Extracted text (via pymupdf_layout)
81146 characters
SERIAL 180218-C
SERIAL 180218-C BULK FUEL PURCHASE AND DELIVERY
DATE OF LAST REVISION: May 9, 2018 CONTRACT END DATE: April 30, 2019
CONTRACT PERIOD THROUGH APRIL 30, 2019
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for BULK FUEL PURCHASE AND DELIVERY
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 May 9, 2018.
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.
NP/ab
Attach
Copy to: Office of Procurement Services
Erick Van Hofwegen
(Please remove Serial 11116-C from your contract notebooks)
SERIAL 180218-C
PRO PETROLEUM, P.O. BOX 6761, PHOENIX, AZ 85009
COMPANY NAME: Pro Petroleum
DOING BUSINESS AS (dba): Pro Petroleum
MAILING ADDRESS: P.O. Box 6761, Phoenix, AZ 85009
REMIT TO ADDRESS: P.O. Box 6761, Phoenix, AZ 85009
TELPHONE NUMBER: 602-352-8100
FAX NUMBER: N/A
WWW ADDRESS: www.propetroleum.com
REPRESENTATIVE NAME: Mark Lytle
REPRESENTATIVE TELEPHONE NUMBER: 877-791-4900
REPRESENTATIVE EMAIL ADDRESS Mlytle@propetroleum.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
FUEL COMPRISES (if applicable) 100% OF TOTAL BID AMOUNT
PAYMENT TERMS:
NET 30 DAYS
1ST CALL
Equipment Services Durango Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0434 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.1228 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0481 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0108 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0665 gallon
the solicitation document.
Equipment Services Downtown Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0436 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.1221 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0481 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0108 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0665 gallon
the solicitation document.
SERIAL 180218-C
Equipment Services Mesa Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0397 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.1167 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0427 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0054 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0611 gallon
the solicitation document.
Equipment Services Dysart Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0411 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.1196 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0456 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0083 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0639 gallon
the solicitation document.
Equipment Services Buckeye Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0071 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0876 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0071 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0237 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.032 gallon
the solicitation document.
Estrella Mountain Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0855 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0049 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0789 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1162 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0655 gallon
the solicitation document.
SERIAL 180218-C
Lake Pleasant Regional Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0855 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0049 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0789 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1162 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0606 gallon
the solicitation document.
Bartlett Lake, Bartlett Rd.
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.5405 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.4599 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.5339 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.5712 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.5156 gallon
the solicitation document.
Cave Creek Recreation Area
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0855 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0049 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0789 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1162 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0606 gallon
the solicitation document.
McDowell Mountain Regional Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.01 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0706 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0034 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0407 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.015 gallon
the solicitation document.
SERIAL 180218-C
Usery Mountain Recreation Area
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.4155 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.3349 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.4089 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.4462 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.3906 gallon
the solicitation document.
Blue Point Storage Area
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.4155 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.3349 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.4089 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.4462 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.3906 gallon
the solicitation document.
White Tank Mountain Regional Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.1655 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0849 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.1589 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1962 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.1406 gallon
the solicitation document.
Flood Control North Yard
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.1155 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0349 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.1089 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1462 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0906 gallon
the solicitation document.
SERIAL 180218-C
Sheriff’s Office Substation
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.1605 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0799 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.1539 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1912 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.1356 gallon
the solicitation document.
MCDOT New River Maintenance Facility
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0331 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.1103 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0363 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.001 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0547 gallon
the solicitation document.
Pickup By County Fuel Trucks
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.06 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.1401 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0661 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0288 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0845 gallon
the solicitation document.
PRICING SHEET: NIGP CODE 40515
Terms: NET 30
Vendor Number: VC0000006470
Certificates of Insurance Required
Contract Period: To cover the period ending April 30, 2019.
