CONTRACT RE REG DISTRIBUTION SVCS WITH DIRCKS ML.PDF
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CONTRACT PURSUANT TO PH RFP 15-030
CONTRACT #: 86045-30B
This Contract is entered into this 9 th day of September, 2015 by and between Maricopa County ("County"), a
political subdivision of the State of Arizona, and Dircks Moving and Logistics, ("Contractor") for the purchase of
Regional Distribution services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years, beginning on the 9' day of September, 2015 and
ending the 8th day of September, 2018.
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 five (5) 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 County shall notify the Contractor in writing of its intent to extend the Contract
term at least thirty (30) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
2.0 FEE ADJUSTMENTS:
Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract annual
anniversary date. 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.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. 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
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• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity
• Contract Item number(s)
• Description of service provided
• Pricing per unit of service
• Extended price
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the County 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
(http://www.maricopa.gov/Finance/Vendors.aspx)
3.3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.4 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: Maricopa County is subject to all
applicable 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
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 SAVE
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
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CONTRACT #: 860-15-30R
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 shall 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.
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,
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CONTRACT 4: 860-15-30B
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.
Lessee, its contractors and subcontractors at Lessee's or its contractors' and subcontractors' 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++ 6. In lieu of State of Arizona licensing, the stipulated insurance may he 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 Lessor. The form of any insurance policies and
forms must be acceptable to Lessor. 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 Lease is
satisfactorily completed and formally accepted and until the use of the Premises as contemplated
in this Lease has been terminated. Failure to do so may, at the discretion of Lessor, constitute a
material breach of this Lease. Lessee's insurance shall be primary insurance as respects Lessor,
and any insurance or self-insurance maintained by Lessor shall not contribute to it. 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 Lessor's right to coverage afforded under the insurance
policies. The insurance policies may provide coverage that contains deductibles or self-insurance
retentions. Such deductible and/or self-insurance retentions shall not be applicable with respect to
the coverage provided to Lessor under such policies. Lessee shall be solely responsible for the
deductible and/or self-insurance retention arid Lessor, at its option, may require Lessee to secure
payment of such deductibles or self-insurance retentions by a surety bond or an irrevocable and
unconditional letter of credit. Lessor reserves the right to request and to receive, within 10
business days, certified copies of any or all of the herein required insurance policies and/or
endorsements. Lessor shall not be obligated, however, to review such policies and/or
endorsements or to advise Lessee of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Lessee from, or be deemed a waiver of Lessor's right to insist on strict
fulfillment of Lessee's obligations under this Lease. Lessee and its contractors' and
subcontractors' insurance policies required by this Lease, except Workers' Compensation, shall
name Lessor, its agents, representatives, officers, directors, officials and employees as Additional
Insureds. Lessee and its contractors' and subcontractors' insurance policies required hereunder,
except Workers' Compensation, shall contain a waiver of transfer of rights of recovery
(subrogation) against Lessor, its agents, representatives, officers, directors, officials and
employees for any claims arising out of Lessee's work or service or use or maintenance of the
Premises.
6.2.1 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.
6.2.2 Automobile Liability.
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CONTRACT #: 860-15-30B
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 Lessee's owned,
hired, and non-awned vehicles assigned to or used in performance of the Lessee's work
or services or use or maintenance of the Premises under this Lease.
6.2.3 Workers' Compensation.
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Lessee's employees engaged in the performance of the
work or services under this Lease; 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.
Lessee, its contractors and its subcontractors waive all rights against Lessor 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 Lessee, its contractors and its
subcontractors pursuant to this Lease.
6.2.4 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial
Umbrella insurance, which will insure and provide coverage for errors or omissions or
professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for
each claim.
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 Certificates of Insurance
6.4.1 Prior to commencing work or services under this Contract, Contractor shall have
insurance in effect 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,
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CONTRACT 4: 860-15-30B
conditions and limits required by this Contract are in full force and effect. Such
certificates shall be made available to the County upon 48 hours notice. BY SIGNING
THE AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS
REQUIREMENT AND UNDERSTANDS THAT FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF THIS CONTRACT.
6.4.1.1.1In 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.
6.4.1.1.21f 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.
6.4.2 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
6.5 WARRANTY OF SERVICES:
6.5.1 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.
6.5.2 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.
6.6 INSPECTION OF SERVICES:
6.6.1 The Contactor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If any of the services do not conform with Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at on
increase in Contract amount. When the defects in services cannot be corrected by re-
performance, County may:
6.4.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.4.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
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CONTRACT #: 860-15-3011
6.4.4.1 By Contract or otherwise, perform the services and charge to the Contractor any
cost incurred by County that is directly related to the performance of such
service; or
6.4.4.2 Terminate the Contract for default.
6.7 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Department of Public Health
Attn: Cheryl Rentscheler, Procurement Officer
4041 N. Central Avenue, #1400
Phoenix, AZ 85012
(602) 506-6886
cherylrentschelera,mail.maricopa.gov
For Contractor:
Dircks Moving and Logistics
Attn: Tim Whalen
4340 W. Mohave Street
Phoenix, AZ 85043
(602) 269-5501
twhalen@dircks.com
6.8 REQUIREMENTS CONTRACT:
6.8.1 Contractor signifies its understanding and agreement by signing this document that this
Contract is a requirements contract. This Contract does not guarantee any purchases will
be made (minimum or maximum). Orders will only be placed when County identifies a
need and issues a purchase order or a written notice to proceed.
6.8.2 County reserves the right to cancel purchase orders or notice to proceed within a
reasonable period of time after issuance. Should a purchase order or notice to proceed be
canceled, the County agrees to reimburse the Contractor for actual and documented costs
incurred by the Contractor. The County will not reimburse the Contractor for any
avoidable costs incurred after receipt of cancellation, or for lost profits, or shipment of
product or performance of services prior to issuance of a purchase order or notice to
proceed.
6.8.3 Purchase orders will be cancelled in writing.
6.9 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.
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6.10 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-
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
6.10.3 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.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
6.12.1 in addition to the rights reserved in the Contract, the County may terminate the Contract
in whole or in part due to the failure of the Contactor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance policies, bonds,
licenses and permits, or to make satisfactory progress in performing the Contract. The
Procurement Officer shall provide written notice of the termination and the reasons for it
to the Contractor.
