SOFTWARE HOUSE INTERNATIONAL - 3 YR SUBS FOR KNOWBE4 SECURITY AWARENESSA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE
PURCHASING SECTION OF OUR WEBPAGE AT:
www.hialeahfl.gov
CITY OF HIALEAH
CONTRACT AWARD
PURCHASING DEPARTMENT
CITY OF HIALEAH CONTRACT: 3 YEAR SUBSCRIPTION FOR KNOWBE4 SECURITY AWARENESS TRAINING
DESCRIPTION: OMNIA PARTNERS – IT SOLUTIONS CONTRACT 2018011-02
CONTRACT PERIOD: 8/20/2022 – 8/19/2025
SECTION #1 – VENDOR AWARD
Name: SOFTWARE HOUSE INTERNATIONAL Name:
Contact: MEGAN FLISAKOWSKI Contact:
Phone: 512-517-4088 Phone:
Fax: 732-652-6599 Fax:
E-mail: MEGAN.FLISAKOWSKI@SHI.COM E-mail:
Name: Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CITY COUNCIL APPROVED ON: 08/09/2022, ITEM R AMENDED AMOUNT:
RESOLUTION NO: INSURANCE REQUIREMENTS:
ANNUAL CONTRACT AMOUNT: $32,000.00 PERFORMANCE BOND:
APPLICABLE ORDINANCES:
Notes:
SECTION #3 – REQUESTING DEPARTMENT
CITY OF HIALEAH, DEPARTMENT OF INFORMATION TECHNOLOGY
Contract Administrator: Ricardo Suarez
Phone: 305-883-8051
SECTION #4 – PROCURING AGENCY
CITY OF HIALEAH, DEPARTMENT OF INFORMATION TECHNOLOGY
Contract Administrator: Ricardo Suarez
Phone: 305-883-8051
Prepared by: MARILIN GUTIERREZ
\TE M #-~~-··---__ ;,,. RECEIVED
AUG 0 9 2022
COUNCIL AGENDA ITEM RE
Date of Request:
Requesting City Department:
Requested Council Meeting
Date:
Action Requested from the
City Council:
Scope of service(s) or
product(s):
Vendor:
Expenditure Amount:
7/22/2022
Information Technology
8/9/2022
Issue a purchase order
D Increase a purchase order
D Award a bid
D Bid No.
D Reject a bid
D Bid No.
D Special Ev ents Permit
D Street Closure
D Other:
Annual Subscription of Know8 e4 Security Awareness Training
Software House International
$10,666.67 annually for a total three-year amount of $32,000.00
Funding Source (i .e., account
funding the expenditure):
Purchasing Process:
001.0201.519.340
0 Competitive Bidding
0 An exception to competitive bidding applies:
0 Professional services in the nature of
consultants, accountants and attorneys
0 Sole source provider
0 Emergency based on object facts
0 Credit facilities
0 Competitive bidding is not required because the City
is utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
I Titl e of state, county or other governmental
agencies contract: Omnia Partners -IT
Solutions Contact (201801 1-02)
D Piggy-back contract expiration
date:
~~~~~~~~~-
0 Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding:
Re ne wal of Know8e4 Security Awaren ess Training
Signatures:
Ricardo
Esteban Bovo, Jr.
Mayor
Carl Zogby
Council President
Monica Perez
Council Vice-President
July 22, 2022
Honorable Iviayor Esteb an Bov o
And City Council Members
Ci ty of Hialeah
501 Palm Avenue
Hialeah, FL 33010
RE: KnowBe4 Subscription Renewal
Dear Mayor and Council Member s :
City of Hialeah
Council Members
Bryan Calvo
Vivian Casals-Munoz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
In accordance w ith the City of Hialeah Cod e Sec ti o n 2-818 -State, county, or o ther governmental agency bids or contracts.
\Vh en ever a d vantageou s to the city, the city may utiliz e bids that h ave been awarded or u nder contract b y th e state, county, or
oth er governmen tal agen cies . If t h e city utilizes stat e, county, or other governmental agency bids , comp etitive bidding will n ot
b e r equired.
~he Information T echnology D epartme nt r es p ectfull y reques ts to piggyback off th e Omnia Partne rs -IT Solutio n s Contract
.. J180l 1-02) and iss u e a purchase o rder to So ftware House International (VN# 15810) for the renewal of a three-year
subscriptio n , for KnowBe4 Security Awar eness Training, fo r a total amount of $32,000, to be paid a nnually with equal p ayments
o f $10,666.67.
Funding for this requ es t will come fr o m the Information Techno lgy Department's Contractural Se r vic es account: 001.0201.519.340.
The r emaining ava ilabl e balance in the account after this request is$ c9 5 8j ') T) 2 1 .'l/3
Softw re H o u se Internati o nal is an active corporation in good standing in th e State of F lorid a.
DISAPPROVED
DISAPPROVED
50 1 Pa lm Avenue, Hi a leah, Florida· 33 010-47 19
www.hi aleahfl .gov
FL-City of Hialeah
Ricky Suarez
501 Palm Ave, 2nd Floor
City Hall
Hialeah, FL 33010
UNITED STATES
Phone: (305) 883-8051
Fax:
Email : rsuarez@hialeahfl.gov
All Pri ces are in US Dollar (USO)
Product
KnowBe4 Security Awareness Training Subscription Platinum
KnowBe4 Inc. -Part#: KMSATP-N-EO-G
Contract Name : Omnia Partners -IT Solutions
Contract#: 201 8011 -02
Coverage Term : 8/20/2022 -8/19/2025
Note: 36 months.
Additional Comments
1/3 Payment Due Net 30 , 1/3
Paym ent Du e Net 365 , 1/3 Payment
Du e Net 730
Knowbe4 has a no re turn s p oli cy .
Pricing Proposal
Quotation #: 22022162
Created On: 5/16/2022
Valid Until: 8/18/2022
Inside Account Manager
Lexi Ettman
290 Davidson Ave
Somerset, NJ 08873
Phone: 800-527-6389 EXT 55536 10
Fax:
Email: Le xi_Ettman@SHl.com
Qty Your Price Total
1250 $25.60 $32,000.00
Total $32 ,000.00
Ha rdware item s on thi s quote may be updated to refl ect c hanges du e to indu stry wid e con straints and f lu ctu ation s.
Th ank you for choosin g S HI Intern ation al Co rp! Th e pri ci ng offered on thi s quote p roposa l is v alid thro ug h th e expirati o n d ate listed
above. T o ens ure th e bes t lev el of se rvi ce , pl ease provide End Use r Name, Pho ne Number, Em ail Ad dress and appli ca ble Contract
Num be r wh e n s ubm ittin g a Purc hase O rd er. Fo r any additio na l in form ati o n inclu d in g Hardware , Software and Servi ce s Contracts,
please contact an S HI Inside Sales Representative at (888) 744-4084 . SHI Intern ation al Corp. is 100% Minority Owned , Woma n
Owned Bu s in ess. TAX ID# 22-3009648; DUNS# 61-1429481; CC R# 61-2439578; CAGE 1 HTFO
Th e produ cts o ffered un de r this proposa l are resold in accordance with th e terms and co nditions of the Co ntract re ferenced under
th at applicabl e lin e item.
DocuSign Envelope ID : OF4D4C90-412D -4 32 E-BD10-6A8BAD169855
mesa ~a z CONTRACT AMENDMENT
Contract Title: Information Technology Solutions
Contract Number: 2018011
Amendment Number: Four (4)
MA Number: 19000009
Description of Change: Contract renewal. Term of contract March 1, 2023 through February 28,
2025.
Effective Date of Change: March 1, 2023
Acceptance: On behalf of the undersigned Contractor, I have given careful co nsideration to this Contract Am end me nt
and hereby ag ree to the change(s) and except th at as amended herein , all provisions of the Contract remain in ful l force
and effect.
SHI International Corp.:
~:~:iy aVMLl
t®ignatuFe-·
Elisabeth Arnold
Printed Name
5/17/2022
Date
Reviewed by:
Rev . July 2017
City of Mesa:
. Digitally signed b y Ed ward Que d e ns
ON : cn=Ed ward Queden s, o =Ctiy of
----. email=ed .quedens(ii)mesa az.gov A~ Mesa, Arizona, o u =Business Services,
S . t c-US 1g na u re ' D~te: 2022.05.26 06:01:15 -o roo·
City Manager Designee
Date
Adobe Acrobat v ersi on:
2022.001.20 117
OFFICE OF THE CITY CLERK
COUNCIL MINUTES
February 5, 2018
The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers,
57 East 1st Street, on February 5, 2018 at 5:45 p.m.
COUNCIL PRESENT
John Giles
David Luna
Mark Freeman
Christopher Glover
Fran cisco Heredia
Kevin Thompson
Jeremy Whittaker
Mayor's Welcome.
COUNCIL ABSENT
None
OFFICERS PRESENT
Christopher Brady
Dee Ann Mickelsen
Jim Smith
Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life).
Pledge of Allegiance wa s led by Councilmember Thomp so n.
Awards, Recognitions and Announcements .
There were no awards, recognitions or announcements .
1. Take action on all consent agenda items.
All ite ms li sted w ith an aste ri sk (*) will be cons id ered as a group by th e City Council and will be
enacted with one motion. There will be no separate discussion of these items unless a
Councilmember or citizen requests, in which event the item will be removed from the consent
agenda and considered as a separate item. If a citizen wants a n item removed from th e consent
age nd a, a blue card must be completed and given to the City Clerk prior to the Council 's vote on
the consent agenda.
It w as moved by Councilmember Thompson, seconded by Councilmember Glover, that the
consent agenda items be approved .
Carried un animous ly .
*2. Approval of minutes from previous mee tings as written.
Minutes from th e J anuary 8, 11, a nd 22, 2018 Counci l mee ting s .
Regular Council Meeting
February 5, 2018
Page 2
3 . Take action on the following liquor license applications:
*3-a. It Ain't Chemo
This is a one-day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to
9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1)
*3-b . AMC Superstition East 12
A multi-screen cinema is requesting a new Series 6 Bar License for American Multi-
Cinema Inc., 1935 South Signal Butte Road -Andrea Dahlman Lewkowitz, agent. There
is no existing license at this location. (District 6)
*3-c. ATL Wings
A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant
License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22-24 -Andrea
Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will
revert to the State. (District 4)
*3-d. Elgin Distillery
This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9 :00
A.M. to 4 :00 P.M. at Sunland Village, 4601 East Dolphin Avenue . (District 2)
*3-e. Village of Elgin Winery
This is a one-day wine festival event to be held on Saturday, March 3, 2018 from 9 :00
A .M. to 4 :00 P .M. at Sunl a nd Village , 4601 East Dolphin Avenue. (District 2)
4. Take action on the following off-track betting license application:
*4-a. Turf Paradise, TP Racing LLLP
New Off-Track Betting Lice nse for Turf Paradise, TP Ra c ing LLLP to t ele c ast at Moose
& B ea r, located at 118 Ea st McKe llips Ro ad, Suite 103 , TB Concepts LLC. Appli ca nt:
Vincent Acri Francia. (District 1)
5. Take action on the following contracts:
*5-a . On e-Y ear Re newal to th e T erm Contract for Exe cutive Physicals for C it ywid e
De pa rtm ents as requ ested by the Huma n Re sources D ep artm e nt. (Citywide)
This contract provides annual physicals for the City's executive staff as a means of
maintaining optimum health . There are appro x imately 65-70 positions eligible to
pa rticipate in thi s program .
Th e Hum a n R e sources D ep a rtm e nt a nd Purc hasing recomme nd a uthorizing th e re new a l
co ntract with Ba nn er O ccupation a l H e alth C linics , at $88,50 0, based o n estim at ed
usa g e .
Regular Council Meeting
February 5, 2018
Page 3
*5-b . One-Year Renewal to the Term Contract for Deceased Animal Collection Services for
the Community Services Department. (Citywide)
This contract provides a vendor to collect and dispose of deceased animals up to 150
pounds that are reported within the City. The contractor is responsible for the proper
disposal by cremation or other means in accordance with the standards and methods
approved by the Maricopa County Health Department.
The Community Services Department and Purchasing recommend authorizing the
renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at
$54,000, based on estimated usage.
*5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and
Medical Department (Sole Source). (Citywide)
The apparatus being replaced has met established replacement criteria and will be sold
by a sealed bid ·process or traded-in as part of the City's fire apparatus purchase
agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units
to further offset the price for the Air/Light Rehab unit.
The Fire and Medical Department and Purchasing recommend authorizing the purchase
using the City's five-year purchase agreement with Pierce Manufacturing Inc., through
their designated local dealer, Hughes Fire Equipment Inc., at $502,264. 75 . This
purchase is funded by the Capital-General Fund and authorized 2013 Public Safety
Bonds.
