STATEWIDE CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED HARDWARE AND SERVICES (ONLINE PURCHASES ONLY

BLANKET PURCHASE ORDER STATE OF MARYLAND BPO NO: PRINT DATE: PAGE: FMIS-5 (4/96) SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS VENDOR ID: REFER QUESTIONS TO: ITB: EXPR DATE: POST DATE: DISCOUNT TERMS: CONTRACT AMOUNT: TERMS: ARTICLES HEREIN ARE EXEMPT FROM MARYLAND SALES AND USE TAXES BY EXEMPTION CERTIFICATE NUMBER 3000256-3 AND FROM FEDERAL EXCISE TAXES BY EXEMPTION NUMBER 52-73-0358K. IT IS THE VENDOR'S RESPONSIBILITY TO ADVISE COMMON CARRIERS THAT AGENCIES OF THE STATE OF MARYLAND ARE EXEMPT FROM TRANSPORTATION TAX. ************* STATE OF MARYLAND ****************** 001B1600135 09/04/20 01 HOME DEPOT USA INC 2455 PACES FERRY RD CALVIN GLADDEN (410 )767-4281 ATLANTA, GA 30339 CALVIN.GLADDEN@MARYLAND.GOV (866 )589-0690 12/31/26 . NET 30 DAY 09/04/20 .00 ********************************************************************** STATEWIDE CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED HARDWARE AND SERVICES (ONLINE PURCHASES ONLY) ********************************************************************** ***INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT (ICPA)*** OMNIA ICPA CONTRACT # 16154. CONTRACT TERM: DAY OF AWARD UNTIL 12/31/2026 (NO RENEWAL OPTIONS) THIS OMNIA ICPA CONTRACT IS FOR HOME DEPOT ONLINE PURCHASES ONLY (NOT HOME DEPOT IN-PERSON RETAIL STORE PURCHASES), AND EXCLUDES PAINT, PAINT PRODUCTS OR SUNDRY ITEMS. ALSO REVIEW COMAR 21.11.05A FOR PREFERRED PROVIDER MANDATES. HOME DEPOT OFFERS A ROBUST SELECTION OF PRODUCTS IN ALL MRO, HARDWARE, AND BUILDING PRODUCTS CATEGORIES AND ASSOCIATED SERVICES. BENEFITS INCLUDE: 1. IMMEDIATE SAME-DAY ACCESS TO OVER 30,000 PRODUCTS, ONLINE ONLY. ** EXCLUDES PAINT, PAINT PRODUCTS OR SUNDRY ITEMS ** 2. A MARKET BASKET WITH FIXED PRICING, UDATED QUARTERLY, AND TAILORED TO EACH PARTICIPATING AGENCY. 3. INTEGRATION WITH MOST COMMONLY USED EPROCUREMENT PLATFORMS. *** CONTINUED, NEXT PAGE *** BLANKET PURCHASE ORDER STATE OF MARYLAND BPO NO: PRINT DATE: PAGE: FMIS-5 (4/96) TERMS (cont'd): ************* STATE OF MARYLAND ****************** 001B1600135 09/04/20 02 THIS ICPA CONTRACT IS LEAD BY THE MARICOPA COUNTY, ARIZONA, OFFICE OF PROCUREMENT SERVICES, POC: STEVE DAHLE, (602)506-3450, SDAHLE@MAIL.MARICOPA.GOV . VENDOR NAME: HOME DEPOT U.S.A., INC. VENDOR CONTACT ADDR: 804 EAST GATE DRIVE,STE 100, MT LAUREL, NJ 08054 VENDOR CONTACT NUMBER: 856.425.5286 VENDOR CONTACT EMAIL: REBECCA_L_NEWELL@HOMEDEPOT.COM VENDOR CONTACT NAME: BECKY NEWELL CONTACT THE HOME DEPOT REPRESENTATIVE TO CREATE USER/AGENCY ACCOUNT, AND AN AGENCY TAILORED MARKET BASKET WITH FIXED PRICING. ********************************************************************** SCOPE OF CONTRACT: IDIQ REQUIREMENTS CONTRACT FOR SUPPLYING THE STATE OF MARYLAND AND USING AUTHORITIES WITH THEIR NEEDS FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED HARDWARE & SERVICES: ************** CONTRACT TERMS AND CONDITIONS:******************* DELIVERY