6.12.2 Upon termination under this paragraph, all goods, materials, documents, data and reports
prepared by the Contractor under the Contract shall become the property of and be
delivered to the County on demand.
6.12.3 The County may, upon termination of this Contract, procure, on terms and in the manner
that it deems appropriate, materials or services to replace those under this Contract. The
Contractor shall be liable to the County for any excess costs incurred by the County in
procuring materials or services in substitution for those due from the Contractor.
6.12.4 The Contractor shall continue to perform, in accordance with the requirements of the
Contract, up to the date of termination, as directed in the termination notice.
6.13 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed on account of its insolvency, the County may
terminate the Contract. If the Contractor should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to provide enough properly skilled
workers or proper materials, or persistently disregard laws and ordinances, or not proceed with
work or otherwise be guilty of a substantial violation of any provision of this Contract, then the
County may terminate the Contract. Prior to termination of the Contract, the County shall give the
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CONTRACT 14: 860-15-30B
Contractor fifteen- (15) calendar day's written notice. Upon receipt of such termination notice, the
Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
6.14 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this 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.
6.15 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 under this contract.
6.16 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete products and/or services provided under this
Contract. If a requirement is deleted, payment to the Contractor will be reduced proportionately to
the amount of service reduced in accordance with the proposal price. If additional services and/or
products are required from this Contract, prices for such additions will be negotiated between the
Contractor and the County.
6.17 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, partnership, principal and agent, or joint venture
between the District and the Contractor.
6.18 SUBCONTRACTING:
The Contractor may not assign this Contract or subcontract to another party for performance of the
terms and conditions hereof without the written consent of the County, which shall not be
unreasonably withheld. All correspondence authorizing subcontracting must reference the
Proposal Serial Number and identify the job project.
6.19 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. The
Public Health Procurement Officer and/or the Office of Procurement Services' Chief Procurement
Officer shall be responsible for approving all amendments for Marieopa County.
6.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.20.1 In accordance with section MCI 367 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
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other persons duly authorized by the Department shall have fall access to, and the right to
examine, copy and make use of, any and all said materials.
6.20.2 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.
6.20.3 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
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 claim 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.
6.21 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.
6.22 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.
6.23 RIGHTS IN DATA:
The County shall own have the use of all data and reports resulting from this Contract without
additional cost or other restriction except as provided by law. Each party shall supply to the other
party, upon request, any available information that is relevant to this Contract and to the
performance hereunder.
6.24 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://www.azgovernor.govidms/upload/E0 2009 09.pdf which is hereby incorporated into this
contract as if set forth in full herein. During the perfolluance of this contract, CONTRACTOR
shall not discriminate against any employee, client or any or any other individual in any way
because of that person"s age, race, creed, color, religion, sex, disability or national origin.
6.25 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.
6.26 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.26.1 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
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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 years, whichever is longer. 1-9 forms are available
for download at USCIS.GOV .
6.26.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph
6.26.1 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.
627 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.
6.27.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section
3.908 of the Federal Acquisition Regulation;
6.27.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
6.27.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.28 CONTRACTOR LICENSE REQUIREMENT:
6.28.1 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 Materials
Management and the using agency of any and all changes concerning permits, insurance
or licenses.
6.28.2 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
Page 11 of 34
CONTRACT #: 86045-30B
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contactors requires for performance of the Contract.
6.29 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.29.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
6.21.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.21.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in, connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forge*, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.21.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.21.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
6.29.2 The Contractor agrees to 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.
6.30 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
6.31 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.
6.32 AUDIT REQUIREMENTS
6.32.1 If the Contractor expends $500,000 or more from all contracts administered and/or
funded via County, and/or receives $500,000 or more per year from any federal funding
sources, the Contractor may be subject to Federal audit requirements per P.L. 98-502
"The Single Audit Act". The Contractor shall comply with OMB Circulars A-128, A-
110, and A-133 as applicable. The audit report shall be submitted to the Maricopa
County Department of Public Health for review within the twelve months following the
close of the fiscal year. The Contractor shall take any necessary corrective action to
remedy any material weaknesses identified in the audit report within six months after the
release date of the report. Maricopa County may consider sanctions as described in OMB
Circular A-128 for contractors not in compliance with the audit requirements. All books
and records shall be maintained in accordance with Generally Accepted Accounting
Principles (GAAP).
6.32.2 The Contractor shall schedule an annual financial audit to be submitted to County for
review within twelve months following the close of the program's fiscal year. Contractor
Page 12 of 34
CONTRACT #: 860-15-3011
understands that failure to meet this requirement may result in loss of current funding and
disqualification from consideration for future County-administered funding.
6.32,3 The Contractor shall comply with the requirement of the Federal Office of Management
and Budget (OMB) Circular A-133. The Contractor is responsible for having an audit
performed in accordance with, and when required, by OMB Circular A- 133, and for
sending a copy of the report issued as a results of the audit to the COUNTY within 30
days of issuance. The County reserves the right to engage an auditor, at the Contractor's
expense, to perform an OMB Circular A-133 audit of the Contractor in the event that the
Contractor shall fail to engage an auditor or the County shall reject or disapprove of the
auditor engaged by the Contractor.
6.32.4 The Contractor must also comply with the following OMB Circulars:
1.0 A-102 Uniform Administrative Requirements for Grants to State and Local
Government.
2.0 A-110 Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals and other non-profit organizations.
3.0 A-122 Cost Principles for Non-Profit Organizations.
4.0 A-87 Cost Principles for State and Local Governments.
5.0 A-21 Cost principles for Education Institutions.
6.33 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:
6,33,1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment Or educational passes or tickets, or any type valuable contribution or
subsidy,
6.33.2 That is offered or given with the intent to influence a decision, obtain a contract, gamer
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.