*5-d . Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention
Basins and Sports Fields -Zones 1, 2, 3 and 4 for the Parks, Recreation and Community
Facilities Department (PRCF). (Citywide)
These contracts provide landscape maintenance services for sports fields, parkways,
medians, parks, retention basins or grounds adjacent to City facilities . The City has
divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has
done an analysis to bring the work under this contract in-house and, at this time,
contracting continues to be in the best finan c ial interest of th e City.
The evaluation committee recommends awarding the contract to the highest-scored
proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually;
Zone 2, at $959, 183.45 annually; Zone 3, at $97 4,364 .20 annually; and Zone 4 , at
$1,221,738.22 annually; based on estimated usage.
*5-e. Three-Y ea r Term Contra ct for Plumbing Serv ices for th e Parks, Recrea tion a nd
Community Facilities Department. (Citywide)
This contract will establish a list of pre-qualified plumbing contractors to perform
plumbing services on various City facilities/projects on an as-needed basis.
Th e evalu ation co mmittee reco mm e nds aw a rding th e co ntract to the four, high est-sco red
proposals from Mesa Energy Systems In c.; RKS Plumbing and Me chani ca l In c .; Sun
Mechan ica l Inc.; and W.D. Manor Mechanical Contractors, In c.; cumulatively not to
exceed $100 ,000 annually, based on estimated us age .
Regular Council Meeting
February 5, 2018
Pag e 4
*5-f. Purchase of Furniture for the Main Library as requested by the Library Services
Department. (Citywide)
This purchase will provide seating and tables for two new rooms at the Ma in Library ,
Teen Room and ThinkSpot. The Library worked with several vendors utilizing
cooperative contracts specifying their needs and goals with this project.
The Library Services Department and Purchasing recommend authorizing the purchase
using the Northern Ari zona University cooperative contract with Atmosphere Comme rcial
Interiors, at $50,876.25 .
*5-g . Five-Year Term Contract with CDW Government, LLC and SHI International Corp . for
Information Technology Solutions and Services for Various Departments throughout the
City. (Citywide)
This contract will provide the City and participating agencies a full range of information
technology solution products and services to meet varying requirements of governmental
agencies. The scope of products and services available under these contracts include
standard business and high-end workstations; laptop and notebook computers ; network
equipment; computer and network products and peripherals; monitors ; various cloud,
consulting, and technical support services; financing; various software products ; and the
contractors' comprehensive product offering ..
Mesa, as the lead agency, has partnered with the National Intergovernmental
Purchasing Alliance Company (National IPA) to lead this contract. The contract will be
available to over 45,000 public agencies nationally. While no minimum volume is
guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased
under this master agreement is approximately $500 million per year. The City will
receive rebates annually for administering and awarding this contract.
A committee representing the Police , and Information Technology Departments, City
Manager's Office, Police-Information Technology, National IPA and Purchasing
evaluated responses. The evaluation committee recommends awarding the contract to
the highest-scored proposals from CDW Government, LLC and SHI International Corp.,
at $3, 100 ,000 annually, bas ed on estimated usage.
*5-h. One-Year Term Contract for Electrical and Lighting Suppli es for the Materials and
Supply Warehouse (for Citywi de Departments). (Citywide)
Multiple departments use this Citywide contract for th eir miscellaneous electrical
eq uipm en t and supplies.
Th e Busin ess Servi ces Depa rtm e nt a nd Purchas in g recomm end authorizi ng th e
purchase using the State of Ari zo na cooperative co ntract with Border States Industries,
Inc., at $100,000, based on estimated usage .
*5-i. Re -Awa rd th e Three-Y ear T erm Contract for Mi crofilm Conve rsion Servi ces for the
Police Depart ment. (Citywide)
T hi s contract will provid e services to con v ert Pol ic e Department dat a from microfilm to
digital media. Police , Records Divi sion use microfilm that is becoming worn and
damaged. Th e previous v end or is un ab le to sat isfactorily fulfill the co ntract requireme nts.
Regular Council Meeting
February 5, 2018
Page 5
The Police Department and Purchasing recommend re-awarding the contract to the
second highest scored proposal, ICM Conversions, at $400,000 annually, based on
estimated usage.
*5-j . Purchase of Falcon District Brand Signage as requested by the Economic Development
Department. (Citywide)
Continuing to build awareness and to promote the Falcon Field Economic Activity Area,
this purchase for the Falcon District signage includes the installation of two branded
monument signs to be located on Greenfield and Higley Roads, south of the 202.
Additionally, the City will install utility and transit signal box wraps and will mount
branded banners promoting aerospace, technology, and manufacturing on light poles
around the airport.
The Economic Development Department and Purchasing recommend authoriz ing the
purchase using the City of Peoria cooperative contract with YESCO Phoenix, at
$146,670.49 . This purchase is funded by Local Streets Sales Tax.
*5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department.
(Citywide)
These trailers will replace three aging equipment trailers th at are at the end of their
service life. The trailers will meet the needs and safety requirements for transporting the
large equipment required to perform street and right-of-way maintenance.
The Transportation Department and Purchasing recommend authorizing the purchase
using the National Joint Powers Alliance contract with Empire Southwest (a Mesa
busin ess), at $176, 764. 77 . This purchase is funded by Local Streets Sales Tax.
*5-1. One-Year Renewal to the Term Contract for Radio-Based Endpoint Encoders (for Water
Meter Reading) for the Water Resources Department. (Citywide)
This contract provides Itron radio-based endpoint encoders and accessories purchased
directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly rea ds to
e ns ure dat a integrity and offers advan ce d c ustom e r side leak detection a nd reve rse flow
a nd ta mper a la rm s. W at er Utility installs a pproxim at ely 540 ra dio-b ased e ndpoint
encoders on new and existing meters annually.
The Water Resources Department and Purchasing recommend authorizing the ren ewal
with Itron , Inc ., at $100,000 , ba se d on estim ated usage.
*5-m . Purc hase of Wate r Treatm ent Pl a nt Shop Too ls a nd Equipm e nt for th e N ew Sign a l B utte
W ate r T rea tm e nt Pl a nt as requ est e d by th e W ate r Resources De pa rtm e nt. (Citywide)
This purchase is for tools and equipment needed for the start-up a nd maintenance in the
va rious s hops at the new Sign a l Butte Water Treatment Plant.
Th e W ate r R esources Dep artment a nd Purchas ing recomm e nd aw a rding th e co ntract to
th e lo west, respon sive and res pon s ibl e bidd e rs: Copp er St ate Bo lt & Nut Co. (a Mesa
bu s iness ); Gl e nd a le Indu stri a l Supply, LLC, dba UNICOA Con stru ction a nd Indu stri a l
Supply; Ma llory S afety & Supply LLC ; and W.W . Gra inger, Inc.; cumulative ly not to
exceed $153,000, based on e stimated u s age.
Regular Council Meeting
February 5, 2018
Page 6
*5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water
Resources Department. (Citywide)
This contract provides 3" fire hydrant water meters to accurately measure construction
water use of fire hydrants. The meters are installed by Water Utility staff to serve
contractors and other customers needing to connect to City fire hydrants for temporary
construction water service and dust control purposes.
The Water Resources Department and Purchasing recommend authorizing the renewal
with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated
usage.
*5-o. Greenfield Water Reclamation Plant (GWRP), Phase Ill Expansion Guaranteed
Maximum Price (GMP) No. 2 . (Citywide)
The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an
additional 14 million gallons per day annual average day flow of liquids and solids
treatment capacity at the existing GWRP, complete with the required infrastructure,
technology, and environmental features to ensure a reliable, efficient, and expanded
plant to meet the current and future demands.
Staff recommends awarding the contract for the completion of this project to McCarthy
Building Companies in the amount of $120,302,333 and authorize a change order
allowance $6,015, 117 (5%) for a total project amount of $126,317,450. This project is
funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with
contributions coming from its members based on usage. Mesa's portion of this GMP is
$72,229,521 and is funded by 2014 authorized Wastewater Bonds.
*5 -p. Sewer Pipe and Manhole Rehabilitation : Mesa Drive, Millet Avenue, Horne, and 6th
Avenue. (District 4)
The existing sanitary sewer lines covered by this project were built during the 1950's and
1960's . The age of these pipes greatly increases their risk of failure and emergency
repairs. This method of construction can be completed while leaving the pipe in place
and without excavation. Similarly, the sewer manholes will be clean ed, repaired, and
coated in place. Only the concrete adjustment rings will be removed arid replaced.
Staff recommends awarding the contract for this project to the lowest, responsible
bidder, B and F Contracting, Inc , in the amount of $1,394,294.67, and authorize a
change order allowance in the amount of $139,430 (10 %), for a total amount of
$1,533,724.67 . Funding for this project is available from the 2014 Wastewater Bond
Program.
*5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4)
To continue to meet current railroad approach and clearance standards at the Alma
School Road railroad crossing, additional safety improvements will need to be made.
Th e proj e ct improvem ents for roadway a nd sidewa lk approach at thi s lo ca tion will
facilitate gre ate r public safety a nd neede d clearances from railroad signals a lon g with a
smooth er roadway cross ing of th e Union Pacific Railroad track. Mesa will participate in
the federally-funded Railway-Highway Grad e Crossing Program, and will be responsibl e
Regular Council Meeting
February 5, 2018
Page 7
for adjusting the existing concrete sidewalks around the proposed cantilevers and gates,
and installing concrete medians.
This project was previously awarded by Council on July 10, 2017, however, the
previously selected contractor could not comply with the federal requirements and the
project was released for bid a second time.
Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric,
in the amount of $149,494, plus an additional $14 ,949 (10%) as a change order
allowance, for a total amount of $164,443. Funding is available from the Local Streets
Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transportation
(Federal) Grant under the Railway-Highway Grade Crossing .
6. Take action on the following resolutions:
*6 -a . Approving and authorizing the City Manager to submit the Second Substantial
Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of
Housing and Urban Development related to the allocation of funding obtained under the
Community Development Block Grant (CDBG) program. This Amendment will allow for
reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247
North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) -
Resolution No. 11088.
*6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the
Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act
(VOCA) grant funds . The finding will be used for salaries and expenses for the Mesa
Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) -Resolution
No . 11089.
*6 -c. Approving and authorizing the City Manager to enter into a Lease Agreement with New
Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street , also
known as Mesa Fire Station 214. (District 5) -Resolution No. 11090.
*6-d. Approving a nd authorizing the City Man ager to enter into a Develop ment Agreement for
City-Sh are Reimbursement with PPGN-Ray, LLLP, for the reimbursement of $100,568
for regional street and st reet lighting improv ements that are being required by the City in
conjunction with a proposed residential development known as Crismon Road at PPGN,
located at 5461 South Ellsworth Road. (District 6) -Resolution No. 11091.
*6-e . Approving a nd authori zing the City Ma nag er to e nter into an Intergovernmental
Agreement with the Maricopa County, Dep artme nt of Transportation for the pavement
re habilitation of Adobe Road from Hi g ley Road to Recker Road . The City will contribute
an estim ated $54,417 fo r the portion of the proj ect th at is with in City bound a ri es th at will
be funded from the 2013 Streets Bond Program . (District 5) -Resolution No. 11092 .
*6-f. Approving and authorizing the City Ma nager to enter into First Amendments to the
Deve lopm ent Agreement, Ground and Air Lease, and License Agreeme nt with 3W
Manageme nt, LLC, to facilit ate the developm e nt of, and job c reation and retention at, th e
City-own e d property generally located at th e s outhwest corner of Main Stree t and South
Pom e ro y and 34 South Pom eroy, whi ch is th e developm e nt common ly known as The
GRID. (District 4) -Resolution No. 11093.
Regular Council Meeting
February 5, 2018
Page 8
7 . Introduction of the following ordinance and setting February 26, 2018 as the date of the public
hearing on this ordinance:
*7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side).
Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres).
Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow
for the development of an RV dealership and storage facility. Jeff Welker, Welker
Development Resources, applicant; Roger D . Overson, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
8. Discuss, receive public comment, and take action on the following ordinances :
*8-a . ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side).
Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from
RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a
commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC,
owner . -Ordinance No. 5419.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side).
Located east of Power Road on the north side of Ray Road (56 .0± acres). Rezone from
LI-AF to LI-AF-PAD . This request will allow for the development of an industrial
subdivision. Omar Cervantes , XCL Engineering, LLC, applicant ; Phx-Mesa Gateway
Airport 193, LLC, owner. -Ordinance No. 5420.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote : 7-0)
*8-c . ZON17-00432 (District 3) The 800 a nd 900 blocks of W est Southern Avenue (south
side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and
900 blocks of West Grove Avenue (north side). Located at the southwest corner of
Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan
Modification. This requ est will allow the development of a new multiple-residence
building in an ex isting multipl e-res id ence complex . Reese An derson , Pew and Lake ,
PLC, applican t; Edward B. Frankel, Trustee of th e Franke l Fam ily Trust, owner. -
Ordin a nce No . 542 1.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
9. Take action on th e following subd ivi sion plat:
*9 -a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenu e (north
side), a nd the 90 0 to 1200 blocks of South Lo s Alamos (west side ). Lo cated east of
. 1
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Regular Council Meeting
February 5, 2018
Page 9
Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres).
KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer.
Items not on the Consent Agenda
10. Items from citizens present.
There were no items from citizens present.
11. Adjournment.
Without objection, the Regular Council Meeting adjourned at 5:57 p.m .
ATTEST:
DEE ANN MICKELSEN, CITY CLERK
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of
February, 2018. I further certify that the meeting was duly called and held and that a quorum was
present.
DEE ANN MICKELSEN, CITY CLERK
js
City of Mesa, AZ
Contract# 2018011-02
for
Information Technology Solutions and Services
with
SHI International Corp.
Effective: March 1 , 2018
( The following documents comprise the executed contract between the City
of Meza, AZ and SHI International Corp, effective March 1, 2018:
I . Executed Contract
11. Mayor and Council Approval
111. Supplier Response
IV. Original RFP
.. -mesa ·az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2018011
INFORMATION TECHNOLOGY SOLUTIONS & SERVICES
CITY OF MESA, Arizona ("City")
Department Name City of Mesa -Purchasing Division
Mailing Address P.O. Box 1466
Delivery Address
Attention
E-Mail
Phone
Fax
Mesa, AZ. 85211-1466
20 East Main St, Suite 400
Mesa, AZ. 85201
Sharon Brause, CPPO, CPPB, CPCP
Senior Procurement Officer
Sharon .Brause@MesaAZ.gov
(480) 644-2815
(480) 644-2655
AND
SHI INTERNATIONAL CORP., ("Contractor'')
Mailing Address 290 Davidson Ave
Remit Address
Attention
E-Mail
Phone
Fax
Website
Somerset, NJ 08873
PO Box 952121
Dallas, TX 75395-2121
Meghan Flisakowski, Public Program Manager
Meqh a n.Fli sak ow ski@ s hi .com
512-517-4088
732-652-6599
www.publics ector.shidirect.com /
Page 1of33
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this 27th day of February, 2018, by
and between the City of Mesa, Arizona, an Arizona municipal corporation (".Q.ih'."), and SHI
INTERNATIONAL CORP, a New Jersey corporation ("Contractor"). The City and Contractor are each a
·~· to the Agreement or together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2018011 ("Solicitation") for INFORMATION TECHNOLOGY
SOLUTIONS & SERVICES, to which Contractor provided a response ("Response"); and
B. The City Selected Contractor's Response as being in the best interest of the City and wishes to
engage Contractor in providing the Services/Products described in the Solicitation and Response.
C. "Services" means the resale services provided by Contractor under this Agreement; i.e. sourcing
and fulfilling the Product and/or providing deliverables identified in an Order.
D. "Products" means collectively third-party software, computer peripherals , computer hardware, and
associated IT services provided by third parties or Contractor, as the case may be.
E. "Order" means the form of purchase order or other document used for the purpose of ordering
Product and/or deliverables pursuant to this Agreement. Order shall also include a phone order or
on-line order placed by the City employee to Contractor utilizing the City's corporate procurement
card or the City's written or electronic form of purchase requisition .
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration , which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023.
The use of the word "Term" in the Agreement includes the aforementioned period as well as any
applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties , the Term may be renewed up
to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then-
current term .
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals permitted herein, at the City's sole discretion this
Agreement may be extended on a month-to-month basis for a maximum of six (6) months
to allow for the City's procurement processes in the selection of a Contractor to provide the
Services/Products provided under this Agreement. The City will notify the Contractor in
writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the
e xpiration of the Term . Any extension under this Subsection 1 .2 will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then-
current term.
1.3 Deliverv. Delivery shall be made to the location(s) contained in the Scope of Work within
thirty (30) days after receipt of an Order. Contractor agrees to deliver all Products to the
de sktop of the ordering customer be delivered F.0 .B. destination , freight pre-paid a nd
allowed to various locations throughout the City. The City of Mesa sha ll be responsible
for extra incurred fees for expedited shipping or other special delivery requirements . In
Page 2 of 33
(
many cases within the City, the Contractor may be asked to deliver all goods to the front
counter within a given department; this is a City requirement and other participating
agencies who utilize this Agreement as a cooperative contract (see Exhibit C, Mesa
Standard Terms & Conditions) may have other delivery requirements.
2. Scope of Work. The Contractor will provide the necessary staff, Services and associated
resources to provide the City with the Services, Products, and obligations attached to this
Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses
incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise
stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform
the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with
adequate workspace and such other related facilities as may be required by Contractor to carry out
the Scope of Work .
The Agreement is based on the Solicitation and Response which are hereby incorporated by
reference into the Agreement as if written out and included herein . In addition to the requirements
specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor
shall perform in accordance with all terms, conditions, specifications and other requirements set
forth within the Solicitation and Response unless modified herein.
3. Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one-
time purchase; (ii) notice to proceed, or (iii) Delivery Order off a Master Agreement for a
requirements contract where multiple as-needed orders will be placed with the Contractor. The
City may use the Internet to communicate with Contractor and to place Orders as permitted under
this Agreement. The terms and conditions on any order form, quote, or similar document provided
by Contractor to the City will not take precedence over the language set forth in this Agreement or
any of the documents outlined in Section 4 below.
4. Document Order of Precedence. In the event of any inconsistency between the terms of the
body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will
control in the following order.
a. Amendments to the Agreement
b. Agreement
c. Exhibits
1. Mesa Standard Terms & Conditions (Exhibit C)
2. Pricing (Exhibit B)
3. Scope of Work (Exhibit A)
4. Other Exhibits not listed above
d. Solicitation including any addenda
e. Contractor's Response
5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described
in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the
Term .
6. Pricing. Contractor's pricing shall be in the format of a minimum percentage discount off a verifiable
price index . Contractor may submit discounts for various manufacturers . At the time of purchase,
Contractor may offer deeper discounts beyond the discounted price list, based on volume or other
factors , as applicable. Minimum discounts will remain firm during the entirety of the Term of the
Agreement, unless the Contractor requests to increase its discount percentage, and will include all
charges that may be incurred in fulfilling requirement(s). In addition to decreasing prices for the balance
of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving
price reductions for a specified lesser period. In the event a Product is discontinued, Contractor will
provide a Product of the same or greater functionality, utilizing the discount structure.
Page 3 of 33
It is the Contractor's responsibility to provide the City with an up-to-date price list for the duration of the
Agreement.
6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of
the Term except where otherwise provided in this Agreement, and will include all costs of
the Contractor providing the Products/Service including transportation and insurance
costs . No fuel surcharges will be accepted unless allowed in this Agreement. The City
shall not be invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the Products or Services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions .
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division .
6.2 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this section . Requests for adjustment in cost of labor and/or Products
must be supported by appropriate documentation . There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the Services/Products under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
During the sixty (60) day period prior to expiration date of the then-current term of the
Agreement, the Contractor may submit a written request to the City to allow an increase to
the prices in an amount not to exceed the twelve (12) month change in the Consumer
Price Index for All Urban Consumers (CPl-U). US City Average, All Items , Not
Seasonally Adjusted as publ ished by the U.S. Department of Labor, Bureau of Labor
Statistics (http://www .bl s .gov/cpi/hom e.htm). The City shall review the request for
adjustment and respond in writing; such response and approval shall not be unreasonably
withheld .
6.3 Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial term . If the Agreement is renewed in accordance with Section 1, pricing
may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the Parties. Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in Subsection 6.2 . There is no
guarantee the City will accept a price adjustment.
6.4 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. Any issues regarding billing or invoicing must be directed to the Ci t y
Department/Division requesting the Service or Product from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following :
a. Contractor name , address , and contact information;
b. City billing information ;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms ;
f. Date of Service or delivery of Product ;
g. Description of Products or Services provided ;
h. If Products provided , the quantity delivered and pricing of each unit;
Page 4 of 33
i. Applicable taxes; and
j. Total amount due.
6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Procurement Cardle-Payables to make payment for orders under the
Agreement; otherwise, payment will be through a traditional method of a check or
Electronic Funds Transfer (EFT) as available.
6.6 Disallowed Costs. Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge
for Products/Service not in accordance with the Agreement, the City will notify Contractor
in writing of the disallowance; such notice will state the means of correction which may be,
but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the
amount of the disallowance, or to require repayment of the disallowed amount by
Contractor. Contractor will be provided with the opportunity to respond to the notice.
7 . Insurance.
7.1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement,
at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance
companies authorized to do business in the State of Arizona; the insurance must cover the
Products/Service to be provided by Contractor under the Agreement. For any insurance
required under the Agreement, Contractor will name the City of Mesa, its agents,
representatives, officials, volunteers, officers, elected officials, and employees as
additional insured, as evidenced by providing either an additional insured endorsement or
proper insurance policy excerpts.
Nothing in this Section 7 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
7.2 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under
the Agreement by Contractor, its agents, representatives, employees , or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may
be necessary.
7.3 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the Term of the Agreement.
7.4 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate
of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer
with applicable endorsements. The City reserves the right to request additional copies of
any or all of the policies, endorsements, or notices relating thereto required under the
Agreement.
7.5 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance
is primary of all other sources available. When the City is a certificate holder and/or an
additional insured, Contractor agrees no policy will expire, be canceled, or be materially
changed to affect the coverage available without advance written notice to the City.
7 .6 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives , officials, volunteers ,
officers, elected officials, and employees for any claims arising out of the work of Contractor
where permitted by law.
Page 5 of 33
7.7 All insurance certificates and applicable endorsements are subject to review and approval
by the City's Risk Management Division.
7.8 Types and Amounts of Insurance. Contractor must obtain and retain throughout the
term of the Agreement, at a minimum, the following:
7.8 .1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees . If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
7.8.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Contractual Liability. For Commercial
General Liability insurance, the City of Mesa, their agents, officials, volunteers,
officers, elected officials or employees shall be named as additional insured, as
evidenced by providing an additional insured endorsement.
7.8.3 Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non-owned autos.
8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. If the City cancels a purchase order following
shipment of the Products but prior to delivery, the City shall pay all freight and handling charges for
shipment and return shipment of such Products to Contractor. All returns shall be made in
accordance with Contractor's Return Policy found at www .shi.com/returnpolicy and this Agreement,
with the terms of this Agreement controlling. The City will not reimburse Contractor for any
avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of Product, or performance of Services. The City reserves the right to purchase
contracted items through other sources if determined in the best interests of the City to do so.
9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at
the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the
requirements set forth the Mesa Standard Terms and Conditions that are attached to the
Agreement as Exhibit C.
10. WARRANTY. Contractor warrants that the Services and Products will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all Services will be performed in a good ,
workman-like and professional manner. The City's acceptance of Services or Products provided
by Contractor will not relieve Contractor from its obligations under this warranty. If any Products or
Services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide Products or redo such Services until in accordance
with this Agreement and to the City's reasonable satisfaction.
11 . OEM PRODUCT WARRANTY. Contractor is a value -added reseller ("VAR") of Products, not the
Original Equipment Manufacturer ("OEM") or licensor, and , except as provided herein, Contractor
disclaims any warranty responsibility regarding warranties provided by the OEM for the Products
provided under this Agreement ("OEM Product Warranty"). Contractor shall forward the OEM
Product W arranties to the City which are provid e d to Contractor from the OEM of the Product and,
to the extent granted by the OEM, the City shall be the beneficiary of the OEM 's Product Warranties
Page 6 of 33
with respect to the Product. Contractor is not a party to any such terms of the OEM Product
Warranty between the City and OEM and the City agrees to look to the OEM for satisfaction of any
and all OEM Product Warranty claims related to that OEM's Product.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, CONTRACTOR HEREBY
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY
RELATING TO THIRD PARTY SERVICES OR PRODUCTS . THE DISCLAIMER CONTAINED IN
THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY OEM PRODUCT WARRANTY.
12. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the
Agreement or with Contractor's undertaking of the relationship with the City;
b. Performance of the Services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the
Agreement any proprietary information or trade secret of a former employer of its
employees (other than City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or
written, in conflict with the Agreement.
13. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein . In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions .
14. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
15. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control .