AND ACCEPTANCE: DELIVERY SHALL BE MADE IN ACCORDANCE WITH THE SOLICITATION SPECIFICATIONS. THE STATE, IN ITS SOLE DISCRETION, MAY EXTEND THE TIME OF PERFORMANCE FOR EXCUSABLE DELAYS DUE TO UNFORESEEABLE CAUSES BEYOND THE CONTRACTOR'S CONTROL. THE STATE UNILATERALLY MAY ORDER IN WRITING THE SUSPENSION, DELAY OR INTERRUPTION OF PERFORMANCE HEREUNDER. THE STATE RESERVES THE RIGHT TO TEST ANY MATERIALS, EQUIPMENT, SUPPLIES, OR SERVICES DELIVERED TO DETERMINE IF THE SPECIFICATIONS HAVE BEEN MET. THE MATERIALS LISTED IN THE BID OR PROPOSAL SHALL BE DELIVERED FOB THE POINT OR POINTS SPECIFIED PRIOR TO OR ON THE DATE SPECIFIED IN THE BID OR PROPOSAL. ANY MATERIAL THAT IS DEFECTIVE OR FAILS TO MEET THE TERMS OF THE SOLICITATION SPECIFICATIONS SHALL BE REJECTED. REJECTED MATERIALS SHALL BE PROMPTLY REPLACED. IF THE VENDOR REFUSES TO REPLACE REJECTED MATERIALS, THE STATE RESERVES THE RIGHT TO PURCHASE REPLACEMENT MATERIALS IN THE OPEN MARKET AND THE VENDOR SHALL BE LIABLE FOR ANY EXCESS PRICE PAID FOR THE REPLACEMENT, PLUS APPLICABLE EXPENSES, IF ANY. EMMA CATALOG (WHEN THIS FEATURE IS AVAILABLE IN EMMA): *** CONTINUED, NEXT PAGE *** BLANKET PURCHASE ORDER STATE OF MARYLAND BPO NO: PRINT DATE: PAGE: FMIS-5 (4/96) TERMS (cont'd): ************* STATE OF MARYLAND ****************** 001B1600135 09/04/20 03 HOME DEPOT IS REQUIRED TO REGISTER AS A VENDOR IN THE EMARYLAND MARKETPLACE ADVANTAGE ECATALOG DIRECTORY (ONLINE SHOPPING ENVIRONMENT). IT OFFERS A VIRTUAL SHOP FRONT FOR YOUR GOODS AND SERVICES TO BE PURCHASED WITH EASE ACROSS THE STATE THROUGH THE SYSTEM. YOU MUST COORDINATE THE UPLOAD OF YOUR PRODUCT CATALOG TO ENSURE MAXIMUM USE OF YOUR PRODUCTS AND SERVICES PER CONTRACT TERMS. *** PAYMENT VIA AGENCY CREDIT CARD WILL BE USED BY THE ENROLLED STATE AND USING AGENCIES TO PAY FOR HOME DEPOT ONLINE PURCHASES. *** MANDATORY USAGE REPORT: THE STATE OF MARYLAND DEPARTMENT OF GENERAL SERVICES OFFICE OF STATE PROCUREMENT HAS IMPLEMENTED A PROGRAM TO REVIEW ALL STATEWIDE CONTRACT REQUIREMENTS AND ASSESS CONTRACT USAGE OF STATE AGENCIES. UNDER THE TERMS OF THIS CONTRACT, BEGINNING WITH THE START DATE, A QUARTERLY USAGE REPORT SHOULD BE SUBMITTED TO THE DEPARTMENT OF GENERAL SERVICES. THIS REPORT SHOULD CONTAIN A SUMMARY OF PROCUREMENT ACTIVITY AND SHOULD INCLUDE THE CONTRACT NUMBER, ITEM(S) DESCRIPTION, QUANTITY PURCHASED, TOTAL DOLLARS SPENT, NUMBER OF ORDERS PLACED BY STATE AGENCY, NUMBER OF ORDERS PLACED PER CONTRACT, AND END WITH A GRAND TOTAL DUE FOR ALL DOLLARS SPENT. PLEASE SEND ELECTRONIC TRANSACTION FEE CHECK TO: DEPARTMENT OF GENERAL SERVICES, OFFICE OF STATE PROCUREMENT, 301 W. PRESTON STREET, ROOM 1309, BALTIMORE, MD 21201, ATTN: FISCAL DEPARTMENT. REPORTS SHOULD BE EMAILED TO: DGS.STATEWIDECONTRACTSUSAGEREPORT@MARYLAND.GOV . THE REPORT IS DUE WITHIN TEN (10) DAYS AFTER EVERY REPORT PERIOD. FAILURE TO PROVIDE THIS REPORT MAY RESULT IN DEFAULT OF THIS CONTRACT AND THE CONTRACT MAY BE TERMINATED IMMEDIATELY. TAXES & PAYMENT TERMS: ARTICLES HEREIN ARE EXEMPT