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CONTRACT PURSUANT TO ROQ
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This Contract is entered into this day of , 20 by and between Maricopa County ("County"),
a political subdivision of the State of Arizona, and King Firearms and More, a Tennessee corporation ("Contractor")
for the purchase of MCSO Property.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years, beginning on the day of , 2015 and ending
the day of , 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 two (2) 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.
2.0 PAYMENTS:
2.1 All sales are for cash only. The successful bidder shall provide certified check or money order
payable to the Muicopa County Sheriff's Office in the amount totaling one half (112) of the
successful bid. The balance of the bid amount plus shipping cost (if applicable) shall be payable
upon receipt of weapons from MCSO. Checks shall reference this contract number and be mailed
to MCSO Accounts Receivable 550 West Jackson Street, Phoenix, AZ 85003.
3.0 DUTIES:
3.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing
by the Procurement Officer.
4.0 TERMS and CONDITIONS:
4.1 INDEMNIFICATION:
4.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the Contractor's performance of this
Contract. Contractor's duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
or mistakes in the performance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
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4.1.2 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.
4.2 INSURANCE:
4.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein
stipulated minimumt insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
4.2.2 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.
4.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
4.2.4 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.
4.2.5 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.
4,2.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates, County shall not be
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from, or be deemed a waiver of County's right to insist on strict fulfillment of
Contractor's obligations under this Contract.
4.2.7 The insurance policies required by this Contract, except Workers' Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees as
Additional Insured's.
4.2.8 The policies required hereunder, except Workers' Compensation shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of Contractor's
work or service.
4.2.9 The Contractor's policies shall stipulate that the insurance afforded the Contractor shall
be primary insurance and that any insurance carried by the Department, its agents,
officials, employees or the State of Arizona shall be excess and not contributory
insurance, as provided by A.R.S. § 41-621 (E).
4.2.10 Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Contract.
4.2.11 Commercial General Liability:
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Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad fonn property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property damage.
4.2.12 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Contractor's
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor's work or services under this Contract.
4.2.13 Workers' Compensation:
4.2.13.1 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.
4.2.13.2 Contractor waives all rights against County 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
pursuant to this Contract.
4.2.14 Certificates of Insurance.
4.2.14.1 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 (see Exhibit 2), issued
by Contractor's insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title.
4.2.14.2 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.
4.2.14.3 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.
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4.2.15 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.
4.3 WARRANTIES:
The Contractor specifically acknowledges that Maricopa County has not made and does not
hereby make any representation of warranty, express or implied, as to any matter with respect to
the firearms offered under this contract, including without limitation, the condition of the firearms,
the merchantability or the firearms fitness for any particular purpose, and that firearms are offered
as is.
4.4 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.5 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole
or in part if the Contractor fails to:
4.5.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
4.5.2 Make progress, so as to endanger performance of this contract; or
4.5.3 Perform any of the other provisions of this contract.
4.5.4 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.
4.6 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.
4.7 CONTRACTOR LICENSE REQUIREMENT:
4.7.1 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.
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4.7.2 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.
4.8 SUBCONTRACTING:
4.8.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of theE terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
4.9 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
4.10 ADDITIONS/DELETIONS OF SERVICE:
4.10.1 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.
4.10.2 . Upon request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of the
County within two business days, unless previously approved by the County.
4.11 STRICT COMPLIANCE:
Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the Contract.
4.12 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
4.13 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.
4.14 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.
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4.15 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/uploadlE0 2009 09.pdf 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 or any other individual in any way
because of that person"s age, race, creed, color, religion, sex, disability or national origin.
4.16 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.16.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
4.16.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department, State Agency, or local government agency;
4.16.1.2 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, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
4.16.1.3 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
4.16.1.4 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.
4.16.2 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.
4.17 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
4.17.1 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 (1-9) 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 .
4.17.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.17
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
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specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
4.18 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:
4.18.1 A Person offeringE or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
4.18.2 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.
4.19 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.19.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
4.19.2 If the Contractor's books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
4.19.3 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 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.
4.20 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.
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4.21 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
4.22 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information, by the Office of
Procurement Services. If an Offeror believes that information in its Offer or any resulting
Contract should not be released in response to a public record request under Arizona law, the
Offeror shall indicate the specific information deemed confidential or proprietary and submit a
statement with its offer detailing the reasons that the information should not be disclosed. Such
reasons shall include the specific harm or prejudice which may arise from disclosure. The
Records Manager of the Office of Procurement Services shall determine whether the identified
information is confidential pursuant to the Maricopa County Procurement Code.
