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HomeMy WebLinkAbout25D - AGMT - CONSIGNMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2, 2020 TITLE: APPROVE AN AGREEMENT WITH SHAMROCK SUPPLY COMPANY, INC. TO PROVIDE A CENTRAL STORES CONSIGNMENT INVENTORY PROGRAM FOR A FIVE YEAR TERM IN AN ANNUAL AMOUNT OF $750,000, WITH PROVISIONS FOR TWO ONE-YEAR EXTENSIONS, FOR A TOTAL AGREEMENT AMOUNT OF $5,250,000 (INCLUDING THE TWO ONE- YEAR EXTENSIONS) (SPECIFICATION NO. 20-019) (NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Shamrock Supply Company Inc. to provide a consignment inventory program for a five-year period beginning July 1, 2020 and expiring on June 30, 2025, with provisions for two one-year extensions exercisable by the City Manager and the City Attorney, in an annual amount of $750,000, for a total agreement amount not to exceed $5,250,000, including renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION City facilities management recently transitioned from the Finance and Management Services Agency to the Public Works Agency. Central Stores is part of this operation. Central Stores operates under a consignment inventory program. Under this program, the selected vendor stocks the warehouse with inventory that remains their property until the inventory items are issued to end -users. A consignment inventory program for the Central Stores operation has provided several benefits, including reduced inventory costs, discounted pricing, and other soft cost savings. On February 24, 2020, the Public Works Agency issued a Request for Proposal (RFP) for qualified firms to provide maintenance, repair and operations (MRO) supplies on a consignment basis. Proposers were asked to submit proposals that would provide for stocking the Central Stores warehouse on a consignment basis. The RPF was advertised on the City's online bid management and publication system, with the bids due on March 18, 2020. Twenty-three vendors downloaded the project documents. One proposal was received and evaluated by a selection committee based 25D-1 Agreement with Shamrock Supply Company, Inc. June 2, 2020 Page 2 on criteria as outlined in the RFP. Shamrock Supply Company, Inc. received an average score of 93. Shamrock proposes to provide a micro -logistic approach to vendor -managed inventory for Central Stores by providing a Central Stores Storeroom model. The automated approach will allow staff to purchase supplies via an online portal or by accessing the storeroom equipped with the technology necessary to allow employees to check out supplies via a self -checkout station. The storeroom technology will be equipped to track each individual in the storeroom along with the supplies that are removed off the shelf. Due to storage space considerations, it is anticipated that reduced Central Stores inventories will be maintained on -site with back stock maintained off -site at Shamrock's main distribution center. Under the consignment program, Shamrock will stock the warehouse with inventory that will remain their property until the inventory items are issued to City staff. Shamrock will then invoice the City when inventory items are issued. This consignment inventory model continues to produce several operational efficiencies, such as reduction of obsolete MRO supplies and shrinkage costs, elimination of the need for maintaining a large inventory of MRO supplies, as well as streamlined Purchasing and Accounts Payable processes by reducing the number of contracts, purchase orders and invoices. Shamrock will be responsible for conducting regular inventories, and restocking items that fall below minimum inventory thresholds. In accordance with the RFP evaluation results, staff recommends awarding an agreement to Shamrock Supply Company, Inc. Shamrock has experience, has been servicing the City since 2012, and has proven experience performing similar services for other agencies. Due to their long- term commitment and investment in providing the City with a more automated approach, staff is in favor of a five-year term with two one-year renewal options. The proposal contained a clear path toward achieving City goals and objectives as required by the RFP. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds for the annual amount of $750,000 for this agreement will be included and available in the Fiscal Year 2020-21 proposed budgets and for future years in various departmental accounting units, under Miscellaneous Operating Expense account number, 63001. Exhibit 1: Agreement 25D-2 EXHIBIT 1 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 1st day of July, 2020 by and between Shamrock Supply Company, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having the special knowledge and ability to supply maintenance, repair and operations equipment and materials. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services delineated in Consultant's proposal and set forth in Exhibit A, attached hereto and incorporated by reference, and as described in the scope of services that was included in REP No. 20-019, which is attached as Exhibit B and incorporated in full. Consultant shall provide City with an extranet portal to place orders electronically. Consultant shall provide City, at no additional cost to City, an Opti-Crib solution as presented in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $5,250,000 (including extension periods). This sum shall be comprised of a not -to exceed annual amount of $750,000 during the initial five (5) year term of this agreement and for any extension periods exercised by the City per Section 3, below. Page 1 of 10 25D-3 b. Prices identified above shall remain fixed during the first six months of the Agreement and reviewed semi-annually (January/July). The Contractor shall provide an updated price list to the City. Price adjustments may be requested by Supplier based on manufacturer quotes/renewals, part number updates/changes, engineering specification changes, commodity/market changes, or items previously priced incorrectly. Product - specific adjustments shall be allowed `off -schedule' for materials reflecting a 4.0% or greater product manufacturer/supplier cost increase, and Consultant shall provide documentation verifying manufacturer/supplier cost increase. The Executive Director or their designee handling this Agreement shall provide written confirmation of the City's consent of the new prices at a at a rate not -to -exceed the percentage increase of the product manufacturer/supplier cost increase charged to the Consultant. c. Any increase in costs will not be reflected by a change in the overall compensation notes in Section 2.a., above. Any increase in compensation to Contractor shall require approval by the City Council. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a five (5) year term with the option for the City to grant up to two additional one-year terms, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical Page 2 of 10 25D-4 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Proprietary rights created, conceived, developed, and/or reduced to practice by Consultant and/or its subcontractors prior to the performance of services, including expressly the OptiCribTM storeroom management program, remain the proprietary rights of Consultant. For any pre-existing proprietary rights used, incorporated into, required for use, or provided with any services or materials to City, Consultant will make available to City a non-exclusive, irrevocable, perpetual, license for those pre-existing proprietary rights that are integral to the City's complete enjoyment of the services or materials provided in conjunction with this Agreement. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additionalinsured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 3 of 10 25D-5 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable Page 4 of 10 25D-6 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY The parties mutually agree that the receiving party shall hold in strict confidence the disclosing party's confidential information furnished herein, or reproduced or developed by the receiving party based on the disclosing party's confidential information for the greater of the following periods: (a) three (3) years from the date of receipt of the confidential information, (b) for so long as the confidential information constitutes trade secrets under applicable laws, or (c) until such time as the disclosing party provides notice that such information is no longer confidential. The receiving party agrees that it shall not use, disclose, reproduce, distribute, reverse engineer, or otherwise misappropriate disclosing party's confidential information and shall take no action that may cause, or fail to take any action to prevent causing, any confidential information to lose its character as confidential information. The receiving party's protective measures shall include the degree of care that the receiving party utilizes to protect its own trade secrets and confidential information of a similar nature, which shall be no less than reasonable care. Each party shall inform its respective authorized personnel of the confidentiality obligations under the Agreement. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations Page 5 of 10 25D-7 of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRINIINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 10 25D-8 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Notwithstanding any other provision in this Section 15, in connection with any expiration or termination of the Agreement, upon City's request, Consultant shall take all necessary and appropriate actions to accomplish a complete, timely, and seamless transition from Consultant to City, or to any third party service -providers designated by City, of services and materials provided in conjunction with this Agreement. The parties shall use commercially reasonable efforts to complete this transition within three (3) months after receipt of the notice of termination of this Agreement. Consultant, City, and any third party service -providers, shall confer and negotiate in good faith to reach mutual agreement on and to document a written plan that allocates responsibilities and describes the respective work of the parties for transition of services and provision of materials. The parties shall make every effort to re -purpose consigned inventories through `burn - down,' acquisition by third party service -provider, or similar, however City shall purchase remaining Consultant -consigned, program -specific inventories remaining at expiration or termination of the Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by Page 7 of 10 25D-9 the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 25D-10 To Contractor: Michael J. O'Connor President/CEO Shamrock Supply Company, Inc. 3366 E La Palma Ave Anaheim, CA 92806 Fax: 714-575-3639 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] Page 9 of 10 25D-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: U O Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Michael J. O' onnor President/CEO Page 10 of 10 25D-12 EXHIBIT A 25D-13 T9he y [�?l SII�gE�N�@°�y®pgCK SHAMROCK* SUPPLY CO. SHAMROCK *SUPPLY CO. SINGLE&POINT Compa EIeS HARDWARE • T OLS • SAME DE MEXICO A I L ' FERRETERIA•HERRAMIENTAS-SEGURIDAD March 18, 2020 Ms. Gabriela P. Lomeli Project Manager City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Regarding: Request for Proposal No. 20-019 Vendor Managed Inventory (VMI)/ Total Cost of Ownership (TCO) Reduction Programs Consignment Maintenance, Repair & Operations Supplies Shamrock Supply Company, Inc. Dear Gabriela: On behalf of Shamrock Supply Company, I want to thank you for the opportunity to present our solutions for supply chain management services and consignment inventory for MRO supplies and equipment in conjunction with City of Santa Ana Central Stores. As you may know, Shamrock Supply Company, Inc. has been serving the industrial supply requirements of businesses throughout Southern California for over thirty-five years, and has established itself as an innovative and agile distributor of a broad range of industrial products and services. We believe that our success has resulted in large part from the people -centered approach that we have taken in developing focused and responsive supply chain solutions for our customers, and we look forward to the continued development of our sourcing partnership. In response to your request, we have detailed aspects of our VMI programs, incorporating City of Santa Ana requirements described in the RFP and recommendations for continuous improvement that we have observed/developed, based upon our current support of Central Stores, including significantly information regarding our OptiCribTM solution — a powerful, new high-tech tool for managing B2B durable and consumable materials delivery in a 'frictionless' storeroom or warehouse environment — no attendants required. The system leverages artificial intelligence and high -definition optical sensors combined with precise weight -sensing technology to automate intelligence into on -the -shelf inventory levels, providing an accurate and continuously -available (24/7), total -accountability solution for efficient inventory management, with the City of Santa Ana pilot installation scheduled for late April/early May, 2020. It is our intention that these program details might structure our continued collaboration in designing and implementing successful and cost-effective supply chain solutions. Certainly, these details can be further refined to meet any additional requirements you may have. 25D-14 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.:20-019 VMIProgram/Value-Added Service Proposal March 18,2020 Paae 2 Gabriela, we recognize that you have several options available for industrial products and services, and we appreciate the opportunity to enhance our current service offering. We are confident that our program design, collaborative approach, and commitment to total cost of ownership (TCO) reduction align well with your goals for material availability and inventory management cost reduction and program implementation can be effected immediately, building upon our existing systems, processes, and personnel integration. We look forward to our continued discussion and to a successful program implementation. Thank you, again. Yours sincerely, Shamrock Supply Company, Inc. Michael J. O'Connor President/CEO 25D-15 /Vl Shamrock SHAMROCK SUPPLY CO. SHAMROCK SUPPLY CO. SINGLE POINT ■ CUm pan es •AR•WARE •T OEf • RAMY OF MEXKO ffRRfTERIw•NERMMIFNIA3•SfGUlI0A0 SHAMROCK SUPPLY COMPANY, INC. Founded in 1975, Shamrock Supply Co. is a general line industrial distributor of Tools, Hardware, and Safety/PPE supplies and equipment, based in Anaheim, CA with sales branches in Los Angeles, CA and Tijuana, M6xico, providing product sourcing/material support and supply chain services to customers in the utilities, aerospace, manufacturing, financial services, leisure and entertainment, governmental, education, and aviation market sectors. Company and Capability Overview Our Focus: To deliver total value and to create competitive advantage for the City of Santa Ana through industry expertise, innovation, flexibility, and client -centric approach Our Model: "Collaborative Commerce" A Proven, Innovative, Integrated Supply Partner — Shamrock Integrated Supply (SIS) has partnered with leading companies across industry for MRO products/services ■ A compelling model for MRO supply management, incorporating the unique strengths of leading, local distributors with the reputation for industry expertise, innovation, flexibility and customer -centric focus in the management and delivery of MRO products and services ■ A single point -of -contact for client contract management • A commercial partnership, marked by a spirit of trust and collaboration, designed to increase operational efficiencies and to promote mutual benefit by leveraging the core competencies of partner organizations across the supply chain ■ Benefits: Promotes customer satisfaction, an atmosphere of goodwill among supply chain partners, open communication, sharing of information, cost reduction, flexibility, and continuous improvement in such areas as product design and quality, product supply, inventory reduction strategies, logistics, emergency response, administrative processes, and the development and utilization of WMDVBE subcontractors • Product Sourcing Expertise — SIS has developed leading sourcing partnerships with 5,000+ domestic manufacturing/global sourcing partners and related product knowledge to successfully support emergent requirements and to deliver innovative product/safety solutions 25D-16 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No. 20-019 Company and Capability Overview March 18, 2020 Page 2 Supply Management Solutions: VMI Programs, JIT Product Delivery, On -Site Sourcing & Materials Management, On -Site Storeroom/Satellite Inventory Management, Consignment Inventory, Integrated Supply Solutions OptiCribTm Frictionless Storeroom Management: OptiCribTM revolutionizes storeroom management, powering seamless and friction -free