FROM MARYLAND SALES AND USE TAXES BY EXEMPTION CERTIFICATE #3000256-3 AND FROM FEDERAL EXCISE TAXES BY EXEMPTION #52-73-0358K. IT IS THE VENDOR'S RESPONSIBILITY TO ADVISE COMMON CARRIERS THAT AGENCIES OF THE STATE OF MARYLAND ARE EXEMPT FROM TRANSPORTATION TAX. ELECTRONIC TRANSACTION FEE: A. CONTRACTOR SHALL PAY AN ELECTRONIC TRANSACTION FEE TO THE STATE IN THE AMOUNT OF ONE PERCENT (1%) OF THE TOTAL CONTRACT SALES WHICH WILL BE EXTRACTED FROM THE ANNUAL REBATE DUE TO THE STATE AT THE CONCLUSION OF EACH CALENDAR YEAR. THE ELECTRONIC TRANSACTION FEE IS CALCULATED BASED ON ALL SALES TRANSACTED UNDER THE CONTRACT, MINUS ANY RETURNS OR CREDITS. THE ELECTRONIC TRANSACTION FEE SHALL NOT BE CHARGED DIRECTLY TO THE *** CONTINUED, NEXT PAGE *** BLANKET PURCHASE ORDER STATE OF MARYLAND BPO NO: PRINT DATE: PAGE: FMIS-5 (4/96) TERMS (cont'd): ************* STATE OF MARYLAND ****************** 001B1600135 09/04/20 04 CUSTOMER, E.G., AS A SEPARATE LINE ITEM, FEE OR SURCHARGE, BUT SHALL BE INCLUDED IN THE CONTRACT'S UNIT PRICES. B. THE ELECTRONIC TRANSACTION FEE SHALL BE SUBMITTED TO THE DEPARTMENT OF GENERAL SERVICES, FISCAL SERVICES DIVISION, 301 W. PRESTON STREET, RO OM 1309, BALTIMORE, MD, 21201, THIRTY (30) DAYS AFTER THE END OF EACH REPORTING PERIOD ALONG WITH A MONTHLY USAGE REPORT DOCUMENTING ALL CON TRACT SALES. AN EXCEL VERSION OF THE MONTHLY USAGE REPORT SHALL BE EMAILED TO DGS.STATEWIDECONTRACTSUSAGEREPORT@MARYLAND.GOV . C. FAILURE TO REMIT TRANSACTION FEES IN A TIMELY MANNER OR REMITTANCE OF FEES INCONSISTENT WITH THE CONTRACT'S REQUIREMENTS MAY RESULT IN THE STATE EXERCISING ALL RECOURSE AVAILABLE UNDER THE CONTRACT INCLUDING, BUT NOT LIMITED TO, A THIRD PARTY AUDIT OF ALL CONTRACT ACTIVITY. SHOULD AN AUDIT BE REQUIRED BY THE STATE, THE CONTRACTOR SHALL REIMBURSE THE STATE FOR ALL COSTS ASSOCIATED WITH THE AUDIT UP TO $10,000.00 OR ONE (1%) PERCENT OF THE CONTRACT'S ESTIMATED ANNUAL VALUE, WHICHEVER IS HIGHER. D. PRIOR TO AWARD, CONTRACTORS WILL BE ASKED TO CONFIRM IN WRITING THAT T HEIR UNIT PRICES INCLUDE THE ONE PERCENT (1%) ELECTRONIC TRANSACTION FEE. NOTE: * REFER TO THE PRICE LIST AT THE DGS WEBSITE (WWW.DGS.MARYLAND.GOV) FOR WHOLESALE DISCOUNT BY CATEGORIES, WHICH INCLUDES: APPLIANCES, BUILDING MATERIALS, HARDWARE, HVAC, KITCHEN AND BATH CABINETS, JANITORIAL(***), LANDSCAPING EQUIPMENT AND SUPPLIES, MOTORS/PUMPS, PLUMBING, POOL SUPPLIES, TOOLS (HAND-HELD GENERAL PURPOSE), TOOLS (POWER TYPE), FLOORING AND WALL COVERING, HOSPITALITY, WATER/WASTETREATMENT, AND MISCELLANEOUS ITEMS. (***)JANITORIAL SUPPLIES ARE SUBJECT TO PREFERRED PROVIDER STATUTE*** . THE PREFERRED PROVIDER PROGRAM CONSISTS OF THREE (3) SELLING ENTITIES. PURSUANT TO CODE OF MARYLAND REGULATIONS (COMAR) 21.11.05 A SELLING ENTITY MEANS MARYLAND CORRECTIONALENTERPRISES, BLIND INDUSTRIES AND SERVICES OF MARYLAND OR CERTIFIED SHELTERED WORKSHOPS. STATE FINANCE AND PROCUREMENT ARTICLE §14-103 OF THE ANNOTATED CODE OF MARYLAND PROVIDES A STATE OR STATE AIDED OR CONTROLLED ENTITY SHALL BUY SUPPLIES