4.23 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, propOsals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
4.24 INDEPENDENT CONTRACTOR:
4.24.1 Contractor's relationship to the County shall be as an independent contractor and not as
an employee.
4.24.2 This Contract does not constitute, create, give rise to or otherwise recognize a joint
venture, partnership, or employment relationship. The rights and obligations of the
Parties shall be only those expressly set forth in the Contract.
4.24.3 No persons supplied by Contractor in the performance of obligations under the Contract
are considered to be County employees, and no rights of County civil service, retirement
or personnel rules accrue to such persons. Contractor shall have complete responsibility
for all salaries, wages, bonuses, retirement withholdings, workmen's compensation, other
employee benefits and all taxes and premiums relating to such persons, and shall save
and hold the County harmless with respect to those responsibilities in the event of a claim
for one or more of them is brought against Maricopa County.
4.25 FURTHER ASSURANCES AND CORRECTIVE INSTRUMENTS:
The Parties will, from time, to time, execute, acknowledge and deliver, or cause to be executed,
acknowledged and delivered, any corrective instruments as may be reasonably necessary to cany
out the intent of the Contract.
4.26 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
4.27 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.
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4.28 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
4.28.1 Exhibit A, Pricing;
4.28.2 Exhibit B, Scope of Work;
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:
King Firearms and More
Attn: John King, President •
505 North Garden Street
Columbia, TN 38401
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IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
AUTHORI D SIGNATURE
—7.5.01,..\ G.
PRINTED NAME AND TI
*E-05- )+J
(TTNi)
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
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EXHIBIT A, PRICING
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NIGP CODE: 68052
RESPONDENT'S
NAME: King Firearms and More
COUNTY VENDOR NUMBER: 2011006202
ADDRESS: 505 North Garden Street
Columbia, TN 38401
P.O. ADDRESS: Same
TELEPHONE
NUMBER: 931-548-2255
FACSIMILE NUMBER: 931-548-2256
WEB SITE: www.kingfirearmsandmore.com
CONTACT (REPRESENTATIVE): John King
REPRESENTATIVE'S E-MAIL ADDRESS: johnPkinqfirearmsandmore.corn
YES NO
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS
CONTRACT
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD:
(Payment shall be made within 48 hours of utilizing the Purchasing Card)
PAYMENT TERMS
[X] NET 30 DAYS
1.0 PRICING:
Gun Lot 1 $120,193.00
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EXHIBIT B, SCOPE OF WORK
1.0 INTENT:
The intent of this Review of Qualifications is to establish a list of qualified buyers for the sale of weapons
either seized by or surrendered to Maricopa County Sheriff's Office pursuant to A.R.S. § 12-945.B. Once
the list of qualified buyers is established, the buyers will be invited to provide sealed bids on lots of
weapons created by MCSO from its inventory.
The County reserves the right to add additional contractors to the qualified buyers list, at the County's sole
discretion, in cases where the currently listed contractors are of an insufficient number to satisfy the
County's needs.
2.0 DEFINITIONS
Eligible Firearm: Any lawful firearm in the custody of MCSO which may be lawfully disposed of
pursuant to federal law, Arizona Revised Statutes, the policies of MCSO, or a
lawful court order.
Eligible Firearms Vendor: A federally licensed firearms dealer who meets the qualifications of
this solicitation.
Firearm: Any handgun, pistol, revolver, rifle, shotgun, or any weapon that may expel a
projectile by the action of expanding gases.
Ineligible Firearms: Firearms deemed unsuitable, with the exception that Class 3 Firearms may be
authorized for trade with written approval of the Chief Deputy and correct
United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
forms. Firearms seized under RICO statutes are prohibited from participation.
Weapons prohibited by Arizona statute are deemed ineligible. In addition, low
value, poorly maintained firearms may also be declared ineligible. Weapons
used in the commission of certain felonies may be determined ineligible.
National Integrated Ballistic Information Network (NIBIN): Automated ballistic imaging
technology administered by the ATF, and Firearms for NIBIN Partners that have
entered into a formal agreement with ATF to enter ballistic information into the
NIB1N database.