inventory management within the industrial and commercial supply space, utilizing ruggedized high -definition optical sensors combined with precise weight -sensing technology to automate intelligence into on -the -shelf inventory levels, providing an accurate and continuously -available (24/7), total -accountability solution for the efficient management of durable and consumable materials. Local Inventory/Logistics Support — Dedicated, local warehousing to the City of Santa Ana, multi -million dollar MRO inventories, and direct sourcing relationships with stocking manufacturers throughout Southern California to ensure on -time material delivery and project up -time o Over 5,000 actively -managed domestic supplier relationships guarantee a product line, unequaled in breadth and depth, to ensure uninterrupted material support for maintenance, repair, and operations (MRO) requirements Product Segmentation: Abrasives/Cutting Tools, Adhesives/Tapes, Building Materials, Communications, Electrical/Lighting, Fasteners/Hardware, Hand/Power Tools, Lubricants/Sealants, Lumber, MRO/Janitorial, Packaging, Paint/Sundries, Pole Line Hardware, Plumbing/PVF, Pumps, Compressors & Generators, Safety/PPE, Security, Signage & Marking, Storage & Material Handling, Testing, Welding/Soldering... and more! e-Commerce Options: Client Syndicated Web -based Product Catalogue with Customized Product Content and Secure Client Access o Client -specific web -based product cataloguing and electronic material requisition functionality, including "Personal Shopper" feature o Benefits: City of Santa Ana ERP Integration, Multi -department MR Process Standardization/Optimization (including e-Approval Facilitation), User- defined/specific MR "Quick Reference" Lists, Product Standardization/ Specification Detail, Material Usage Reporting/Budget Control Experienced Account Management John Cassidy, Account Administrator and Outside Contact ® 30+ years in MRO distribution ® Manager of Key Accounts, including Boeing, LADWP, the City of Los Angeles, etc. Amanda Abarca, Customer Service/Inside Account Manager Dedicated COSA Direct Contact 2+ years dealing directly with COSA as customer service, accounting, and inside sales contact ® Prime inside account manager for key VMI customers 25D-17 S'":�r®�k SHAMROCK SUPPLY CO. SHAMROCK TSUPPLY CO. SINGLE&POINT Companies HARDWARE C T OLS SAFETY DE MEXICO f ERRETERIA-HERRAMIENTAS•SEGIIRINAD VENDOR -MANAGED INVENTORY (VMI) PROGRAM CITY OF SANTA ANA CENTRAL STORES Program Overview/Scope of Services The purpose of the VMI program is to establish a mutually -beneficial framework for management of facilities maintenance -related consumable materials and enhancement of inventory management and requisition for the City of Santa Ana Central Stores, enabling sourcing partners to focus upon their respective core competencies and to successfully leverage the power of their joint operations to increase operational efficiency by optimizing consumable material delivery at point -of -use and reducing total cost as it pertains to indirect materials management. To accomplish these goals, Shamrock proposes to provide `micro logistics' services for the City of Santa Ana on an on -going basis, including vendor -managed inventory for Central Stores and departmental -specific satellite inventory locations, as applicable, comprising approximately 650+ consumable SKU's. Due to storage space considerations, it is anticipated that reduced Central Stores inventories will be maintained on -site with backstock maintained off -site at Shamrock's main Distribution Center (Anaheim, CA) for inventory replenishment. Inventory replenishment services will be provided on -site at a minimum of 1X/week (or as requested by the City of Santa Ana) by program- and account -specific Shamrock personnel, utilizing electronic material tagging (i.e., bar coding) and data capture technologies to facilitate client -defined material usage reporting and inventory management. (It is anticipated that additional inventory management time on -site will be required in the early weeks of program implementation to complete configuration/set-up of inventory locations, including significantly those associated with implementation of the OptiCribTM frictionless storeroom management pilot and to minimize any material flow impacts.) Inventory accessibility at point -of -use through Shamrock-managed/replenished inventory stores is anticipated to fulfill primary program goals as described above. Material requisition of emergent and/or unplanned materials (including additional quantities of point -of -use materials) can be made to Shamrock via telephone/FAX and/or preferably through a customized on-line web -based product catalogue/MR process with worksite-/requisitioner-specific delivery, as required. Further process enhancement is anticipated due to reduced requirements for supply chain activities for the City of Santa Ana personnel in the areas of procurement, receiving/put-away, accounting, IS, etc. Program Advantages 25D-18 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.:20-019 VMI ProgramNatue-Added Service Proposal March18.2020 Paoe2 • Enhanced supply chain management • Single source of supply (i.e., supplier consolidation) • Enhanced flexibility of production scheduling/operator productivity • Elimination of inventory stock-outs/Reduced inventory lead-times • Reduced inventory carrying costs (i.e., 'smart' inventory) • Reduced accounting requirement/Consolidated invoicing • Instant point -of -use material availability/Automatic replenishment • Increased budget control/Material usage tracking • Receiving/Put-away requirement reduced/eliminated • Reduced procurement activity Contract Goals • Provide quality products/supply chain management services that promote workforce productivity and safety • Deliver products in a timely manner to ensure up-time/continuity of operations • Integrate operations with Arrowhead's to ensure ease of business and to be recognized as a value-added resource • Streamline operations to fulfill TCO reduction • Secure a long-term/mutually profitable partnership Inventory Replenishment ModellProcess Flow Responding to the continued evolution of inventory management models, Shamrock has tailored its vendor -managed inventory processes to meet the requirements of 'demand-pull' or similarly 'just -in -time' operations. We have systems in place to manage inventories, release them when signaled, and then replenish them according to customer -specific planning and/or actual usage. For this program, we propose a Central Stores Storeroom model, incorporating supplier - consigned inventory for Central Stores. In this model, the City of Santa Ana and Shamrock will identify desired inventory stocking levels, based upon historical usage, for Central Stores. Shamrock will consign and manage Central Stores inventories for point -of -use distribution to the City of Santa Ana requisitioners (i.e., point of purchase/title transfer) from Central Stores, supported by additional dedicated inventories at Shamrock's main DC for replenishment, as determined. This model provides active management of on -site Central Stores inventories, ensuring inventory availability at point -of -use and for non -planned usage, etc., while also addressing reduced storage space considerations. Inventories will be managed through visual inspection with necessary replenishment processed electronically. 