Mancopa County Bid 180218-C
SERIAL 180218-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.eav/DocumentCenterNiew/6453) AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
Small Business Enterprise (SBE)
PRO PETROLEUM 75-2279730 608848727
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS #
Mark Lytle - VP of Supply & Marketing
PRINTED NAME AND TITLE AUTHORIZED S I GISK TURE
408 S. 43rd Ave. 602-224-9700 NA
ADDRESS TELEPHONE FAX #
Phoenix AZ 85009 February 20, 2018
CITY STMT. ZIP DATE
WEB SITE: WWw.propetroleurn.com EMAIL ADDRESS: MiYtleAprOpetrOIBUM.COM
tdysonhanks@propetroleum.com
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
1/31/20181 14 PM p. .56
SERIAL 180218-C
SENERGY PETROLEUM LLC, 622 S 56TH AVE, PHOENIX, AZ 85043
COMPANY NAME: Senergy Petroleum LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS: 622 S 56th Ave, Phoenix, AZ 85043
REMIT TO ADDRESS: P.O. Box 52127, Phoenix, AZ 85072-2127
TELPHONE NUMBER: 602-272-6795
FAX NUMBER: 480-827-8712
WWW ADDRESS: www.gosenergy.com
REPRESENTATIVE NAME: Jim Kaskie
REPRESENTATIVE TELEPHONE 602-358-2411
NUMBER:
REPRESENTATIVE EMAIL ADDRESS jkaskie@gosenergy.com
clindblom@gosenergy.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO 0.00
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
FUEL COMPRISES (if applicable) 100% OF TOTAL BID AMOUNT
PAYMENT TERMS:
NET 30 DAYS
2nd CALL
Equipment Services Durango Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0208 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0208 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0051 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0051 gallon
the solicitation document.
Equipment Services Downtown Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.028 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0208 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0051 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0051 gallon
the solicitation document.
SERIAL 180218-C
Equipment Services Mesa Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0101 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0101 gallon
the solicitation document.
Equipment Services Dysart Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0158 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0101 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0101 gallon
the solicitation document.
Equipment Services Buckeye Shop
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0473 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0651 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0651 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1051 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.1051 gallon
the solicitation document.
Estrella Mountain Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.2501 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.2451 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.2451 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.350) gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.3501 gallon
the solicitation document.
SERIAL 180218-C
Lake Pleasant Regional Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.3501 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.3401 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.3401 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.4501 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.4501 gallon
the solicitation document.
Bartlett Lake, Bartlett Rd.
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.7001 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.7001 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.7001 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.8001 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.8001 gallon
the solicitation document.
Cave Creek Recreation Area
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.3501 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.3401 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.3401 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.4501 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.4501 gallon
the solicitation document.
McDowell Mountain Regional Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0251 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0451 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0451 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.0851 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.0851 gallon
the solicitation document.
SERIAL 180218-C
Usery Mountain Recreation Area
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0651 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0851 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0851 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1851 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.1851 gallon
the solicitation document.
Blue Point Storage Area
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.3501 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.3401 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.3401 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.4501 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.4501 gallon
the solicitation document.
White Tank Mountain Regional Park
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.0531 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.0751 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.0751 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.1351 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.1351 gallon
the solicitation document.
Flood Control North Yard
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin $0.2801 gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin $0.2501 gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin $0.2501 gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin $0.3501 gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin $0.3501 gallon
the solicitation document.
SERIAL 180218-C
Sheriff’s Office Substation
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin ($0.0451) gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin ($0.0651) gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin ($0.0651) gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin ($0.1651) gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin ($0.1651) gallon
the solicitation document.
MCDOT New river Maintenance Facility
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin ($0.3501) gallon
the solicitation document.
See requirements in section 2 of
B20 Bio-Diesel Include Plus Or Minus Margin ($0.3401) gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin ($0.3401) gallon
the solicitation document.
See requirements in section 2 of
B5 Bio-Diesel Include Plus Or Minus Margin ($0.4501) gallon
the solicitation document.
See requirements in section 2 of
B10 Bio-Diesel Include Plus Or Minus Margin ($0.4501) gallon
the solicitation document.
Pickup By County Fuel Trucks
Title Unit Price UofM Description
See requirements in section 2 of
Unleaded Include Plus Or Minus Margin ($0.0901) gallon
the solicitation document.
See requirements in section 2 of
Diesel Low Sulfur Include Plus Or Minus Margin ($0.0801) gallon
the solicitation document.
PRICING SHEET: NIGP CODE 40515
Terms: NET 30
Vendor Number: VC0000004433
Certificates of Insurance Required
Contract Period: To cover the period ending April 30, 2019.