6.34 PUBLIC RECORDS:
All Offers submitted and opened are public records and must be retained by the Records Manager
at the Office of Procurement Services. Offers shall be open to public inspection after Contract
award and execution, except for such Offers deemed to be confidential by the Office of
Procurement Services. If an Offeror believes that information in its Offer should remain
confidential, it shall indicate as confidential, the specific information and submit a statement with
its offer detailing the reasons that the information should not be disclosed. Such reasons shall
include the specific harm or prejudice which may arise. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
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;
Page 13 of 34
CONTRACT #: 86045-30B
6.35.3 Exhibit C, Contractor Assessment
Page 14 of 34
CONTRACT #: 860-15-30A
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
toliia,-4---64-1
PRINTED NAME AND TITLE
4-Y -10 (A). mcrItxu - c›-t- Pi* So-i 3
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
Page 15 of 34
CONTRACT #: 860-15-30B
EXHIBIT A
PRICING
BIDDER NAME: Dircks Moving and Logistics
F.I.D.NENDOR #:
BIDDER ADDRESS: 4340 W Mohave St Phoenix AZ 85043
P.O. ADDRESS: N/A
BIDDER PHONE #: 602-269-5501
BIDDER FAX #:
COMPANY WEB SITE: www.dircks.com
COMPANY CONTACT (REP): Tim Whalen
E-MAIL ADDRESS (REP): twhalen@dircks.com
PAYMENT TERMS: BIDDER IS REQUIRED TO SELECT ONE OF THE FOLLOWING:
TERMS WILL BE CONSIDERED IN DETERMINING LOW BID.
FAILURE TO CHOOSE A TERM WILL RESULT IN A DEFAULT TO NET 30.
BIDDER MUST INITIAL THE SELECTION BELOW.
NET 10
NET 15
NET 20
NET 30
NET 45
NET 60
NET 90
2% 10 DAYS NET 30
1% 10 DAYS NET 30
2% 30 DAYS NET 31
1% 30 DAYS NET 31
5% 30 DAYS NET 31
COMPENSATION/FEES:
Use attached Excel spreadsheet on this page and attach to your response
Attachment A Pricing
Dircks.xlsx
(As defined herein)
Respondent's signature below indicates understanding and agreement to perform the services outlined in the Request
for Proposal indicated abovefor the total rates they have listed in the attached spreadsheet.
S(-13----
Signature (REQUIRED) Date
Page 16 of 34
CONTRACT #: 860-15-30A
Receiving and Warehousing Pricing:
STORAGE POI-Ise /2
,Storage Costs (Pallet) .09/5F per Day
Day or Month Pellet Day or Month
%*.Propoie nii.ntorage'priCedl.ii.SP.Uare foot girdo lanol cro
0.11 per Day 0.09 per Day
Storage Costs (Square Foot) soon. Foot layer Month soup, Foot Day or Month
Pole One} (Circle One
Siorage Costs (Vault) --- 15,75 per Month 14 per Month
Vault Day or Month Vault Day or Month
Kittle Dee) lomo ono].
,Storage Costs (Cold/Refrigerated) 1.85/SF par Month - 1:65/SF par Month
Day or Month Day or Month
(circle Linel ICIrcle Olcob
1200 per Day - 1000 per Day
Facility Use ; Hour, Day, Week, Month • • Facility, Ilse Hour, Day, Week. Month
Cm-) {-prcle Onel
. :
MdwAvailniiie !
10 lours.,_
2 3
Forklift lelectric) 1 1 3
Electric Pailetiack 1 3
?allet Jack 5 10 29
4 Hour . 35 per Hour
Warehouse Supervisor 2 40 per Hour 35 par Hour
Warehouse Associate 5+ 37.5. per - Hour 32.5 per Hour
1 45 per Hour 40 per Hour
per
4 40 Hour
Vehicle Hour/Day
Tractor Tra lier (45-53') 20-22 pallets 40 per Hour
Hour/Day
PERSONNEL
(Transportation Positions)
a tOrurt II ca
- Vas PersonreveikIlln , :
sIt is n Nam
.1-45 Hcsul'C
40 per Hour
Driver 14
40 per Hour
Crew Member. • 14
40 per Hour
Dispatcher
40 per Hour
Customer Service. 4
70 per Hour
,iv.R•qt!, tiJ4of2 1-i:661;iY 1P:0T:1 .
"664::
70 65
Warehouse Manager • 45 45 49 40
1VereHouse Supervisor • 40 35 05
Warehouse Associate : 37-5 32,5 12.5
Customer Service -• - • 411 40 45 45
Driver 40 35 35
Crow Member 40 49 35 . 35
Dispatcher 40 35
Page 17 of 34
CONTRACT #: 860-15-3011
EXHIBIT B
SCOPE OF WORK
Original Scope of Work from Proposal:
RECEIVING & WAREHOUSING
2.1 When activated, the Contractor will be required to receive into their warehouse(s) quantities of material
including, but not limited to, personal protective equipment, hospital supplies, ventilators, donated
goods, pharmaceuticals, and items requiring special handling including controlled substances and items
requiring cold chain management such as vaccines. Deliveries may be received in single-item or mixed
pallets, cases and boxes, or not packaged at all.
2.1.1 Describe your warehouse capacity and identify your maximum available personnel, by position.
How much square footage is there total (please identify rack and open floor space square
footage) and how much of it could be made available to support MCDPH during an event.
What is the maximum number of personnel you have access to for receiving and warehouse
operations;
2.1.2 What is the average daily square footage of storage space available in your facility(s);
2.1.3 Identify the number, location, and business hours of your available warehouse(s). Complete
Attachment D for each warehouse;
2.1.4 Identify the size, type, and number of docks available at each location;
2.1.5 Describe your access, in both capacity and time, to additional equipment and supplies such as
forklifts, pallet jacks, fuel, etc. from a regional or national partner or existing accounts or
contracts;
2.1.6 Identify how much of your warehouse, equipment, and personnel you could have dedicated to
MCDPH within the following:
- Two hours of notification;
- Ten hours of notification; and
- 24 hours of notification.
Please develop a timeline indicating capacity levels for the above as it relates to:
- Square footage of usable or open warehouse space;
- Quantities of equipment (forklifts, pallet jacks, dollies); and
- Warehouse personnel.
2.1.7 Describe your existing warehouse security;
2.1.8 Identify your capacity for short-term (less than 6 months) storage;
2.1.9 Identify the capacity and type(s) of cold storage available at your warehouse(s);
2.1.10 Identify your capacity to store controlled substances in a locked room inside the facility with
limited and controlled access;
2.111 Confirm your warehousing operations are available and describe sustainability 24/7 for those
operations if requested by MCDPH;
2.1.12 Identify other governmental or non-governmental emergency response contracts or
obligations you cuixently hold;
2.1.13 Describe your willingness, ability, and capability to shut down all or parts of your
warehousing operations to support the MCDPH mission if requested to do so;
2.1.14 Describe the availability of your staff, by position title, to participate in meetings, trainings,
and exercises relating to warehouse operations in 1, 2, 4, and 8 hour blocks, all of which will
be coordinated and scheduled well in advance; and
2.1.15 Identify any previous warehousing experience with Strategic National Stockpile (SNS)
material, emergency preparedness training, or any related experience you feel is relevant.