Exhibits to this Agreement are the following :
(A) Scope of Work I Technical Specifications
(B) Pricing
(C) Mesa Standard Terms and Conditions
16. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
17. Title. Risk of Loss, Returns. Contractor shall transfer to the City good and merchantable title to
the Product, free from all liens, encumbrances and claims of others, upon delivery of the Product
to and its receipt by the City, at which time title and risk of loss shall vest fully in the City, unless
Page 7 of 33
notice of rejection is provided to Contractor's authorized representative within three (3) business
days after such delivery. All returns of Product shall be made in accordance with this Agreement
and Contractor's Return Policy found at www .shi.com/returnpolicy, with the terms of the Agreement
controlling.
18. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
19 . Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
By executing below, each Party acknowledges that it understands , approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written .
SHI INTERNATIONAL CORP.
By:
Cassie Skelton
Printed Name Printed Name ~1 ~S 5taJic.c.s 'bi~ Contracts Manager
~~~~~~~~~~~~~~~~~
Title Title
2 -27-/B:J 2127/18
Date Date
Page 8 of 33
EXHIBIT A
SCOPE OF WORK
1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications:
a. A full range of information technology solution Products and Services to meet varying
requirements of governmental agencies .
b. Have a strong national presence as a computer solutions provider.
c. Have a distribution model capable of delivering Products, free of charge, in a timely manner
on a nationwide basis.
d. Have a demonstrated sales presence.
e. Ability to provide a toll-free telephone and state of the art electronic facsimile and internet
ordering and billing capabilities.
f . Be able to meet the minimum requirements of the cooperative purchasing program detailed
herein.
2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for
customers placing orders with the Contractor is through the following:
a. Online
b. Telephone
c . Fax
d. Email
3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide
variety of Information Technology Solution Products including but not limited to the following
categories:
a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops
from Enterprise Tier and Middle Tier Contractors that are business related computers ,
manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard,
IBM I Lenovo and Toshiba .
b. Standard Business Workstation: These will be used for typical tasks, which will include
word processing, spreadsheet analysis, database management, business graphics ,
statistical analysis, internet, and other office automation activities. Product will include the
operating system license, software media and documentation in the hardware shipment.
c. High End Workstation : These will be used by application developers using GIS, CASE or
other high-level language development tools , Computer Aided Design and Drafting
professional, Internet Application developers or other sophisticated application work.
Product will include the operating system license, software media and documentation in
the hardware shipment.
d. Laptop Computer or Notebook : These will be used by traveling or remote access users for
typical office automation and business productivity use. With a port replicator or docking
station, it may also be used as a standard desktop. Product will include the operating
system license, software media and documentation in the hardware shipment.
e. Network Equipment: This includes equipment primarily used for communications over an
IP network. This includes layer 2 and layer 3 switches, routers, area wireless access
points, point-to-point wireless access, optics , media interfaces (i.e. serial, T1, T3, OC3)
and fiber channel. Class of equipment should include home office, small and medium
business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell ,
Page 9 of 33
Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and
Brocade Communications Systems.
f. Monitors: These will include plug and play compatible monitors that are manufactured for
the above systems and/or any other brand that may be specifically called for by the ordering
entity and which meet the most current UL and OSHA requirements.
g. Computer and Network Products and Peripherals: Complete availability of major
manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator
cards, network interface cards, cables, printers, scanners, keyboards, drives, memory
cards, cables, batteries, etc.
h. Services: Services such as cloud computing, consulting, technical support,
leasing/financing, trade-ins, repair, design, analysis, configuration, implementation,
installation, training, and maintenance, etc. In addition, Services which are related to the
design, use or operation of the Products being purchased such as system configurations,
testing, hardware/software installation, upgrades, imaging, etc.
Note: All hardware must come fully assembled. For example, if extra memory, additional
drives or peripherals are ordered, the Contractor must install them unless the Participating
Agency request they not be installed. Contractor shall provide these assembly and
installation services as stated in the applicable Order; any additional terms and costs that
may apply will be identified in the quote.
In cases of custom configuration (e .g .: imaging, etching, kitting, build to order machines,
rack and stack servers) and large roll outs, there may be an additional cost associated with
assembly. Any additional costs will be noted at the time of quoting.
Installation/deployment projects typically are governed by a scope of work specific to the
project which may require an additional cost. If installation is requested the Contractor will
review options and provide the scope of work as well as any associated costs at the time
of quoting .
i. Comprehensive Product Offering: Contractor's complete catalog and Services set forth in
Exhibit B shall be available. The City reserves the right to accept or reject any or all items
offered .
j. Financing : Options available such as lease programs and conditional sales contracts .
4. LICENSES. Participating Agencies may be required to sign a separate agreement, rider or End
User Licensing Agreement ("EULA") as required by manufacturers.
5. DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor
at no cost to the City in accordance with this Agreement and Contractor's Return Policy found at
www .shi .com/returnpolicy, with the terms of this Agreement controlling. Contractor will order a
replacement unit within one (1) business day of notice of damage, defect or DOA from the City.
The cost of transportation, unpacking, inspection, re-packing, re -shipping or other like expenses
shall be paid by the Contractor. All replacement Products must be received by the City within seven
(7) days of initial notification.
Page 10 of 33
(
Item
# Product
1) Group 1 -Systems
2) Group 2 -Input Devices
3) Group 3 -Output Devices
EXHIBIT B
PRICING
Product I Group
1) Desktops
2) Notebooks
3) Tablets
4) Servers
(1 Processor, 2 Processor, 4+
Processor, Blade, Tower, Unix,
Handhelds, etc)
5) Keyboards
6) Mice
7) Imaging Scanners
8) POS Scanners
9) Pointing Devices
10) Bar Code Readers
11) Audio Input
12) Input Adapters
13) PC and Network Cameras
14) Input Cables
15) Input Accessories
16) Displays
17) Printers
Page 11of33
Discount Manufacturer Name
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
5.00% SH l's Full Catalog of
Input Devices
5.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices .
4.00% SHl's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.50% SH l's Full Catalog of
Output Devices
4.50% SH l's Full Catalog of
Output Devices
4.50% SH l's Full Catalog of
18) Inkjet Printers Output Devices
4.50% SH l's Full Catalog of
19) Inkjet Photo Printers Output Devices
4.50% SH l's Full Catalog of
20) Laser Printers Output Devices
4.50% SH l's Full Catalog of
21) Label Printers Output Devices
4.50% SH l's Full Catalog of
22) Dot Matrix Printers Output Devices
4.50% SH l's Full Catalog of
23) Multi-Function Printers Output Devices
4.50% SH l's Full Catalog of
24) Wide Format Printers Output Devices
4.50% SH l's Full Catalog of
25) Multi-Function Inkjet Printers Output Devices
4.50% SH l's Full Catalog of
26) Wide Format Printers Output Devices
4.50% SH l's Full Catalog of
27) Fax Machine Printers Output Devices
4.50% SH l's Full Catalog of
28) Printer Accessories Output Devices
4.50% SH l's Full Catalog of
29) Projectors Output Devices
4.50% SH l's Full Catalog of
30) Projector Accessories Output Devices
4.50% SH l's Full Catalog of
31) Audio Input Output Devices
4.50% SH l's Full Catalog of
32) Video Cards Output Devices
4.50% SH l's Full Catalog of
33) Sound Cards Output Devices
4.50% SH l's Full Catalog of
34) Output Accessories Output Devices
4 .50% SH l's Full Catalog of
35) Printer Consumables Output Devices
36) Desktop
4.50% SH l's Full Catalog of
Memory
4) Group 4 -Memory
37) Flash
4.50% SH l's Full Catalog of
Memory
Page 12 of 33
38) Networking
4.50% SH l's Full Catalog of
Memory
39) Notebook
4.50% SH l's Full Catalog of
Memory
40) Printer I Fax
4.50% SH l's Full Catalog of
Memory
41) Server
4.50% SH l's Full Catalog of
Memory
4.00% SH l's Full Catalog of
42) Adapters Fiber Channel Storage Devices
4.00% SH l's Full Catalog of
43) Adapters FireWire I USB Storage Devices
4 .00% SH l 's Full Catalog of
44) Adapters IDE/ATA/SATA Storage Devices
4.00% SH l's Full Catalog of
45) Adapters RAID Storage Devices
4 .00% SH l's Full Catalog of
46) Adapters SCSI Storage Devices
4.00% SH l's Full Catalog of
47) Bridges & Routers Storage Devices
48) Disk Arrays 4.00% SH l's Full Catalog of
Storage Devices
49) Disk Arrays JBOD 4 .00% SH l's Full Catalog of
Storage Devices
5) Group 5 -Storage Devices 50) Drives Magneto-Optical 4.00% SH l's Full Catalog of
Storage Devices
51) Drives Removable Disks 4.00% SH l's Full Catalog of
Storage Devices
52) Fiber Channel Switches 4.00% SH l's Full Catalog of
Storage Devices
53) Hard Disks -External 4.00% SH l's Full Catalog of
Storage Devices
4.00% SH l's Full Catalog of
54) Hard Disks -Fiber Channel Storage Devices
4.00% SH l's Full Catalog of
55) Hard Disks -IDE/ATA/S Storage Devices
4.00% SH l's Full Catalog of
56) Hard Disks -Notebook Storage Devices
4.00% SH l's Full Catalog of
57 ) Hard Disks -SCSI Storage Devices
Page 13 of 33
4.00% SH l's Full Catalog of
58} Networking Accessories Storage Devices
4.00% SH l's Full Catalog of
59} Optical Drives -CD-ROM Storage Devices
4.00% SH l's Full Catalog of
60} Optical Drives -CD-RW Storage Devices
61) Optical Drives -DVD-CD 4 .00% SH l's Full Catalog of
Storage Devices
62} Optical Drives -DVD-RW 4.00% SH l's Full Catalog of
Storage Devices
63} Storage Accessories 4 .00% SH l's Full Catalog of
Storage Devices
64) Storage -NAS 4.00% SH l's Full Catalog of
Storage Devices
65) Storage -SAN 4 .00% SH l's Full Catalog of
Storage Devices
66} Tape Autoloaders -AIT 4.00% SH l's Full Catalog of
Storage Devices
4.00% SH l's Full Catalog of
67} Tape Autoloaders -DAT Storage Devices
4.00% SH l's Full Catalog of
68} Tape Autoloaders -DLT Storage Devices
4.00% SH l's Full Catalog of
69} Tape Autoloaders -L TO Storage Devices
4.00% SH l's Full Catalog of
70} Tape Drives -4mm Storage Devices
4.00% SH l's Full Catalog of
71} Tape Drives -8mm/VXA Storage Devices
4.00% SHl's Full Catalog of
72} Tape Drives -AIT Storage Devices
4.00% SH l's Full Catalog of
73} Tape Drives -DAT Storage Devices
74) Tape Drives -DLT 4 .00% SH l's Full Catalog of
Storage Devices
75} Tape Drives -LTO/Ultrium 4.00% SH l's Full Catalog of
Storage Devices
76} Tape Drives SDLT 4.00% SH l's Full Catalog of
Storage Devices
77} Tape Drives -Travan 4.00% SH l's Full Catalog of
Storage Devices
Page 14 of 33
78) 10/100 Hubs & Switches 5.00% SH l's Full Catalog of
Network Equipment
79) Bridges & Routers 5.00% SH l's Full Catalog of
Network Equipment
5.00% SH l's Full Catalog of
80) Gigabit Hubs & Switches Network Equipment
5.00% SH l's Full Catalog of
81) Concentrators & Multiplexers Network Equipment
5.00% SH l's Full Catalog of
82) Hardware Firewalls Network Equipment
5.00% SH l's Full Catalog of
83) Intrusion Detection Network Equipment
5.00% SH l 's Full Catalog of
84) KVM Network Equipment
5.00% SH l's Full Catalog of
85) Modems Network Equipment
6) Group 6 -Network 5 .00% SH l's Full Catalog of
Equipment 86) Network Test Equipment Network Equipment
5.00% SH l's Full Catalog of
87) Network Adapters Network Equipment
5.00% SH l's Full Catalog of
88) Network Cables Network Equipment
5.00% SH l's Full Catalog of
89) Network Accessories Network Equipment
5.00% SH l's Full Catalog of
90) Repeaters & Transceivers Network Equipment
5.00% SH l 's Full Catalog of
91) Wireless LAN Accessories Network Equipment
5.00% SH l's Full Catalog of
92) Token Authentication Network Equipment
5.00% SH l's Full Catalog of
93) lOG Fiber Optic Transceivers Network Equipment
5.00% SH l's Full Catalog of
94) lG Fiber Optic Transceivers Network Equipment
95) Licensing Packages 4.50% SH l's Full Catalog of
(e.g . Microsoft) Software
7) Group 7 -Software
4.50% SH l's Full Catalog of
96) Licensing Backup Software
4 .5 0% SH l's Full Catalog of
97) Licensing Barcode/OC Software
Page 15 of 33
4.50% SH l's Full Catalog of
98) Licensing Business Application Software
4.50% SH l's Full Catalog of
99) Licensing CAD/CAM Software
4.50% SH l's Full Catalog of
100) Licensing -Cloning Software
4.50% SH l's Full Catalog of
101) Licensing -Computer Services Software
4.50% SH l's Full Catalog of
102) Licensing -Database Software
4.50% SH l's Full Catalog of
103) Licensing -Development Software
4.50% SH l's Full Catalog of
104) Licensing -Entertainment Software
4.50% SH l's Full Catalog of
105) Licensing -Financial Software
4.50% SH l's Full Catalog of
106) Licensing -Flow Chart Software .