Mancopa County Bid 180218-C
SERIAL 180218-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.eov/DocumentCenter/View/6453) AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
Small Business Enterprise (SBE)
Senergy Petroleum LLC 46-2658218 078838582
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS #
Chris Lindblom, President and CEO
PRINTED NAME AND TITLE AUTHORIZED SI URE
622 S. 56th Ave (602) 272-6795 (480) 827-8712
ADDRESS TELEPHONE, FAX #
Phoenix AZ 85043 02/23/2018
CITY STATE ZIP DATE
WEB SITE: www.gosenergy.com EMAIL ADDRESS: clindblom@gosenergy.com
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
2/15/2018 3:55 PM p. 56
SERIAL 180218-C
BULK FUEL PURCHASE AND DELIVERY
1.0 INTENT:
The intent of this Invitation for Bids (IFB) is to establish a full service contract for the purchase and delivery
of bulk Unleaded, Diesel and Bio-Diesel Fuel for Maricopa County underground and aboveground storage
tanks and fuel trucks. Our Fuel Trucks are used to fuel County construction equipment / other equipment as
necessary.
The County is using Biodiesel fuel at the B20 blend. The majority of the diesel vehicles /equipment, in the
County fleet are using B20 blend. The County has fifteen (15) fuel sites, which are defined by location and
capacity and product; in addition to County owned fuel trucks used to replenish diesel type stand-by
generators and other equipment. This information is provided for prospective bidders and not as a guarantee
of actual purchases to be made. The deliveries and purchases shall be from the Phoenix Tank Farms.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.11 and 3.12, below).
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.
Maricopa 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.
2.0 SPECIFICATIONS:
2.1 QUALIFICATIONS FOR CONTRACTOR:
2.1.1 Contractor(s) shall be regularly engaged in the business of providing delivery service for
fuel products. A minimum of five (5) years of experience is required. Provide references
and how many years in this type of business.
2.1.2 Contractor(s) shall employ qualified personnel / drivers that understand and comply with
safety standards.
2.1.3 Contractor(s) shall be capable of delivering and pumping fuel into both underground and
aboveground storage tanks.
2.1.4 Contractor(s) and their drivers shall pick up and deliver from the Phoenix Tank Farms.
2.1.5 Contractor(s) shall be registered /certified under the BQ-9000 Biodiesel quality program,
or equivalent, as “certified marketers” or “accredited producers. Contractor shall provide
the approved certification within three (3) months after award. The contractor shall
maintain certification throughout the duration of the contract period, and shall notify the
County if certification is not maintained. No purchases shall be made prior to the awarded
contractor providing proof of “certification”.
2.1.6 The County’s expectations are to receive quality product, on-time deliveries with bulk
pricing discounts.
2.2 PURCHASE OF UNLEADED, DIESEL AND BIO-DIESEL FUELS
2.2.1 UNLEADED FUEL:
2.2.1.1 All unleaded gasoline shall conform to the American Society for Testing and
Materials (ASTM) Standard Specification #D4814-01a for the State of Arizona and
any ASTM revision thereafter, subject to rules and regulations and Clean Air Act
SERIAL 180218-C
waivers of the U.S. Environmental Protection Agency (EPA), and Arizona State
statutes which require the use of reformulated oxygenated gasoline and specify
maximum vapor pressures for certain areas.
2.2.1.2 All regular grade unleaded gasoline fuel shall have a minimum octane (RON plus
MON/2) of 87. The County reserves the right to test fuels for compliance. The
Arizona State Legislature requires Maricopa County to use gasoline with Reid
Vapor Pressure (RVP) of 7.0.
2.2.2 DIESEL AND BIO-DIESEL:
2.2.2.1 Fuel components must conform to the most current published revision of their
respective American Society for Testing and Materials ("ASTM") specifications.
The Biodiesel (B100) component must conform to ASTM D 6751(Specification for
Biodiesel [B100]) as amended. The Petro-diesel (petroleum diesel) component must
conform to ASTM D 975 (Standard specification for Diesel Fuel Oils) for grade No
2-D S15 as amended. The contractor will maintain on file for the County's review
Certificates of Analysis, confirming the Biodiesel's conformance to ASTM D 6751,
for all Biodiesel blended into Biodiesel blends supplied to the County.