2.2 The Contractor will be required to physically separate, maintain, and keep an inventory of all items by
product description, National Drug Code (NDC) or manufacturer's code, expiration date, and lot
number.
2.2.1 Describe your ability to unload and receive, physically separate, identify, and stock/store
material. Identify your experience and ability in handling items requiring a temperature
controlled environment, including cold chain handling and management;
Page 18 of 34
CONTRACT #: 860-15-30B
2.2.2 Describe your ability and experience in creating and maintaining a separate automated
inventory for material containing the following data elements:
2.2.2.1 Product Description;
2.2.2.2 Varying units of measure (case, box, multi-dose vials, and single manufacturer's
unit level reporting such as dose;
2.2.2.3 Quantities;
2.2.2.4 National Drug Code;
2.2.2.5 Lot Number;
2.2.2.6 Storage Location;
2.2.2.7 Expiration Date;
2.2.2.8 Order Requests by Site (name or address); or
2.2.2.9 Confirmed delivery/receipt by site (name or address).
Note: Please identify which of the above data elements an automated inventory listing can
be sorted on.
2.2.3 In general terms, describe your automated system(s) for inventory management and its
capabilities;
2.2.4 Describe your automated systems capability of importing and exporting inventory data (can
the system import and export Comma Separated Value [.CSV] files);
2.2.5 Describe your ability and experience in creating and maintaining inventory in a non-
automated environment;
2.2.6 Discuss or acknowledge your willingness to train and utilize a web-based inventory system if
it is deemed your existing system(s) cannot meet the inventory and documentation
requirements of MCDPH; and
2.2.7 Describe your ability and formats available to send information regarding receipt, inventory,
or request(s) to an off-site location such as the MCDPH Incident Command Center. If an
inventory report is requested by MCDPH, how long and in what sorts and formats can reports
be provided?
2.3 MCDPH may request the Contractor provide access to a web-based inventory, order, and delivery
confirmation system.
2.3.1 Describe the web-based ordering system that is currently utilized in your warehouse operations
to input order requests;
2.3.2 Describe the process by which MCDPH would input order requests and what documentation
the system generates in terms of picking tickets, delivery orders, etc.;
2.3.3 Describe your process for pick-list generation and routing. Please include time frames for
pulling orders and having them available for loading on delivery vehicles;
DISTRIBUTION & TRANSPORT
2.4 When activated, the contractor will be required to pick up, and/or toad, and deliver supplies or equipment,
This could range from small distribution and transport missions between a few facilities to mass
distribution and transport missions involving more than 200 sites geographically dispersed across
Maxicopa County and/or the state of Arizona. Missions may also occur repeatedly over a given period
of time and involve large quantities of material including, but not limited to, personal protective
equipment, hospital supplies, ventilators, donated goods, pharmaceuticals, and items requiring cold
chain handling, such as vaccines.
2.4.1 Describe your delivery and transport capacity, including your ability to deliver to more than 200
sites geographically dispersed across Maricopa County and in what time frame (given a 30
minute off-loading window at each site), the quantity, size, arid types of delivery vehicles
available within 2-12 hours and 24-48 hours of notification, the number of drivers available
within 2-12 hours and 24-48 hours of notification, refueling capabilities, and your ability or
capacity to off-load and place pallets at each delivery site;
2.4.2 Describe your ability and willingness to work with security partners (primarily MCSO) in route
planning for distribution operations and estimate the time that it would take you to develop
and execute routes based on delivery to 200 or more sites;
2.4.3 Briefly describe your experience planning routes;
2.4.4 Describe the processes you would use to obtain additional transportation assets and drivers;
2.4.5 Are drivers screened in any way such as background checks, please describe;
Page 19 of 34
CONTRACT #: 860-15-30B
2.4.6 Describe your experience with managing transportation and delivery of items requiring cold chain
management;
2.4.7 Confirm your transportation/distribution operations are available and describe sustainability 24/7
for those operations if requested by MCDPH;
2.4.8 Identify other governmental or non-governmental emergency response contracts or obligations
you currently hold;
2.4.9 Describe your willingness, ability, and capability to shut down all or parts of your
transportation/distribution operations to support the MCDPH mission if requested to do so;
2.4.10 Describe the availability of your staff, by position title, to participate in meetings, trainings,
and exercises relating to transportation/distribution operations in 1, 2, 4, and 8 hour blocks, all
of which will be coordinated and scheduled well in advance;
2.4.11 Describe the availability of your facilities and equipment to participate in exercises in 2, 4,
and 8 hour blocks; and
2.4.12 Identify any previous transportation/distribution experience with Strategic National Stockpile
(SNS) material, emergency preparedness training, or any related experience you feel is
relevant.
Contractor's Response to Proposal:
RECEIVING & WAREHOUSING
2.1 When activated, the Contractor will be required to receive into their warehouse(s) quantities of
material including, but not limited to, personal protective equipment, hospital supplies, ventilators,
donated goods, pharmaceuticals, and items requiring special handling including controlled substances
and items requiring cold chain management such as vaccines. Deliveries may be received in single-
item or mixed pallets, cases and boxes, or not packaged at all.
Dircks is well equipped to receive the goods described above in any unit of measure required.
2.1.1 Describe your warehouse capacity and identify your maximum available personnel, by
position. How much square footage is there total (please identify rack and open floor
space square footage) and how much of it could be made available to support MCDPH
during an event. What is the maximum number of personnel you have access to for
receiving and warehouse operations;
Our facility is 110,000 square feet, with 100,000 of that is warehouse. We have over 3500 pallet
positions in our racks, have over 1200 storage vaults, over 30,000 square feet of floor space on the
dock We have —2100 square feet of air conditioned warehouse space. We can easily dedicate up
to 35,000 square feet to the County during and event or mission.
We have a dedicated staff of six warehouse associates, one warehouse supervisor, one General
Manager, one VP of Operations, three customer service associates that are involved in the daily
warehouse transactions of receiving and stock keeping of the goods in our care. Additionally, we
have a pool of 50+ crew members that can be utilized in the warehouse if needed.