25D-19 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.:20-019 VMIProgram/Value-AddedService Proposal March 18.2020 Total Cost of Ownership (TCO) Reduction/Reporting Shamrock will make available to the City of Santa Ana standard reports containing purchasing and inventory information associated with this program. Furthermore, customized material usage reporting by department will be provided, and Shamrock IT personnel will develop report specifications in conjunction with the City of Santa Ana department managers. Additionally, in our effort to strive for continuous improvement, Shamrock will provide documented TCO reduction reporting. Presentation of TCO documentation will be presented periodically, during performance review meetings, between Shamrock and the City of Santa Ana. Continuous Improvement Opportunities ® Tri-Lateral Agreements with Manufacturers ® Product Standardization ® New Product Education and Training ® Safety Programs/Training ® On -going Process Review/Enhancement Support As your business partner, Shamrock is committed to delivering innovative, value-added supply chain solutions designed to improve your processes and to assist you with cost management. To that end, Shamrock will provide experienced technical support and product training to help eliminate production down time and continuously work to refine the program's effectiveness. Plus, with an experienced sourcing department, we are in a position to respond to any unique requirements or unforeseen production needs. Pricing In light of our commitments to TCO reduction and cost containment, Shamrock makes every effort to ensure that material pricing (i.e., 'first cost') is market -competitive and that special pricing arrangements and contract terms are optimized. Through management of inventory levels on repetitive products/bulk purchasing, product standardization, tri-lateral agreements with manufacturers, etc., Shamrock strives to maintain static material costs, where possible. For this program, a fixed SKU price will apply to all contract material. Material pricing will be reviewed semi-annually (January/July) to reflect manufacturer price increase/decrease and/or market volatility, and documentation of supplier pricing increases, where applicable, will be provided to substantiate requested price increases. Material pricing increases resulting from force majeure (e.g., acts of God, natural disaster, war, political unrest, etc.) in excess of 5.00% 25D-20 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.:20-019 VMI Program/Value-Added Service Proposal March 18,2020 will be submitted immediately upon notification. Amended pricing will become effective for all new purchases fifteen (15) days following submittal of price amendment(s). 25D-21 APPENDIX ATTACHMENT 3 — AFFIDAVIT (Title 23 United States Code Section i112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, part pership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER'has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of L47� Subscribed and swom to (or affirmed) before me on this day of J�1 , 20� by proved to me on the basis of satisfactory evidence to be the person) who appeared before me. ANDREW S. CHOI COMM.=10439 9 NOTARY PUBUC a CAUFORMA g ORANGE COU0.NTY Comm. irea qu N.2021 Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE 17ONSIDERED NONRESPONSIVE. City of Santa Ana RFP 20-0191 Attachment 3 25D-22 APPENDIX ATTACHMENT 4 — NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 3- No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer ot! employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employe of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been (Paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,600 and that all such sub recipients shall certify and disclose accordingly. Firm Shamrock Supply Signed and Printed Name: Title Sales Manager Date 03/17/2020 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. of Santa Ana RFP Attachment 4 25D-23 APPENDIX ATTACHMENT 5 —NON-DISCRIMINATION CERTIFICATION The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant f?r employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to !insure that applicants are employed, and that employees are treated during employment without, regard to their race,color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous Maces, available to employees and applicants for employment, notices to be provided setting forth the provisions of thi, nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees laced by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment Without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workerswith which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 1 1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant th�reto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 o September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 20-019 Attachment 5 (Page 1 of 2) 25D-24 APPENDIX ATTACHMENT 5 — 7. The Contractor shall include the portion of the sentence immediately paragraphs (1) through (7) in every subcontract or purchase order unle the Secretary of Labor issued pursuant to Section 204 of Executive Or provisions will be binding upon each subcontract or purchase order as tl enforcing such provisions, including sanctions for noncompliance; prop becomes involved in, or is threatened with, litigation with a subcontract administering agency, the Contractor may request that the United States of the United States. CERTIFICATION eceding paragraph (1) and the provisions of exempted by rules, regulations, or orders of r 11246 of September 24, 1965, so that such administering agency may direct as means of ed, however, that in the event the Contractor or vendor as a result of such direction by the fter into such litigation to protect the interests 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status; or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: g Sales Manager Firm: Shamrock Supply Date: 03/17/2020 THIS FORM MUST BE COMPLETED AND INCLUDED (WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Tanta Ana RFP 20-019 ment 5 (Page 2 of 2) 25D-25 APPENDIX ATTACHMENT 6 — AGREEMENT S+ ATEMENT Proposer understands that the Proposer will enter into an Agreement sim`Ilar Appendix of this RFP. If a Proposer is unwilling or unable to execute an notified of selection under this RFP, the City reserves the right to select tho Proposals, whichever the City deems most appropriate. to that as shown in Attachment 2, in the greement within thirty (30) days after being next most qualified Proposer or call for new Proposer concurs to the statements in the sample agreement, with the exception of the following: Shamrock Supply takes no exceptions to the sample agreement and concyrs to the statements therein. I Firm Name Shamrock Supply Printed Name: John Signature: 0 Titl Ie: Sales Manager late: 03/17/2020 THIS FORM MUST BE COMPLETED AND INCLUDED WIT H THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE (JONSIDERED NONRESPONSIVE. Santa Ana RFP Attachment 6 25D-26 APPENDIX ATTACHMENT 7—RE. List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. IThe City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: SOUTHERN CALIFORNIA EDISON Address: 501 S. Marengo Avenue Alhambra, CA 91802 Contract Amount: $25M/Annum (Total Contract) Description of supplies, equipment, or services provided: Vendor -managed Inventot ram for Tools, Hardware and Ec Reference Customer Name: THE STUDIOS AT PARAMOUNT Address: 5555 Melrose Avenue Los Angeles, CA 90038 Contract Amount: $3.5M/Annum Description of supplies, equipment, or services provided: VMI Program w/Consignment Inventory and On -Site Product Sourcin Reference Customer Name: NATIONAL OILWELL VARCO Address: 743 N. Eckhoft Street Orange, CA 92868 Contract Amount: $250K/Annum Description of supplies, equipment, or services provided: VMI Contact Individual: Aaron Moreno. Senior Phone Number: E Facsimile Number: Year: 2000-2020 lent for Construction anc Business Unit Contact Individual: At Valdez, Director, Studio Operations Phone Number: 321956-1676 Facsimile Number: Year: 2015-2020 Personnel) for Studio Supply Center, supporting Facilities Maintenance Contact Individual: Melisssa Prenger, Supplier Account Manager Phone Number: 71456-1477 i Facsimile Number: Year: 2009-2020 and Automated Product Vending Machines for Production -related Materials and Safety/PPE THIS FORM MUST BE COMPLETED AND INCLUDED ITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE C NSIDERED NONRESPONSIVE. Tanta Ana RFP 20-019 Attachment 7 25D-27 T O � C N r� C 9 N h aU+ � � N b 00 y V c y C L T � Q w O C N O cn W O 7 CO G U C ,0 u R ^y C4 Fri c to ccnn oc z o. E y Ocd O E o L H (e E Q ¢ a y ai r. o ° 8 °n o G m a.1 O 0 T G C p i e (� C � ctl O C �O N O U Utl U = O 0. r 0 0. 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J J W U Z Z m m CC U CC Z Q U Q Z a p N X Z LL O W LL W W W O �- O 6 W 5 L W Q 0 W \ O lD J Q V U K 0 C U N CC U Co U lI..II .-I U U Ln n co cn m n n n n N cc ONO filW m 0 0 N co LLLL � C c E U �m N Q 25D-32 APPENDIX ATTACHMENT 8 — PRICING C. Financial Incentives. List any financial incentives (rebates, etc.) D. Escalation Clause: Pricing increases, if any, shall not exceed the annual Consumer Price Index (CPI). Any anticipated increases must be submitted ninety (90) days prior to the annual renewal date with supporting documentation and will require prior approval by the City. PROPOSER Shamrock Supply Company SIGNATURE: NAME: TITLE: CEO%tesc(en� DATE: 03 f M By my signature above, I, Micl;'� Ui CawwC (Name), (Title), of Sic mtb �� o(� (Business Name), hereby certify under penalty of perjury under the laws of the State of California, that I am officer or employee of the organization with authority to obligate the organization. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 20-019 Attachment 8 25D-33 APPENDIX ATTACHMENT 9 — ADDITIONAL QUALIFICATIONS Proposer's Additional Statement of Qualifications The City will evaluate Attachment 9 — "Additional Qualifications Worksheet" for Proposer's provision of any of the following three (3) value -add service categories. Proposer may select one or more categories for which Proposer can perform. Proposer must complete Attachment 9 — "Additional Qualifications Worksheet" for consideration. Catgory 1: End -User Functionality (circle Yes or No) ® NO Can Proposer provide online ordering capabilities through a dedicated portal, displaying contract pricing? Catgory 2: Vending Machine Solution or Other Solutions (circle Yes or N') YES NO Can Proposer provide an electronic supply vending machin solution? ES NO Does electronic supply vending machine solution have the functionality multiple users? to track NO Can you provide other similar solutions? Catgory 3: Inventory Controls (circle Yes or No) YES NO Can Proposer provide scheduled on -site visits to inventory expendable hardware and supplies? The frequency of each visit shall b� month or as otherwise requested by the Authority. facilities no less than once a YES N Is there Additional Cost for Category 1? If so, what is the co t? Yes No Is there Additional Cost for Category 2? If so, what is the co t? YES NO Is there Additional Cost for Category 3? If so, what is the cos ? PROPOSER SIGNATURE: NAME: John Cassidy TITLE: Sales Manager DATE: 03/17/2020 THIS FORM MUST BE COMPLETED AND INCLUDEDiWITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE dONSIDERED NONRESPONSIVE. Tanta Ana RFP Attachment 9 25D-34 r F n� a) cr,f6 to F O N N O Q M Lo 00 n vCD n z s v o a In 9i w 0 25D-35 m O co N O) S u Q m E m a m J w co M M APPENDIX ATTACHMENT 8 — PRICING R. Percentage -Off List Price Per Category. Provide the percentage -off list price for the categories listed below as applicable. Include a link to current list pricing or attach documents. Proposers who are unable to provide at least 75% of the categories listed below mIay be disqualified at the discretion of the City. Category % Discount Abrasives 47 Adhesives, Sealants and Tape Cleaning 15 Electrical 2' Fasteners 57 Fleet and Vehicle Maintenance 43 Hand Tools 43, Hardware 3 HVAC and Refrigeration 7 Lighting 3 Lubrication 1l1 Machining 57' Material Handling 30I Outdoor Equipment 5 Paint, Equipment and Supplies 141 Plumbing 10 Pneumatics 21' Power Tools 35 Power Transmission 211 Pumps 1Q Raw Materials 51 Safety 5 Security 5, Test Instruments 51 City of Santa Ana RFP 20-019 j Attachment 8 25D-36 ADDENDUM -� VShamrock Companies SHAMROCK�U SPPLY CO. HAROwARE •TOOLS SAFETY SHAMROCK+�SUPPLY CO. DE MEKICO TERRETERIA HERMMIENTAS SEOURIDAD ::.The SGLE®POINT IN VENDOR -MANAGED INVENTORY (VMI) PROGRAM CITY OF SANTA ANA CENTRAL STORES Program Overview/Scope of Services The purpose of the VMI program is to establish a mutually -beneficial framework for management of facilities maintenance -related consumable materials and enhancement of inventory management and requisition for the City of Santa Ana Central Stores, enabling sourcing partners to focus upon their respective core competencies and to successfully leverage the power of their joint operations to increase operational efficiency by optimizing consumable material delivery at point -of -use and reducing total cost as it pertains to indirect materials management. To accomplish these goals, Shamrock proposes to provide 'micro logistics' services for the City of Santa Ana on an on -going basis, including vendor -managed inventory for Central Stores and departmental -specific satellite inventory locations, as applicable, comprising approximately 650+ consumable SKU's. Due to storage space considerations, it is anticipated that reduced Central Stores inventories will be maintained on -site with backstock maintained off -site at Shamrock's main Distribution Center (Anaheim, CA) for inventory replenishment. Inventory replenishment services will be provided on -site at a minimum of 1X/week (or as requested by the City of Santa Ana) by program- and account -specific Shamrock personnel, utilizing electronic material tagging (i.e., bar coding) and data capture technologies to facilitate client -defined material usage reporting and inventory management. (It is anticipated that additional inventory management time on -site will be required in the early weeks of program implementation to complete configuration/set-up of inventory locations, including significantly those associated with implementation of the OptiCribTM frictionless storeroom management pilot and to minimize any material flow impacts.) Inventory accessibility at point -of -use through Shamrock-managed/replenished inventory stores is anticipated to fulfill primary program goals as described above. Material requisition of emergent and/or unplanned materials (including additional quantities of point -of -use materials) can be made to Shamrock via telephone/FAX and/or preferably through a customized on-line web -based product catalogue/MR process with worksite-/requisitioner-specific delivery, as required. Further process enhancement is anticipated due to reduced requirements for supply chain activities for the City of Santa Ana personnel in the areas of procurement, receiving/put-away, accounting, IS, etc. Program Advantages 25D-37 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.: 20-019 VMI Program/Value-Added Service Proposal March 18, 2020 Page 2 • Enhanced supply chain management • Single source of supply (i.e., supplier consolidation) • Enhanced flexibility of production scheduling/operator productivity • Elimination of inventory stock-outs/Reduced inventory lead-times • Reduced inventory carrying costs (i.e., 'smart' inventory) • Reduced accounting requirement/Consolidated invoicing • Instant point -of -use material availability/Automatic replenishment • Increased budget control/Material usage tracking • Receiving/Put-away requirement reduced/eliminated • Reduced procurement activity Contract Goals • Provide quality products/supply chain management services that promote workforce productivity and safety • Deliver products in a timely manner to ensure up-time/continuity of operations • Integrate operations with Arrowhead's to ensure ease of business and to be recognized as a value-added resource Streamline operations to fulfill TCO reduction • Secure a long-term/mutually profitable partnership Inventory Replenishment Model/Process Flow Responding to the continued evolution of inventory management models, Shamrock has tailored its vendor -managed inventory processes to meet the requirements of 'demand-pull' or similarly 'just -in -time' operations. We have systems in place to manage inventories, release them when signaled, and then replenish them according to customer -specific planning and/or actual usage. For this program, we propose a Central Stores Storeroom model, incorporating supplier - consigned inventory for Central Stores. In this model, the City of Santa Ana and Shamrock will identify desired inventory stocking levels, based upon historical usage, for Central Stores. Shamrock will consign and manage Central Stores inventories for point -of -use distribution to the City of Santa Ana requisitioners (i.e., point of purchase/title transfer) from Central Stores, supported by additional dedicated inventories at Shamrock's main DC for replenishment, as determined. This model provides active management of on -site Central Stores inventories, ensuring inventory availability at point -of -use and for non -planned usage, etc., while also addressing reduced storage space considerations. Inventories will be managed through visual inspection with necessary replenishment processed electronically. 