171126-CONTRACT.PDF

SERIAL 171126 RFP DISPOSAL OF SURPLUS PROPERTY
DATE OF LAST REVISION: September 06, 2017 CONTRACT END DATE: August 31, 2019
CONTRACT PERIOD THROUGH AUGUST 31, 2019
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for DISPOSAL OF SURPLUS PROPERTY
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 September 06, 2017.
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.
JG/ab
Attach
Copy to: Office of Procurement Services
Barry Thiem, MCSO
Julie Cole MCSO
Gidget Vigil, Equipment Services

CONTRACT PURSUANT TO RFP
SERIAL 171126-RFP
This Contract is entered into this 6th day of September, 2017 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Western Sales Management, an Arizona corporation (“Contractor”)
for the purchase of disposal of surplus services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of two (2) years, beginning on the 6th day of September, 2017 and
ending the 31st day of August, 2019.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of three (3) additional years, (or at the County’s
sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months
after expiration). The County shall notify the Contractor in writing of its intent to extend the
Contract term at least sixty (60) calendar days prior to the expiration of the original contract term,
or any additional term thereafter.
1.3 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.
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract
annual anniversary. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. If County agrees to the adjusted fee, County shall issue written
approval of the change. The reasonableness of the request will be determined by comparing the
request with the (Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.

SERIAL 171126-RFP
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can 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 or
• County purchase order number
• Project name and/or number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
3.3.3 Payment shall 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
(https://azdom-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County (ROI).
3.3.5 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.
3.4 APPLICABLE TAXES:
3.4.1 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.
3.4.2 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.
3.4.3 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

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transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker’s Compensation.
3.5 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
3.6 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.6.1 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 so state in your proposal. 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 Request for Proposal.
3.7 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
3.7.1 County currently holds ICPA’s with numerous governmental entities throughout the State
of Arizona. These agreements allow those entities, with the approval of the Contractor,
to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such
participation of other governmental entities. Your response will not be considered as an
evaluation factor in awarding a contract
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing
by the Procurement Officer.
5.2 During the Contract term, County may provide Contractor’s personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.

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6.0 TERMS and CONDITIONS:
6.1 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 paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
6.2 INSURANCE.
6.2.1 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.
6.2.2 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.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 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.
6.2.5 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.
6.2.6 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.

SERIAL 171126-RFP
6.2.7 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.
6.2.8 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.
6.2.9 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 $1,000,000 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.
6.2.10 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.
6.2.11 Crime – If any vendor is touching County funds
CONTRACTOR shall maintain Commercial Crime Liability Insurance with a limit of not
less than $500,000 for each occurrence. The policy shall include, but not be limited to,
coverage for employee dishonesty, fraud, theft, or embezzlement.
6.2.12 Certificates of Insurance.
6.2.12.1 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.
6.2.12.2 In the event any insurance policy (ies) required by this contract is (are) written
on a “claims made” basis, coverage shall extend for two years past completion
and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.

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6.2.12.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
6.2.13 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 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 Procurement Officer noted in solicitation.
6.3 FORCE MAJEURE
6.3.1 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.
6.3.2 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.
6.3.3 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.
6.3.4 The County shall reserve the right to terminate this Contract and/or any applicable order
or contract release purchase order upon non-performance by Contractor. The County
shall reserve the right to extend the Contract and time for performance at its discretion.
6.4 WARRANTY OF SERVICES:
6.4.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County’s acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
6.4.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
6.5 REQUIREMENTS CONTRACT:
6.5.1 The contract to be awarded from this RFP is a requirements contract. The resulting
Contract does not guarantee any minimum or maximum purchases will be made. If

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purchases are made for the materials or requirement contained in the Contract, they will
be purchased from the Contractor awarded that line item. Orders will only be placed
under this contract when the County identifies a need and proper authorization and
documentation have been approved.
6.5.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. By submitting a bid
in response to this Invitation for Bids, the Contractor specifically acknowledges to be
bound by this cancellation policy.
6.6 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.
6.7 BACKGROUND CHECK:
Contractors 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 Contractor, sub-contractors and employees.
6.8 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.
6.9 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 90 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 90 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;
6.9.1 Cancel the stop-work order; or
6.9.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
6.9.3 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.