2.1.2 What is the average daily square footage of storage space available in your facility(s);
This number fluctuates throughout the year, but we generally have between 20,000 and 30,000
square feet of storage unoccupied and available for immediate use.
2.1.3 Identify the number, location, and business hours of your available warehouse(s). Complete
Attachment D for each warehouse;
We are located at 4340 W Mohave St. Phoenix, AZ 85043. Typical business hours are Monday
through Friday 7am to 5pm, Saturday from 7am to noon.
2.1.4 Identify the size, type, and number of docks available at each location;
The facility has 13 dock doors on the east side of the building; 11 of which have mechanical
levelers.
2.1.5 Describe your access, in both capacity and time, to additional equipment and supplies such as
forklifts, pallet jacks, fuel, etc. from a regional or national partner or existing accounts or
contracts;
Page 20 of 34
CONTRACT #: 860-15-30B
We have established contracts and relationships with vendors to acquire additional material
handling equipment within 24 hours or less.
2.1.6 Identify how much of your warehouse, equipment, and personnel you could have dedicated to
MCDPH within the following:
— Two hours of notification;
— Ten hours of notification; and
— 24 hours of notification.
Please develop a timeline indicating capacity levels for the above as it relates to:
Square footage of usable or open warehouse space;
— Quantities of equipment (forklifts, pallet jacks, dollies); and
— Warehouse personnel.
Dircks can provide at least 15,000 square feet of storage space within two or ten hours of notification,
up to 25,000 within 24 hours of notification. We can provide more as necessary. We can allocate
pallet jacks, 2 forklifts and other material handling equipment immediately upon notification. All
dedicated warehouse personnel can be allocated within two hours of notification.
2.1.7 Describe your existing warehouse security;
We have contracted ADT/ Tyco Security for burglar and fire alarms. Warehouse and truck yard can
only be accessed with a security badge. Badge management issued by our Human Resources and IT
departments. Badges for County personnel can be issued during an event or mission. Security
cameras monitor the warehouse, dock doors and truck yard 24/7. Video is retained for a minimum of
30 days on our servers.
2.1.8 Identify your capacity for short-term (less than 6 months) storage;
We can accommodate a minimum of 15,000 square feet of storage upon notification. We can provide
more as needed.
2.1.9 Identify the capacity and type(s) of cold storage available at your warehouse(s);
We have —2100 SF of secure, air-conditioned warehouse space. That area is equipped with dedicated
circuits to power commercial freezers and refrigerators as required.
2.1.10 Identify your capacity to store controlled substances in a locked room inside the facility with
limited and controlled access;
The air-conditioned warehouse space has controlled access — only personnel with the appropriate
permissions may enter. We can also create a secure cage within this area if required.
2.1.11 Confirm your warehousing operations are available and describe sustainability 2417 for those
operations if requested by MCDPH;
Our warehousing operation is available and is suitable for 24/7 operation if required. Our facility
includes ample restroom facilities, shower facility and kitchen to support personnel.
2.1.12 Identify other governmental or non-governmental emergency response contracts or
obligations you currently hold;
We are an approved vendor for moving household goods for the US Military.
2.1.13 Describe your willingness, ability, and capability to shut down all or parts of your
warehousing operations to support the MCDPH mission if requested to do so;
We are willing to support the MCDPH fully when requested and the event or mission is severe to
prompt that request.
2.1.14 Describe the availability of your staff, by position title, to participate in meetings, trainings,
and exercises relating to warehouse operations in 1, 2, 4, and 8 hour blocks, all of which will
be coordinated and scheduled well in advance; and
We can make our staff available for any and all necessary training to support the County in this
effort.
2.1.15 Identify any previous warehousing experience with Strategic National Stockpile (SNS)
material, emergency preparedness training, or any related experience you feel is relevant.
We are proud to have supported MCDPH from 2010-2015 in this capacity. Many on our staff have
participated in drills and prior events as part of our prior support.
Page 21 of 34
CONTRACT #: 86045-30B
2.2 The Contractor will be required to physically separate, maintain, and keep an inventory of all items by
product description, National Drug Code (NDC) or manufacturer's code, expiration date, and lot
number.
2.2.1 Describe your ability to unload and receive, physically separate, identify, and stock/store
material. Identify your experience and ability in handling items requiring a temperature
controlled environment, including cold chain handling and management;
We are able to receive, separate, identify and store goods as described in the RFP. We
handle goods daily that require temperature-controlled storage. Our WMS (Warehouse
Management System) can track lot codes or serial numbers if required, and can manage
distribution on First In, First Out, or First Expired, First Out methodology.
2.2.2 Describe your ability and experience in creating and maintaining a separate automated
inventory for material containing the following data elements:
2.2.2.1 Product Description;
2.2.2.2 Varying units of measure (case, box, multi-dose vials, and single manufacturer's
unit level reporting such as dose;
2.2.2.3 Quantities;
2.2.2.4 National Drug Code;
2.2.2.5 Lot Number;
2.2.2.6 Storage Location;
2.2.2.7 Expiration Date;
2.2.2.8 Order Requests by Site (name or address); or
2.2.2.9 Confirmed delivery/receipt by site (name or address).
Note: Please identify which of the above data elements an automated inventory listing can
be sorted on.
Our WMS can capture all of the data described in section 2.2.2. We can create reports
from the database that can be sorted by each category listed.
2.2.3 In general terms, describe your automated system(s) for inventory management and its
capabilities;
We use Windfall as our WMS. It manages inventory by receipt, storage location, out
bound order. It is very flexible in collecting data by each item. We can define headers to
use, and determine which headers are required to collect upon receipt. The WMS is used
on the warehouse floor with handheld scanners and [Pads. We can also create web
interfaces for the County to use which will show inventory in real time, allow the
placement of orders, and run reports.
2.2.4 Describe your automated systems capability of importing and exporting inventory data (can
the system import and export Comma Separated Value [CSV1 files);
Our WMS can accept .esv files as well as other formats. All reports can be exported in
several ways, including .esv.
2.2.5 Describe your ability and experience in creating and maintaining inventory in a non-
automated environment;
Page 22 of 34
CONTRACT #: 860-15-30B
While we prefer to use our WMS whenever possible, we can manage inventory and
orders outside of our WMS as needed. Each year we manage the warehousing and
distribution of millions of boxes of Girl Scout Cookies outside of our WMS system.