4.50% SH l's Full Catalog of
107) Licensing -Graphic Design Software
4.50% SH l's Full Catalog of
108) Licensing -Handheld Software
4 .50% SH l's Full Catalog of
109) Licensing -Network OS Software
4.50% SH l's Full Catalog of
110) Licensing -OS Software
111) Licensing -Personal 4.50% SH l's Full Catalog of
Organization Software
4.50% SH l's Full Catalog of
112) Licensing -Presentation Software
4.50% SH l's Full Catalog of
113) Licensing -Reference Software
4 .50% SH l 's Full Catalog of
114) Licensing -Report Analysis Software
4.50% SH l's Fu ll Catalog of
115) Licensing -Spreadsheet Software
4 .50% SH l's Full Catalog of
116) Licensing -Utilities Software
4.50% SH l 's Full Catalog of
117) Licensing -Warranties Software
Page 16 of 33
4.50% SH l's Full Catalog of
118) Licensing -Web Development Software
4.50% SH l's Full Catalog of
' 119) Licensing -Word Processing Software
4.50% SH l's Full Catalog of
120) Software -Backup Software
4.50% SH l's Full Catalog of
121) Software -Barcode /OCR Software
122) Software -Business 4.50% SH l's Full Catalog of
Application Software
4 .50% SH l's Full Catalog of
123) Software -CAD/CAM Software
4.50% SH l's Full Catalog of
124) Software -Cloning Software
4.50% SH l's Full Catalog of
125) Software -Computer Services Software
4.50% SH l's Full Catalog of
126) Software -Database Software
4 .50% SH l's Full Catalog of
127) Software -Development Software
4.50% SH l's Full Catalog of
128) Software -Entertainment Software
4.50% SH l's Full Catalog of
129) Software -Financial Software
4.50% SH l's Full Catalog of
130) Software -Flow Chart Software
4.50% SH l's Full Catalog of
131) Software -Graphic Design Software
4.50% SH l's Full Catalog of
132) Software -Handheld Software
4.50% SH l's Full Catalog of
133) Software -OS Software
134) Software -Personal 4 .50% SH l's Full Catalog of
Organization Software
4.50% SH l's Full Catalog of
135) Software -Presentation Software
4.50% SH l's Full Catalog of
136) Software -Reference Software
4.50% SH l's Full Catalog of
137) Software -Report Analysi s Software
Page 17 of 33
4.50% SH l's Full Catalog of
138) Software -Spreadsheet Software
4.50% SH l's Full Catalog of
139) Software -Utilities Software
4 .50% SH l's Full Catalog of
140) Software -Warranties Software
4.50% SH l's Full Catalog of
141) Software -Web Development Software
4.50% SHl's Full Catalog of
142) Software -Word Processing Software
4.00% SH l 's Full Catalog of
143) Media -4mm tape Media Supplies
4.00% SH l's Full Catalog of
144) Media -AIT tape Media Supplies
4.00% SH l's Full Catalog of
145) Media -DAT tape Media Supplies
4.00% SH l's Full Catalog of
146) Media -DLT tape Media Supplies
147) Media LTO I Ultrium tape 4.00% SH l's Full Catalog of
drive Media Supplies
8) Group 8 -Media Supplies
4.00% SH l's Full Catalog of
148) Media -Magneto -Optical Media Supplies
4.00% SH l's Full Catalog of
149) Media -Optical Media Supplies
4.00% SH l's Full Catalog of
150) Media -SLR tape Media Supplies
4.00% SH l's Full Catalog of
151) Media -Travan tape Media Supplies
4.00% SH l's Full Catalog of
152) Media -VXA tape Media Supplies
4.00% SH l's Full Catalog of
153) Media -zip Media Supplies
4.00% SH l's Full Catalog of
Collaboration and IP
154) IP phones Telephony
Group 9 -Collaboration &
4.00% SH l's Full Catalog of
9) IP Telephony
Collaboration and IP
155) Video conferencing products Telephony
4 .00% SH l's Full Catalog of
Collaboration and IP
156) Voice gateways I servers Tel ephony
Page 18 of 33
4.00% SH l's Full Catalog of
Co llaboration and IP
157 ) Headsets Te le phony
4.00% SH l's Full Catalog of
Co llaboration and IP
15 8 ) Audio conferencing products Telephony
4 .00% SH l's Full Catalog of
Collaboration and IP
159) Analog phones Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
160) Accessories Telephony
4 .00% SH l's Full Catalog of
161) Advanced Integration Other
4.00% SH l's Full Catalog of
l62) Asset Disposal Other
4.00% SH l's Full Catalog of
163 ) Asset Management Other
4.00% SH l's Full Catalog of
164) Cables Other
4.00% SH l's Full Catalog of
l65) cables -custom Other
4.00% SH l's Full Catalog of
166) Cables -printer Other
4.00% SH l's Full Catalog of
Other 167) Complex warranties
4.00% SH l's Full Catalog of
10) Group 10 -Other
168) Desktop Accessories Other
4.00% SH l's Full Catalog of
169) Display Accessories Other
4.00% SH l's Full Catalog of
170) Electronic Services Other
4.00 % SH l's Full Catalog of
171) Handheld Accessories Other
4 .0 0% SH l's Full Catalog of
l7l) Imaging Accessories Other
4 .0 0% SH l's Full Catalog of
173 ) Imaging -Camcorders Other
4.0 0% SH l's Full Catalog of
174) Imaging _ Di g ital Cameras Other
Page 19 of 33
4.00% SHI 's Full Catalog of
175 ) Internal Lab Service Ot her
4.00% SH l's Full Catalog of
17 6) Lab fees Ot her
4.00% SH l's Full Catalog of
17 7 ) Managed Services 0 ther
4 .00% SH l's Full Catalog of
178) Miscellaneous solutions Other
4.00% SH l's Full Catalog of 179) Mounting hardware for
Other vehicles
4.00% SH l's Full Catalog of
180) Networking Warranties Other
4.00% SH l's Full Catalog of
181) Notebook Accessories Other
4.00% SH l's Full Catalog of
182) Notebook Batteries Other
4.00% SH l's Full Catalog of
183 ) PC Lab order services Other
4.00% SH l's Full Catalog of
184) PCS Accessories Other
4.00% SH l's Full Catalog of
185) PCS Displays Other
4.00% SHl's Full Catalog of
186) Power Accessories Other
4.00% SH l's Full Catalog of
187 ) Power Surge Protection Other
4.00% SH l's Full Catalog of
188) Power UPS Other
4.00% SH l's Full Catalog of
189) Server Accessories Other
4.00% SH l's Full Catalog of
l90) service Charge Other
4.00 % SH l's Full Catalog of
191) System Components Other
4.0 0% SH l's Fu ll Catalog of
192) Training Courses Other
4.0 0% SH l's Full Catalog of
193) Training Reference Manuals Other
4 .0 0% SH l's Full Catalog of
194) Warranties. Electronic Other
Page 20 of 33
4.00% SHl's Full Catalog of
195) iPAD I Tablet Stylus Other
4.00% SH l's Full Catalog of
196) Mouse I Wrist Pads Other
4.00% SH l's Full Catalog of
197) Security locks and Hardware Other
4 .00% SH l's Full Catalog of
198) Tools Other
199) Document Scanner 4.00% SH l's Full Catalog of
Accessories Other
4.00% SH l's Full Catalog of
200} Flatbed Scanners Other
4.00% SH l's Full Catalog of
201) Mobile Scanners Other
4.00% SH l 's Full Catalog of
202) Network Scanners Other
4.00% SH l's Full Catalog of
203} Sheet fed Scanners Other
4 .00% SH l's Full Catalog of
204) Wide Format Scanners Other
205) Workgrou p I Department 4.00% SH l's Full Catalog of
Scanner Other
4.00% SH l's Full Catalog of
206) Build to Order Desktops Other
4.00% SH l's Full Catalog of
207) Nettop Other
4.00% 5Hl's Full Catalog of
208} Point of Sale Other
4.00% SH l's Full Catalog of
209) Ultra Small Form Factor Other
210) Apple I Mac Memory 4.00% SH l's Full Catalog of
Upgrades Other
4.00% SH l's Full Catalog of
211 ) Chips/ SIMMs/SIPPs / ROMs Other
4.00% SH l 's Full Catalog of
212) Computer Cases Other
4.00% SH l's Full Catalog of
213) CPUs/ Fans Other
4.00% SH l's Full Catalog of
214) M emory Accessories Other
Page 21of33
4.00% SH l's Full Catalog of
215) Motherboards/ Chassis Other
4.00% SH l's Full Catalog of
216) 1 - 2 port Serial Boards Other
4.00% SH l's Full Catalog of
217) 3+ port Serial Boards Other
4.00% SH l's Full Catalog of
218) Console Server Other
4.00% SH l's Full Catalog of
219) Device Server Other
4 .00% SH l 's Full Catalog of
220) Terminal Server Other
4.00% SH l's Full Catalog of
221) Content Management Other
4.00% SH l's Full Catalog of
222) Firewall I VPN Appliances Other
223) Multifunction Security 4.00% SH l's Full Catalog of
Appliances Other
4.00% SH l's Full Catalog of
224) Network Camera Accessories Other
4.00% SH l's Full Catalog of
225) Network Cameras Other
226) Physical/Environmental 4.00% SH l's Full Catalog of
Security Other
227) Security Appliance 4.00% SH l's Full Catalog of
Accessories Other
4 .00% SH l's Full Catalog of
228) Security Tokens Other
4.00% SH l's Full Catalog of
229) Unified Threat Management Other
4.00% SH l's Full Catalog of
230) 2-way Radios I Walkie Talkies Other
4.00% SH l 's Full Catalog of
231 ) Apple Notebooks Other
232) Convertible PCs I Slate PCs/ 4.00% SH l's Full Catalog of
iPAD Other
4.00% SH l's Full Catalog of
233) iPAD Other
4.00% SH l's Full Catalog of
234) Slate Tablet Computers Other
Page 22 of 33
4.00% SHI 's Full Catalog of
235 ) GPS/ PDA Ot her
4.00% SH l's Full Catalog of 236 ) Wireless Communication
Ot her De vices
4.00% SH l's Full Catalog of
23 7) Batteries Other
4.00% SH l's Full Catalog of
23 8) Power Supplies I Adapters Other
4.00% SH l's Full Catalog of
239) Rackmountain Equipment Other
4.00% SH l's Full Catalog of
240) Remote Power Management Other
4.00% SH l's Full Catalog of
241 ) Surge Suppressors Other
4 .00% SH l's Full Catalog of
242 ) UPS/ Battery Backup Other
4.00% SH l's Full Catalog of
243 ) 14" & smaller LCD Display Other
4.00% SH l's Full Catalog of
244) 15-19" LCD Display Other
4.00% SH l's Full Catalog of
245 ) 15_1911 Wide LCD Display Other
4.00% SHl's Full Catalog of
246) 15-19" Wide LED Display Other
4.00% SH l's Full Catalog of
247) 20-30" LCD Display Other
4.00% SH l's Full Catalog of
248) 20•30 11 Wide LCD Display Other
4 .00% SH l's Full Catalog of
249) 20-30" Wide LED Display Other
4.00% SH l's Full Catalog of
250) PColP and Zero Client Displays Other
4.00 % SH l's Full Catalog of
2 51) Arm Mounts Other
4.0 0% SH l's Full Cata log of
2 52) Ceiling Mounts Other
-
4.0 0% SH l 's Full Catalog of
253 ) Combo Mounts Other
4.0 0% SH l 's Full Catalog of
254 ) Desktop Sta nds I Risers Other
Page 23 of 33
4.00% SH l's Full Catalog of
255) Flat Wall Mounts ·Other
4.00% SH l's Full Catalog of
256) Mount Accessories Other
4.00% SH l's Full Catalog of
257) Pole Display Other
4.00% SH l's Full Catalog of
258) Stands I Carts I Feet Other
4.00% SH l's Full Catalog of
259) Tilt Wall Mounts Other
4.00% SH l's Full Catalog of
260) C-Cure Products Other
4.00% SH l's Full Catalog of
261) lstar Products Other
SERVICE STANDARD DISCOUNT FROM
HOURLY RATE STANDARD RATE
Design and Analysis $ 125.00 4%
Configuration $ 165.00 4%
Implementation $ 185.00 4%
11) Group 11-Services Installation $ 185.00 4%
Training $ 99.00 4%
Maintenance & Support $ 99.00 4%
All other Current and Future Products not specifically identified here will be
offered at a 4% discount off SHI Advertised List price. Please see description
below for more information on SH l's discount model for this contract.