2.2.2.2 The contractor(s) shall be responsible for providing verification of product / testing
data to the County on diesel / Bio-Diesel blend prior to dispensing into diesel tanks.
The County shall select an independent laboratory to provide the test results for both
parties. If both parties do not agree with the test results, a second test can be
conducted by a mutual lab at the cost of the requestor. The County shall conduct
random testing at our cost and discretion. If the test result show contamination or
the product does not follow required standards this may result in default /
termination of the contract.
2.2.3 WARRANTY STATEMENTS:
Most of the Engine Manufacturing has adopted D6751 as defined as Bio-Diesel. Other 'bio-
derived' materials that do not meet D6751 must not be substituted for the original Bio-
Diesel blend, for this will cause engine and fuel system problems and void engine
warranties.
2.2.3.1 Contractor warrants that all goods or services furnished under this agreement shall
conform to all specifications and appropriate standards, and will be free from defects
in material or workmanship.
2.2.3.2 Contractor agrees to replace or correct defects of any goods or services not
conforming to the foregoing warranty promptly, without expense to the County.
2.2.3.3 The contractor(s) recognizes the County requirements may require immediate
repairs or reworking of defective goods without notice to the contractor. The County
reserves the right to fix the problem immediately. In such event, the contractor shall
reimburse County for the costs, delays, or other damages which County has
incurred.
2.2.4 SHELF LIFE:
The County requires that all fuels, regardless of the “blend” designation (%), have an
effective shelf life of not less than six (6) months.
2.2.4.1 Maricopa County Equipment Services shall reserve the right to use a storage
enhancing additive of their choice / discretion. Bidder may offer a storage enhancing
additive. National Bio-diesel Board (NBB) shall have tested/certified the additive
for long term storage stability. Proof of testing/certification by NBB shall be
SERIAL 180218-C
submitted with bid through an attachment on BidSync. Bidder shall fully define
any storage enhancing additive offered, in bidder notes.
2.2.4.2 Maricopa County Equipment Services shall reserve the right to use a cold flow
improver / winterized an additive for diesel fuels including bio-diesel blends. This
may be necessary if temperatures drop into the 20s on the coldest nights. The
additive is to modify the size and shape of the wax crystals that form as the
temperature cools and reduces the Cold Filter Plug Point (“CFPP”) of the fuel. A
measurement of the fuel’s ability to flow as the temperature drops.
2.3 UNDERGROUND STORAGE TANK ADDRESSES:
2.3.1 Durango-3325 W Durango Street, Phoenix, 85009
2.3.2 Downtown-120 S 4th Ave, Phoenix, 85003
2.3.3 Mesa-155 E Coury Ave, Mesa, 85210
2.3.4 Surprise-16821 N Dysart Rd, Surprise, 85374
2.4 ABOVEGROUND STORAGE TANK ADDRESSES:
2.4.1 Buckeye-26449 W MC Road 85, Buckeye, 85326
2.4.2 Estrella Mountain Park, 15099 W Casey Abbott Dr. North, Goodyear, 85338
2.4.3 Lake Pleasant Regional Park, 41835 N Castle Hot Springs Rd, 85342
2.4.4 Bartlett Lake, Bartlett Rd 8 miles E of Cave Creek Rd,
2.4.5 Cave Creek Recreation Area, 37019 N Lava Lane Cave Creek, 85331
2.4.6 McDowell Mountain Regional Park, 15612 E Palisades Dr., Fountain Hills, 85269
2.4.7 Usery Mountain Recreation Area, 3939 N Usery Pass Rd, Mesa, 85207
2.4.8 Blue Point Storage Area, 7519 N Usery Pass, Mesa, 85263
2.4.9 White Tank Mountain Regional Park, 13025 N White Tank Mountain Rd, Waddell, 85355
2.4.10 Flood Control N Yard, 9602 N 21st Dr., Phoenix, 85021
2.4.11 Sheriff’s Office Substation, 920 E Van Buren, Avondale, 85323
2.4.12 MCDOT New River Maintenance Facility, 418835 N New River, New River, 85087
2.5 COUNTY FUEL TRUCKS:
The County owns and operates one (1) fuel truck to fuel equipment / other fleet as necessary. The
fuel truck must be allowed to purchase fuel at the designated contractor’s facilities.