2.2.6 Discuss or acknowledge your willingness to train and utilize a web-based inventory system if
it is deemed your existing system(s) cannot meet the inventory and documentation
requirements of MCDPH; and
We are willing to train on any system that is necessary to support the County.
2.2.7 Describe your ability and formats available to send information regarding receipt, inventory,
or request(s) to an off-site location such as the MCDPH Incident Command Center. If an
inventory report is requested by MCDPH, how long and in what sorts and formats can reports
be provided?
We can make reports available on a web portal that we can provide. We can generate
queries from our database and email, fax or send via courier on demand. Common
reports are inventory reports, receiving reports, outbound order reports. We can query
the database on any field that is captured in our system.
2.3 MCDPH may request the Contractor provide access to a web-based inventory, order, and
delivery confirmation system.
2.3.1 Describe the web-based ordering system that is currently utilized in your warehouse
operations to input order requests;
We can provide a web portal that updates hourly that provides inventory levels, order
placement, and reporting capabilities.
2.3.2 Describe the process by which MCDPH would input order requests and what
documentation the system generates in terms of picking tickets, delivery orders, etc.;
Orders can be entered on the web portal. Once entered, we process in our WMS,
generate pick tickets and packing lists. Goods required are allocated to those orders.
When the order has been shipped, our WMS is updated. If order is shipped on our
trucks, our WMS will reflect delivery once it has been made.
2.3.3 Describe your process for pick-list generation and routing. Please include time frames
for pulling orders and having them available for loading on delivery vehicles;
As described above, when we process orders in our WMS, we generate pick tickets and
packing lists for each order. Orders can be printed within minutes of the order being
placed if required. Physical order assembly can be completed within minutes of the pick
ticket being generated, depending on the size and complexity of the order.
DISTRIBUTION & TRANSPORT
2.4 When activated, the contractor will be required to pick up, and/or load, and deliver supplies or
equipment. This could range from small distribution and transport missions between a few facilities to
mass distribution and transport missions involving more than 200 sites geographically dispersed
across Maricopa County and/or the state of Arizona. Missions may also occur repeatedly over a given
period of time and involve large quantities of material including, but not limited to, personal protective
equipment, hospital supplies, ventilators, donated goods, pharmaceuticals, and items requiring cold
chain handling, such as vaccines.
2.4.1 Describe your delivery and transport capacity, including your ability to deliver to more than 200
sites geographically dispersed across Maxicopa County and in what time frame (given a 30
minute off-loading window at each site), the quantity, size, and types of delivery vehicles
available within 2-12 hours and 24-48 hours of notification, the number of drivers available
within 2-12 hours and 24-48 hours of notification, refueling capabilities, and your ability or
capacity to off-load and place pallets at each delivery site;
Page 23 of 34
CONTRACT th 860-15-30B
We have 12 bobtail (straight) trucks and 8 tractor- trailers in our fleet. We have 20
drivers on our staff. Our fleet is equipped with lift gates to enable efficient deliveries to
locations without docks. We can equip each truck and driver with a pallet jack to easily
move goods. We have two full-time Dispatchers who plan routes and dispatch crews to
jobsites each day. We can dedicate at least 5 of our trucks and drivers within 12 hours,
and can dedicate up to 16 within 24-48 hours. We can dedicate more as the scope
dictates over time.
2.4.2 Describe your ability and willingness to work with security partners (primarily MCSO) in route
planning for distribution operations and estimate the time that it would take you to develop
and execute routes based on delivery to 200 or more sites;
We are willing to work with security partners to support this work. It is reasonable to
assume that we can execute routes to up to 200 sites in a day.
2.4.3 Briefly describe your experience planning routes;
We have two full time dispatchers who plan routes for our fleet each day. We have
additional support from other employees that can assist in planning and generating Bills
Of Lading for loads.
2.4.4 Describe the processes you would use to obtain additional transportation assets and drivers;
We have relationships and contracts with vendors to acquire leased trucks, as well as
licensed drivers that can add capacity to our fleet.
2.4.5 Are drivers screened in any way such as background cheeks, please describe;
Each driver is drug screened and background checked by Unigroup upon employment.
Drivers must be approved by Unigroup to enable them to handle household goods and
enter customer's residences. Each employee is subject to random drug screens during
their employment.
2.4.6 Describe your experience with managing transportation and delivery of items requiring cold chain
management;
Our fleet typically handles goods that can be subject to the ambient temperature of the
truck or trailer. Our fleet does not include refrigerated trailers. Refrigerator trailers can
be leased if required.
2.4.7 Confirm your transportation/distribution operations are available and describe sustainability 24/7
for those operations if requested by MCDPH;
Our fleet can be used 24/7 within the constraints of the laws regarding driver hours of
service.
2.4.8 Identify other governmental or non-governmental emergency response contracts or obligations
you currently hold;
N/A
2.4.9 Describe your willingness, ability, and capability to shut down all or parts of your
transportation/distribution operations to support the MCDPH mission if requested to do so;
We are willing to support the MCDPH fully when requested and the event or mission is
severe to prompt that request.
2.4.10 Describe the availability of your staff, by position title, to participate in meetings, trainings,
and exercises relating to transportation/distribution operations in 1, 2, 4, and 8 hour blocks, all
of which will be coordinated and scheduled well in advance;
Our entire staff can be available to participate in meetings, trainings and exercises as
required. This includes, but is not limited to, our General Manager, our VP of
Operations, Drivers, Dispatchers, Customer Service Associates, etc.
2.4.11 Describe the availability of your facilities and equipment to participate in exercises in 2, 4,
and 8 hour blocks; and
Our facility and equipment can participate in exercises as described and required.
2.4.12 Identify any previous transportation/distribution experience with Strategic National Stockpile
(SNS) material, emergency preparedness training, or any related experience you feel is
relevant.
Page 24 of 34
CONTRACT It: 860-15-3011
We are proud to have supported MCDPH from 2010-2015 in this capacity. Many on our
staff have participated in drills and prior events as part of our prior support.
