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SERIAL 190256-C TIRES ON AND OFF-ROAD FLEET AND ROADSIDE SERVICE DATE OF LAST REVISION: June 26, 2019 CONTRACT END DATE: June 30, 2020 CONTRACT PERIOD THROUGH JUNE 30, 2020 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for TIRES ON AND OFF-ROAD FLEET AND ROADSIDE SERVICE Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on June 26, 2019 (Eff. 07/01/19). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. SA/mm Attach Copy to: Office of Procurement Services Erick Van Hofwegen, Equipment Services Department (Please remove Serial 12089-C from your contract notebooks) SERIAL 190256-C REDBURN TIRE COMPANY, PO BOX 14828, PHOENIX, AZ 85063 COMPANY NAME: REDBURN TIRE COMPANY DOING BUSINESS AS (dba): MAILING ADDRESS: 3801 W CLARENDON, PHOENIX, AZ 85019 REMIT TO ADDRESS: P.O. BOX 14828, PHOENIX, AZ 85063 TELPHONE NUMBER: 602-272-7601 FAX NUMBER: 602-233-2518 WWW ADDRESS: WWW.REDBURNTIRECO.COM REPRESENTATIVE NAME: DAVID GUTIERREZ REPRESENTATIVE TELEPHONE NUMBER: 602-768-2582 REPRESENTATIVE EMAIL ADDRESS DAVIDG@RTCO.NET YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS 1ST CALL Unit Title Price UofM Bidder Notes Manufacture: GENERAL P265/60R17 Firestone Alt $109.50 each Product Code: 1555396 Firehawk Pursuit - Tire Price Manufacture: FIRESTONE $118.00 each Product Code: 023189 Manufacture: GENERAL LT265/70R17 Firestone Trans Alt $121.07 each Product Code: 0450722 AT 2 - Tire Price Manufacture: FIRESTONE $128.00 each Product Code: 000187 Manufacture: GENERAL LT265/70R17 BFG AT K02 - Alt $136.51 each Product Code: 0450837 Tire Price Manufacture: BF GOODRICH $156.50 each Product Code: 29668 P265/60R17 Goodyear Eagle Manufacture: GENERAL RSA Pursuit - Tire Price Product Code: 1555396 $109.50 each SUBSTITUTE FOR GOODYEAR EAGLE RSA PURSUIT P225/60R16 BFG ADV T/A Manufacture: BF GOODRICH Pursuit - Tire Price $88.50 each Product Code: 58028 Alt $121.07 each Manufacture: GENERALProduct Code: 0450720 LT245/75R17 F/S Trans AT2 - Tire Price Manufacture: BRIDGESTONE $126.27 each Product Code: 000184 SERIAL 190256-C REDBURN TIRE COMPANY Manufacture: GENERAL LT285/70R17 BFG AT K02 - Alt $170.03 each Product Code: 0450835 Tire Price Manufacture: BF GOODRICH $194.00 each Product Code: 99728 Manufacture: GENERAL P225/60R16 B/S Eeopia EP422 Alt $77.46 each Product Code: 1549465 - Tire Price Manufacture: BRIDGESTONE $86.00 each Product Code: 005968 LT245/75R16 F/S Trans HT - Manufacture: FIRESTONE Tire Price $102.00 each Product Code: 189769 Manufacture: GENERAL LT225/75R16 F/S Trans HT - Alt $98.75 each Product Code: 0450716 Tire Price Manufacture: FIRESTONE $101.00 each Product Code: 189752 LT285/70R17 BFG AT K02 - Alt $170.03 each Manufacture: GENERALProduct Code: 0450835 Tire Price Manufacture: BF GOODRICH $193.75 each Product Code: 89442 Manufacture: GENERAL P225/70R15 F/S Dest LE2 - Alt $72.51 each Product Code: 1550267 Tire Price Manufacture: FIRESTONE $92.75 each Product Code: 140344 Manufacture: GENERAL LT245/70R17 F/S Trans AT2 - Alt $114.60 each Product Code: 0450721 Tire Price Manufacture: FIRESTONE $118.00 each Product Code: 000186 Manufacture: GENERAL P235/55R17 F/S Firehawk GT Alt $99.50 each Product Code: 1555394 Pursuit - Tire Price Manufacture: FIRESTONE $122.00 each Product Code: 003874 P245/65R17 F/S Dest LE2 - Manufacture: FIRESTONE Tire Price $101.00 each Product Code: 097997 P265/70R16 F/S Dest AT - Tire Alt $110.63 each Manufacture: GENERALProduct Code: 0450793 Price Manufacture: FIRESTONE $126.00 each Product Code: 017902 Manufacture: GENERAL P235/75R17 F/S Dest AT - Tire Alt $115.83 each Product Code: 0450794 Price Manufacture: FIRESTONE $124.42 each Product Code: 054239 P225/65R17 B/S Eeopia EP422 Manufacture: BRIDGESTONE - Tire Price $90.00 each Product Code: 006240 LT255/70R17 BFG AT KO - Manufacture: BF GOODRICH Tire Price $121.00 each Product Code: 37495 SERIAL 190256-C REDBURN TIRE COMPANY Manufacture: CONTINENTAL 425/65R22.5 LM864 Alt $595.00 each Product Code: 0535010 (BRIDGESTONE) - Tire Price Manufacture: BRIDGESTONE $728.00 each Product Code: 001071 Manufacture: CONTINENTAL 215/75R17.5 HR238 Alt $234.92 each Product Code: 0492014 (BRIDGESTONE) - Tire Price $257.00 each Manufacture: BRIDGESTONEProduct Code: 003887 Manufacture: GENERAL 425/65R22.5 M864 Alt $538.00 each Product Code: 0535012 (BRIDGESTONE) - Tire Price Manufacture: BRIDGESTONE $728.00 each Product Code: 001071 Manufacture: CONTINENTAL 315/80R22.5 M860A Alt $472.00 each Product Code: 0515299 (BRIDGESTONE) - Tire Price Manufacture: BRIDGESTONE $600.00 each Product Code: 244329 17.5R25 VUT DG2 1*GG Manufacture: BRIDGESTONE (BRIDGESTONE) - Tire Price $1,266.00 each Product Code: 422827 215/75R17.5 H HTR2 Manufacture: CONTINENTAL (CONTINENTAL) - Tire Price $234.92 each Product Code: 0492014 225/70R19.5 G HDR Manufacture: CONTINENTAL (CONTINENTAL) - Tire Price $254.00 each Product Code: 0522146 11R22.5 H FS820 Manufacture: FIRESTONE (FIRESTONE) - Tire Price $303.00 each Product Code: 241252 11R22.5 G FS561 (FIRESTONE) - Tire Price $295.00 each Manufacture: FIRESTONEProduct Code: 248307 11R22.5 H FS561 Manufacture: FIRESTONE (FIRESTONE) - Tire Price $303.00 each Product Code: 248324 225/70R19.5 G HSR Manufacture: GENERAL (GENERAL) - Tire Price $247.00 each Product Code: 0512218 225/60R16 FRS PV41 97V - Manufacture: FIRESTONE Tire Price $64.50 each Product Code: 067911 P195/60R15 - Tire Price Manufacture: FIRESTONE $41.00 each Product Code: 015114 Manufacture: CONTINENTAL 225/70R19.5/14 XZE - Tire Alt $247.00 each Product Code: 0512218 Price Manufacture: MICHELIN $287.00 each Product Code: 91043 Manufacture: CONTINENTAL 11R22.5 - Tire Price Alt $319.00 each Product Code: 0568630 Manufacture: BRIDGESTONE $431.00 each Product Code: 206973 SERIAL 190256-C REDBURN TIRE COMPANY 425/65R22.5 - Tire Price $485.00 each Manufacture: FIRESTONEProduct Code: 241235 Manufacture: CONTINENTAL 225/70R19.5 - Tire Price Alt $247.00 each Product Code: 0512218 Manufacture: MICHELIN $287.00 each Product Code: 91043 1400R24 VKT - Tire Price Manufacture: MICHELIN $961.00 each Product Code: 15924 17.5R25 - Tire Price Manufacture: MICHELIN $1,261.00 each Product Code: 35052 26.5R25 - Tire Price Manufacture: MICHELIN $3,535.40 each Product Code: 65348 23.5R25 - Tire Price Manufacture: MICHELIN $2,360.80 each Product Code: 65791 16.9-24 - Tire Price Manufacture: FIRESTONE $460.00 each Product Code: 363990 11R22.5 - Foam Filled per lb price $1.38 pound 425/65R22.5 - Foam Filled per lb price $1.38 pound 225/70R19.5 - Foam Filled per lb price $1.38 pound 1400R24 VKT - Foam Filled per lb price $1.38 pound 17.5R25 - Foam Filled per lb price $1.38 pound 26.5R25 - Foam Filled per lb price $1.38 pound 23.5R25 - Foam Filled per lb price $1.38 pound 11L-16 - Foam Filled per lb price $1.38 pound 16.9-24 - Foam Filled per lb price $1.38 pound 11R22.5 - Casing Credit $65.00 each 425/65R22.5 - Casing Credit $25.00 each 