TRAQ: The electronic property and evidence tracking system of the Maricopa County
Sheriff's Office; warehouse management system.
3.0 SCOPE OF WORK:
3.1 AUTHORIZATION FOR SALE:
A.R.S. § 12-945.B
Sale ofproperty
A. If after thirty days' notice has been given, the owner or person entitled to the property has not
taken it away, the property may be sold. The proceeds shall be paid to the general. fund of the
jurisdiction from which the unclaimed property was received,
B. Notwithstanding subsection A of this section, if the property is afireartn, the agency shall sell
the firearm to any business that is authorized to receive and dispose of the firearm under
federal and state law and that shall sell the firearm to the public according to federal and
state law; unless the firearm is otherwise prohibited from being sold under federal and state
law. A law enforcement agency may trade a firearm that it has retained to a federal firearms
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licensed business for aMmunition, weapons, equipment; or other materials to be exclusively
used for law enforcement purposes.
NOTE: The MCSO has determined to sell the firearms in Exhibit x and will not entertain
offers to trade the firearms in Exhibit x for law enforcement equipment.
3.2 ELIGIBLE FIREARM PROCESSING:
3.2.1 All firearms shall be checked through the National Crime Information Center (NC1C) fly
MCSO Staff
3.2.1.1 MCSO shall complete an NCIC check and note the results in the electronic
property and evidence tracking system (IRAQ), or on the original Property
Impound Form.
3.2.1.2 Original Property Impound Forms shall be preserved in the Property and
Evidence: Division in accordance with the State of Arizona Records Retention
Schedule; :
3.2.2 All firearms shall be traced through the United States Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF).
3.2.2.1 MCSO staff shall ensure an ATF firearm trace has been completed and note the
results if available from the ATF in TRAQ, or on the original Property Impound
Form.
3.2.2.2 The original Property Impound Form shall be preserved in the Property and
Evidence Division in accordance with the State of Arizona Records Retention
Schedule. : :
3.2.3 All firearms shall be digitally photographed and cataloged in IRAQ.
3.2.3.1 IRAQ shall record confirmation/results of the NCIC check and ATF trace.
3.2.3.2 TRAQ will record the NIBIN database entry.
3.2.3.3 The information entered in TRAQ shall be periodically backed up and retained
in accordance with the State of Arizona Records Retention Schedule.
3.2.4 All firearms will be processed for entry into the NIBIN database.
3.2.4.1 Firearms shall be test fired and entered into the NIBIN database by trained
Sheriff's Staff prior to being eligible for sale.
3.2.4.1.1Firearms that appear in obvious poor condition shall be placed in
destruction for disposal through the ATF guidelines.
3.2.4.1.1.1 A firearm deemed unsafe shall be designated as ineligible
and destroyed.
3.2.4.12The chain of custody for each firearm shall be recorded in TRAQ, or on
the original Property Impound Form until the firearm is no longer in the
custody of MCSO.
3.2.4.2 The bullet casing and projectile will be collected and recorded according to
NIBIN protocol, for entry, later correlation, and examination if needed.
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3.3 DISPOSITION OF INELIGIBLE FIREARMS:
Weapons determined by MCSO Firearms Unit to be useable for law enforcement may be lawfully
diverted into the MCSO firearms inventory and will not be listed on any lots for sale contemplated
by this Contract.
3.3.1 Weapons determined ineligible for sale or law enforcement use shall be destroyed in
accordance with A.R.S. § 17-240.
3.3.2 Destroyed weapons will be recorded in TRAQ
3.3.3 The notation that a weapon was destroyed shall not be purged from TRAQ.
3.3.4 All other records of destroyed weapons shall be retained in accordance with the State of
Arizona Records Retention Schedule.
3.4 TERMS OF SALE:
3.4.1 MCSO has identified an initial lot of one thousand (1,000) handguns and long guns
detailed in Exhibit 6, Initial Lot.
3.4.2 Multiple lots of weapons shall be offered for sale to the qualified Buyer's list when they
have been thoroughly processed by MCSO. All weapons shall be sold in lots containing
up to one thousand (1,000) weapons.
3.4.3 The Initial Lot is offered in its entirety only and will not be broken into smaller lots for
sale.
3.4.4 Freight terms are FOB MCSO Dock, Pre-Paid and Add. MCSO will package and
palletize the sold weapons and make items ready for shipment or pickup by the successful
Buyer.