All discounts articulated h er e r epresent the minimum discounts off SHI Advertised List Price; actu al discounts may be sig nificantly
higher.
Page 24 of 33
The comprehensive SHI offering for National IPA consists of all hardware, software, and services available to our customers in the
public sector marketplace. The discount structure offered to National IPA is based on our Advertised Price list which can be
located on www.shi.com. In many cases, SHI Advertised list Price already reflects a substantial discount off of Manufacturer
Published List prices. Given the breadth of manufacturers and products that SHI offers, there will be many opportunities for SHI
to secure additional discounts for eligible contract users. We work to provide your contract users with the most advantageous
pricing available, above and beyond the minimum discounts offered, whenever possible.
SHI prides ourselves on being honest and transparent with our customers especially when it comes to pricing. We base our
discount structure on SHI Advertised Price as this is a verifiable source. We do not inflate this Advertised Price for RFPs in order
to make our discounts appear larger. Other vendors may use MSRP or Publisher List price, which can be unreliable as a pricelist
may not exist for every product, a pricelist can change from day to day, and a pricelist can be inconsistent depending on where
you source the information from. When a vendor manipulates contract language in this manner or uses a loose definition of cost,
it results in an increase in profit for them and higher prices for customers.
SHI is willing to provide complete transparency over the life of the contract as it relates to our costs and what we charge National
IPA customers.
Page 25 of 33
r
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. Th is Agreement may not be assigned either in whole or in part without first
receiving the other Party's written consent. Any attempted assignment, either in whole or in part,
without such consent will be null and void and in such event the other Party will have the right at its
option to terminate the Agreement. No granting of consent to any assignment will relieve either
Party from any of its obligations and liabilities under the Agreement. Notwithstanding the foregoing,
either Party may assign this Agreement and its rights, interests, liabilities and obligations
thereunder to a successor pursuant to a merger, consolidation or sale of all or substantially all its
assets following sixty (60) days written notice.
4 . SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD~PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6 . NON-EXCLUSIVITY. The City, in its sole discretion , reserves the right to request the Products or
Services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7 . AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties . No charge for extra work or Product will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licens es, and pay all charg es a nd fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully
informed of existing and future federal, state, and local laws, ordinances, and regulations
that in any manner affect the fulfillment of this Agreement and must comply with the same
at its own expense. Contractor bears full responsibility for training , safety, and providing
necessary equipment for all Contractor personnel to achieve throughout the term of the
Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any
programs, procedures, and other activities used to ensure compliance.
Page 26 of 33
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to
ensure the safety and health of all persons working on City contracts and projects.
Contractor will require a drug-free workplace for all Contractor personnel working under
this Agreement. Specifically, all Contractor personnel who are working under this
Agreement must be notified in writing by Contractor that they are prohibited from the
manufacture, distribution, dispensation, possession, or unlawful use of a controlled
substance in the workplace. Contractor agrees to prohibit the use of intoxicating
substances by all Contractor personnel, and will ensure that Contractor personnel do not
use or possess illegal drugs while in the course of performing their duties .
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit
the City and its agents to inspect applicable personnel records to verify such compliance
as permitted by law. Contractor will ensure and keep appropriate records to demonstrate
that all Contractor personnel have a legal right to live and work in the United States .
i. As applicable to Contractor, under the provisions of A RS. § 41-4401, Contractor
hereby warrants to the City that Contractor and each of its subcontractors will
comply with, and are contractually obligated to comply with, all federal immigration
laws and regulations that relate to their employees and A.R.S . § 23-214{A)
{hereinafter "Contractor Immigration Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material
breach of this Agreement and will subject Contractor to penalties up to and
including termination of this Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel
who provide services under this Agreement to ensure that Contractor or its
subcontractors are complying with the Contractor Immigration Warranty .
Contractor agrees to assist the City in regard to any such inspections .
iv. The City may, at its sole discretion, conduct random verification of the employment
records of Contractor and any subcontractor to ensure compliance with the
Contractor Immigration Warranty. Contractor agrees to assist the City in regard to
any random verification performed .
v. Neither Contractor nor any subcontractor will be deemed to have materially
breached the Contractor Immigration Warranty if Contractor or subcontractor
establishes that it has complied with the employment verification provisions
prescribed by Sections 274A and 2748 of the Federal Immigration and Nationality
Act and the E-Verify requirements prescribed by A.RS. § 23-214 (A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate
against any employee or applicant for employment or person to whom it provides services
because of race , color, religion , sex, national origin, or disability, and represents and
warrants that it complies with all applicable federal, state, and local laws and executive
orders regarding employment. Contractor and Contractor's personnel will comply with
applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section
504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S .C. §
12101 et seq.), and applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S . § 35-392, Contractor must not be
in violation of section 6U) of the Federal Export Administration Act and subsequently
prohibited by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local
taxes related to or arising out of Contractor's Services under this Agreement, including by
way of illustration but not limitation, federal and state income tax, Social Security tax ,
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unemployment insurance taxes, and any other taxes or business license fees as required .
If any taxing authority should deem Contractor or Contractor employees an employee of
the City, or should otherwise claim the City is liable for the payment of taxes that are
Contractor's responsibility under this Agreement, Contractor will indemnify the City for any
tax liability, interest, and penalties imposed upon the City.
b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of Services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's
public records laws (A.R.S . § 39-121 et. seq .) and that any documents related to this Agreement
may be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
12.1 . If Contractor believes document related to the Agreement contains trade secrets or other
proprietary data, Contractor must notify the City and include with the notification a
statement that explains and supports Contractor's claim. Contractor also must specifically
identify the trade secrets or other proprietary data that Contractor believes should remain
confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any
documents or information Contractor deems confidential trade secrets or proprietary data,
the City, to the extent possible, will provide Contractor with prompt written notice by
certified mail, fax, email or other method that tracks delivery status of the requirement to
disclose the information so Contractor may seek a protective order from a court having
jurisdiction over the matter or obtain other appropriate remedies. The notice will include a
time period for Contractor to seek court ordered protection or other legal remedies as
deemed appropriate by Contractor. If Contractor does not obtain such court ordered
protection by the expiration of said time period, the City may release the information without
further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein . In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform Services under the Agreement or
who will have access to the City's information, data , or facilities in accordance with the City's current
background check policies . Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANC E AND REMOVAL OF CONTRACTOR PERSONN E L. The City w ill
have fin al authority, based on security reasons : (i) to determine when security clearance of
Contractor personnel is required ; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide Services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will , upon notice from the City,
remove any such individual from performance of Services under this Agreement.
16 . DEFAULT.
a. A party will be in default if that party:
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i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that
affects Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60)
calendar days;
iii. Conducts business in an unethical manner as set forth in the City Procurement
Rules Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating
in City procurements and solicitations in accordance with Article 6 of the City's
Procurement Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party
may, at its option and at any time, provide written notice to the defaulting party of the
default. The defaulting party will have thirty (30) days from receipt of the notice to cure the
default; the thirty (30) day cure period may be extended by mutual agreement of the parties,
but no cure period may exceed ninety (90) days. A default notice will be deemed to be
sufficient if it is reasonably calculated to provide notice of the nature and extent of such
default. Failure of the non-defaulting party to provide notice of the default does not waive
any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as
an anticipatory repudiation of the Agreement.
17 . REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies . In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be
effective immediately or at such other date as specified by the terminating party.
b. The City may purchase the Services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost
of obtaining substitute Services exceeds the contract price, the City may recover the
excess cost by : (i) requiring immediate reimbursement to the City; (ii) deduction from an
unpaid balance due to Contractor; (iii) collection against the proposal and/or performance
security, if any; (iv) collection against liquidated damages (if applicable); or (v) a
combination of the aforementioned remedies or other remedies as provided by law. Costs
includes any and all, fees, and expenses incurred in obtaining substitute Services and
expended in obtaining reimbursement, including, but not limited to , administrative
expenses, attorneys' fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all
rights at law or in equity that may be available to it.
d. Neither party will be liable for incidental , indirect, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days' written notice.
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20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S . § 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those Services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the Products and Services provided and received Contractor's properly prepared final
invoice.
Termination of this Agreement shall not affect the obligations of the City or Contractor under any
existing Order issued under this Agreement, and such Order shall continue in effect as though this
Agreement has not been terminated, and was still in effect with respect t6 such Order.
23 . NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Fa i lure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any Services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold
the City, its officers , agents, and employees, harmless from and against any and all
liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments,
including costs, attorneys', witnesses', and expert witnesses ' fees, and expenses incident
thereto, relating to, arising out of, or resulting from : (i) misconduct by Contractor personnel
under this Agreement; (ii) any negligent acts , errors , mistakes or omissions by Contractor
or Contractor personnel; and (iii) Contractor or Contractor personnel 's failure to comply
with this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by
this indemnification.
c . The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of
Contractor-provided supplies or Services.
d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS
AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY
CONTRACTOR, THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR
DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00
OVER THE ENTIRE TERM OF THE AGREEMENT.
25. (RESERVED)
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and exp e nse, furnish to th e City re asonabl e assistance and
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cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of Products or Services or any Products or Services at all under this Agreement
and acknowledges and agrees that the Products or Services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for Products or Services which exceed its actual needs.
28. OWNERSHIP. All deliverables, Services , and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports , test plans, and survey results , graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City. Notwithstanding
the foregoing, Contractor shall retain ownership rights to (1) all of its previously existing intellectual
property, including any systems, derivatives, modifications and enhancements thereto, (2)
confidential information of contractor, and (3) any tools or scripting applications used, developed
or created by Contractor or its third-party licensors during the performance of this Agreement.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30 . PROHIBITED ACTS. Pursuant to A.RS. § 38-504, a current or former public officer or employee
within the last twelve (12) months shall not represent another organization before the City on any
matter for which the officer or employee was directly concerned and personally participated in
during their service or employment or over which they had a substantial or material administrative
discretion . Further, while employed by the City and for two (2) years thereafter, public officers or
employees are prohibited from disclosing or using, without appropriate authorization, any
confidential information acquired by such personnel in the course of his or her official duties at the
City.
31 . FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss , injury, or destruction of goods or
equipment incidental to providing these Services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
33 . SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees .
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the Products and Services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim . Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City's use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a} modify the item so that it becomes non-infringing ; (b) procure for the City the
right to continue to use the item ; (c) substitute for the infringing item other item(s) having at least
equivale nt ca pability; or (d) refund to the City an amount equal to the pri ce pai d, less reasonable
usage , from the time of installation acceptance through cessation of use, which amount will be
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calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute Products or Services .
36 . CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
written to the contract for the addition or deletion of Services. Payment will be negotiated and
determined by the contract administrator(s).
37 . FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies
nationwide. The City has also entered into various cooperative purchasing agreements with other
Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE)
cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended
for use by other municipalities, school districts and government agencies through National IPA or
SAVE in the State of Arizona with the approval of Contractor. Any such usage by other entities
must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide Services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils . A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide Services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others. The City is
not a party to any agreements between the Contractor and National IPA, National IPA and other
agencies, the Contractor and other agencies, or any third-party contracts in any way related to this
Agreement or the cooperative use of this Agreement.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted . No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40 . NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid ; (iii) sent via overnight courier; or (iv) sent via email or facsimile .
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If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Maricopa County, Arizona.
42 . INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
44 . SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination , or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination .
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1-
502 , any person who applies to the City for a local public benefit (the definition of which includes a
grant, contract or loan) must demonstrate his or her lawful presence in the Un ited States. As the
Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole
proprietorship, Contractor agrees to sign and submit the necessary documentation to prove
compliance with the statutes as applicable.
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OFFICE OF THE CITY CLERK
COUNCIL MINUTES
February 5, 2018
The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers,
57 East 1st Street, on February 5, 2018 at 5:45 p.m.
COUNCIL PRESENT
John G iles
David Luna
Mark Freeman
Christopher Glover
Francisco Heredia
Kevin Thompson
Jeremy Whittaker
Mayor's Welcome .
COUNCIL ABSENT
Non e
OFFICERS PRESENT
Christopher Brad y
Dee Ann Mickelsen
Jim Smith
Invocation by Pastor Ben Di az with Palabra de Vida (Word of Life).
Pledge of Allegi ance was led by Councilmember Thompson.
Awards , Recognitions and Announcements .
There were no awards, recognitions or announcements.
1. Take act ion on a ll consent age nd a items .
All items li sted with an asterisk (*) will be considered as a group by the City Council and will be
enacted with one motion. There will be no separate discussion of these items unless a
Councilmember or citizen requests, in which event the item will be rem oved from the consent
agenda and considered as a separate item. If a citizen wants an item removed from the consen t
agenda, a blue card must be co mpl eted and given to the City Clerk prior to the Council 's vote on
the consent agenda .
It was moved by Councilmember Thompson, seconded by Co un c ilm ember Glover, that the
consent agenda items be a pproved .
Carried unanimously.
*2. Approval of minutes from previous meetings as written.
Minutes from th e J anu ary 8, 11, a nd 22, 2018 Counci l meeting s.
Regular Council Meeting
February 5, 2018
Page 2
3 . Take action on the following liquor license applications :
*3-a. It Ain't Chemo
This is a one-day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to
9 :00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1)
*3-b . AMC Superstition East 12
A multi-screen cinema is requesting a new Series 6 Bar License for American Multi-
Cinema Inc., 1935 South Signal Butte Road -Andrea Dahlman Lewkowitz, agent. There
is no existing license at this location. (District 6)
*3-c. ATL Wings
A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant
License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22-24 -Andrea
Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will
revert to the State. (District 4)
*3-d. Elgin Distillery
This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9 :00
A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue . (District 2)
*3-e. Village of Elgin Winery
This is a one-day wine festival event to be held on Saturday, March 3, 2018 from 9:00
A.M . to 4:00 P.M. at Sunl and Village, 4601 Ea st Dolphin Avenu e. (District 2)
4. Take action on the following off-track betting license application:
*4-a. Turf Paradise, TP Racing LLLP
New Off-Track Betting Li ce nse for Turf Para dise, TP Ra c ing LLLP to te le c ast at Moose
& Bea r, locate d at 118 East McKellips Roa d, Suite 10 3 , T B Con ce pt s LLC. Applic ant:
Vincent Acri Francia. (District 1)
5 . Take action on the following contracts:
*5-a . On e-Yea r Re newal to th e T erm Contra ct for Executive Physi ca ls for Citywid e
Departm ents as requ ested by th e Hum a n Resources De partm ent. (Citywide)
This contract provid es annual physicals for th e City's executive staff as a m eans of
maintaining optimum health. There are approx imately 65-70 po sitions eligible to
parti c ipate in thi s program .
T he Hum an Re sources Depa rtm ent and Purcha sing recomm e nd authori zin g th e re new al
co ntract with Ba nn e r O ccupation al Hea lth C lini cs , at $88 ,500 , based o n estim at ed
usa ge.
Regular Council Meeting
February 5, 2018
Page 3
*5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for
the Community Services Department. {Citywide)
This contract provides a vendor to collect and dispose of deceased animals up to 150
pounds that are reported within the City. The contractor is responsible for the proper
disposal by cremation or other means in accordance with the standards and methods
approved by the Maricopa County Health Department.
The Community Services Department and Purchasing recommend authorizing the
renewal contract with APM/Couts Enterprises , Inc., dba Arizona Pet Mortuary, at
$54,000, based on estimated usage.
*5-c . Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and
Medical Department (Sole Source). {Citywide)
The apparatus being replaced has met established replacem e nt criteria and will be sold
by a sealed bid process or traded-in as part of the City's fire apparatus purchase
agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units
to further offset the price for the Air/Light Rehab unit.
The Fire and Medical Department and Purchasing recommend authorizing the purchase
using the City's five-year purchase agreement with Pierce Manufacturing Inc., through
their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This
purchase is funded by the Capital-General Fund and authorized 2013 Public Safety
Bonds.
*5-d . Three-Year Term Contract for Landscape Maintenance Services for Parks , Retention
Basins and Sports Fields -Zones 1, 2, 3 and 4 for the Parks, Recreation and Community
Faciliti es Departm e nt (PRCF). {Citywide)
These contracts provide landscape maintenance services for sports fields, parkways ,
medians, parks , retention basins or grounds adjacent to City facilities . The City has
divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has
done an analysis to bring the work under this contra ct in -house and, at this time,
co ntracting continues to be in the b est fin a nc ia l interes t of th e City.
The evaluation committee recommends awarding the contract to the highest-scored
proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually;
Zone 2, at $959, 183.45 annually; Zone 3 , at $9 7 4,364.20 annually; and Zone 4, at
$1,221,738.22 annually; based on estimated us age.
*5-e. Three-Y e a r Term Co ntract for Plumbin g Se rvic es for th e Parks, Recreation a nd
Community Faciliti es Departm e nt. {Citywide)
This contract will establish a list of pre-qualifi ed plumbing co ntractors to perform
plumbing services on various City facilities/proje cts on an as-needed basis.
Th e evalu ati on co mmittee recomm e nd s aw arding th e co ntract to the four, hi g hes t-scored
proposa ls from Mesa Ene rgy Syste ms In c.; RKS Plumbin g and Mechani ca l In c .; Sun
Mec hani ca l Inc.; a nd W.D. Mano r Mecha ni ca l Contractors, In c .; cumul ative ly not to
exceed $100 ,000 a nnually, based on estimated usage .
Regular Council Meeting
February 5, 2018
Page 4
*5-f. Purchase of Furniture for the Main Library as requested by the Library Services
Department. (Citywide)
This purchase will provide seating and tables for two new rooms at the Main Library,
Teen Room and ThinkSpot. The Library worked with several vendors utilizing
cooperative contracts specifying their needs and goals with this project.
The Library Services Department and Purchas in g recommend authorizing the purchase
using the Northern Arizona University cooperative contract with Atmosphere Commercial
Interiors , at $50,876.25.
*5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for
Information Technology Solutions and Services for Various Departments throughout the
City. (Citywide)
This contract will provide the City and participating agencies a full range of information
technology solution products and services to meet varying requirements of governmental
agencies. The scope of products and services available under these contracts include
standard business and high-end workstations; laptop and notebook computers ; network
equipment; computer and network products and peripherals; monitors; various cloud,
consulting, and technical support services; financing; various software products; and the
contractors' comprehensive product offering.
Mesa, as the lead agency, has partnered with the National Intergovernmental
Purchasing Alliance Company (National IPA) to lead this contract. The contract will be
available to over 45,000 public agencies nationally. While no minimum volume is
guaranteed to the suppliers , the estimated annual volume of IT Solutions purchased
under this master agreement is approximately $500 million per year. The City will
receive rebates annually for administering and awarding this contract.
A committee representing the Police, and Information Technology Departments, City
Manager's Office, Police-Information Technology, National IPA and Purchasing
evaluated responses. The evaluation committee recommends awarding the contract to
the highest-scored proposals from CDW Government, LLC and SHI International Corp.,
at $3, 100 ,000 annually, based on estimated usage.
*5 -h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and
Supply Warehouse (for Citywide Depa rtments). (Citywide)
Multiple departments use this Citywide contract for th eir miscellaneous electrica l
eq uipm ent and supplies.
T he Bu sin ess Servi ces Dep artm e nt and Purc has ing recommend authoriz ing th e
purchase using the State of Ari zo na cooperative contract with Bord er States Industries ,
Inc., at $100,000, based on estimated usage .
*5 -i. Re-Award the Thre e-Year Term Contract for Microfilm Conversion Servi ces for th e
Poli ce De pa rtment. (Citywide)
This contract will provide services to con vert Po li ce Department data from microfilm to
digital media. Police, Record s Divi sion use microfilm that is becoming worn a nd
damaged . Th e previous vendo r is unable to satisfactorily fulfill the contract requirements .
r
Regular Council Meeting
February 5, 2018
Page 5
*5-j.
The Police Department and Purchasing recommend re-awarding the contract to the
second highest scored proposal, ICM Conversions, at $400,000 annually, based on
estimated usage.
Purchase of Falcon District Brand Signage as requested by the Economic Development
Department. {Citywide)
Continuing to build awareness and to promote the Falcon Field Economic Activity Area,
this purchase for the Falcon District signage includes the installation of two branded
monument signs to be located on Greenfield and Higley Roads, south of the 202.
Additionally, the City will install utility and transit signal box wraps and will mount
branded banners promoting aerospace, technology, and manufacturing on light poles
around the airport.
The Economic Development Department and Purchasing recommend authorizing the
purchase using the City of Peo ria cooperative contract with YESCO Phoenix, at
$146,670.49. This purchase is funded by Local Streets Sales Tax.
*5-k. Purchase of Three Replacement Rollback Traile rs for the Transportation Department.
{Citywide)
These trailers will replace three aging equipment trailers that are at the end of their
service life . The trailers will meet the needs and safety requirements for transporting the
large equipment required to perform street and right-of-way maintenance .
The Transportation Department and Purchasing recommend authorizing the purchase
using the National Joint Powers Alliance contract with Empire Southwest (a Mesa
business), at $176, 764. 77. This purchase is funded by Lo ca l Streets S ales T ax.
*5-1. One-Year Renewal to the Term Contract for Radio-Based Endpoint Encoders (for Water
Meter Reading) for the Water Resources Department. {Citywide)
Thi s contract provides Itron rad io-based endpoint encoders and accessories purchased
directly from Itron, Inc., th e m a nufacturer. The endpoint stores 40 days of hourly reads to
e nsure data integ rity a nd offers ad vanced c ustome r sid e leak detection and reve rse flow
a nd ta mper a larms . W at e r Utility in stalls app roxim at ely 540 rad io-based endpoint
encoders on new and existing meters annually.
The Water Resources Department and Purchasing recommend authorizing the renewal
with Itron, In c ., at $100,000 , based on estimated usage .
*5-m . Purc hase of W ate r Treatm e nt Pl a nt Shop Tools a nd Equipme nt for th e N ew S ig na l Butte
W ate r Treatm e nt P la nt as re qu est e d by th e W ater Resources Departm e nt. {Citywide)
This purchase is for tools and equ ipment n eeded for th e start-up and maintenan ce in th e
various shops at the new Signal Butte Water Treatment Plant.
The W ate r R esources Departm e nt a nd Purchas ing recomm e nd a w a rdin g th e co ntract t o
th e low est, respons ive and respo nsibl e b idders: Coppe r State Bolt & Nut Co. (a Mesa
busin ess); G le nd a le Indu stri a l Supply, LLC, dba UNI COA Con struction a nd In dustrial
Supply; Ma ll ory Safety & Supply LLC ; a nd W .W . Grainger, In c.; c umul ative ly not to
exceed $153,000, based o n estim at ed u sage.
Regular Council Meeting
February 5, 2018
Page 6
*5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water
Resources Department. (Citywide)
This contract provides 3" fire hydrant water meters to accurately measure construction
water use of fire hydrants. The meters are installed by Water Utility staff to serve
contractors and other customers needing to connect to City fire hydrants for temporary
construction water service and dust control purposes.
The Water Resources Department and Purchas ing recommend authorizing the renewal
with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated
usage.
*5-o. Greenfield Water Reclamation Plant (GWRP), Phase Ill Expansion Guaranteed
Maximum Price (GMP) No. 2. (Citywide)
The City of Mesa, Town of Gilbert, and Town of Qu ee n Creek seek to provide an
additional 14 million gallons per day annual average day flow of liquids and solids
treatment capacity at the existing GWRP, complete with the required infrastructure,
technology, and environmental features to ensure a reliable, efficient, and expanded
plant to meet the current and future demands .
Staff recommends awarding the contract for the completion of this project to McCarthy
Building Companies in the amount of $120,302,333 and authorize a change order
allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is
funded by the Greenfield Water Reclamation Plant Joint Venture Fund , with
contributions coming from its members based on usage. Mesa's portion of this GMP is
$72,229,521 and is funded by 2014 authorized Wastewater Bonds.
*5-p . Sewe r Pipe and Manhole Rehabilitation: Mesa Drive, Mill et Avenue , Horn e, and 6th
Avenue. (District 4)
The existing sanitary sewer lines covered by this project were built during the 1950's and
1960's. The age of these pipes greatly increases their risk of failure and emergency
repairs. This method of construction can be comp leted while le aving the pipe in place
a nd without excavation. Similarly, th e sewer manhol es will be cleaned, repa ired, and
coated in place. Only the co ncrete adjustment rings will be removed a nd replaced.
Staff recommends awarding the contract for this project to the lowest, responsible
bidder, B and F Contracting , Inc, in the amount of $1,394,294.67, and authorize a
c hange order allowance in the amount of $139,430 (10 %), for a total amount of
$1,533,724.67. Funding for this project is ava ilable from the 2014 Wastew ater Bond
Program.