225/70R19.5 - Casing Credit $0.00 each 1400R24 VKT - Casing Credit $0.00 each 17.5R25 - Casing Credit $0.00 each 26.5R25 - Casing Credit $0.00 each 23.5R25 - Casing Credit $0.00 each 11L-16 - Casing Credit $0.00 each SERIAL 190256-C REDBURN TIRE COMPANY Redburn Tire Company Service Advantages * Two fully staffed valley locations Field Service Rate with * 24 hour live dispatch Standard Field Truck $68.00 hour * 28 fully equipped service trucks * 5 fully equipped boom trucks * GPS tracking on all vehicles ensuring quick response time * Locally owned Redburn Tire Company Service Advantages * Two fully staffed valley locations Field Service Rate with * 24 hour live dispatch O.T.R./Boom Truck $88.00 hour * 28 fully equipped service trucks * 5 fully equipped boom trucks * GPS tracking on all vehicles ensuring quick response time * Locally owned Redburn Tire Company Service Advantages * Two fully staffed valley locations Field Service Rate Afterhours * 24 hour live dispatch for Standard Truck $102.00 hour * 28 fully equipped service trucks * 5 fully equipped boom trucks * GPS tracking on all vehicles ensuring quick response time * Locally owned Redburn Tire Company Service Advantages* Two Field Service Rate Afterhours fully staffed valley locations* 24 hour live dispatch* for O.T.R./Boom Truck $132.00 hour 28 fully equipped service trucks* 5 fully equipped boom trucks* GPS tracking on all vehicles ensuring quick response time* Locally owned Redburn Tire Company Service Advantages * Two fully staffed valley locations Mileage Rate $0.50 mile * 24 hour live dispatch * 28 fully equipped service trucks * 5 fully equipped boom trucks * GPS tracking on all vehicles ensuring quick response time * Locally owned SERIAL 190256-C REDBURN TIRE COMPANY Redburn Tire Company Service Advantages * Two fully staffed valley locations Fuel Surcharge (Flat Fee) $25.00 each * 24 hour live dispatch * 28 fully equipped service trucks * 5 fully equipped boom trucks * GPS tracking on all vehicles ensuring quick response time * Locally owned SERIAL 190256-C REDBURN TIRE COMPANY SERIAL 190256-C REDBURN TIRE COMPANY PRICING SHEET: NIGP CODES: 06087, 86305, 86307, 86310, 86315, 86330, 92867, 92882 Terms: NET 30 Vendor Number: VC0000007266 Certificates of Insurance Required Contract Period: To cover the period ending June 30, 2020. SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR, 123 E DURANGO ST, PHOENIX, AZ 85004 COMPANY NAME: Charlie Case Tire, LLC DOING BUSINESS AS (dba): Community Tire Pros and Auto Repair MAILING ADDRESS: 123 East Durango Street, Phoenix, AZ 85004 REMIT TO ADDRESS: 123 East Durango Street, Phoenix, AZ 85004 TELPHONE NUMBER: 602-250-8650 FAX NUMBER: 602-569-9627 WWW ADDRESS: www.communitytirepros.com REPRESENTATIVE NAME: Randy Beck REPRESENTATIVE TELEPHONE NUMBER: 602-250-8650 REPRESENTATIVE EMAIL ADDRESS randy@communitytirepros.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS 2ND CALL Title Unit Price UofM Bidder Notes P265/60R17 Firestone Firehawk $121.46 each Manufacture: FIRESTONE Pursuit - Tire Price Product Code: 023189 P265/60R17 FIRESTONE FIREHAWK PURSUIT - PART #23189 LT265/70R17 Firestone Trans $130.61 each Manufacture: FIRESTONE AT 2 - Tire Price Product Code: 000187 LT265/70R17 FIRESTONE TRANS AT-2 - PART # 187 LT265/70R17 BFG AT K02 - $168.00 each Manufacture: BFG Tire Price Product Code: 29668 LT265/70R17 BFG AT KO2 - PART # 29668 P265/60R17 Goodyear Eagle $129.00 each Manufacture: GOODYEAR RSA Pursuit - Tire Price Product Code: 732523500 P265/60R17 GOODYEAR EAGLE RSA PURSUIT - PART # 732523500 P225/60R16 BFG ADV T/A $92.00 each Manufacture: BFG Pursuit - Tire Price Product Code: 58028 P225/60R16 BFG ADV T/A PURSUIT - PART # 58028 LT245/75R17 F/S Trans AT2 - $128.77 each Manufacture: FIRESTONE Tire Price Product Code: 000184 LT245/75R17 F/S TRANS AT2 - PART# 000184 SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR LT285/70R17 BFG AT K02 - $207.20 each Manufacture: BFG Tire Price Product Code: 89442 LT285/70R17 BFG AT KO2 - PART# 89442 P225/60R16 B/S Eeopia EP422 - $87.78 each Manufacture: BRIDGESTONE Tire Price Product Code: 005968 P225/60R16 B/S EOPIA EP422 - PART# 05968 LT245/75R16 F/S Trans HT - $104.52 each Manufacture: FIRESTONE Tire Price Product Code: 189769 LT245/75R16 F/S TRANS HT - PART# 189769 LT225/75R16 F/S Trans HT - $103.01 each Manufacture: FIRESTONE Tire Price Product Code: 002760 LT225/75R116 F/S HT - PART# 189759 LT285/70R17 BFG AT K02 - $207.20 each Manufacture: BFG Tire Price Product Code: 89442 P285/70R17 BFG AT KO2 - PART# 89442 P225/70R15 F/S Dest LE2 - Tire $95.13 each Manufacture: FIRSTONE Price Product Code: 140344 P225/70R15 F/S DEST E2 - PART# 140344 LT245/70R17 F/S Trans AT2 - $121.16 each Manufacture: FIRESTONE Tire Price Product Code: 000186 LT245/70R17 FS TRANS AT2 - PART# 00186 P235/55R17 F/S Firehawk GT $103.70 each Manufacture: FIRESTONE Pursuit - Tire Price Product Code: 003874 P235/55R17 F/S FIREHAWK GT PURSUIT - PART# 003874 P245/65R17 F/S Dest LE2 - Tire $124.85 each Manufacture: FIRESTONE Price Product Code: 097997 O245/65R17 F/S DEST LE2 - PART# 097997 P265/70R16 F/S Dest AT - Tire $129.52 each Manufacture: FIRESTONE Price Product Code: 017902 P265/70R16 F/S DEST AT - PART# 017902 P235/75R17 F/S Dest AT - Tire $126.92 each Manufacture: FIRESTONE Price Product Code: 054239 P235/75R17 F/S DEST AT - PART# 054239 P225/65R17 B/S Eeopia EP422 - $92.31 each Manufacture: BRIDGESTONE Tire Price Product Code: 006240 P225/65R17 B/S EEOPIA EP422 - PART# 006240 LT255/70R17 BFG AT KO - $130.40 each Manufacture: BFG Tire Price Product Code: 37495 LT255/70R17 BFG AT KO - PART# 37495 425/65R22.5 LM864 $728.78 each Manufacture: BRIDGESTONE (BRIDGESTONE) - Tire Price Product Code: 001071 425/65R22.5 LM864 BRIDGESTONE - PART# 001071 SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR 215/75R17.5 HR238 $263.27 each Manufacture: BRIDGESTONE (BRIDGESTONE) - Tire Price Product Code: 003887 215/75R17.5 R238 BRIDGESTONE - PART# 003887 425/65R22.5 M864 $728.78 each Manufacture: BRIDGESTONE (BRIDGESTONE) - Tire Price Product Code: 001071 425/65R22.5 M864 BRIDGESTONE - PART# 001071 315/80R22.5 M860A $635.00 each Manufacture: BRIDGESTONE (BRIDGESTONE) - Tire Price Product Code: 249038 315/80R22.5 M8701A BRIDGESTONE - PART# 249038 17.5R25 VUT DG2 1*GG $1,300.00 each Manufacture: BRIDGESTONE (BRIDGESTONE) - Tire Price Product Code: 422827 17.5R25 VUT DG2 1*GG BRIDGESTONE - PART# 422827 215/75R17.5 H HTR2 $265.00 each Manufacture: CONTINENTAL (CONTINENTAL) - Tire Price Product Code: 0492014 215/75R17.5 H HTR2 CONTINENTAL - PART# 492014 225/70R19.5 G HDR $259.00 each Manufacture: CONTINENTAL (CONTINENTAL) - Tire Price Product Code: 0522146 225/70R19.5 G HDR CONTINENTAL - PART# 522146 11R22.5 H FS820 $310.00 each Manufacture: FIRESTONE (FIRESTONE) - Tire Price Product Code: 214252 11R22.5 H FS820 FIRESTONE - PART# 241252 11R22.5 G FS561 $305.00 each Manufacture: FIRESTONE (FIRESTONE) - Tire