25D-38 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.: 20-019 VMI Program/Value-Added Service Proposal March 18, 2020 Page 3 Total Cost of Ownership (TCO) Reduction/Reporting Shamrock will make available to the City of Santa Ana standard reports containing purchasing and inventory information associated with this program. Furthermore, customized material usage reporting by department will be provided, and Shamrock IT personnel will develop report specifications in conjunction with the City of Santa Ana department managers. Additionally, in our effort to strive for continuous improvement, Shamrock will provide documented TCO reduction reporting. Presentation of TCO documentation will be presented periodically, during performance review meetings, between Shamrock and the City of Santa Ana. Continuous Improvement Opportunities • Tri-Lateral Agreements with Manufacturers • Product Standardization • New Product Education and Training • Safety Programs/Training On -going Process Review/Enhancement Support As your business partner, Shamrock is committed to delivering innovative, value-added supply chain solutions designed to improve your processes and to assist you with cost management. To that end, Shamrock will provide experienced technical support and product training to help eliminate production down time and continuously work to refine the program's effectiveness. Plus, with an experienced sourcing department, we are in a position to respond to any unique requirements or unforeseen production needs. Pricing In light of our commitments to TCO reduction and cost containment, Shamrock makes every effort to ensure that material pricing (i.e., 'first cost') is market -competitive and that special pricing arrangements and contract terms are optimized. Through management of inventory levels on repetitive products/bulk purchasing, product standardization, tri-lateral agreements with manufacturers, etc., Shamrock strives to maintain static material costs, where possible. For this program, a fixed SKU price will apply to all contract material. Material pricing will be reviewed semi-annually (January/July) to reflect manufacturer price increase/decrease and/or market volatility, and documentation of supplier pricing increases, where applicable, will be provided to substantiate requested price increases. Material pricing increases resulting from force majeure (e.g., acts of God, natural disaster, war, political unrest, etc.) in excess of 5.00% 25D-39 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.: 20-019 VMI Program/Value-Added Service Proposal March 18, 2020 Page 4 will be submitted immediately upon notification. Amended pricing will become effective for all new purchases fifteen (15) days following submittal of price amendment(s). Freight Material delivery is normally quoted FOB the City of Santa Ana in conjunction with the consignment inventory program, however in some instances (e.g., special orders, bulk items, etc.) freight charges may apply: FOB manufacturer's location. In this case, material pricing would be based on actual method of shipment. When rush shipments are required for reasons not caused by Shamrock, a rush order delivery charge of $55.00 will apply. Whenever possible, all materials will be delivered within the time frame designated by the City of Santa Ana's requisitioner. If any materials cannot be delivered within the requested time frame, Shamrock will promptly communicate the earliest possible delivery date to the City of Santa Ana. Invoicing and Payment Terms Invoicing for materials procured through the VMI Program will be consolidated and delivered on a semi-monthly basis (i.e., 2X/month) to the billing location directed by the City of Santa Ana. Invoices will specify the materials purchased by the City of Santa Ana during the respective billing cycle and shall reflect any credits for product returns or other adjustments. Payment of such invoices shall be made by the City of Santa Ana no later than thirty (30) days from the date of invoice. 25D-40 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.: 20-019 VMI Program/Value-Added Service Proposal March 18, 2020 Page 5 The City of Santa Ana General Stores Tiered Pricing Model (Proposed) Contract Materials For designated contract materials (e.g., actively -managed by SSC at COSA General Stores), a fixed unit price by item model is proposed, based upon application of a fixed margin applied to the manufacturer's/supplier's material cost to establish the fixed unit price. Based upon COSA's annual purchase volume of a contract SKU, a two-tier margin is proposed with different margin applied to SKU's reflecting an annual purchase volume less than or greater than $10,000, for example. Contract material pricing to be reviewed/updated semi-annually (January/July) with a 12-month look -back. This model provides the following advantages to COSA: material pricing stability, market - favorable pricing for COSA volume -intensive materials, diminished requirement for material pricing management/competitive analysis, etc. Similarly, for non-contract/special order materials, a fixed margin model is available, based upon COSA purchase order line value, given lack of annual demand data for one-off, project - related materials. This model provides the following advantages to COSA: enhanced job cost estimating, market -favorable pricing, automated PO pricing management, etc Contract Duration Shamrock Supply would like to extend the original proposed duration of the contract of 3 Years with 2 additional renewal periods to a 5 Year contract with 2 additional renewal periods. 25D-41 SHAMROCK SUPPLY COMPANY, INC. City of Santa Ana RFP No.: 20-019 VMI Program/Value-Added Service Proposal March 18, 2020 Page 6 The City of Santa Ana GeneradStores Extranet Portaa The Shamrock Supply Extranet is a publicly accessed Internet site that allows customers to view privileged information once logged in using a Username and Password. The Extranet is an extension of the public website found at http://www.shamrocksupply.com as it uses the same resources (server, database, etc) and extends the information normally available to the public with information that is tailored to the logged -in user (i.e. information specific to the user's company). One of the benefits of working with the Extranet is the ability to access items that are identified as part of a material agreement, or contract, with Shamrock Supply. Yet the site also allows users to search the entire product catalog, which consists of approximately 2 million items, without the need to logout or make any special adjustments. 25D-42 EXHIBIT B 25D-43 REQUEST FOR PROPOSALS (RFP) NO. 20-019 FOR MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES ON CONSIGNMENT BASIS CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Gabriela P. Lomeli Project Manager Phone: (714)565-2692 (Office) Email: glomeli(a),santa-ana.org Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Pre -Proposal Meeting (optional): Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Nabil Saba, PE Interim Executive Director Public Works Agency Monday, February 24, 2020 Tuesday, March 3, 2020 at 9:00 a.m. Friday, March 6, 2020 at 5:00 p.m. Wednesday, March 18, 2020 at 2:00 p.m. Tuesday, May 19, 2020 25D-44 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Maintenance, Repair and Operations Supplies on a Consignment Basis. Responses to this Request for Proposals (RFP) will be accepted until Wednesday, March 18, 2020. Proposals received after this date/time will not be considered. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than Wednesday, March 18, 2020 at 2:00 p.m. Proposals received after this date/time will not be considered. Additionally, it is a requirement that four hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following: "SEALED PROPOSAL FOR MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES ON CONSIGNMENT BASIS RFP NO.20-019 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL" City of Santa Ana Attn: Gabriela P. Lomeli Public Works Agency; M-22 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. For further instructions regarding hard copy submission proposals, refer to PlanetBids. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. 25D-45 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION IL PROPOSAL TERMS AND CONDITIONS M. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION A. EVALUATION AND RATING B. SELECTION VI. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VIL IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VIIL PUBLIC RECORDS IX. EXPARTE COMMUNICATIONS X. CONFLICT OF INTEREST APPENDIX ATTACHMENT I: ATTACHMENT 2: ATTACHMENT3: ATTACHMENT 4: ATTACHMENT5: ATTACHMENT 6: ATTACHMENT 7: ATTACHMENT 8: ATTACHMENT 9: ATTACHMENT 10: SCOPE OF WORK SAMPLE AGREEMENT NON -COLLUSION AFFIDAVIT NON -LOBBYING CERTIFICATION NON-DISCRIMINATION CERTIFICATION AGREEMENT STATEMENT REFERENCES PRICING ADDITIONAL QUESTIONS PROPOSER'S STATEMENT 2 3 5 7 9 9 9 10 10 11 City of E24Qa fig 20-019 `� e Tw I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana ("City") seeks proposals to obtain the services of a qualified firm to provide maintenance, repair and operations supplies on a consignment basis. Electronic Proposal Submittal and Signature: Four [4] hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications shall be limited to a maximum of twenty (20) double -sided pages (excluding front and back covers; section dividers; and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Responsiveness to the RFP 2. Qualifications and Experience 3. Pricing TOTAL: MAXIMUM EVALUATION POINTS 30 30 40 100 The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined instructions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Project Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. City of Santa Ana RFP 20-019 29 LDF247 Pre -proposal Meeting (Mandatory) A pre -proposal meeting is not scheduled. All questions related to this RFP are to be submitted via Planetbids by Thursday, February 6, 2020 at 5:00 p.m. IL PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime- subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. F. DRUG -FREE WORKPLACE City of Santa Ana RFP 20-019 29 LDF348 The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts G. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. H. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. L LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. J. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded City of Santa Ana RFP 20-019 2900449 successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the REP. III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in REP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications to the City shall be made only in writing to the Q&A section located in PlanetBids by the deadline provided. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this REP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at httos://www.olanetbids.com/portal/oortal.cfm?Comr)anvlD=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Contractor shall obtain at its sole cost and expense all licenses, permits, and approvals that may be required by law for the performance of the services required by this REP. Contractor shall have the sole obligation to pay any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor's performance of the services required by this RFP and the resulting agreement. F. INSURANCE City of Santa Ana RFP 20-019 290550 The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal be scheduled, the date, time and location is identified on the cover page of this REP. The meeting will include discussion of the project scope and a question - and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this REP, as described above in "Section D: Addenda." L CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the REP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Bidders may file a "protest" to an RFP with the City's Purchasing Department. hi order for a Bidder's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website. 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. City of Santa Ana RFP 20-019 29 LDF651 If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered. IV. SUBMITTAL REQUIREMENTS A. GENERAL 1. Proposals will be accepted electronically as specified in: REP SECTION I - INTRODUCTION / Electronic Proposal Submittal and Signature 11. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, are specified in REP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this REP. Colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the REP instructions, responsiveness to the REP requirements, and on completeness and clarity of content. Dividers and clear organization of content and material are encouraged. A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Companv Background: Proposal shall provide an introduction and general description of the company's background, nature of business activities, and experience in MRO supplies, consignment inventory, and product support services. City of Santa Ana RFP 20-019 29 LDF'52 d. Supplier Facilities: Describe the range of activities performed by the facilities/location(s) and provide a detailed breakdown of the capabilities and resources available. e. Supplier Organization and Staffing: This section should describe the proposer's organization and representation team. The narrative should include the name of staff, their background and qualifications, and their role in providing representation to the City. f. Account Management: Indicate the name and title of the person who will have the overall account management responsibility as specified in this REP. Provide a brief resume of the account manager's background, training, experience and length of time with the company. Specifically, discuss the individual's experience in managing a program of similar size and scope as described in this REP. g. Organization Chart: Provide an organizational chart, including functions and responsibilities of your company's recommended account management team for the City. h. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this REP. 3. PRICING: (i) Proposers are required to provide pricing on all items on the Bid List (Exhibit 1), which is a sample. The Bid List is meant to be a representative sample of the types of items purchased by the City and includes the estimated annual usage for each item. (ii) For each product category, proposers are asked to enter a percentage discount form the Manufacture (iii)Pricing shall remain firm for the entire Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the Contract Manager in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to approve or deny any pricing adjustments. The City shall enforce, adjust, or cancel escalating price agreements as it sees fit. The net dollar amount of profit shall remain firm during the period of this agreement. Adjustments increasing the proposers profit shall not be allowed. City of Santa Ana RFP 20-019 29 LDF853 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3: Non -Collusion Affidavit • Attachment 4: Non -Lobbying Certification • Attachment 5: Non -Discrimination Certification • Attachment 6: Agreement Statement • Attachment 7: References • Attachment 8: Pricing • Attachment 9: Additional Qualifications • Attachment 10: Proposer's Statement V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED City of Santa Ana RFP 20-019 2W954 Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. VIII. PUBLIC RECORDS Bidders may file a "protest" to an RFP with the City's Purchasing Department. hi order for a Bidder's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website. 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered. IX. EX PARTE COMMUNICA (IONS Proposers and Proposers' representatives should not communicate with the City Councilmembers about this RFP. hi addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. X. CONFLICT OF INTEREST City of Santa Ana RFP 20-019 ZSV-%5 Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable. City of Santa Ana RFP 20-019 ZSV 156 APPENDIX ATTACHMENT 1— SCOPE OF WORK 1. PROJECT BACKGROUND The City currently contracts for a consignment inventory program for the City's Central Stores Division. Under this program, a selected vendor stocks the City's Central Stores warehouse with inventory that will remain property of the vendor until the inventory items are issued to end -users. The intent of a consignment inventory program for the Central Stores operation provides several benefits, including reduced inventory costs, discounted pricing, and other soft cost savings. Proposers shall provide access to their products and services in a manner that provides the best value (e.g. prompt delivery, lower pricing, high quality, environmentally preferable options, being a responsive efficient customer focused supplier). With that intent, the City is interested in evaluating the costs and benefits of supplier proposals based on the requirements as specified in this RFP. 2. GENERAL REQUIREMENTS Proposer must be able to demonstrate the capability of providing the required services as detailed in this specification by possessing adequate available resources, including personnel, facilities, product access, order processing and delivery capabilities, equipment systems, organization structure, operations controls, quality control, and other related factors. Proposers must disclose any partnership utilized to fulfill the requirements of this RFP. 3. TECHNOLOGY AND EQUIPMENT The City is interested in Proposer to provide City's Central Stores Division with innovative technology, software, equipment, scanning equipment and all the tools necessary for real-time inventory capabilities. Proposer who can provide online ordering capabilities is preferred. 