AND SERVICES FROM A SELLING ENTITY IN THE FOLLOWING ORDER OF PRIORITY: 1) MARYLAND CORRECTIONAL ENTERPRISES; 2) BLIND INDUSTRIES ANDSERVICES OF MARYLAND; 3) A CERTIFIED SHELTERED WORKSHOP. TERMINATION FOR CONVENIENCE: UPON WRITTEN NOTICE TO THE CONTRACTOR, THE STATE MAY TERMINATE THIS CONTRACT, IN WHOLE OR IN PART WHENEVER THE STATE SHALL DETERMINE THAT SUCH TERMINATION IS IN THE BEST INTEREST OF THE STATE. THE STATE SHALL *** CONTINUED, NEXT PAGE *** BLANKET PURCHASE ORDER STATE OF MARYLAND BPO NO: PRINT DATE: PAGE: FMIS-5 (4/96) TERMS (cont'd): ************* STATE OF MARYLAND ****************** 001B1600135 09/04/20 05 PAY ALL REASONABLE COSTS INCURRED UP TO THE DATE OF TERMINATION AND ALL REASONABLE COSTS ASSOCIATED WITH TERMINATION OF THE CONTRACT. WITH TERMINATION OF THE CONTRACT. . TERMINATION HEREUNDER, INCLUDING THE THE DETERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES, SHALL BE GOVERNED BY THE PROVISIONS OF COMAR 21.07.01.12A(2). TERMINATION FOR DEFAULT: WHEN THE CONTRACTOR HAS NOT PERFORMED OR HAS UNSATISFACTORILY PERFORMED THE CONTRACT, PAYMENT SHALL BE WITHHELD AT THE DISCRETION OF THE STATE. FAILURE ON THE PART OF A CONTRACTOR TO FULFILL CONTRACTUAL OBLIGATIONS SHALL BE CONSIDERED JUST CAUSE FOR TERMINATION OF THE CONTRACT AND THE CONTRACTOR IS NOT ENTITLED TO RECOVER ANY COSTS INCURRED BY THE CONTRACTOR UP TO THE DATE OF TERMINATION. TERMINATION HEREUNDER, INCLUDING THE DETERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES, SHALL BE GOVERNED BY THE PROVISIONS OF COMAR 21.07.01.11B. STATE EMERGENCY: ALL WORK MUST BE PERFORMED AND/OR THE CONTRACTOR IS REQUIRED TO HAVE SUPPLIED THE PRODUCTS/GOODS IN COMPLIANCE WITH FEMA GUIDANCE & POLICIES FOUND IN PUBLIC ASSISTANCE MANAGEMENT GUIDE, FEMA- 325, JULY 2007 AND THE 9500 SERIES AND ASSOCIATED AMENDMENTS. (2 C.F.R §200.326 AND 2 C.F.R PAT 200 APPENDIX II. 2017 PA PROGRAM AND POLICY GUIDE (PAPPG) [V2.0]. THE 2017 PAPPG (V2.0) IS APPLICABLE TO ALL EMERGENCIES AND MAJOR DISASTERS DECLARED ON OR AFTER APRIL 1, 2017. PURCHASES BY OTHER ENTITIES - INDEFINITE QUANTITY CONTRACTS: THIS PROVISION APPLIES TO INDEFINITE QUANTITY CONTRACTS. (A) PURSUANT TO ARTICLE 41, SECTION 18-201 OF THE ANNOTATED CODE OF MARYLAND, EXCEPT AS PROVIDED IN (B) THE FOLLOWING ENTITIES MAY PURCHASE MATERIALS, SUPPLIES, AND EQUIPMENT UNDER THIS CONTRACT: (1) A COUNTY OR BALTIMORE CITY; (2) A MUNICIPAL CORPORATION; (3) A GOVERNMENTAL AGENCY IN THE STATE; (4) A PUBLIC OR QUASI-PUBLIC AGENCY THAT: (I) RECEIVES STATE MONEY; AND (II) IS EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE; (5) A PRIVATE ELEMENTARY OR SECONDARY SCHOOL THAT: (I) EITHER HAS BEEN ISSUED A CERTIFICATE OF APPROVAL FROM THE STATE BOARD OF EDUCATION OR IS ACCREDITED BY THE ASSOCIATION OF OF INDEPENDENT SCHOOLS; AND (II) IS EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE; OR (6) A NON-PUBLIC INSTITUTION OF HIGHER EDUCATION UNDER SECTION 17-106 OF THE EDUCATION ARTICLE. *** CONTINUED, NEXT PAGE *** BLANKET PURCHASE ORDER STATE OF MARYL