2.5.1 All certifications for the fuel trucks will be coordinated with our Fuel Coordinator.
Listed are the descriptions of our fuel trucks.
2.5.1.1 2000 Gallon Diesel, GPM 90 with top loading
2.5.2 The contractor must include a sample of the “Carrier Terminal Access Agreement” and
Driver Responsibilities Policy and Procedures with their bid submittal. Attach the
submission through BidSync.
2.5.3 There is a space provided in the pricing section for you to indicate if your fuel racks comply
with the different loading dispensers on the County fuel trucks.
2.6 IN-HOUSE DELIVERIES:
The County reserves the right to utilize County Fuel Truck(s) for deliveries to the aboveground
storage tanks on an as needed basis.
2.7 SITE INSPECTION:
During the bid process, the County strongly encourages all bidders to conduct a site visit to all fuel
sites to become familiar with the physical locations and access the delivery conditions.
SERIAL 180218-C
2.7.1 Contact the Fuel Coordinator (602-506-4481) to make arrangements. To retrieve maps for
the Regional Parks go to the Parks & Recreations website at www.maricopa.gov/parks
click on maps.
2.7.2 The County assumes no responsibility for any conclusions or interpretations made by the
contractor(s) on the basis of the information made available by the County.
2.8 LOAD CAPACITY:
The County’s fuel tanks capacities are from “Tank-Wagon” (defined as 2-6,500 gallons) loads up
to “Truck-Trailer” (defined as 7,000 gallons minimum) loads for all fuels specified on an as needed
basis.
2.9 ESTIMATED QUANTITIES:
The usage quantities listed on the pricing section are estimates only. No commitment of any kind is
made concerning actual quantities acquired during the contract term.
2.10 FUEL DELIVERY COORDINATION EFFORT:
The Fuel Coordinator will coordinate all deliveries by providing quantities, site locations, and the
type of petroleum product. Any authorizations or notifications shall be directed to the fuel
coordinator.
2.10.1 Delivery shall be made within 24 hours from time of order notification. If the contractor(s)
cannot comply with these time restrains contact the Fuel Coordinator immediately (602-
506-4481), to give the County time to make other arrangements.
2.11 PRICING AND REQUIRED O.P.I.S. GUIDELINES:
2.11.1 All pick up and deliveries must be ONLY from the “Phoenix Tank Farms”.
2.11.2 All prices offered shall include cost for the delivery to designated County fuel sites.
2.11.3 All prices offered consider gallon usage and the fuel tank capacity.
2.11.4 All prices offered for fuel shall be based on the Oil Price Information Survey (O.P.I.S.).
2.11.5 All prices offered shall indicate plus or minus (+ or -) O.P.I.S.
2.11.6 All prices offered shall be four decimal places from the published price by the respective
O.P.I.S.
2.11.7 All applicable taxes shall be billed as a separate line item on the invoice (provide the name
of the applicable taxes).
2.11.8 All O.P.I.S report shall be faxed or electronically send to the Fuel Coordinator.
2.11.9 In the event a respective O.P.I.S reports is not available for any reason, the pricing from the
last previous report will prevail.
2.11.10 Bio-Diesel - pricing shall be based on the Phoenix Daily Wholesale B5, B10, and B20 SME
Bio-diesel Price Oil Price Information Service (O.P.I.S.) Gross Contract Average 10 A.M.
Report Eastern Time shall be stated as plus (+) or minus (-). Price shall be four decimal
places from the published price by the respective O.P.I.S. report.
2.11.11 Reports, the contractor shall provide the Phoenix Daily Wholesale B5, B10, and B20 SME
O.P.I.S Gross Contract Average 10 AM Report Eastern Time.
2.11.12 If fuel is delivered on a Sunday, pricing shall be referenced from the Saturday’s O.P.I.S.
B5, B10, or B20 report.
2.11.13 Ultra-Low-Sulfur Diesel - price shall be based on daily Ultra-Low-Sulfur Diesel O.P.I.S
contract average 10:00 A.M. Eastern Time shall be stated as plus (+) or minus (-). Price
shall be four decimal places from the published price by the respective O.P.I.S. report.