Price Product Code: 248307 11R22.5 G FS561 FIRESTONE - PART# 24830 11R22.5 H FS561 $315.00 each Manufacture: FIRESTONE (FIRESTONE) - Tire Price Product Code: 248324 11R22.5 H FS561 FIRESTONE - PART# 248324 225/70R19.5 G HSR $252.00 each Manufacture: CONTINENTAL (GENERAL) - Tire Price Product Code: 0512218 225/70R19.5 G HSR GENERAL - PART# 0512218 225/60R16 FRS PV41 97V - $67.50 each Manufacture: FIRESTONE Tire Price Product Code: 067911 225/60R16 FRS PV41 97V - OEM FIREHAWK PRODUCT 067911 SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR P195/60R15 - Tire Price $43.14 each Manufacture: FIRESTONE Product Code: 015114 P195/60R15 OEM FIRESTONE PRODUCT CODE 140582(015114) 225/70R19.5/14 XZE - Tire $297.16 each Manufacture: MICHELIN Price Product Code: 91043 225/70R19.5/14 XZE - OEM MICHELIN PRODUCT CODE 91043 11R22.5 - Tire Price $445.00 each Manufacture: BRIDGESTONE Product Code: 206973 11R22.5 - OEM BRIDGESTONE/FIRESTONE PRODUCT CODE R250 425/65R22.5 - Tire Price $692.61 each Manufacture: GOODYEAR Product Code: 756160365 425/65R22.5 GOODYEAR - PRODUCT CODE 756160365 225/70R19.5 - Tire Price $297.16 each Manufacture: MICHELIN Product Code: 91043 225/70R19.5 - OEM MICHELIN PRODUCT CODE 91043 1400R24 VKT - Tire Price $1,125.00 each Manufacture: BRIDGESTONE Product Code: 263354 1400R24 VKT BRIDGESTONE PRODUCT CODE 263354 17.5R25 - Tire Price $0.00 each Manufacture: MICHELINE Product Code: 35052 NO BID ON THIS LINE ITEM 26.5R25 - Tire Price $0.00 each Manufacture: MICHELIN Product Code: 65348 NO BID ON THIS LINE ITEM 23.5R25 - Tire Price $0.00 each Manufacture: MICHELINE Product Code: 65791 NO BID ON THIS LINE ITEM 16.9-24 - Tire Price $0.00 each Manufacture: FIRESTONE Product Code: 104152251 16.9-24 FIRESTONE - NO BID ON THIS LINE ITEM 11R22.5 - Foam Filled per lb $1.20 pound 11R22.5 - FOAM FILLED PER LB PRICE - price NEW ONLY 425/65R22.5 - Foam Filled per $1.20 pound 425/65R22.5 - FOAM FILLED PER LB PRICE - lb price NEW ONLY 225/70R19.5 - Foam Filled per $1.20 pound 225/70R19.5 - FOAM FILLED PER LB PRICE - lb price NEW ONLY 1400R24 VKT - Foam Filled per $1.20 pound 1400R24 VKT FOAM FILLED PER LB PRICE - lb price NEW ONLY SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR 17.5R25 - Foam Filled per lb $1.20 pound 17.5R25 - FOAM FILLED PER LB PRICE - price NEW ONLY 26.5R25 - Foam Filled per lb $1.20 pound 26.5R25 - FOAM FILLED PER LB PRICE - price NEW ONLY 23.5R25 - Foam Filled per lb $1.20 pound 23.5R25 - FOAM FILLED PER LB PRICE - price NEW ONLY 11L-16 - Foam Filled per lb $1.20 pound 11L-16 - FOAM FILLED PER LB PRICE - NEW price ONLY 16.9-24 - Foam Filled per lb $1.20 pound 16.9-24 - FOAM FILLED PER LB PRICE - NEW price ONLY 11R22.5 - Casing Credit $50.00 each 11R22.5 - CASING CREDIT 425/65R22.5 - Casing Credit $0.00 each NO BID THIS LINE ITEM425/65R225 - CASING CREDIT 225/70R19.5 - Casing Credit $0.00 each 225/70R19.5 - CASING CREDIT 1400R24 VKT - Casing Credit $0.00 each 1400R24 VKT - CASING CREDIT 17.5R25 - Casing Credit $0.00 each 17.5R25 - CASING CREDIT 26.5R25 - Casing Credit $0.00 each 26.5R25 - CASING CREDIT 23.5R25 - Casing Credit $0.00 each 23.5R25 - CASING CREDIT 11L-16 - Casing Credit $0.00 each 11L-16 - CASING CREDIT Field Service Rate with Standard $50.00 hour FIELD SERVIC RATE WITH STANDARD Field Truck FIELD TRUCK Field Service Rate with $0.00 hour NO BID THIS LINE ITEM O.T.R./Boom Truck Field Service Rate Afterhours $65.00 hour FIELD SERVICE RATE AFTERHOURS FOR for Standard Truck STANDARD TRUCK Field Service Rate Afterhours $0.00 hour NO BID THIS LINE ITEM for O.T.R./Boom Truck Mileage Rate $0.00 mile MILEAGE RATE - NO CHARGE Fuel Surcharge (Flat Fee) $0.00 each SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR SERIAL 190256-C CHARLIE CASE TIRE, LLC DBA: COMMUNITY TIRE PROS AND AUTO REPAIR PRICING SHEET: NIGP CODES: 06087, 86305, 86307, 86310, 86315, 86330, 92867, 92882 Terms: NET 30 Vendor Number: VC0000008752 Certificates of Insurance Required Contract Period: To cover the period ending June 30, 2020. SERIAL 190256-C SOUTHERN TIRE MART, LLC, 800 HIGHWAY 98, COLUMBIA, MS 39429 COMPANY NAME: SOUTHERN TIRE MART, LLC DOING BUSINESS AS (dba): MAILING ADDRESS: 800 HIGHWAY 98, Columbia, MS 39429 REMIT TO ADDRESS: Dept. 143, PO BOX 1000, Memphis, TN 38148 TELPHONE NUMBER: 877-786-4681 FAX NUMBER: 601-651-0655 WWW ADDRESS: www.stmtires.com REPRESENTATIVE NAME: Richard Conwill REPRESENTATIVE TELEPHONE NUMBER: 877-786-4681 REPRESENTATIVE EMAIL ADDRESS richard.conwill@stmtires.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS 3RD CALL Title Unit Price UofM Bidder Notes P265/60R17 Firestone Firehawk Pursuit - Tire $121.00 each Manufacture: Firestone Price Product Code: 023189 LT265/70R17 Firestone Trans AT 2 - Tire Price $144.00 each Manufacture: Firestone Product Code: 000187 LT265/70R17 BFG AT K02 - Tire Price $157.00 each Manufacture: BFG Product Code: 29668 P265/60R17 Goodyear Eagle RSA Pursuit - Tire Manufacture: BFG Price $113.00 each Product Code: 88590 Advanta Sport P225/60R16 BFG ADV T/A Pursuit - Tire Price $89.00 each Manufacture: BFG Product Code: 58028 LT245/75R17 F/S Trans AT2 - Tire Price $131.00 each Manufacture: Firestone Product Code: 000184 LT285/70R17 BFG AT K02 - Tire Price $195.00 each Manufacture: BFG Product Code: 99728 P225/60R16 B/S Eeopia EP422 - Tire Price $87.00 each Manufacture: Bridgestone Product Code: 005968 SERIAL 190256-C SOUTHERN TIRE MART Manufacture: Firestone Product Code: 189769 LT245/75R16 F/S Trans HT - Tire Price $113.00 each #189769 Transforce HT. This price is also for the new Transforce HT2 #002761 Manufacture: Firestone Product Code: 189752 The article # you requested in the addendum (189769) is for a LT225/75R16 F/S Trans HT - Tire Price $115.00 each 245/75R16. We are bidding article #189752 which is for the tire size you have listed, LT225/75R16. #189752 Transforce HT. This price is also for the new Transforce HT2 #002761 LT285/70R17 BFG AT K02 - Tire Price $195.00 each Manufacture: BFG Product Code: 89442 P225/70R15 F/S Dest LE2 - Tire Price $93.00 each Manufacture: Firestone Product Code: 140344 LT245/70R17 F/S Trans AT2 - Tire Price $126.00 each Manufacture: Firestone Product Code: 000186 P235/55R17 F/S Firehawk GT Pursuit - Tire $108.00 each Manufacture: Firestone Price Product Code: 003874 P245/65R17 F/S Dest LE2 - Tire Price $121.00 each Manufacture: Firestone Product Code: 097997 P265/70R16 F/S Dest AT - Tire Price $132.00 each Manufacture: Firestone Product Code: 017902 P235/75R17 F/S Dest AT - Tire Price $124.00 each Manufacture: Firestone Product Code: 054239 P225/65R17 B/S Eeopia EP422 - Tire Price $89.00 each Manufacture: Bridgestone Product Code: 006240 LT255/70R17 BFG AT KO - Tire Price $121.00 each Manufacture: BFG Product Code: 37495 425/65R22.5 LM864 (BRIDGESTONE) - Tire $720.00 each Manufacture: Bridgestone Price Product Code: 001071 215/75R17.5 HR238 (BRIDGESTONE) - Tire $255.00 each Manufacture: Bridgestone