3.4.5 All sales are for cash only. The successful bidder shall provide MCSO a certified check
or money order in the amount totaling one half (1/2) of the successful bid within ten (10)
business days of 'bid closing. The balance of the bid amount plus shipping cost (if
applicable) shall be payable upon receipt of weapons from MCSO. Checks shall be
mailed to MCSO Accounts Receivable 550 West Jackson Street, Phoenix, AZ 85003.
Failure to comply with the payment requirements will result in forfeiture of award and
removal from the qualified buyers list.
3.5 OFFER(S) FOR SALE:
With the exception of the 'initial lot of weapons being offered for sale in this Solicitation, the
following procedure shall apply.
3.5.1 When such time that MCSO has processed, in its determination, an appropriate number
of weapons to offer as a lot for sale, MCSO shall notify the Buyer's designated
representative of the following;
3.5.1.1 A description of the date and time for weapon inspections
3.5.1.2 A roster of weapons assigned to the specific lot
3.5.1.2.1The roster shall contain the make, firearm category, caliber and serial
number of the weapons.
3.5.1.2.2Photographs of the weapons shall not be included with the roster.
3.5.1.3 A description of the date, time and location that the offer is to be made.
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3.5.2 All bids shall remain sealed until after the designated date and time of the bid opening.
3.5.3 MCSO shall open the bids and make available to the public the all received bidders'
names and bid amounts.
3.5.4 The winning bid shall be determined by highest total value offered for the specific lot of
weapons.
3.6 BUYER REQUIREMENTS:
Only federally licensed firearms vendors in good standing with the ATF may participate in this
solicitation and any subsequent offers for sale.
3.6.1 Buyers shall meet and maintain the following qualifications in order to be considered for
award.
3.6.1.1 Buyers shall provide a copy of their current Federal Firearms License with their
bid submittal.
3.6.1.2 Buyers are required to provide proof of good standing with the ATF for an
unbroken ien (10) year period preceding the issue date of the solicitation.
3.6.1.2.1A letter of good standing from the ATF, or ATF inspection reports and
their findings will serve as proof of good standing; the letter must
address the entire unbroken ten-year period, or all inspection reports
and findings for the required period must be provided.
3.6.1.3 Buyers shall provide six separate letters of recommendation from law
enforcement agencies each attesting to the vendor's excellent and professional
customer service. Letters of Recommendation shall include names and contact
information for contact by the Maricopa County Sheriff's Office.
3.6.1.4 Buyers shall demonstrate an electronic accounting process by which they shall
track all sold weapons.
3.6.1.5 Buyers are required to provide the Sheriff's Office with the name and contact
information of their designated point of contact.
3.6.1.5.1 Buyers are solely responsible for notifying the Property and Evidence
Commander of any change in information submitted above and any
change in their designated point of contact.
3.7 INSPECTION OF WEAPONS' RECORDS:
3.7.1 Upon demand, Buyer shall provide to MCSO access to all ATF reporting documentation
for weapons sold under this solicitation. Electronic copies of the documentation may be
accepted by MCSO. In the event of any inconsistency or non-compliance with ATF
regulations, the Buyer shall be immediately removed from the Contract.
4.0 PROCUREMENT REQUIREMENTS:
4.1 INDEPENDENT CONTRACTOR:
4.1.1 Buyer's relationship to the County shall be as an independent contractor and not as an
employee.
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4.1.2 This Contract does not constitute, create, give rise to or otherwise recognize a joint
venture, partnership, or employment relationship. The rights and obligations of the
Parties shall be only those expressly set forth in the Contract.
4.2 No persons supplied by Buyer in the performance of obligations under the Contract are considered
to be County employees, and no rights of County civil service, retirement or personnel rules
accrue to such persons. Buyer shall have complete responsibility for all salaries, wages, bonuses,
retirement withholdings, workmen's compensation, other employee benefits and all taxes and
premiums relating to such persons, and shall save and hold the County harmless with respect to
those responsibilities in the event of a claim for one or more of them is brought against Maricopa
County
4.3 Background Check:
Bidders/proposers need to 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 responsible to do business with the County. This applies to (but is not limited to)
the company, sub-contractors and employees. Failure to pass the background check shall result in
the buyer being determined non-responsible and ineligible for award.