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6.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
6.11 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:
6.11.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
6.11.2 Make progress, so as to endanger performance of this contract; or
6.11.3 Perform any of the other provisions of this contract.
6.11.4 The County’s right to terminate this contract under these subparagraph may be exercised
if the Contractor does not cure such failure within 10 days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer
specifying the failure.
6.12 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 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.
6.13 CONTRACTOR LICENSE REQUIREMENT:
6.13.1 The Respondent 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 Respondent 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 using agency of any and all changes concerning permits,
insurance or licenses.
6.13.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.14 SUBCONTRACTING:
6.14.1 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

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County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
6.14.2 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 or the County has approved the increase. 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.
6.15 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.
6.16 ADDITIONS/DELETIONS OF SERVICE:
6.16.1 The County reserves the right to add and/or delete materials and 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 bid price. If
additional materials or services are required from a Contract, prices for such additions
will be negotiated between the Contractor and the County.
6.16.2 The County reserves the right of final approval on proposed staff for all Task Orders.
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.
6.17 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.
6.18 SEVERABILITY:
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 this Contract.
6.19 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.
6.20 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’s 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.

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6.21 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9,
Arizona Revised Statutes Section 35-393 et seq.
6.22 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
6.22.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief, that the Contractor, it’s current officers and
directors;
6.22.1.1 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;
6.22.1.2 have not within 3-year period preceding this Contract;
6.22.1.2.1 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
6.22.1.2.2 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;
6.22.1.2.3 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 3-year period
preceding this Contract had any public transaction (Federal, State
or local) terminated for cause or default.
6.22.1.3 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.
6.22.2 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.
6.23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.23.1 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

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E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
6.23.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 6.23
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.
6.24 INFLUENCE
As prescribed in MC1-1202 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:
6.24.1 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,
6.24.2 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.
6.25 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.
6.26 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.26.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain 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.
6.26.2 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.
6.26.3 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

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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 deduction from current billings Submitted by the Contractor by 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.
6.27 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or
to require repayment of the disallowed amount by the Contractor.
6.28 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.
6.29 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this contract may include information that is
proprietary or confidential to the County. This provision establishes the contractor’s obligation
regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure
that no information contained in its records and/or obtained from the County or from others in
carrying out its functions (services) under the Contract shall be used by or disclosed by it, its
agents, officers, or employees, except as required to efficiently perform duties under the Contract.
The Contractor’s procedures and controls at a minimum must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time during the
duration of the Contract, the County determines that the procedures and controls in place are not
adequate, the Contractor shall institute any new and/or additional measures requested by the
County within 15 days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information s shall be
referred to the County for review and approval, prior to any dissemination.
6.30 PUBLIC RECORDS:
Under Arizona law, all Contracts are public records and must be retained by the Records Manager
at the Office of Procurement Services. Contracts shall be open to public inspection and copying
after Contract award and execution, except for such Contracts or sections thereof determined to
contain proprietary or confidential information by the Office of Procurement Services.
6.31 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.
6.32 RELATIONSHIPS:
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.

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6.33 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
6.34 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if
applicable, the terms of this Contract shall prevail.
6.35 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.35.1 Exhibit A, Pricing;
6.35.2 Exhibit B, Scope of Work;
6.35.3 Exhibit C, Office of Procurement Services Contractor Travel and Per Diem Policy.
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
Western Sales Management Inc.
1616 S. 67th Avenue
Phoenix, AZ 85043
John Cadzow
wsmauctionbiz@yahoo.com

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IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE

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EXHIBIT A
PRICING
SERIAL 171126-RFP
NIGP CODE: 96179
COMPANY NAME: Western Sales Management Inc.
DOING BUSINESS AS (DBA) NAME: WSM Auctioneers
MAILING ADDRESS: 1616 S. 67th Ave., Phoenix Arizona 85043
REMIT TO ADDRESS: 1616 S. 67th Ave., Phoenix Arizona 85043
TELEPHONE NUMBER: 623-936-3300
FACSIMILE NUMBER: 623-936-8527
WEB SITE: wsmauctioneers.com
REPRESENTATIVE NAME: John Cadzow
REPRESENTATIVE PHONE NUMBER: 623-936-3300
REPRESENTATIVE E-MAIL: jcadzow@wsmauctioneers.com
YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS
CONTRACT: [ x ]
PAYMENT TERMS:
[ x ] NET 10 DAYS
1.0 PRICING: Pricing % fee to County shall be inclusive of all
services performed, unless otherwise specified in this section of the
pricing sheet.
Fee (%) to County Based on Gross Sales
Volume
Surplus Items 5%
Vehicle Surplus 0%
Weapon Surplus (List credentials and any caveats in
response) n/a
Online Auction Rate (if different, specify how in
response) 5%
Fee ($) per vehicle to be deducted from payment due
Decal Removal (Door) 0
Decal Removal (Full
Vehicle) 0
Fee ($) per appraisal. Respondent to list any pricing
Non-Auction Appraisal caveats for trip charges, multiple items, etc.
At County Site 0
At Contractor Site 0