Price Product Code: 003887 425/65R22.5 M864 (BRIDGESTONE) - Tire $720.00 each Manufacture: Bridgestone Price Product Code: 001071 Manufacture: Bridgestone 315/80R22.5 M860A (BRIDGESTONE) - Tire Product Code: 249038 Price $601.00 each Requested article #244329 is discontinued. The replacement is the Bridgestone M870 #249038 SERIAL 190256-C SOUTHERN TIRE MART 17.5R25 VUT DG2 1*GG (BRIDGESTONE) - $1,283.00 each Manufacture: Bridgestone Tire Price Product Code: 422827 215/75R17.5 H HTR2 (CONTINENTAL) - Tire $255.00 each Manufacture: Continental Price Product Code: 492014 225/70R19.5 G HDR (CONTINENTAL) - Tire $249.00 each Manufacture: Continental Price Product Code: 522146 11R22.5 H FS820 (FIRESTONE) - Tire Price $325.00 each Manufacture: Firestone Product Code: 241252 11R22.5 G FS561 (FIRESTONE) - Tire Price $317.00 each Manufacture: Firestone Product Code: 248307 11R22.5 H FS561 (FIRESTONE) - Tire Price $327.00 each Manufacture: Firestone Product Code: 248324 Manufacture: Continental 225/70R19.5 G HSR (GENERAL) - Tire Price $242.00 each Product Code: 0512218 The requested article # is for a Continental HSR #0512218 225/60R16 FRS PV41 97V - Tire Price $94.00 each Manufacture: Firestone Product Code: 067911 P195/60R15 - Tire Price $60.00 each Manufacture: Firestone Product Code: 015114 Manufacture: Firestone Product Code: 248409 225/70R19.5/14 XZE - Tire Price $262.00 each Bidding the Firestone FS561 instead of the Michelin XZE. The Firestone is an equivalent tire to the Michelin. 11R22.5 - Tire Price $440.00 each Manufacture: Bridgestone Product Code: 206973 Manufacture: Bridgestone Product Code: 001071 425/65R22.5 - Tire Price $720.00 each Bridgestone M844F is discontinued. We are bidding the Bridgestone M864 replacement 225/70R19.5 - Tire Price $262.00 each Manufacture: Firestone Product Code: 248409 1400R24 VKT - Tire Price $1,130.00 each Manufacture: Bridgestone Product Code: 263354 Manufacture: Michelin Product Code: 48885 17.5R25 - Tire Price $1,310.00 each Michelin Article #35052 is discontinued. Replaced by Michelin #48885. SERIAL 190256-C SOUTHERN TIRE MART 26.5R25 - Tire Price $3,585.00 each Manufacture: Michelin Product Code: 65348 23.5R25 - Tire Price $2,360.00 each Manufacture: Michelin Product Code: 65791 16.9-24 - Tire Price $640.00 each Manufacture: Firestone Product Code: 359505 11R22.5 - Foam Filled per lb price $1.10 pound 425/65R22.5 - Foam Filled per lb price $1.10 pound 225/70R19.5 - Foam Filled per lb price $1.10 pound 1400R24 VKT - Foam Filled per lb price $1.10 pound 17.5R25 - Foam Filled per lb price $1.10 pound 26.5R25 - Foam Filled per lb price $1.10 pound 23.5R25 - Foam Filled per lb price $1.10 pound 11L-16 - Foam Filled per lb price $1.10 pound 16.9-24 - Foam Filled per lb price $1.10 pound 11R22.5 - Casing Credit $30.00 each 425/65R22.5 - Casing Credit $0.00 each 225/70R19.5 - Casing Credit $0.00 each 1400R24 VKT - Casing Credit $0.00 each 17.5R25 - Casing Credit $0.00 each 26.5R25 - Casing Credit $0.00 each 23.5R25 - Casing Credit $0.00 each 11L-16 - Casing Credit $0.00 each Field Service Rate with Standard Field Truck $65.00 hour Field Service Rate with O.T.R./Boom Truck $96.00 hour Field Service Rate Afterhours for Standard Truck $97.50 hour Field Service Rate Afterhours for O.T.R./Boom $144.00 hour Truck Mileage Rate $1.25 mile Fuel Surcharge (Flat Fee) $15.00 each SERIAL 190256-C SOUTHERN TIRE MART SERIAL 190256-C SOUTHERN TIRE MART SERIAL 190256-C SOUTHERN TIRE MART PRICING SHEET: NIGP CODES: 06087, 86305, 86307, 86310, 86315, 86330, 92867, 92882 Terms: NET 30 Vendor Number: VS0000003495 Certificates of Insurance Required Contract Period: To cover the period ending June 30, 2020. SERIAL 190256-C ATTACHMENT B AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement. BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT (https://www.maricopa.gov/DocumentCenterNiew/6453) AND AGREE TO BE CONTRACTUALLY BOUND TO THEM. ___ Small Business Enterprise (SBE) Southern Tire Mart, LLC 06-1689011 143830128 RESPONDENT (FIRM) SUBMITTING PROPOSAL FED7~__: ~ E=R==-D• UN - S_ # __ Richard Conwill, Director of Government Sales PRINTED NAME AND TITLE A~ 800 Highway 98 877-786-4681 601-651-0655 ADDRESS TELEPHONE FAX # Columbia MS 39429 5/13/2019 CITY STATE ZIP DATE WEB SITE: www .stmtires.com EMAIL ADDRESS: richard.conwill@stmtires.com MARICOPA COUNTY, ARIZONA BY: ______________ _ CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 190256-C TIRES ON AND OFF-ROAD FLEET AND ROADSIDE SERVICE 1.0 INTENT: The intent of this Solicitation is to establish a multiple award contract for a full line of New Tire purchases and Roadside Tire Service for Maricopa County fleet. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.17 and 3.18, below). The County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. The County reserves the right to add additional Contractors, at the County’s sole discretion, in cases where the currently listed Contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 2.0 SPECIFICATIONS: 2.1 PASSENGER, LIGHT TRUCK AND TRAILERS TIRE PURCHASES: Passenger, Light Truck and Trailers tires purchased shall meet the Uniform Tire Quality Grading (UTQG) rating as listed: 2.1.1 Passenger tires: Traction minimum B, Temperature minimum B. 2.1.2 High Performance/Pursuit speed rating of V or greater to include 16”, 17” and 18” rims. 2.1.3 Tread wear minimum rating for passenger, light truck and trailers shall be 2/32” visible wear bars/tread depth. 2.1.4 Tread wear minimum rating for High performance/Pursuit tread wear minimum shall be 4/32” or depends upon the actual condition. 2.2 COMMERCIAL TRUCKS AND OFF-THE-ROAD (O.T.R.) TIRE PURCHASES: 2.2.1 Commercial Trucks, Buses, Construction and Agricultural Equipment tire purchases shall meet the manufacturer’s specification for highway tires for on and off road mounts with deep tread (i.e., buses, water trucks, dump trucks, etc.). 2.2.2 Tread wear minimum rating for commercial trucks 4/32” front, move to rear and replace front. 2.2.3 Tread wear minimum for O.T.R application replace by visible wear and lost traction. 2.3 CASING CREDITS: The Contractor(s) offering casing credits for O.T.R. tires provide a price next to the tire size specified on the pricing page. The Contractor(s) may offer other O.T.R. tire sizes not listed. Casing credits slips must have the company name, quantity of tire and tire size, list casing credit and price. If a Contractor(s) is involved in a service call with the tire size listed under the casing credit and does not offer a casing credit, the tire(s) casing must be returned to the Durango Main Shop/Service Center. 2.4 FOAM FILLED: The County may elect to replace an original pneumatic tire with a foam filled pneumatic tire on Skid Steer applications and Off Road Construction Equipment. SERIAL 190256-C 2.4.1 The foam fill process must use new foam only. 2.4.2 The price shall be per pound for each tire. 2.5 DEFINITIONS: 2.5.1 Hourly rate – the time it takes to complete the roadside tire service. The Contractor shall utilize ½ hour increments. 