Page 25 of 34
CONTRACT #: 860-15-30B
EXHIBIT C
CONTRACTOR ASSESSMENT
Facility Information
Facility Name: Dircks Moving and Logistics
Street Address: 4340W Mohave St
City: Phoenix Zip Code: 85043
Facility Contact Information (Business Hours)
Primary
Name: Tim Whalen
Work Phone: 602-269-5535
Cellular: 602-290-7103
Email: twhalen@dircks.com
Alternate
Name: Guy Reynolds
Work Phone:
Cellular:
Email:
Facility Emergency Contact information 24/7 (After Hours)
Primary
Name: Tim Whalen
Work Phone: 602-269-5535
Cellular: 602-290-7103
Email: twhalen@d ircks.corn
Alternate
Name:
Work Phone:
Cellular:
Email:
Facility Accessibility Information RrEs
Is there access to more than one major road or highway from the facility?
First Street Name: 43rd ave to 110
Second Street Name: 51st a-ve to 110
Briefly describe the primary and Turning off 43rd Ave, West on Mohave. Entrance to truck yard is on the
Page 26 of 34
CONTRACT #: 860-15-3013
secondary approach to the facility's main North side of Mohave and is the 2nd entrance into the yard. The exit is
entrance. separate and to the Southeast of the yard. Turning off 51st Ave, East on
Mohave. The entrance to the yard is on the North side of Mohave and is
the entrance immediately after the building. The exit is separate and to the
Southeast end of the yard.
Facility Accessibility Information (Continued) DEs
Can all approaches to the facility be blocked off if necessary? BES
Are roadways weel lit for night operations? lyrES
Is the facility accessible during adverse weather conditions? RfTS
If needed, could the facility activate within 2-4 hours if needed? lyrES
Can the facility operate 24-hours per day for extended periods?
Space/Building Information - General
What is the square footage allocated in
Warehouse is 100,000 square feet
the largest area?
How much additional space is available in
The truck yard is secure and may be utilized. Office area of 10,000
the facility?
square feet may be utilized. 2yEs LXJ
Does the facility use pallet racks?
EYES
Does the facility plan on using more than one floor for storage?
2yES
If yes, is there suitable forklifts or elevators to move materials between floors?
OES
Does the facility have hard surface floors?
Briefly describe the type of flooring: 6" thick, 4,000 PSI concrete
Is the facility clean and free from infestation by insects, rodents, birds or vermin, HITS awn
chemical and mechanical hazards, including petroleum products?
Is the facility currently operating as a functioning warehouse?
Space/Building Information - Interior
Are all exterior doors equipped with cylinder locks, deadbolts, or solid locks and high-
security hasps?
DIn
Are doors with windows equipped with double-cylinder locks or high-security padlocks?
Are windows that could be used for entry protected with secondary devices?
s
Are openings to the roof (doors, skylights, etc.) securely fastened or locked from the
inside? RYES
Is there an access control system plan in effect?
Are building entry devices (keys/cards) kept securely locked and issued on a strictly
controlled basis?
Who is responsible for the access control system?
Page 27 of 34
CONTRACT #: 860-15-30B
Name: Joshua Hughes / IT Administrator
Address: 4340 W Mohave St Phoenix AZ 85043
Telephone: 602-269-5527
Space/Building Information - Interior (Continued)
Does the facility have the capability to provide a locked area inside the building to store yrES
controlled substances?
If no, what would the back-up plan be for storing controlled substances?
Space/Building Information - Exterior RES
Does a security barrier limit or control vehicle or pedestrian access to the facility? DID
RES
Can the gates be locked (if applicable)? LA
Briefly describe the security barrier and its physical condition.
8' wrought iron fence surrounding loading/unloading area. In Good condition. ADT security.
Do landscape features provide potential places for intruders to hide? C310
Are there items such as bricks, stones, or wooden fences onsite that could be used as EYES RN°
weapons or tools by intruders?
IRPO
Is entry and exit from parking areas controlled by a guard?
DiA
Who provides the guard service for the parking area (24/7 point of contact)?
Point of Contact Name:
Primary Telephone Number:
Alternate Telephone Number:
ReEs
Are parking areas watched or monitored by CCTV?
Dts
Are frequent inspections made of parking area and vehicles not guarded or monitored DIA
through CCTV?
RES
Does a security fence protect the parking area?
Space/Building Information - Lighting EMS 1:3A3
Is there sufficient lighting of the building exterior? RYES DO
RYES Page gP 34
CONTRACT #: 860-15-30B
Is exterior lighting used during periods of low visibility and at night?
Are exterior light fixtures weather and tamper resistant?
Are exterior lights controlled automatically (or have the capability for auto control)?
ErE
Are exterior light control switches inaccessible to unauthorized persons?
RES EJO
Does the interior have sufficient lighting to perform work required and maintain a safe
workplace per OSHA standards? s IO
Is there emergency lighting?
Space/Building Information - Lighting (Continuec5Es
RPCI
Are interior lights key controlled? DIA
If controlled, who has access to the light switches (24/7)?
Name:
Telphone:
What is the backup plan for providing internal and external lighting if existing lighting systems fail?
Rent lighting from external vendors.
Space/Building Information - Communications
ErES CPO
Does the facility have a telephone system in place that is operational?
Diik (no telephone system)
If not operational, provide 24/7 contact information of individual or agency responsible
for activating the system and the time required to activate the system.
Name:
Address:
Telephone:
Time to Activate (Hours/Minutes):
Does the facility have a radio system onsite that is operational?
If not operational, provide 24/7 contact information of individual or agency responsible DM (no rado svstin-nj
for activating the system and the time required to activate the system.
Name:
Address:
Telephone:
Page 29 of 34
CONTRACT #: 860-15-3011
Time to Activate (Hours/Minutes):
Is there a public address system onsite that is operational?
If not operational, provide 24/7 contact information of individual or agency responsible [1a1A (no PA system)
for activating the system and the time required to activate the system.
Name:
Address:
Telephone:
Time to Activate (I-lours/Minutes):
Space/Building Information - Utilities
EYES EPO
Is there adequate power with backup to operate essential functions?
[ES
Heating and Cooling?
DES
Cold Storage?
EYES
Lighting? DES IO
Cornmunications?
DES ROO
Key Administrative Areas?
RYES
If the backup generator is offsite, can it be in place and operational in 2-4 hours to
commence operations? If offsite, provide the 24/7 contact information of individual or EVA [not ofbildroci gervorat
agency responsible for installing and making operational.
Name: Loftin (24-48 hours turnaround)
Address: 2122E Highland, Suite 255 Phoenix AZ 85016
Telephone: 602-272-7582
Are qualified individuals available to operate and monitor the backup generator(s)? RrEs Do
If the backup generator(s) is onsite, when was the last testing and use of the system? N/A
Space/Building Information - Receiving and Docking
RYES
Does the facility have loading docks?