SERIAL 171126-RFP
WESTERN SALES MANAGEMENT INC. DBA WSM AUCTIONEERS
2.0 Other Fees
Buyer's Premium 10%
Loading Items 0
Title Transfer Fees 0
Parking 0
$200 Cash
Bidder Registration Refundable
Gas 0
3% Proxibid Fee
Bidder Fee Not WSM
Credit Card Fee 3%
Vehicle Transportation Fee 0

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EXHIBIT B
SCOPE OF SERVICES
1.0 INTENT:
The intent of this Contract is a percentage of sales contract with Contractor to manage all transportation
and sales aspects of the County’s surplus property operations in accordance with A.R.S. §11-251.9 - §11-
251.55, the County’s Procurement Code (Article 8) and the Maricopa County Capital Asset Manual.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Section 3.6 and 3.7 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.
2.0 SCOPE OF WORK:
2.1 SURPLUS ITEM DUTIES:
2.1.1 Contractor shall provide all labor, cash handling, required advertising, warehousing, and
protection from the elements, transportation, inventory services, record keeping, security,
any day-to-day sales, & auctioneering services in order to ensure the successful operation
of the County’s surplus property operations. All surplus property disposal services
performed by the successful contractor must meet the provisions of the County’s
Procurement Code (http://www.maricopa.gov/materials/p-code/policies.asp) and the
Maricopa County Capital Asset Manual (incorporated herein by reference).
2.1.2 Items should be protected as reasonably possible, for example electronics should not be
left outside during a rainstorm. Outside items should be covered for protection.
2.1.3 The awarded/contracted vendor shall provide all necessary transportation of County
surplus property from the County agency disposing of such to the site where the surplus
property is being auctioned/sold. Maricopa County reserves the right to deliver auction
items to the vendor’s site at no cost.
2.1.4 Maricopa County reserves the right to hold auction(s) at its own facility.
2.1.5 Contractor shall ensure all County assets to be sold have been inspected to verify any
extraneous or extra County property that may be enclosed, attached, or otherwise not
generally considered a part of the asset, has been removed and returned to the County
promptly.
2.1.6 Computers, fax machines, copiers, printers, or any technology product that has the
capacity to store private information is not contemplated in this contract. However, the
County may elect to add these types of items at a later date.
2.1.7 The Contractor shall install a Bar Code system that can record and store all information
on items received for sale. The system shall be approved by the County prior to
deployment and shall be provided at no cost to the County. The Contractor will furnish
the bar code labels to the County departments so all items will be able to be labeled by
the County prior to pick up or delivery.
2.1.8 The awarded contractor shall maintain and keep accurate asset records for each item of
County property auctioned or sold for six (6) years after the close of the contract. This is
to include model number(s), serial number(s), asset tag number(s), date each item was
auctioned/sold, and amount each item was sold for.

