otherwise be guilty of a substantial violation of any
SERIAL 11019-RFP
provision of this Contract, then the County may terminate the Contract. Prior to
termination of the Contract, the County shall give the Contractor fifteen- (15) calendar
day's written notice. Upon receipt of such termination notice, the Contractor shall be
allowed fifteen (15) calendar days to cure such deficiencies.
6.12 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract without
penalty or further obligation within three years after execution of the contract. if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S §38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating. negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.13 OFFSET FOR DAMAGES:
In addition to all other remedies at law or equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance under this contract.
6.14 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete products and/or services provided under this
Contract. If a requirement is deleted, payment to the Contractor will be reduced proportionately to
the amount of service reduced in accordance with the proposal price. If additional services and.lor
products are required from this Contract. prices for such additions will be negotiated between the
Contractor and the County.
6.15 RELATIONSHIPS:
In the performance of the services described herein. the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, partnership, principal and agent. or joint venture
between the District and the Contractor.
6.16 SUBCONTRACTING:
The Contractor may not assign this Contract or subcontract to another party for performance of the
terms and conditions hereof without the written consent of the County, which shall not he
unreasonably withheld. All correspondence authorizing subcontracting must reference the
Proposal Serial Number and identify the job project.
6.17 AMENDMENTS:
All amendments to this Contract shall be in writing and approvedsigned by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments t r
Maricopa County.
6.18 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW:
In accordance with section MCI 367 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this Contract for six (6) years after final
payment or until after the resolution of any audit questions which could be more than six (6)
years, whichever is latest. The County, Federal or State auditors and any other persons duly
SERIAL 11019-RFP
authorized by the Department shall have full access to, and the right to examine, copy and
make use of, any and all said materials.
if the Contractor's books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
If at any time it is determined by the County that a cost for which payment has been made is
a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The
course of action to address the disallowance shall be at sole discretion of the County, and
may include either an adjustment to future claim submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
6.19 AUDIT DISALLOWANCES:
6.19,1 If at any time, County determines that a cast for which payment has been made is a
disallowed cost. such as overpayment, County shall notify the Contractor in writing of
the disallowance. County shall also state the means of correction, which may be but shall
not he limited to adjustment of any future claim submitted by the Contractor by the
amount of the disallowance, or to require repayment of the disallowed amount by the
Contractor.
6.20 ALTERNATIVE DISPUTE RESOLUTION:
6.20.1 After the exhaustion of the administrative remedies provided in the Maricopa County
Procurement Code, any contract dispute in this matter is subject to compulsory
arbitration. Provided the parties participate in the arbitration in good faith, such
arbitration is not binding and the parties are entitled to pursue the matter in state or
federal court sitting in Maricopa County for a de novo deter nination on the law and facts.
if the parties cannot agree on an arbitrator, each party will designate an arbitrator and
those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve
as a panel to consider the arbitration. The parties will be equally responsible for the
compensation for the arbitrator(s). The hearing, evidence, and procedure will be in
accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days
of the completion of the hearing the arbitrator(s) shall:
6.19.1.1 Render a decision;
6.19.1.2 Notify the parties that the exhibits are available for retrieval; and
6.19.1.3 Notify the parties of the decision in writing (a letter to the parties or their
counsel shall suffice).
6.20.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s)
a proposed form of award or other final disposition, including any form of award for
attorneys' fees and costs. Within five (5) days of receipt of the foregoing, the opposing
party may file objections. Within ten (10) days of receipt of any objections, the
arbitrator(s) shall pass upon the objections and prepare a signed award or other final
disposition and mail copies to all parties or their counsel.
6.20.3 Any party which has appeared and participated in good faith in the arbitration
proceedings may appeal from the award or other final disposition by filing an action in
the state or federal court sitting in Maricopa County within twenty (20) days after date of
the award or other final disposition. Unless such action is dismissed for failure to
prosecute, such action will make the award or other final disposition of the arbitrator(s) a
nullity.
SERIAL 11019-RFI'
6.21 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.22 RIGHTS IN DATA:
The County shall own have the use of all data and reports resulting from this Contract without
additional cost or other restriction except as provided by law. Each party shall supply to the other
party, upon request, any available information that is relevant to this Contract and to the
performance hereunder.
6.23 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract. the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees perforniing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. I-9 forms are available
for download at USCiS.GOV.
6.24.2 The County retains the legal right to inspect contractor and subcontractor employee
documents perforniing work under this Contract to verify compliance with paragraph
6.23.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the
County's intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance arc the responsibility of the
Contractor.
6.24.3 This section is applicable to services provided in the state of Arizona only. The Contractor
shall comply with similar statutes that may have been enacted in other states.
RECARDING- COMPLIANCE WITH ARIZONA REVISED STATUTES
«35 391.O4 AND 35 393.96 B'U 11NE&E RELATIONS 1TIONS WITI I .S,UDAN AND IRAN4
6.25.I n. entef ng into the Contract the Cont faet„r oertifie,. a doe, .sot ha..v t:ov tinized-4te,ifiess
epeFatiens IF. Sadao ?,r lion.. Th.?. 23n$2ater ::hall zb a
eeTtifying—eflE3p1tan andShall-fufHish-the-statefnei4s-te-the-Pfeeurement-Qff-wef-upeft
fd . These . antie.• ;.hellsemain ; eff ct_through the term epf the Contract
6.25.2 T . C-ctir e e :ft of ocinFliance fer. 3? y centraot3r oc aub2::rtraetor
ram. r find that the Ce
c u:t:.::ld the- i33ity ;id: }.e�:t ..,. ,irxo-marmc-�. E.{ff8(itHr
3t in 22nch nc ', '.-lid-C-iktii{j+--may p'..r:iue any and ell
SERIAL 11019-RFP
law-. ieEludin b, bat nEt--limited to: e of wor of
.tie Contract f _ dcf „l« na , • p2t ..3n and!:, .
pEncil;ili'.y-of the Contractor-
6.26 CONTRACTOR LICENSE REQUIREMENT:
6.26.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non -governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both the Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
6.26.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract. shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.27 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.27.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
6.26.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.26.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for conunission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction: violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.26.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification: and
6.26.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
6.27.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
6.27.3 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
SERIAL 11019-RFP
6.28 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other non-federal government customer for these or similar services.
6.29 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
6.30 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable. the terms of this Contract shall prevail.
6.31 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of SAVE,
please so state in your proposal. In the absence of a statement to the contrary. the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
6.32 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's)
County currently holds ICPA's with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
6.33 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.33.1 Exhibit A, Pricing;
6.33.2 Exhibit R. Scope of Work:
6.34 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to
influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or
any ethical conduct, may be grounds for Disbarment or Suspension under MCI-902.
An attempt to influence includes, but is not limited to:
6.34.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.34.2 That is offered or given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy
provided by this contract.