How many loading docks are available?
RrEs
Are docks 48" to 52" high?
Rers
Are dock levelers or dock plates available?
RYES
How many dock levelers or plates are available? Type?
Quantity: 11
Type: mechanical
Page 30 of 34
CONTRACT #: 860-15-30B
What is the height and width (in inches) of the dock doors? 120" x 120"
Height Width
Is the floor in the receiving and staging area free of holes or other obstructions? RIS DIO
Can the driveway to the docks accommodate 53' trailers with 11' tractor and include REs
adequate turning radius?
Is there adequate space available for trucks to stage outside and proximate to the RES 11110
facility for inbound and outboud trucks?
D'ES
If loading dock(s) are not present, can the driveway accommodate a tractor trailer and
an area to off-load containers containing supplies? [IA (have dackA
RT• LW
Are mobile ramps and/or forklifts available to offload trailers?
RES DO
Do the loading docks and receiving area have adequate lighting?
Space/Building Information - Environmental Controls
Heating and Air Conditioning: does the facility offer temperature-controlled storage of
medications between 68°F to 77°F (20°C to 25°C)?
Note: a temperature maintained thermostatically that encompasses the usual customary workjing environment of 68°F to 77°F (20°C
to 25°C); that results in and allows for ranges between 59°F to 86°F (15°C to 30°C) that are experienced in pharmacies, hospitals, and
warehouses. Provided the temperature remains in the allowed range, transient spike up to 104°F (40°C) are permitted as long as
they do not exceed 24 hours.
Does the facility have functional and tested temperature monitoring/logging device or ErEs
service to monitor and record the temperature?
Does the facility have a functional and tested alarm and notification system to notify DeE Roo
personnel if the temperature exceeds 104°F (40°C) for more than 4 hours?
S ENI3
Is there a plan in place to provide repairs to environmental controls?
ERA
Briefly describe the emergency repair plan.
We have a contract with Donelly for HVAC repairs. (24 hour turnaround)
What is the backup plan to maintain controlled room temperature if the environmental control system
cannot be repaired within 24 Hours?
- _
We can utilize office _ area _ for storage inthe _ event of proldng-ed outage
Space/Building Information - Storage/Cold Storage
DIES
The cold storage capacity at this facility is (Cubic Feet)?
EVA (no cold slixage)
Page 31 of 34
CONTRACT #: 860-15-3013
Does the facility have refrigerated and frozen storage areas for biological agents such as vaccines?
EMS IAD
Refrigerated:
D'Es Rtio
Frozen:
EYES DOD
Can the refrigerated storage area maintain a controlled temperature between 35°F and ROA (no refrigeraiedaDfi3
46°F (2°C and 8°C)?
D'ES 0/40
Can the frozen storage area maintain a controlled temperature of 5°F to -13°F (-15°C
RIA (no frozen gloragej
and -25°C)?
EYES la4D
Are calibrated thermometers, with certificates of traceability and certifcation, used to
monitor the refrigerated and freezer storage areas at least twice a day? EVA (no refrigeratEd or Fri'
DES R40
Is there a functional and tested alarm and notification system to alert personnel if
storage temperatures deviate outside of the specified storage temperatures?
Space/Building Information - Storage/Cold Storage (Continued)
D'Es 1114:1
Are the power circuits for the refrigeration/freezer storage areas on back-up power? [IA (no refrigerated Cl fig
What is the contingency plan for providing cold storage for biological agents as required if the capability EIRA
does not exist at the facility?
Have dedicated circuits in the -2100 square foot AC room to accommodate commercial freezers and refrigerators to
hold vaccines or medication. Refrigerated vaccines have been stored in this manner in the past. The AC room is
restricted to management level via access card; however the system canbe modified to further limit access to this
room.
Space/Building Information - Staff Comfort Facilitie s
Does the facility have restrooms (male, female, unisex)?
Male
How many? Female
Unisex
If there are no restrooms, describe the facility's plan to provide them.
IRMS
Does the facility have showers (male, female, unisex)?
Male
How many? Female
Unisex
Page 32 of 34
CONTRACT #: 860-15-3011
Does the facility have rest areas? OES
Does the facility have vending machines? OES
Does the facility have eating and break areas? oJE
Does the facility have other equipment such as:
yrE s
Coffee Makers:
•yrE s
Refrigerators: yrE s
Ice Machines: s
Microwaves:
Space/Building Information - Fire/Safety
Does the facility have a fire plan in place?
Does the facility have a fire suppression system?
Sprinklers:
Fire Extenguishers:
Does the facility have a safety plan in place?
First Aid Kit: ErE s Doo
Automated External Defibrillator (AED): DE s [AD
Space/Building Information - Security
What is the distance to the nearest local law enforcement station? Miles:
What is the name and address of the nearest local law enforcement station?
Name: Phoenix Police
Address: 6180 Encanto Blvd Phoenix AZ 85035
What is the distance to the nearest fire station? Miles:
What is the name and address of the nearest fire station?
Name: Phoenix Emergency Services Institute
Address: 2430 South 22nd Ave Phoenix AZ 85009
What is the distance to the nearest hospital? Miles:
What is the name and address of the nearest hospital?
Name: Maryvale Hospital
Address: .5102W Campbell Ave Phoenix AZ 85031
Material Handling Equipment
Are forklifts available for use?
Number available for use onsite: 5
Page 33 of 34
CONTRACT #: 860-15-30B
Forklift Capacity: 3500#
Number available for use offsite: 3
Forklift Capacity: 3500#
Are there adequate fuel and/or battery resources available for the forklifts? S DAD
What is the backup plan if forklifts are not available for use?
Rent from vendor with 24 hour turnaround.
Are pallet jacks available for use?
Number available onsite:
Number available offsite: 10
What is the backup plan if pallet jacks are not available for use?
Rent from vendor with 24 hour turnaround.
Material Handling Equipment (Continued)
WrE S
Are empty pallets available for use?
Number available onsite:
Number available offsite: NA
What is the backup plan if empty pallets are not available onsite?
Purchase from vendor with 24-48 hour turnaround.
13E1
Are dollies and/or hand trucks available?
Number available onsite:
Number available offsite: 10
Are packing supplies available? (shrink wrap, box cutters, empty boxes, etc) EteE S
Page 34 of 34