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2.1.9 The Contractor shall conduct its business in accordance with all applicable sections of the
Arizona State Revised Statutes.
2.1.10 The Contractor shall make all items to be auctioned available for public viewing (which
may be online or in person) within twenty-four (24) hours prior to the start of every
auction.
2.1.11 The Contractor shall acknowledge the receipt of an auction item pick up request within
one business day of it being submitted by County. The Contractor shall coordinate with
the County department representative the logistics of transporting the item(s) to the
auction location. The Contractor shall not unduly delay the removal of auction items from
County property.
2.2 VEHICLE SURPLUS AUCTION:
2.2.1 COUNTY RESPONSIBILITIES
2.2.1.1 The Equipment Services Department (ESD) stores and preps all County vehicles
for all County departments at 3325 West Durango Street, Phoenix Arizona,
85009.
2.2.1.2 ESD Fleet Management Team removes all County equipment and markings /
decals. The County reserves the right for the Contractor to remove County
markings to expedite the release of the vehicle / equipment to the auction
facility.
2.2.1.2.1Decal removal varies by the department the vehicle was assigned.
2.2.1.2.1.1 For non-law enforcement vehicles, there may be 2 door
County seals, 2 official use only stickers and vehicle
number are both sides of the vehicle to remove.
2.2.1.2.1.2 For law enforcement vehicles are fully covered with the
markings of the Sheriff’s department.
2.2.1.3 ESD will ensure the vehicles do not have flat tires. When the Contractor takes
possession of the vehicles and a tire(s) are flat, it will be their responsibility to
repair or replace, at no cost to the County.
2.2.1.4 ESD will provide an auction spreadsheet, listing all County vehicles - year,
make and model and known problem with the vehicles (i.e. a/c not working,
transmission bad).
2.2.1.5 ESD will have lots / pallets of related automotive parts and other miscellaneous
items to add to the auction. If lots / pallets are separated to increase the value of
the items, proceeds shall stay with the original lot / pallet name.
2.2.1.6 ESD has their own forklift to assist in loading the lots on to the Contractors
equipment. If necessary, Contractor may be required to have a forklift if the
County’s forklift is not operational.
2.2.1.7 ESD Fleet Management team member will notify the Contractor when vehicles
and lots / pallets are ready for picked up.

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2.2.1.8 ESD Fleet Management team member will provide the Contractor will all
County vehicle titles and extra keys.
2.2.1.9 ESD Fleet Management team will have a designated key board for all the
auction vehicles and a sign out sheet. The vehicle keys will have a tag with the
vehicle number and will be displayed on the windshield of the vehicle.
2.2.1.10 All auction vehicles and related automotive parts are sold “as is”.
2.2.1.11 ESD Fleet Management Auction Coordinator is the point of contact (602-506-
0123) for all questions and concerns regarding paperwork (titles, spread sheet,
billing, keys, etc.). Auction Coordinator is responsible for changing titles when
there is a total loss / salvage titles.
2.2.1.12 ESD Fleet Management Get Ready Coordinator is the point of contact (602-506-
6420) for the pick-up of the auction vehicles / equipment and lots / pallets.
2.2.2 CONTRACTOR RESPONSIBILITIES
2.2.2.1 The Contractor assumes all liability for loss and damage to the property once
they take possession of the items at the County facility. In the event that
Contractor damages or allows items to be damaged in such a manner that
devalues the item or otherwise renders the item unsellable, the Contractor shall
reimburse County for the loss in value or the fair auction value of items rendered
unsellable.
2.2.2.2 The Contractor shall maintain a facility that secures all County items.
2.2.2.3 The Contractor shall maintain a publically accessible website that will provide,
but no be limited to; Picture(s) of the items, detailed descriptions of the items,
and date/time of auction. Contractor may also provide a means for auctions to be
held virtually via the website.
2.2.2.4 The Contractor shall schedule to pick up all vehicles / lots for auction within two
(2) business days of receiving the auction spreadsheet. All auction vehicles and
related automotive parts are sold “as is”.
2.2.2.5 The Contractor shall be responsible for towing / transporting all County vehicles
and lots at no cost to the County.
2.2.2.6 The Contractor must be equipped to tow / transport various vehicles and
equipment Gross Vehicle Weight (GVW). Up to 80,000 lbs.
2.2.2.7 The Contractor will incur the cost to replace lost vehicle keys. ESD will charge
the Contractor to remake the vehicle key(s). The cost to remake a chip
programmable key/FOB is subject to market pricing; to remake a standard / non
programmable key is a flat charge of $40.00.
2.2.2.8 The Contractor shall be responsible for any minor repairs after receiving the
vehicle as necessary to make the vehicle operational for the auction (i.e. charge