4. BARCODE Barcoding is required. Proposers shall barcode products sold to the City. Bar coding shall comply with International Bar Code (IBC) standards and shall include product name, manufacturer name, part number and pack size. 5. DELIVERY SCHEDULE a. Delivery Time: Items ordered should be delivered as soon as possible, but no later than two business days from the date of each order. b. Expedited Delivery Time: Must deliver by the neat day of order placement. c. Delivery Location: City of Santa Ana Corporate Yard/Central Stores 215 S. Center Street, Building A Santa Ana, CA 92703 City of Santa Ana RFP 19-074 ItD267 APPENDIX ATTACHMENT 1— SCOPE OF WORK 6. ESTIMATED QUANTITIES ON PRICE SHET: Quantities shown in Exhibit 8-Price Sheet are estimates only and are not guaranteed. Submit unit pricing on the estimated quantity and unit of measures specified. The City may order more or less than the estimated quantity indicated on bid price sheet. 7. HOURS OF OPERATION a. The City's Central Stores is open Monday -Friday. Deliveries are to be made from 7:OOam to 4:30pm. 8. FEE PRICING Proposers shall provide monthly and fiscal year pricing, using Attachment 8. Pricing shall remain firm for the first year of the contract. Thereafter, price increases may be submitted for consideration, at the anniversary date, when submitted to the Contract Manager in writing at least ninety (90) days prior to the anniversary date. City reserves the right to approve or deny any pricing adjustments. City of Santa Ana RFP 19-074 ItD268 APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2020 by and between (hereinafter "Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. TERM This Agreement shall commence on 2020 for a three (3) year term with the option for the City to grant up to two one-year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. SCOPE OF WORK Consultant agrees to perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated into this Agreement by reference. 3. SCHEDULE OF SERVICES Upon Notice to Proceed issued by the City, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A. Consultant shall meet the work deliverables within the schedule and compensation approved herein. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Compensation - Exhibit B, attached hereto and incorporated into this Agreement by reference, in an amount not to exceed over the entire life of the Agreement, including any renewal period(s). 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or of 8 ) APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in anyway in its use of the Documents and Data at anytime, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed, and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available c. It is the Consultant's responsibility to keep required Certificate of Insurance current. Payments will be delayed until current Certificate of Insurance is received and approved. City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 7. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. of 8 ) APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT 8. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. c. Worker's Compensation Insurance. hi accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. 3of8) APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they maybe liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not of 8 ) APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, as further specified in Certifications - Exhibit C, attached hereto and incorporated into this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. hi the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any ply, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City of 8 ) APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT b. all work product(s) completed as of such date, and in such case such work product(s) shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. c. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, and as further specified in Certifications - Exhibit C, attached hereto and incorporated into this Agreement by reference. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 of 8 ) APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT Facsimile (714) 647-6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-22) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-5635 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions — Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. of 8 ) ATTEST: APPENDIX ATTACHMENT 2 — SAMPLE AGREEMENT CITY OF SANTA ANA DAISY GOMEZ Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney C John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT: Nabil Saba (Name) Interim Executive Director (Title) Public Works Agency Tax ID# of 8 ) APPENDIX ATTACHMENT 3 — NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and swom to (or affirmed) before me on this day of 120 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. APPENDIX ATTACHMENT 4 — NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 4- No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. APPENDIX ATTACHMENT 5 — NON-DISCRIMINATION CERTIFICATION The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. of 2 ) APPENDIX ATTACHMENT 5 — NON-DISCRIMINATION CERTIFICATION 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title Firm: Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. of 2 ) APPENDIX ATTACHMENT 6— AGREEMENT STATEMENT Proposer understands that the Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. Proposer concurs to the statements in the sample agreement, with the exception of the following: Firm Name Printed Name: Signature: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. APPENDIX ATTACHMENT 7 — REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer T Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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Percentage -Off List Price Per Category. Provide the percentage -off list price for the categories listed below as applicable. Include a link to current list pricing or attach documents. Proposers who are unable to provide at least 75% of the categories listed below may be disqualified at the discretion of the City. Category % Discount Abrasives Adhesives, Sealants and Tape Cleaning Electrical Fasteners Fleet and Vehicle Maintenance Hand Tools Hardware HVAC and Refrigeration Lighting Lubrication Machining Material Handling Outdoor Equipment Paint, Equipment and Supplies Plumbing Pneumatics Power Tools Power Transmission Pumps Raw Materials Safety Security Test Instruments APPENDIX ATTACHMENT 8 — PRICING C. Financial Incentives. List any financial incentives (rebates, etc.) D. Escalation Clause: Pricing increases, if any, shall not exceed the annual Consumer Price Index (CPI). Any anticipated increases must be submitted ninety (90) days prior to the annual renewal date with supporting documentation and will require prior approval by the City. PROPOSER SIGNATURE: NAME: TITLE: DATE: By my signature above, I, ), of (Name), Name), hereby certify under penalty of perjury under the laws of the State of California, that I am officer or employee of the organization with authority to obligate the organization. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. APPENDIX ATTACHMENT 9 — ADDITIONAL QUALIFICATIONS Proposer's Additional Statement of Qualifications The City will evaluate Attachment 9 — "Additional Qualifications Worksheef' for Proposer's provision of any of the following three (3) value -add service categories. Proposer may select one or more categories for which Proposer can perform. Proposer must complete Attachment 9 — "Additional Qualifications Worksheet" for consideration. Catgory 1: End -User Functionality (circle Yes or No) YES NO Can Proposer provide online ordering capabilities through a dedicated portal, displaying contract pricing? Catgory 2: Vending Machine Solution or Other Solutions (circle Yes or No) YES NO Can Proposer provide an electronic supply vending machine solution? YES NO Does electronic supply vending machine solution have the functionality to track multiple users? YES NO Can you provide other similar solutions? Catgory 3: Inventory Controls (circle Yes or No) TNO Can Proposer provide scheduled on -site visits to inventory expendable facilities hardware and supplies? The frequency of each visit shall be no less than once a month or as otherwise requested by the Authority. YES NO Is there Additional Cost for Category 1? If so, what is the cost? Yes No Is there Additional Cost for Category 2? If so, what is the cost? YES NO Is there Additional Cost for Category 3? If so, what is the cost? PROPOSER SIGNATURE NAME: TITLE: DATE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 4 � W y Q 4� CN C N z w Z �C U U � O a s U Lam. G U U ti O s. U ti p � a'1 w