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HomeMy WebLinkAboutMO # 2139MUNICIPAL ORDER NO. 2139 A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF DUMPSTERS, LIDS AND REPLACEMENT PARTS IN AN AMOUNT OF $120,000 FOR FY2018-2019 FOR UTILIZATION BY COMMERCIAL BUSINESSES WITHIN THE CITY OF PADUCAH WHEREAS, this equipment is available under State Contract No. MA -758- 1600000557-5 and competitive bidding is not required. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute purchase agreements and the Finance Director to make payment to Municipal Equipment, Inc., for the purchase of various sized dumpsters, lids and replacement parts for the 2018-2019 fiscal year, in an amount not to exceed the City's budgeted amount of $120,000. These containers and accessories will be used by commercial businesses within the City limits of Paducah served by the Solid Waste Division, Engineering -Public Works Department. This purchase is made in compliance with the Kentucky State Purchasing Contract. SECTION 2. This expenditure shall be charged to Solid Waste Fund -Non Rolling Stock -Equipment Other, account number 50002210-542190. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: �n AD Lindsay Parish, CiPf Clerk Adopted by the Board of Commissioners, August 21, 2018 Recorded by Lindsay Parish, City Clerk, August 21, 2018 \mo\dumpsters 8-2018 i� n� Commonwealth of Kentucky . Y MASTER AGREEMENT MODIFICATION CONTRACT INFORMATION I MASTER AGREEMENT NUMBER: MA 758 1600000557 arae A dress: - Contact: KY0001281: MUNICIPAL EQUIPMENT INC CHERYL JAMES Effective Date: 12/4/15 Record Date: 12/4/18 Expiration Date: .12/3/19 Procurement Folder: 14470 Document Description: Recycling Equipment and Supplies Procurement Type: Standard Goods and Services Cited Authority: Competitive Sealed Bidding -Goods and Services Version Number: 2 CONTACT INFORMATION ISSUER: Daniel Salvato 502-564-5862 dmiel.salvato@ky.gov ky.gov REASON FOR MODIFICATION Renewal per the terms and conditions of the master agreement. Both parties agree to renew. One renewal option remaining on the master agreement. There are no changes. VENDOR INFORMATION arae A dress: - Contact: KY0001281: MUNICIPAL EQUIPMENT INC CHERYL JAMES 6305 OLD SHEPHERDSVILLE 502-962-9527 LOUISVILLE KY 40228 COMMODITY / SERVICE INFORMATION Line Qua UOM Unit Price Service Amount Service From Service'l o Lina Total t o.0000 00o ao,a00000 $0.00 $o.oa Recycling Equipment, Machines, and Supplies Extended Descriudon: The Commonwealth issues this Mester Agreement for Recycling Equipment and Supplies from, Municipal Equipment, Inc.. Various products ft-orn the following manufacturer lines are offered through this contract: Otto Recycling, Perkins Cart Lifts, Baker Waste Equipment, Sheeler Waste Technology, Wastequip, Marathon Nexgen, New Way, Wayne, PacMac,Elgin, GVM. Commonwealth state agencies may access the discount percentage catalog available in eMars. All other interested parties may obtain applicable discount percentages by contacting: Vendor POC:Municipal EquipmentMike Coriell502-962-9527mequip@iglou.comNOTE:Shipments are to be FOB destination. Freight is to be based on actuals and is to be and added to invoice. copy prepaid A of freight bill or other document verifying freight / delivery charges must accompany each invoice. Document Description Page 1 1600000557 Recycling Equipment and supplies of 14 Master Agreement MA 758-1600000557 Terms and Conditions Section 1 Scope of Contract The Office of Procurement Services issues this Master Agreements for: Recycling Equipment and Supplies. Section 2 Agencies to be Served All State Agencies Section 3 Political Subdivisions Under Kentucky Statutes, political subdivisions of this State Including counties and school districts may participate in All State Agency Contract Agreements to the same extent as agencies of the Commonwealth Section 4 Initial Contract Period This Contract shall be for the Initial period of one (1) year from the date of award. Section 5 Renewal Clause — Optional Renewal Period The Contract may be extended at the completion of the initial Contract period for four (4) additional one-year periods. This extension must have the written approval of the Vendor and the Office of Procurement Services. If the Contract provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The Vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions Document Description Page 2 1600000557 Recycling Equipment and Supplies of 1¢ cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period. Section 6 Pricing Pricing is established based on a percentage of discount off Manufacturer's List price. See Master Agreement Data Catalog. Section 7 FOB Basis of Shipment. Destination Shipments are to be FOB destination. Freight charges are to be based on actuals and are to be prepaid and added to invoice. A copy of freight bill or other document verifying freight / delivery charges must accompany each invoice. Section 8 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Contract shall remain firm for the contract period subject to the following: A: Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. Only one (1) price increase will be allowed during subsequent Contract periods. The price increase must be based on Industry wide price changes. The Contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the Contract holder may withdraw from the Contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the Vendor must continue service, at the Contract prices, until a new Contract can be Document Description Page 3 1600000557 Recycling Equipment and Supplies of 14 established (usually within sixty (60) days). B: Price Decreases: The Contract price shall be reduced to reflect any industry wide price decreases. The Contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available. C: Extended Contract Periods. If the Contract provides for an optional renewal period, a price adjustment may be granted at the time the Contract is renewed, subject to price increase justification as required in Paragraph A "Price Increases" as stated above. Section 9 Tax Exempt Status Do not Include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this Solicitation. Section 10 Agreement between Parties The bidder agrees that this contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the Office of Procurement Services. Section 11 Post Contract Agreements This Contract shall constitute the entire agreement between the State and awarded Contractor. State agencies utilizing this Contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms Document Description Page 4 1600000557 Recycling Equipment and Supplies of 14 of this Contract. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract. Section 12 Equipment The Commonwealth recognizes the rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of the Contract, the Commonwealth and the bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award Contract. Section 13 Equipment /Condition Unless otherwise indicated in the bid, it Is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be In first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit. Section 14 Manuals Instruction and operating manuals shall be furnished for all equipment Installed. Section 15 Distribution of Literature Upon request, the Vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded. Section 16 Quantity Basis of Contract- Estimated Quantities Any and all quantities mentioned in Solicitation RFB 758-1600000365 Document Description Page 5 1600000557 Recycling Equipment and Supplies. of 14 were purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract. Section 17 Cancellation Clause - 3-0_Days-Notice The Commonwealth may cancel this contract by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and vold upon receipt of a Modification from the Office of Procurement Services canceling the contract. Section 18 Exception to Required Use of Contract The establishment of this Master Agreement is not Intended to Preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation. Section 19 Service Performance All services performed under contract shall be in accordance with the terms and provisions of the contract. It will be the agency's responsibility to ensure that such services rendered are performed and are acceptable. The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the Document Description Page 6 1600000557 Recycling Equipment and Supplies of 14 acts of its agents, employees, servants and subcontractors during the Performance of this Contract. Major deviations of services performed will not be made without the written approval of the Office of Procurement Services. Problems that arise under any aspect of performance should first be resolved between the Vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement. Section 20 Addition or Deletion of Items or Services The Office of Procurement Services reserves the right to add new and similar items, with the consent of the Vendor, to this Contract. The Office of Procurement Services to effect this change will issue a Contract Modification. Until such time as the Vendor receives a Modification, the Vendor shall not accept Delivery Orders from any agency referencing such items or services. Section 21 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or Performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the Office of Procurement Services in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract. Section 22 Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered Document Description Page 7 1600000557 Recycling Equipment and Supplies of 14 and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor's invoice in accordance with KRS 45.453 and KRS 45.454. It is permissible for vendors to offer financing or a payment lease for items purchased. Financing or lease agreements shall be finalized prior to final execution of an order against an established Master Agreement. Section 23 Inspection/Evaluation All services shall be subject to inspections, evaluations or tests by the Commonwealth. In the services are not in conformity with specified requirements, the Commonwealth shall have the right to reject the services and require acceptable correction at the Vendor's expense. Section 24 Vendor's Report Vendor shall furnish the Commonwealth buyer of record, Office of Procurement Services, a report showing the volume of ALL sales against the Contract annually 90 days prior to the expiration of the Master Agreement contract period. The report shall include the Commonwealth, it's using agencies, political subdivisions and university purchases. This report may be the vendor's computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services. Section 25 Subcontracts Document Description Page 8 1600000557 Recycling Equipment and Supplies Of 74 The Contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The Contractor shall be solely responsible for performance of the entire Contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor. All references to the Contractor shall be construed to encompass both the Contractor and any subcontractors of the Contractor. Section 26 Equal Employment Opportunity Act The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The Contractor shall comply with all terms and conditions of the Act. A copy of the EEO forms may be obtained by downloading them from the Finance and Administration Cabinet's website at http://finance.kv aov/services/enrocurement/Pages/VendorServices agM See Attachment #4. Direct coordination with the EEO Office is approved to discuss EEO requirements and forms. Their phone number is (502) 564-2874 and fax (502) 564-1055. The Commonwealth will review the EEO Forms (or equivalent, If applicable) upon receipt. If a Vendor is under-utilized or in non-compliance, the Vendor shall receive notification from the Commonwealth. The Vendor shall have five (5) days from receipt of such notice to submit an affirmative action plan. Failure to submit an affirmative action plan within the timeframe specified may result in the disqualification of the Vendor's response. In any event, a Vendor shall not be eligible for an award of contract without being in compliance with the Document Description Page 9 1600000557 Recycling Equipment and Supplies of 14 EEO requirements. If the Vendor is exempt from submitting the EEO Forms, the Vendor must state such in the bid. Exemption from EEO Form submission, under KRS 45.590, does not obviate any other requirements of KRS 45.570. Section 27 Governing Law This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky. Section 28 Provisions for Termination of the Contract Any Contract resulting from this Solicitation shall be subject to the termination Section 29 Access to Records The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Section 30 Discrimination Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. 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 compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the Provisions of this non-discrimination clause. 2. The contractor will, 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, religion, color, national origin, sex, sexual orientation, Document Description Page 11 1600000557 Recycling Equipment and Supplies Of 14 gender identity, age or disability. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative 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. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. S. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his 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 noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, 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 Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. Document Description Page 12 1600900557 Recycling Equipment and Supplies of 14 7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 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 No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. Section 43 ALL PROVISIONS OF SOLICITATION RFB 758-1600000365 ARE HEREBY INCORPORATED Section 44 Administrative Fees The Contractor agrees to provide a quarterly administrative fee to the Commonwealth of Kentucky based on sales to any customer eligible to purchase from this Master Agreement and is not to be charged directly to the customer in the form of a separate line item. The administrative fee percentage is only applicable to amounts actually received by the contractor during the quarter and is not applicable to the amounts ordered by customers but not yet paid. The administrative fee shall be paid in the form of a check payable to the Commonwealth of Kentucky -Office of Procurement Services for an amount equal to one percent (1%) of the net sales (less any returns, credits or adjustments) under this Master Agreement for the period. Fees shall be paid 45 days after the close of the quarter. Check to be mailed to the Office of Procurement Services, 702 Capitol Ave., New Capitol Annex, Room 095, Frankfort, KY 40601.