SERIAL 171126-RFP
or replace battery; repair a flat tire), at no cost to the County. The Contractor has
an option to recharge the battery or push the vehicle to the auction spot.
2.2.2.9 The Contractor shall provide pricing to remove County markings / decals from
doors, or the full vehicle at a flat rate for any size.
2.2.2.10 All County vehicles must have all County markings removed prior to the auction
date and released to the buyer.
2.2.2.11 The Contractor shall remit to the County all proceeds from the auction, less the
awarded Contractor’s fee within ten (10) business days after auction date.
2.2.2.12 The Contractor’s Consignor settlement must match the ESD auction
spreadsheet. The following sales record shall include; item description, lot
number, the sale price and the name, address and telephone number of the buyer.
2.2.2.13 The Contractor shall auction all vehicles and lots released to them within six (6)
weeks after taking possession, unless authorized by the County.
2.2.2.14 The Contractor shall ensure the maximum financial benefit to the County by
cleaning the interior and exterior of all vehicles and equipment at no cost to the
County.
2.2.2.15 The Contractor is responsible for processing titles for the buyers at no cost to the
County.
2.2.2.16 The Contractor is responsible for submitting a “sold notice” of every County
vehicle to Motor Vehicle Department (MVD) on the same day of the auction
date.
2.2.3 ABANDONED/UNCLAIMED VEHICLES
2.2.3.1 The Maricopa County Sheriff’s Office will send unclaimed/abandoned vehicles
to auction periodically. These vehicles will often be in poor condition with
severe damage and/or missing parts and keys; they shall be sold as is and no
repairs will be required by the Contractor. A forklift will be available to assist
during transportation to auction facility.
2.2.3.2 MCSO will submit full documentation of the vehicles on spreadsheets as
required per the court. Titles/permits will document year, make, model, VIN#,
and be separated as “CRUSH ONLY” or Regular sale. “CRUSH ONLY”
vehicles shall require sale documentation/pictures of destruction from the
Contractor as requested by MCSO. No alterations will be allowed on
spreadsheets submitted by MCSO. The Contractor shall submit sold notice to
MVD on the day of the sale.
2.2.3.3 All proceeds and sale documentation from the original spreadsheet for
unclaimed/abandoned vehicles shall be sent US Mail by the Contractor and
made payable to Maricopa County clerk of the Superior, with a fax copy to
(602) 233-2583 within 10 business days of sale to the name/address listed
below.
Clerk of the Superior Court
201 W. Jefferson Street
Attn: Accounting Unit –CCB/AC

SERIAL 171126-RFP
Phoenix, AZ. 85003
2.2.3.4 All communications regarding unclaimed/abandoned vehicles shall be addressed
to Officer Braverman (602) 876-4873 or Officer Branson (602) 876-1858.
2.3 PAYMENT
As consideration for performance of the duties described herein, Contractor shall deduct the
percentage stated in Final Pricing, attached hereto and incorporated herein as Exhibit A, from the
funds due the County.
Payment to the County will be made within ten (10) business days after the sale (auction date).
Payment shall be accompanied with a detailed list of all items sold, price sold for, County
department disposing of the equipment and buyers’ number. A detailed list of all items not sold
and to be held for the next sale to include County department shall be supplied with the payment.
2.4 FREQUENCY OF SURPLUS PROPERTY SALES/AUCTIONS:
The awarded contractor will be required to hold surplus property disposal auctions each month
unless otherwise authorized by the County.
2.5 SALES REPORT:
The Contractor shall furnish the County a monthly sales report 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 separated by County
department name/number.
3.0 PROCUREMENT REQUIREMENTS:
3.1 CONTRACTOR EMPLOYEE MANAGEMENT:
3.1.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout
the implementation of the Solution. In the event that Contractor personnel’s employment
status changes, Contractor shall provide County a list of proposed candidates with
equivalent experience with the Solution. County reserves the right to assist in the
selection of the replacement candidate. Under no circumstances is it acceptable for the
implementation schedule to be impacted by a personnel change on the part of the
Contractor.
3.1.2 Contractor shall not reassign any provided personnel without the express consent of the
County.
3.1.3 County reserves the right to immediately remove from its premises any Contractor
personnel it determines is a risk to County operations.
3.1.4 County reserves the right to request the replacement of Contractor personnel at any time,
for any reason. Said requested removal shall not be subject to part 3.1.1 of this section.

SERIAL 171126-RFP
WESTERN SALES MANAGEMENT INC. DBA WSM AUCTIONEERS, 1616 S 67TH AVE PHOENIX, AZ
85043
PRICING SHEET: NIGP CODE 96209
Terms: NET 10 Days
Vendor Number: VC0000007088
Certificates of Insurance Required
Contract Period: To cover the period ending August 31, 2019.