2.11.14 Unleaded – price shall be based on daily Gross CBG Ethanol O.P.I.S contract average
10:00 A.M. Eastern Time shall be stated as plus (+) or minus (-). Price shall be four decimal
places from the published price by the respective O.P.I.S. report.
SERIAL 180218-C
2.12 SIGNS / LABELS:
County storage fuel tanks are clearly marked appropriately displaying “UNLEADED” and
“DIESEL” and “BIO-DIESEL” signs.
2.13 STICK TANKS:
The Contractor(s) shall “stick” the tanks prior to delivery and record the inches on the delivery
receipt. This is an opportunity for the delivery driver to verify product types and quantity in the
tank to be filled to ensure adequate haulage is available for quantity ordered.
2.14 CLEAN UP:
The Contractor shall be responsible for cleanup of all spillage during the delivery and/or pumping
process and shall take immediate action to properly contain and “clean-up” the spillage in
accordance with applicable laws regulations, etc. This includes the clean-up of all fuel spilt in spill
containment sumps. The Contractor shall also advise our Fuel Coordinator.
2.15 MIXED FUEL:
The Contractor shall be responsible for the complete cost and any damages resulting in the removal
of “mixed fuel”.
2.16 ANNUAL TESTING:
The Contractor(s) may be required to top off tanks, during mandated Annual Underground Storage
Tank (UST) Testing. The County shall not incur any up-charge cost for ordering a partial or split
load of fuel to meet required levels for the mandatory testing. The County shall do their best to
comply with the levels prior to testing to avoid an inconvenience to the contractor(s).
2.17 STAND-BY CHARGES:
The contractors shall be allowed to charge the County a stand-by charge if the delay is over fifteen
(15) minutes and is caused by the County. The County is not responsible for construction closures /
delays. The delivery ticket shall indicate the date and time of arrival. An Equipment Service
employee must sign the delivery ticket to acknowledge the stand-by charge.
2.18 UP CHARGE:
In the event a contractor contacts our Fuel Coordinator to possibly accept a partial load as a favor
to the contractor, in order to empty out their trailer tank, the County shall not incur any up-charge
cost.
2.19 SAFETY STANDARDS:
All items supplied on this contract must comply with the current applicable occupational safety
and health standards of the State of Arizona Industrial Commission, The National Electric Code,
and The National Fire Protection Association Standards, and any other applicable requirements.
2.19.1 Contractor must agree to provide safety data sheets for all substances that are delivered to the
County that come under the Federal Toxic and Hazardous Substance – Hazard
Communication Standard, Section 1910.1200 Hazard Communication. The Contractor shall
provide B5 and B20 component specifications.
2.19.2 EPA Registration and Health Effects Testing- All fuels and fuel additives must be
registered with the US EPA and be subjected to the health effects regulations contained
within 40 CFR Part 79. Companies must register their individual fuel products with the
EPA in order to legally market the product to the public. In order to register their fuel,
companies must either complete the health effects testing requirements using their specific
SERIAL 180218-C
fuel, or make arrangements with an entity which has completed the testing, in order to use
the other entity’s data. The National Bio-Diesel Board has completed the required health
effects testing on behalf of the Bio-Diesel industry, and has established criteria to make the
testing data available to companies seeking to register their Bio-Diesel with the EPA. Any
fuel that does not meet ASTM D 6751 is not considered Bio-Diesel and therefore does not
fall under the NBB testing umbrella. Adoption of D 6751 by the FTA will assist EPA and
the Bio-Diesel industry in preventing unregistered fuels from being illegally sold as Bio-
Diesel.
3.0 PURCHASING REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s) stipulated on
the Purchase Order. All delivery locations are within Maricopa County.
3.2 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.
3.3 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 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 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 4.12.
3.4 USAGE REPORT:
The Contractor shall furnish the County a usage report, upon request, delineating the acquisition
activity governed by the Contract. The format of the report shall be approved by the County and
shall disclose the quantity and dollar value of each contract item by individual unit.
3.5 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.
3.6 INVOICES AND PAYMENTS:
3.6.1 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
SERIAL 180218-C
• Quantity
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Extended price
• Total Amount Due
3.6.2 Problems regarding billing or invoicing shall be directed to the Department as listed on the
Purchase Order.