*5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4)
To continue to me et current railroad approach a nd clearance standards at the Alma
School Ro ad railroad crossing, additional safety improveme nts will nee d to be made.
Th e proj ect improve ments for ro ad wa y a nd side wa lk approach at this location will
fac ilitat e greater publi c safety and nee d ed clea rances from railroad sign als a long with a
smoother roadway crossing of th e Union Pacific Railro ad track . Mesa will pa rticip ate in
th e federally-fund ed Railway-Highway Grad e Crossing Program , and will be respon sibl e
Re g ular Council Meetin g
Fe bruary 5, 2018
Page 7
for adjusting the existing concrete sidewalks around the proposed cantilevers and gat es,
and installing concrete medians .
This project was previously awarded by Council on July 10, 2017, however, the
previously selected contractor could not comply with the federal requirements and the
project was released for bid a second time .
Staff recommends awarding the contract to t he lowest, responsible bidder, AJP Electric ,
in the amount of $149,494 , plus an additional $14 ,949 (10%) as a change order
allowance , for a total amount of $164,443 . Funding is available from the Local Streets
Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transportation
(Federal) Grant under the Railway-Highway Grade Crossing .
6. Take action on the following resolutions :
*6-a . Approving a nd authorizing the City Manager to submit th e Second Substanti al
Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of
Housing and Urban Development related to the allocation of funding obtained under the
Community Development Block Grant (CDBG) program. This Amendment will allow for
reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247
North Macdonald) to the Eag les Park Proje ct (828 East Broadway Road). (District 4) -
Re solution No . 11088.
*6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the
Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act
(VOCA) grant funds. The finding will be used fo r salaries and expe nses for the Mesa
Prose cutors Office , Victim Servi ces Unit for a three -yea r period. (Citywide} -Resol ution
No. 11089.
*6-c. Approving and authori zing the City Manager to enter into a Lease Agreement with New
Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street , also
known as Mesa Fire Station 214. (District 5) -Res olution No . 11090.
*6-d . Approving and a uthori zing th e City Ma nage r to enter into a Development Agree men t for
City-Share R e imburseme nt with PPGN-Ray, LLLP, for th e reimbursement of $100,568
for reg iona l street and street li g hting impro v emen ts th at are being req uired by the City in
conjunction with a proposed residential development known as Crismon Road at PPGN ,
located at 546 1 South Ellsworth Road . (District 6) -Resolution No . 11091 .
*6-e. Approvin g and authoriz ing the City Ma nager to e nter into an Inte rgovernmental
Agreement w it h th e Ma ric opa County, Depa rtment of Tran sportation for the paveme nt
rehab ilitation of Adob e Road from Hi g ley Ro ad to Re cke r Ro ad . The City will con trib ute
a n est ima ted $54,4 17 for the portion of th e project th at is within City boundaries th at will
be funded from th e 2013 Street s Bond Program. (District 5) -Resolution No . 11092 .
*6 -f. Approving and authori z ing th e City M anager to e nter into First Am e ndm en t s to the
Develop m ent A gree m e nt , Ground and Air Lease, and Li ce ns e Ag reement with 3W
Manage ment, LLC , to facilitate th e deve lopment of, a nd j ob creatio n a nd re tention at, th e
City-o wn ed property ge nera lly located at th e southwest corner of Main Stree.t and South
Pome roy and 34 South Pomeroy , whi c h is th e deve lopment com monly known as Th e
GRID. (District 4) -Res oluti on No . 11093 .
Regular Council Meeting
February 5, 2018
Page 8
7. Introduction of the following ordinance and setting February 26, 2018 as the date of the public
hearing on this ordinance:
*7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side).
Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres).
Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow
for the development of an RV dealership and storage facility. Jeff Welker, Welker
Development Resources, applicant; Roger D. Overson, owner.
Staff Recommendation : Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
8. Discuss, receive public comment. and take action on the following ordinances:
*8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side).
Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from
RM-3-PAD to LC; and Site Plan Review . This request will allow for the development of a
commercial building .. John Schoenauer, HD Management, applicant; Sevilla, LLC,
owner. -Ordinance No. 5419.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation : Approval with conditions (Vote: 7-0)
*8-b . ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side).
Located east of Power Road on the north side of Ray Road (56 .0± acres). Rezone from
LI-AF to LI-AF-PAD. This request will allow for the development of a n industrial
subdivision. Omar Ce rvantes, XCL Engin eeri ng, LLC, applicant; Phx-M esa Gateway
Airport 193, LLC, owner. -Ordinance No. 5420.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation : Approval with conditions (Vote: 7-0)
*8-c. ZON17-00432 (District 3) Th e 800 and 900 blo cks of W est South e rn Ave nu e (south
side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and
900 blocks of West Grove Avenue (north side). Located at the southwest corner of
Southern Avenue and Extension Road (19 .3 ± ac res). PAD Amendment; Site Plan
Modification. Thi s req uest will allow the developm ent of a new multipl e-re sid ence
building in an existing multipl e-resid ence complex. Re ese And erson, Pew and Lake ,
PLC, appli ca nt; Edward B. Frankel, Trustee of th e Fra nke l Family Tru st , own e r. -
Ordinance No . 5421.
Staff Recommendation : Approval with conditions
P&Z Bo a rd R eco mm end ation: Approval with co ndition s (V ote : 7-0 )
9 . Take acti on on th e following sub d ivi sion plat:
*9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East So uth ern Avenu e (north
s ide), and th e 900 to 1200 blocks of South Los Alamos (west s id e). Locat ed east of
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Regular Council Meeting
February 5, 2018
Page 9
Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres).
KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer.
Items not on the Consent Agenda
10. Items from citizens present.
There were no items from citizens present.
11. Adjournment.
Without objection, the Regular Council Meeting adjourned at 5:57 p.m.
ATTEST:
DEE ANN MICKELSEN, CITY CLERK
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of
February, 2018. I further certify that the meeting was duly called and held and that a quorum was
present.
DEE ANN MICKELSEN, CITY CLERK
js
D1vc10 1 r of
_[~ CJl <"~CJl0-~'l 1 l Ui.'LS
D epartme n t of S tate I Div ision of C o q:iorations I Searc h Records I Searc h bY. EntilY. N ame I
Detail by Entity Name
Foreign Profit Corporation
SHI INTERNATIONAL CORP.
Filing Information
Document Number
FEl/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
PrinciP-al Address
290 Davidson Avenue
Somerset, NJ 08873
Changed: 04/18/2021
Mailing Address
290 Davidson Avenue
So merset, NJ 08873
Changed : 04/18/2021
F01000004066
22-3009648
08/02/2001
NJ
ACTIVE
NAME CHANGE AMENDMENT
05/01/2009
NONE
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PIN E ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 04/24/2017
Address Changed: 04/24/2017
Officer/Director Detai l
Name & Address
Title Director
Lee, Ce leste
D I V I S I ON OF CORPORAT I ONS
Document Images
04/06/2022 --ANNUAL REPORT V iew image in PDF format I
04/18/2021 --ANNUAL REPORT View image in PDF format I
05/26/2020 --ANNUAL REPORT View image in PDF format I
03/27/2019 --ANNUAL REPORT View image in PDF format I
01/16/20 18 --ANNUAL REPORT View image in PDF format I
04/24/2017 --Reg,___6gent Changg View image in PDF format I
01/09/2017 --ANNUAL REPORT View image in PDF fo rmat I
01/28/2016 --ANNUAL REPORT View image in PDF fo rmat I
02/23/2015 --ANNUAL REPORT View image in PDF format I
03/24/2014 --ANNUAL REPORT View image in PDF format I
01/23/2013 --ANNUAL REPORT View image in PDF fo rmat I
04/04/2012 --ANNUAL REPORT View image in PDF format I
02/15/2011 --ANNUAL REPORT V iew image in PDF format I
01/04/20 10 --ANNUAL REPORT View image in PDF format I
05/01/2009 --Name Changg View image in PDF format I
01/22/2009 --ANNUAL REPORT View image in PDF format I
06/24/2008 --RE INSTAT EMENT View image in PDF format I
01/14/2003 --AN N UAL REPORT View image in PDF format I
07/16/2002 --ANNUAL REPORT View image in PDF format I
08/02/2001 --Foreign Profit View image in PD F format I
Flo -!dd Department of Stare, Oivis:o-i of Corporat;cnr.
001 General Fund
Account
001.0201.519340
CONTRACTUAL SERVICES
te.ercent
Total for (2) Operating Expenses
Total expenses 0201 (Fund 001)
IT-Information Technol og
'iFotaIIE~penses for ill1und 001
515,000.00
515,000.00
515,000.00
515,000.00
515,000.00
515,000.00
515,000.00
5ili5,000.00
Fiscal Year: 2022
!E.xpended
189,891.87
189,891.87
189,891.87
189,89it.8i7
Fund Totals
001
General Fund $515,000.00 $189,891.87
Revenue/Expenses Balance: $189,891.87
001 Ge nera l Fund
Tria l Balance -Expenses
Trial Balance -
Encumbered Balance uast1Date
47,063 .55 278,044.58 7/14/2022
47,063.55 278,044.58
47,063.55 278,044.58
47,063.55 !7!8,044.$8 E~eflses
$47,063.55 $278,044.58
Printed : 8/1 /2 022 Page: 2
City of Mesa, AZ
Contract# 2018011-02
for
Information Technology Solutions and Services
with
SHI International Corp.
Effective: March 1, 2018
The following documents comprise the executed contract between the City
of Meza, AZ and SHI International Corp, effective March 1, 2018:
I. Executed Contract
II. Mayor and Council Approval
111. Supplier Response
IV. Original RFP
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2018011
INFORMATION TECHNOLOGY SOLUTIONS & SERVICES
CITY OF MESA, Arizona ("City")
Department Name
Mailing Address
Delivery Address
Attention
E-Mail
Phone
Fax
City of Mesa -Purchasing Division
P.O. Box 1466
Mesa, AZ 85211-1466
20 East Main St, Suite 400
Mesa, AZ 85201
Sharon Brause, CPPO, CPPB, CPCP
Senior Procurement Officer
Sharon. Brause@MesaAZ.gov
(480) 644-2815
(480) 644-2655
AND
SHI INTERNATIONAL CORP., ("Contractor'')
Mailing Address 290 Davidson Ave
Remit Address
Attention
E-Mail
Phone
Fax
Website
Somerset, NJ 08873
PO Box 952121
Dallas, TX 75395-2121
Meghan Flisakowski, Public Program Manager
Meghan . Flisakowski@shi .com
512-517-4088
732-852-8599
www.publicsector.shidirect .com/
Page 1of33
(
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this 27th day of February, 2018 , by
and between the City of Mesa, Arizona, an Arizona municipal corporation {"Qty"), and SHI
INTERNATIONAL CORP , a New Jersey corporation ("Contractor"). The City and Contractor are each a
''.Efiltl to the Agreement or together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2018011 ("Solicitation") for INFORMATION TECHNOLOGY
SOLUTIONS & SERVICES, to which Contractor provided a response ("Response"); and
B . The City Selected Contractor's Response as being in the best interest of the City and wishes to
engage Contractor in providing the Services/Products described in the Solicitation and Response.
C . "Services" means the resale services provided by Contractor under this Agreement; i.e. sourcing
and fulfilling the Product and/or providing deliverables identified in an Order.
D . "Products" means collectively third-party software , computer peripherals, computer hardware , and
associated IT services provided by third parties or Contractor, as the case may be .
E. "Order" means the form of purchase order or other document used for the purpose of ordering
Product and/or deliverables pursuant to this Agreement. Order shall also include a phone order or
on-line order placed by the City employee to Contractor utilizing the City's corporate procurement
card or the City's written or electronic form of purchase requisition.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions .
TERMS & CONDITIONS
1. Term. Th is Agreement is for a term beginning on March 1, 2018 and ending on February 28 , 2023.
The use of the word "Term" in the Agreement includes the aforementioned period as well as any
applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up
to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then -
current term .
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals perm itted herein, at the City's sole discretion th is
Agreement may be extended on a month-to-month basis for a maximum of six (6) months
to allow for the City's procurement processes in the selection of a Contractor to provide the
Services/Products provided under this Agreement. The City will notify the Contractor in
writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the
expiration of the Term . Any extension under this Subsection 1.2 will be a continuat ion of
the same terms and conditions as in effect immediately prior to the expiration of the then -
cu rrent term .
1.3 Deliverv. Delivery shall be made to the location(s) contained in the Scope of Work within
thirty (30) days after receipt of an Order. Contractor agrees to deliver all Products to the
desktop of the ordering customer be del ivered F.O .B. destination , freight pre-paid and
allowed to various locations throughout th e City. The City of Mesa shall be respon si bl e
for extra incurred fees for expedited sh ipping or other special delivery requirements . In
Page 2 of 33