2.5.2 Afterhours/emergency/County holiday/weekend hourly rate – services rendered after normal business hours (5:00 a.m. to 4:30 p.m.). 2.5.3 Field technician service call rate – a one time/one-way charge in route to the designated County site minimum maximum one (1) hour. 2.5.4 Mileage or Fuel Charge (if applicable) – the first (1st) fifty (50) miles are free before mileage rate is applied or select a one-time flat rate fuel surcharge. 2.5.5 Roadside service – for on and off-site service within Maricopa County surface streets, job sites, and County facilities. 2.5.6 Motor Vehicles passenger, light, medium trucks and trailers up to 19,500 Gross Vehicle Weight (GVW). 2.5.7 Heavy commercial trucks and equipment used in construction, agriculture, and earth moving; 19,501 greater Gross Vehicle Weight (GVW). 2.5.8 Waste Tire – a tire that is no longer suitable for its original intended purpose due to the wear, damage or defect. 2.6 ROADSIDE TIRE SERVICE: The Contractor(s) must be available twenty-four (24) hours seven (7) days week including County holidays. The Contractor(s) shall provide hourly rates for roadside tire service performed by standard and O.T.R./Boom trucks. The Contractor(s) shall provide the following information: • Normal business hours • Field service rate with standard field truck • Field service rate with O.T.R./Boom truck • Field service rate after-hours for standard truck • Field service rate after-hours for O.T.R./Boom truck • Mileage (if applicable See Section 2.5.4) • Fuel surcharge (if applicable See Section 2.5.4) 2.6.1 All roadside tire service calls after normal business hours must list the name of the County’s designated employee requesting the service on the invoice in order to approve invoice payment. 2.6.2 All valve stem, caps, core, tubes, etc. required to complete the tire service shall be included in the bid price. 2.7 SERVICE TRUCKS: The Contractor(s) service truck(s) shall have the company name listed on both sides of the truck(s). Service truck(s) shall be fully equipped with all tools, equipment required to complete the tire service at no cost to the County. SERIAL 190256-C 2.8 DISPATCH ROADSIDE TIRE SERVICE: The County’s Service Writers or designated employee shall dispatch the tire service call to the Contractor, providing the authorization work order number and the County fleet number, with address and directions to County site. 2.8.1 Response time to a roadside tire service call shall be within one (1) to two (2) hours from notification. All roadside tire service calls shall be completed on the same business day. If the Contractor cannot comply with the time frame, relate this to the Service Writers at 602-506-4678 4666 or 2886 or designated County employee at the time of the call or immediately after to allow for other arrangements to be made. 2.8.2 The Contractor shall ensure their field technicians on the service truck(s) have communication resources such as a two-way radio and a cell phone to stays in contact with the County. 2.9 COUNTY SERVICE CENTERS: The County has five (5) service centers that are a part of this contract. All service centers hold their own tire inventory. The addresses, business hours and contact information for the service centers are as follows: 2.9.1 Durango Main Shop/Service Center at 3325 W. Durango Street, Phoenix, 85009; 602- 506-4676; 5:00 a.m. to 4:30 p.m. 2.9.2 Mesa Service Center at 155 E. Coury, Mesa, 85210; 602-506-4794; 6:00 a.m. to 2:30 p.m. 2.9.3 Dysart Service Center at 16821 N. Dysart Rd. Surprise, 85374; 623-583-1836; 6:00 a.m. to 4:30 p.m (Monday – Thursday) and 7:00 a.m. to 3:30 p.m (Friday). 2.9.4 Downtown Service Center at 120 S. 4th Ave, Phoenix, 85003; 602-506-3230; 7:00 7:30 a.m. to 4:00 p.m. 2.9.5 Buckeye Service Center at 26449 W. MC85, Buckeye, 85326; 623-386-7461; 5:00 6:00 a.m. to 2:30 3:30 p.m. 2.10 TIRE DELIVERIES: Tire deliveries shall be within one (1) hour from notification. Exceptions are made when a service center is more than two (2) hours in travel time from the Contractor’s facility. Daily deliveries and hot-shot runs may be required Monday through Friday. If the Contractor cannot comply with the delivery requirements at the time of notification, relate this to the County’s designated employee at the time of the order or contact the Parts Department at 602-506-6597 4676 immediately to allow the County to make other arrangements. 2.10.1 The County reserves the right to pick up tires at Contractor’s facility as a hot-shot run to eliminate any delays in an urgent remove and replace work order. 2.10.2 The Contractor(s) shall notify the County on manufacturer tire size back orders, discontinued manufacturers and the recommended tire manufacturer replacement. 2.10.3 The County shall not receive any tires exceeding the tire manufacture date of the DOT 4-digit serial number (first 2 number represent weeks of the month, the last 2 numbers represent the year). For example, 1819 is the 18th week, year 2019. Exceptions may be made if tire(s) exceeds nine (9) months from the DOT serial number, when there is major back order or state of emergency. SERIAL 190256-C 2.11 MAINTENANCE PROGRAM: The Contractor(s) shall have a maintenance program to assist the County as a backup source to maintain the County’s tire shop, tire tracking, and inventory management. All cost shall be included in the bid price. The Contractor(s) are to submit their tire management program with their bid submittal. 2.12 TIRE INVENTORY: The County shall provide a history report for the Contractor(s) to maintain a sufficient local inventory to adequately support our the County requirements. The Contractor(s) shall notify the County immediately on any tire size or manufacture back order. 2.13 TIRE SUBSTITUTE: In the event, a tire(s) size is not available and it’s necessary to substitute with another manufacturer, all specifications must match (height, size, ply, speed rating, load capacity, rim width range, etc.). At no time shall any of the County fleet have mixed matched tire mounts. 2.13.1 The Contractor must receive prior approval from the County for all substitute tires. The Contractor shall list the full name of the employee authorizing the substitution tire on the invoice. 2.13.2 The Contractor is responsible for the difference in cost per tire if it exceeds the original contract price. 2.13.3 If another manufacturer is substituted, the Contractor shall submit all manufacturers their company is authorized to distribute, and if the Contractor will honor government pricing for any substitutes. 2.14 TIRE WARRANTY: The minimum warranty shall be twelve (12) months or manufacturer’s warranty; whichever is greater. Warranty/Defective tires shall be replaced within twenty-four (24) hours of notification. An invoice must be submitted detailing the cause, cure, and a zero cost invoice. The effective date on all warranties shall begin at the time of service/mounting by both Contractor and County. 2.14.1 The Contractor(s) shall submit a copy of their tire warranty. The warranty will be award criteria. 2.14.2 The Contractor(s) is responsible for tire damage done to County vehicles/equipment in the event there is a defect in the tire or improper tire service. The Contractor(s) is also liable for all other damage done to County vehicles/equipment while working on the vehicle/equipment at all times. 2.14.3 The Contractor(s) are responsible for notifying the County on all manufacturer defective tire recalls, within twenty-four (24) to forty-eight (48) hours, not to exceed a seventy-two (72) hour timeframe. 2.15 BLANKET DISCOUNTS: Material to be purchased against this contract covers a wide variety of tire replacements. The Contractor(s) shall provide price sheets for each product offered to provide the greatest coverage of related products. The Contractor(s) shall submit price list(s) by catalog books Flash Drive, CD-ROM (format excel) Disc, Excel Workbook, or Internet access (no software license required). DISCOUNT PRICING IS STRONGLY ENCOURAGED TO ALLOW THE COUNTY GREATEST VENDOR UTILIZATION. GOVERNMENT PRICING IS PREFERRED, BUT IF GOVERNMENT PRICING IS NOT AVAILABLE, CONTRACTOR(S) SHALL SUBMIT A LIST OF ANY APPLICABLE DISCOUNTS FOR THE COUNTY. SERIAL 190256-C 2.16 ADDITIONAL PRICING: The Contractor(s) are encouraged to offer additional pricing for related items, materials, components which are not specifically addressed as line items in this solicitation. Pricing offered should be noted on the pricing pages of the Contractor’s bid in the format requested. 2.17 RETURN POLICY: The Contractor(s) shall accept the return of all non-moving tires originally purchased within six (6) months and pulled during the County’s six (6) month inventory adjustment period at no cost or penalty to the County. The credit-invoice shall reflect the original purchase price for each tire returned. 2.17.1 The County will not accept any tire size that is passed one (1) year from manufacturer date. 2.17.2 The Contractor shall provide, with company name, a return/credit booklet at no cost to the County. 2.18 STOCK LIFT: The County reserves the right to sell out current inventory before accepting new manufacturer brands or the Contractor(s) may be required to lift current inventory and replace with their brand. 2.19 TIRE DISPOSAL: COST FOR DISPOSAL OF ALL TIRES NOT COVERED BY ARIZONA REVISED STATUTE 44-1302 SHALL BE INCLUDED IN THE COST OF THE TIRE PRICE. The Contractor(s) shall be responsible for the pickup of waste tires on a one (1) for one (1) tire order at no additional cost to the County; with the exception of the O.T.R. tire sizes purchased under the “casing credit” offer. The Contractor(s) shall coordinate with the County to pick up the waste tires. 2.20 ADDITIONAL CHARGES/FEES: The County shall not be responsible for miscellaneous charges or fees unless it is an Arizona State or a Federal mandate. 2.21 CERTIFICATIONS: It is the responsibility of the Contractor(s) to meet all safety standards, licenses and certified technicians required to perform service and repairs. 2.22 SAFETY STANDARDS/REGULATIONS: 2.22.1 Code of Federal Regulation (CFR) under Title 49; 2.22.2 Inspection, Repair, and Maintenance within Part 396; 2.22.3 Parts and Accessories Necessary for Safe Operation within Part 393; 2.22.4 Federal Motor Vehicle Safety Standards within Part 571; 2.22.5 Occupational Safety and Health Administration (OSHA); 2.22.6 CFR 29 Part 1910, publications of the Rubber Manufacturers Association (RMA) on servicing of tires and rims and wheels; SERIAL 190256-C 2.22.7 Waste Tire Disposal, Arizona Revised Statute A.R.S. § 44-1301 and 44-1307, the latest revision. 2.23 BUSINESS REQUIREMENTS: 2.23.1 It shall be the responsibility of all Contractors to communicate with their tire consultant/sales person, service manager, account manager and other areas involved in compliance with this contract. 2.23.2 The Contractor(s) shall provide an after-hours phone number to the Equipment Services Department, upon award of this contract. 2.24 TECHNICAL AND DESCRIPTIVE SALES LITERATURE: The Contractor shall provide copies of its sales literature and brochures and copies of any manufacturer’s technical and/or descriptive literature regarding the material(s) the Contractor proposes to provide. Literature shall be sufficient in detail to allow for full and fair evaluation of the material(s) submitted and must be included with the bid. Failure to include this information may result in the bid being rejected. 3.0 PURCHASING REQUIREMENTS: 3.1 EXPEDITED DELIVERY: 3.1.1 If the Department determines that expedited delivery or other alternate shipping is required, it shall notify the Contractor. The Contractor shall determine any additional costs associated with such delivery terms and communicate that cost to the Department. 3.1.2 The Department shall not advise the Contractor to proceed with an expedited shipment until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the additional costs, the Department shall advise the Contractor to proceed. 3.1.3 Upon receipt of material(s) and invoicing, the Department shall ensure that any additional charges are in compliance with and do not exceed agreed to costs. The Department shall retain all documents related to these costs within the agency purchase file. 3.2 TESTING: Unless otherwise specified, materials purchased will be inspected by the Department to ensure the materials meet the quality and quantity requirements of the Specifications. When deemed necessary by the County, samples of the materials may be taken at random from stock received for submission to a commercial laboratory or other appropriate agency for analysis and tests as to whether the materials conform in all respects to the Specifications. In cases where commercial laboratory reports determine that the materials do not meet the Specifications, the expense of such analysis shall be borne by the Contractor. 3.3 ACCEPTANCE: Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance. 3.4 STOCK: The Contractor shall be expected to stock locally, sufficient quantities as may be necessary to meet the County’s needs. SERIAL 190256-C 3.5 WAREHOUSE/DISTRIBUTION CENTER: The Contractor(s) shall have access to a local warehouse/distribution center(s) within the Phoenix, Arizona metropolitan area capable of providing the material(s) listed herein at the time of bid submission. Maricopa County reserves the right to inspect such warehouse/distribution center(s) to ensure compliance with the terms and conditions of this solicitation. 3.6 WARRANTY: 3.6.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials, and workmanship. 3.6.2 The warranty period for workmanship and materials shall be for an initial period of twelve (12) months and commence upon acceptance by County. 3.6.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply. 3.6.2.2 The Contractor agrees that it will, at its own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations. 3.7 BRAND NAME: The County reserves the right to request samples to determine the quality and acceptability of materials bid by Contractor. In some cases, brand names have been listed in order to define the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration. 3.8 ORDER LEAD-TIME NOTIFICATION: Contractors submitting bids shall advise the County of lead-time(s) for the required items specified in this solicitation at the time of bid submission. Notification of any changes to lead time (learned after submission of a bid) shall also be the Contractor’s responsibility. The Contractor shall also notify all County Representatives included on Purchase Orders of lead-time information. If the item(s) become no longer available, Contractor shall notify County of the last available ordering date for the item(s) and may provide County with an alternative item(s) that the County may elect to purchase at its option. If the alternative item(s) do not meet the County’s requirements, County may terminate this Contract for Convenience per Section 4.13. 3.9 USAGE REPORT: The Contractor(s) shall furnish the County a quarterly (or upon request) report on all tire usage. The format of the report shall be a listing of parts numbers, descriptions, unit cost, total amount, date of purchase and the quarterly date of the report. 3.10 BACKGROUND CHECK: Bidders/proposers need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to (but is not limited to) the company, subcontractors and employees and the failure to pass these checks shall deem the respondent non-responsible. SERIAL 190256-C 3.11 INVOICES AND PAYMENTS: 3.11.1 EQUIPMENT SERVICES DEPARTMENT REQUIREMENTS: All invoices shall be sent to the main Durango Service Center bill to address below. The invoices shall be submitted to the County within forty-eight (48) hours from date of service. All invoices shall include the following information that pertains to a service call or tire purchase(s) to prevent any delays in processing payments. The invoice(s) must be legible. Bill To: Maricopa County Equipment Services Department 3325 West Durango Street Phoenix, Arizona 85009 • Company name, address, and contact • Contract Serial Number • County Purchase Order number (If not paid by credit card) • Invoice Number and date • County Work Order and Vehicle number • Arrival and Completion time • Reason for Tire Removal and Replacement • Description of Tire(s) • Quantity • Cost per Tire • Cost for Foam Filled Tire • Hourly Rate w/Total Hours • Mileage-Miles and Rate (if applicable) • Fuel Surcharge (if applicable) • Sales Tax and Tax Rate (on parts only) • Total Amount Due 3.11.1.1 ACCOUNTS PAYABLE CONTACT: For all inquiries on payment processing, contact accounts payable at 602-506- 4668 or 602-506-8693. Electronic statements and invoices are encouraged. All payments must be applied per invoice, not monthly statement total. 3.11.2 OTHER COUNTY DEPARTMENT REQUIREMENTS: The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact • County bill-to name and contact information • Contract Serial Number • County Purchase Order Number • Invoice Number and date • Payment Terms • Date of Service or Delivery • Quantity • Contract Item number(s) • Description of Purchase (product or services) • Pricing per Unit of Purchase • Freight (if applicable) SERIAL 190256-C • Extended Price • Total Amount Due 3.11.2.1 Problems regarding billing or invoicing shall be directed to the Department as listed on the Purchase Order. 3.11.2.2 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/922/Vendors). 3.11.2.3 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 3.11.2.4 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.12 APPLICABLE TAXES: 3.12.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.12.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.12.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or State and local laws and regulations, and any other costs including; transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 3.13 TAX (SERVICES): No tax shall be invoiced or paid against the Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price. 3.14 TAX (COMMODITIES): Tax shall not be invoiced against the Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the tax percentage in their proposal. 3.15 PERFORMANCE: It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform and any price differential will be charged against the Contractor. SERIAL 190256-C 3.16 POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Department to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.17 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. 3.18 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the Contract under its procurement rules, processes, and procedures. 3.19 VOLUNTARY EMPLOYEE DISCOUNTS: 3.19.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this Contract. Whether a Contractor offers or does not offer an employee discount is not a factor considered in the evaluation of responses to this solicitation. 3.19.2 Any discount offered is part of a commercial transaction between the Contractor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the Contractor and an individual County employee is a matter between the Contractor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of one (1) year. 4.2 OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. 4.3 CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this SERIAL 190256-C agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.4 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) calendar days prior to the Contract expiration date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract. 4.5 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. The scope of this indemnification does not extend to the sole negligence of County. 4.6 INSURANCE: 4.6.1 The Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.6.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 4.6.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.6.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to the coverage afforded under the insurance policies. SERIAL 190256-C 4.6.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.6.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as Additional Insureds. 4.6.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 4.6.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products, and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third-party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from an explosion, collapse, or underground property damage. 4.6.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this Contract. 4.6.10 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. The Contractor, its contractors, and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 4.6.11 Certificates of Insurance: 4.6.11.1 Prior to Contract Award, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. SERIAL 190256-C 4.6.11.2 In the event, any insurance policy(ies) required by this Contract is(are) written on a claims-made basis, coverage shall extend for two (2) years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 4.6.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) calendar days prior to the expiration date. 4.6.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. The Contractor must provide to Maricopa County, within two (2) business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to the Procurement Officer noted in the solicitation. 4.7 FORCE MAJEURE: 4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 4.7.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 4.8 ORDERING AUTHORITY: Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.9 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION: 4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved. SERIAL 190256-C 4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges being bound by this cancellation policy. 4.10 PURCHASE ORDERS: County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of the product prior to issuance of Purchase Order, etc. 4.11 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 4.12 STOP-WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) calendar days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either: 4.12.1 Cancel the stop-work order; or 4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience clause of this Contract. The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 4.13 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.14 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 4.14.1 Deliver the supplies or to perform the services within the time specified in this Contract or any extension; 4.14.2 Make progress, so as to endanger performance of this Contract; or SERIAL 190256-C 4.14.3 Perform any of the other provisions of this Contract. The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within ten (10) business days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three (3) years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County from any other party to the Contract arising as the result of the Contract. 4.16 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in the performance of the contract. 4.17 SUBCONTRACTING: 4.17.1 The Contractor may not assign to another Contractor or subcontract to another party for the performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job or project. 4.17.2 The subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the subcontractor’s invoice must accompany the Prime Contractor’s invoice. 4.18 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.19 ADDITIONS/DELETIONS OF COMMODITIES: The County reserves the right to add and/or delete materials to a Contract. If additional materials are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.20 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the Contract price. If additional services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. SERIAL 190256-C 4.21 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.21.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 4.21.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 4.22 AUDIT DISALLOWANCES: If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 4.23 STRICT COMPLIANCE: Acceptance by County of a performance that is not in strict compliance with the terms of the Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the Contract. 4.24 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract, shall not void or affect the validity of any other provision of the Contract. 4.25 SEVERABILITY: The removal, in whole or in part, of any provision of this Contract, shall not void or affect the validity of any other provision of this Contract. 4.26 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 4.27 RELATIONSHIPS: 4.27.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. SERIAL 190256-C 4.27.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.28 NON-DISCRIMINATION: Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Arizona State Library Research website (http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. During the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 4.29 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 4.29.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors; 4.29.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; 4.29.1.2 have not within a three (3) year period preceding this Contract: 4.29.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 4.29.1.2.2 been convicted of a violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 4.29.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 4.29.1.2.4 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.29.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. If this clause is applicable to a subcontractor, the Contractor shall include the information required by this clause with their bid. SERIAL 190256-C 4.30 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.30.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 4.30.2 The County retains the legal right to inspect Contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.30.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to; suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 4.31 CONTRACTOR LICENSE REQUIREMENT: 4.31.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State, and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the Department of any and all changes concerning permits, insurance or licenses. 4.31.2 The Contractor furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the Contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for the performance of the Contract. 4.32 INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: SERIAL 190256-C 4.32.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy, 4.32.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARDS TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. 4.33 CONFIDENTIALITY: In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees will communicate, divulge or disseminate to any third-party-persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third party in preparing a response to this solicitation, it shall require the third party to acknowledge and comply with this provision. 4.34 PUBLIC RECORDS: Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 4.35 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 4.36 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 4.37 GOVERNING LAW: This Contract shall be governed by the laws of the State of Arizona. The venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court, Phoenix, Arizona.