3.6.3 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).
3.6.4 Discounts offered in the contract shall be calculated based on the date a properly completed
invoice is received by the County.
3.6.5 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.
3.7 DELIVERY TICKET AND BILL OF LADING:
The delivery ticket and one copy of the bill of lading shall be provided to the Fuel Coordinator.
3.7.1 When deliveries are made to unattended sites, the delivery ticket and one copy of the bill
of lading must be received by fax (602-506-7341) or electronically sent within twenty-four
(24) hours.
3.7.2 The delivery ticket shall list: the contractor’s name, address, type of fuel, grade of fuel and
dip stick reading and/or the Fuel Master Vendor Root reading prior and after dispensing
fuel for each site.
3.7.3 The County shall only authorize payment for the actual (net) quantity of each delivery.
3.8 APPLICABLE TAXES:
3.8.1 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.
3.8.2 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.
3.8.3 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.
SERIAL 180218-C
3.9 TAX (COMMODITIES):
Tax shall not be invoiced against 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.
3.10 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.
3.11 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.
3.12 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.
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 four (4) 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 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 to the OPIS markup/discount rate must be submitted
to the Office of Procurement Services sixty (60) calendar days prior to the Contract expiration.
SERIAL 180218-C
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 there from, 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, any one 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 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 coverage
afforded under the insurance policies.
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.
SERIAL 180218-C
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 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.
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.
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.
SERIAL 180218-C
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. 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 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.
4.8 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
4.8.1 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.
4.8.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the
County Procurement Officer with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
4.9 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 product prior to issuance of Purchase Order, etc.
4.10 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.
4.11 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
is delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either:
SERIAL 180218-C
4.11.1 Cancel the stop work order; or
4.11.2 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.
4.12 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.13 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:
4.13.1 Deliver the supplies or to perform the services within the time specified in this Contract or
any extension;
4.13.2 Make progress, so as to endanger performance of this Contract; or
4.13.3 Perform any of the other provisions of this Contract.
The County’s right to terminate this contract under these subparagraph 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.
4.14 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.
4.15 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 performance of the contract.
4.16 SUBCONTRACTING:
4.16.1 The Contractor may not assign to another Contractor or subcontract to another party for
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.
4.16.2 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
SERIAL 180218-C
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.
4.17 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.
4.18 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.
4.19 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.19.1 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.
4.19.2 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.
4.20 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.
4.21 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.
4.22 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.
4.23 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.
SERIAL 180218-C
4.24 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.
4.25 RELATIONSHIPS:
4.25.1 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.
4.25.2 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.
4.26 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 Governor of the State of Arizona 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.
4.27 ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9,
A.R.S. § 35-393 et seq.
4.28 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
4.28.1 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;
4.28.1.1 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;
4.28.1.2 have not within a three (3) year period preceding this Contract:
4.28.1.2.1 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
4.28.1.2.2 been convicted of violation of any Federal or State antitrust statues 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;
4.28.1.2.3 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
SERIAL 180218-C
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.
4.28.1.2.4 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.
4.28.2 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.
4.29 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
4.29.1 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.
4.29.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.29.1
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.
4.30 CONTRACTOR LICENSE REQUIREMENT:
4.30.1 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.
4.30.2 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
SERIAL 180218-C
requirements for a particular contract. Contractor shall identify which license(s), if any,
the Registrar of Contractors requires for performance of the Contract.
4.31 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:
4.31.1 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,
4.31.2 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.
4.32 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.
4.33 PUBLIC RECORDS:
Under Arizona law, all bids 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 Bids or sections thereof determined
to contain proprietary or confidential information by the Office of Procurement Services. If a Bidder
believes that information in its bid or any resulting Contract should not be released in response to a
public record request under Arizona law, the bidder shall indicate the specific information deemed
confidential or proprietary and submit a statement with its bid detailing the reasons that the
information should not be disclosed. Such reasons shall include the specific harm or prejudice
which may arise from disclosure.
4.34 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.
SERIAL 180218-C
4.35 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.
4.36 GOVERNING LAW:
This Contract shall be governed by the laws of the State of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona.