260006-CONTRACT-HD SUPPLY FACILITIES MAINTENANCE LTD.PDF
Extracted text (via pymupdf)
131425 characters
CONTRACT MAINTENANCE, REPAIR, OPERATING
SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED
PRODUCTS AND SERVICES 260006-RFP
As a result of Request for Proposal #260006-RFP for Maintenance, Repair, Operating Supplies, Industrial
Supplies, and Related Products and Services, this contract (“contract” or “agreement”) is entered into this
11th day of February 2026 by and between Maricopa County (“County”), a political subdivision of the State
of Arizona, and HD Supply Facilities Maintenance, Ltd. a Florida limited partnership (“Contractor”) for the
purchase of maintenance, repair, operating (MRO) supplies, industrial supplies, and related products and
services. The attachments, appendices, addendums, any exhibits and schedules, including but not limited
to the County’s Request for Proposal #260006-RFP, and Contractor’s response, hereto are an integral part
of this contract.
1.0
CONTRACT TERM
This contract is for a term of five years, beginning on the 11th of February 2026 and ending the 31st
of January 2031. The anticipated full term of this contract with the option to renew is ten (10) years.
The Contractor shall have the right to enter local “service” agreements with Participating Public
Agencies accessing this contract through OMNIA Partners, so long as the effective date of such
local agreements are prior to the expiration of this contract. All local agreements may have a full
potential term (any combination of initial and renewal periods) not to exceed ten (10) years.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of five additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis for a maximum of six months after expiration). The Contractor
shall be notified in writing by the Office of Procurement Services of the County’s intention to renew
the contract term at least 60 calendar days prior to the expiration of the original contract term or
any additional term thereafter.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to the
current contract expiration. Requests for adjustment in cost of labor and/or materials must be
supported by appropriate documentation. The reasonableness of the request will be determined by
comparing the request with the Consumer Price Index or by performing a market survey. If County
agrees to the adjusted price terms, County shall issue written approval of the change and provide
$# % !
SERIAL# 260006-RFP
an updated version of the contract. The new change shall not be in effect until the date stipulated
on the updated version of the contract.
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the prices based on the discounts stated in Exhibit A – Vendor Information and
Pricing.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
5.3
INVOICES
5.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a minimum,
the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of shipment
•
Quantity
•
Contract item number(s)
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Freight (if applicable)
•
Total amount due
5.3.2
Maricopa County Facilities Management invoices are required to contain the
following information:
•
Company name, address and contact
•
County bill-to name and contact information
•
Building Name and Building Number
•
Contract Serial Number or
•
County purchase order number
•
Maximo (FMD) service call number
•
Invoice number and date
•
Date of service or delivery
•
Description of Purchase (services performed)
•
Pricing per unit of purchase
•
Extended price
•
Total Amount Due
5.3.3
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.3.4
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After Contract Award the Contractor shall complete the
Vendor Registration Form located on the County Department of Finance Vendor
Registration Web Site (https://www.maricopa.gov/5169/Vendor-Information).
$# % !
SERIAL# 260006-RFP
5.3.5
EFT payments to the routing and account numbers designated by the Contractor
shall 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.
5.4
PAYMENT RETENTION (IF REQUIRED BY PROJECT AND AGREED TO BY
CONTRACTOR)
5.4.1
Ten percent of monies paid for project management and project labor earned by
Contractor related to work under this contract shall be retained by County until final
completion of the services herein described in Exhibit B - Scope of Work. County
may elect to release specific retention payments based on mutually agreed
milestones, but in no case shall retention be released prior to final completion. All
other payment terms and conditions shall not be affected by the retention. In the
event of termination or cancellation of this contract by County through no fault of
Contractor, Contractor shall be entitled to the refund of any funds in the retention
account.
5.4.2
The Contractor shall have the right, pursuant to Arizona Revised Statutes (A.R.S.),
to submit securities in lieu of retention for all work completed. The Contractor is
required to request this option at least 10 business days prior to submission of first
application for payment to allow time for preparation of forms. The Contractor shall
request and obtain securities forms through County. The County must identify
either securities option or retention option prior to first application for payment.
5.5
APPLICABLE TAXES
5.5.1
It is the responsibility of the Contractor to determine any and all applicable taxes.
Taxes to be calculated and applied at the time of invoicing, in accordance with
applicable laws. The legal liability to remit the tax is on the entity conducting
business in Arizona. Tax is not a determining factor in contract award.
5.5.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
5.5.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall 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 workers’ compensation. Contractor may be required to
establish, to the satisfaction of County, that any and all fees and taxes due to
municipality or the State of Arizona for any license or transaction privilege taxes,
use taxes, or similar excise taxes are currently paid (except for matters under legal
protest).
5.6
TAX (SERVICES)
$# % !
SERIAL# 260006-RFP
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the
Contractor to determine any and all applicable taxes and include the cost in the proposal
price.
5.7
TAX (COMMODITIES)
Tax shall not be invoiced against Contractor’s labor. Sales/use tax will be determined by
County. Tax will not be used in determining low price.
6.0
AVAILABILITY OF FUNDS
6.1
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.
6.2
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 30 days in advance.
7.0
STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE 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 contractor does not want to grant such access to a member of
SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will
assume that contractor does wish to grant access to any contract that may result from this bid. The
County assumes no responsibility for any purchases by using entities.
8.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA or are
a member registered with OMNIA and may utilize this contract if it meets their individual
requirements. Other governmental agencies may enter into a separate Statement of Work with the
Contractor to meet their own requirements. The County is not a party to any uses of this contract
by other governmental entities.
9.0
VOLUNTARY EMPLOYEE DISCOUNTS
9.1
Contractors may voluntarily offer discounts to County employees for products or services
provided under this contract. Whether a Contractor offers or does not offer an employee
discount is not a factor considered in the evaluation of responses to this solicitation.
9.2
Any discount offered is part of a commercial transaction between the Contractor and
individual County employees and the County is not a party to the transaction. Any disputes
or issues arising from an individual commercial transaction between the Contractor and an
$# % !
SERIAL# 260006-RFP
individual County employee is a matter between the Contractor and the employee. If a
discount is offered, the terms will be announced to County employees.
10.0
DUTIES
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
11.0
TERMS AND CONDITIONS
11.1
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
representatives, officers, directors, officials, and employees from and against actual and
direct claims, damages, losses, and expenses (including, but not limited to reasonable
attorneys' fees, court costs, expert witness fees, and the costs and reasonable attorneys'
fees for appellate proceedings) to the extent arising out of, or alleged to have resulted from,
the negligent acts, errors, omissions, or willful misconduct relating to the Contractor’s
performance of this contract.
11.1.1 Contractor's duty to defend, indemnify, and hold harmless the County, its
representatives, officers, directors, officials, and employees shall arise in
connection with any actual and direct claim, damage, loss, or expense that is
attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or
destruction of tangible property, including loss of use resulting therefrom, to the
extent caused by negligent acts, errors, omissions, or willful misconduct in the
performance of this contract, but only to the extent caused by the negligent acts or
omissions of the contractor, a subcontractor, anyone directly employed by them,
or anyone for whose acts they may be liable, except to the extent such claim,
damage, loss, or expense is caused in part by a party indemnified hereunder.
11.1.2 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 section.
11.1.3 The scope of this indemnification does not extend to the negligence of County.
11.2
INSURANCE
11.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category 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.
11.2.2 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 completed
and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this contract.
11.2.3 Intentionally omitted.
11.2.4 Contractor’s insurance shall be primary insurance as respects County, and
insurance or self-insurance maintained by County shall not contribute to it.
$# % !
SERIAL# 260006-RFP
11.2.5 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.
11.2.6 The insurance policies may provide coverage that contains self-insured retentions.
Such 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 self-insured retention and County, at its option, may require Contractor to
secure payment of self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
11.2.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall include County, its representatives, officers,
directors, officials, and employees as additional insureds, by blanket or scheduled
endorsement, except where representative is a third-party contractor or
subcontractor retained by the County.
11.2.8 The applicable policies required hereunder, except Workers’ Compensation and
Errors and Omissions, shall contain a waiver of transfer of rights of recovery
(subrogation) against County, its representatives, officers, directors, officials, and
employees for any claims caused, in whole or in part, by, Contractor’s work or
service, except where such representative is a third-party contractor or
subcontractor retained by the County.
11.2.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
11.2.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $1,000,000
for each occurrence, $2,000,000 Products/Completed Operations
Aggregate, and $2,000,000 General Aggregate Limit. The applicable
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 caused, in whole or in part, by, explosion,
collapse, or underground property damage.
11.2.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the Contractor’s work or services or use or maintenance
of the premises under this contract.
11.2.9.3 Workers’ Compensation
11.2.9.3.1 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
$# % !
SERIAL# 260006-RFP
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.
11.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the workers’
compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
11.2.10 Certificates of Insurance
11.2.10.1 Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of Insurance, or formal endorsements as
required by the contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that applicable 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.
11.2.10.2 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.
11.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
11.2.10.4 Certificates of Insurance shall identify Maricopa County as the certificate
holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
11.2.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall provide prior written notice of
cancellation to Maricopa County based on state guidelines. Such notice shall be
sent directly to Maricopa County Office of Procurement Services and shall be
mailed, or hand delivered to 301 W. Jefferson, Suite 700, Phoenix, AZ 85003, or
emailed to the procurement officer noted in the solicitation.
11.3
BOND REQUIREMENT (IF REQUIRED BY PROJECT AND AGREED TO BY
CONTRACTOR)
11.3.1 Concurrently with the submittal of the contract, the Contractor shall furnish the
County the following bonds, which shall become binding upon the award of the
contract to the Contractor.
11.3.1.1 A performance bond equal to the full contract amount ($______ or as
specified) conditioned upon the faithful performance of the contract in
accordance with plans, specifications, and conditions thereof. Such
$# % !
SERIAL# 260006-RFP
bond shall be solely for the protection of the contracting agency
awarding the contract.
11.3.1.2 A payment bond equal to the full contract amount ($______ or as
specified) solely for the protection of claimants supplying labor and
materials to the Contractor or his subcontractors in the prosecution of
the work provided for in such contract.
11.3.2 Each such bond shall include a provision allowing the prevailing party in a suit on
such bond to recover, as a part of his judgment, such reasonable attorney’s fees
as may be fixed by a judge of the court.
11.3.3 Each bond shall be executed by a surety company or companies holding a
certificate of authority to transact surety business in the State of Arizona issued by
the director of the Department of Insurance. The bonds shall not be executed by
an individual surety or sureties. The bonds shall be made payable and acceptable
to the contracting agency. The bonds shall be written or countersigned by an
authorized representative of the surety who is either a resident of the State of
Arizona or whose principal office is maintained in this state, as by law required,
and the bonds shall have attached thereto a certified copy of the power of attorney
of the signing official. In addition, said company or companies shall be rated “Best-
A” or better as required by the contracting agency, as currently listed in the most
recent Best Key Rating Guide, published by the AM Best Company.
11.4 FORCE MAJEURE
11.4.1 Except for payment obligations, 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 include, but are not limited to, 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, and interruption or failure of electricity or
telecommunication service, and pandemic.
11.4.2 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 commercially reasonable efforts to remedy the situation and remove, as soon
as practicable, the cause of its inability to perform or comply.
11.4.3 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.
11.5
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
11.6
PROCUREMENT CARD ORDERING CAPABILITY
$# % !
SERIAL# 260006-RFP
County may opt to use a procurement card (Visa or Master Card) at point of sale to make
payment for orders under this contract. Use of credit cards or other fee-bearing payment
methods to pay credit accounts may be subject to a surcharge, which shall not exceed 3%.
11.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
11.8
PURCHASE ORDERS
11.8.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance but before shipment. Should a purchase order be canceled,
the County agrees to reimburse the Contractor for actual and documentable costs
incurred by the Contractor in response to the purchase order. The County will not
reimburse the Contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, or for shipment of product prior to issuance of
purchase order.
11.8.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
11.9
BACKGROUND CHECK
Where and to the extent permitted by law, Respondent agrees and warrants that it will
conduct consistent and thorough background checks as a component of the Respondent’s
selection process that aids in the Respondent’s mission to hire the best candidate and
maintain a safe and secure environment for the Respondent’s associates and customers.
Adjudication guidelines are used to evaluate whether or not an individual is suitable for hire
based on the candidate’s particular background check results. All guidelines are subject to
change at any time due to federal, state and local laws, and business requirements.
11.10
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
11.11
STOP WORK ORDER
11.11.1 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 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
$# % !
SERIAL# 260006-RFP
11.11.1.1 cancel the stop work order; or
11.11.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
11.11.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, 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
11.12
TERMINATION FOR CONVENIENCE
Either party may terminate the resultant contract for convenience by providing 60 calendar
days advance written notice to the other party.
11.13
TERMINATION FOR DEFAULT
11.13.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
11.13.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
11.13.1.2 make progress, so as to endanger performance of this contract; or
11.13.1.3 perform any of the other provisions of this contract.
11.13.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
11.14
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services from another awarded contractor in
the event the Contractor fails to perform.
11.15
CONTRACTOR EMPLOYEE MANAGEMENT
11.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
11.15.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
11.15.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
11.15.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County, which shall not be unreasonably withheld.
11.15.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
11.15.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
11.16
WARRANTY OF SERVICES
$# % !
SERIAL# 260006-RFP
11.16.1 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.
11.16.2 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.
11.16.3 Notwithstanding the foregoing, with respect to the goods provided hereunder,
Contractor is a reseller of goods only, and as such does not provide any warranty
for the goods it supplies hereunder. Notwithstanding this As-Is limitation,
Contractor shall pass through to County any transferable manufacturer's standard
warranties with respect to goods purchased hereunder. EXCEPT AS SET FORTH
HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF
FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED
BY CONTRACTOR. COUNTY AND PERSONS CLAIMING THROUGH COUNTY
(COLLECTIVELY, " CLAIMANT") SHALL SEEK RECOURSE EXCLUSIVELY
FROM THE RELEVANT MANUFACTURER(S) IN CONNECTION WITH ANY
DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE
EXCLUSIVE RECOURSE OF CLAIMANT FOR DEFECTIVE GOODS, WHETHER
THE CLAIM SHALL SOUND IN CONTRACT, TORT, STRICT LIABILITY,
PURSUANT TO STATUTE, OR FOR NEGLIGENCE. COUNTY SHALL PASS
THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS.
CONTRACTOR EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS. CONTRACTOR ASSUMES NO RESPONSIBILITY WHATSOEVER
FOR INSTALLATION OF GOODS, USE, MISUSE, ALTERATION OR
MODIFICATION OF GOODS, OR CONTRACTOR'S INTERPRETATION OF
PLANS OR SPECIFICATIONS PROVIDED BY COUNTY. CONTRACTOR DOES
NOT CERTIFY OR GUARANTEE THAT ANY GOODS COMPLY WITH ANY
STATUTES, LAWS, CODES, ORDINANCES OR REGULATIONS. TO THE
EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT, WHETHER
IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING
DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF
THESE TERMS, SHALL CONTRACTOR BE LIABLE FOR (a) ANY INCIDENTAL,
INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES
SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEYS' FEES OR DELAY
DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY
CONTRACTOR'S BREACH OF THIS AGREEMENT, (b) ANY CLAIM THAT
PROPERLY IS A CLAIM AGAINST A MANUFACTURER, OR (c) ANY AMOUNT
EXCEEDING THE AMOUNT PAID TO CONTRACTOR FOR GOODS
FURNISHED TO COUNTY THAT ARE THE SUBJECT OF SUCH CLAIM(S). ALL
CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF ACCRUAL OF A
CAUSE OF ACTION.
11.17
INSPECTION OF SERVICES
11.17.1 The Contractor 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
$# % !
SERIAL# 260006-RFP
available to County during contract performance and for as long afterwards as the
contract requires.
11.17.2 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.
11.17.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
11.17.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
11.17.3.2 reduce the contract price to reflect the reduced value of the services
performed.
11.17.4 If, after being provided written notice and reasonable opportunity to cure, 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:
11.17.4.1 by contract or otherwise, perform the services; or
11.17.4.2 terminate the contract for default.
11.18
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
11.19
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.
11.20
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.
11.21
SUBCONTRACTING
The Contractor may not assign to another Contractor or subcontract to another party for
performance of the terms and conditions hereof without the written consent of the County,
$# % !
SERIAL# 260006-RFP
which shall not be unreasonably withheld. All correspondence authorizing subcontracting
must reference the bid serial number and identify the job or project.
11.22
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.
11.23
ADDITIONS/DELETIONS OF REQUIREMENTS
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.
11.24
RIGHTS IN DATA
The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or applicable
regulation. Each party shall supply to the other party, upon request, any available
information that is relevant to a contract and to the performance thereunder.
11.25
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
11.25.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
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.
11.25.2 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.
11.26
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
11.27
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.
11.28
VALIDITY
$# % !
SERIAL# 260006-RFP
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.
11.29
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
11.30
RELATIONSHIPS
11.30.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
11.30.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless a different time period was previously
approved by the County.
11.31
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 is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf)
11.32
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
11.33
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
11.33.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
11.33.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
11.33.1.2 have not within a three-year period preceding this contract:
11.33.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
$# % !
SERIAL# 260006-RFP
11.33.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
11.33.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
11.33.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
11.33.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
11.33.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
11.34
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
11.34.1 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 require its subcontractors to comply
with all applicable laws and regulations. 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 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. I-9 forms are available for download at
www.uscis.gov.
11.34.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.34.1 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.
11.35
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
11.35.1 The parties agree that this contract and employees working on this contract will be
subject to the Contractor employee whistleblower protections established by Title
$# % !
SERIAL# 260006-RFP
41 U.S.C. § 4712 and Section 3.900 through 3.907 of the Federal Acquisition
Regulation.
11.35.2 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 3.900 through 3.907 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on file by
Contractor and copies provided to County upon request.
11.35.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year
2018).
11.36
CONTRACTOR LICENSE REQUIREMENT
11.36.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and 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 promptly notify both the
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
11.36.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
11.37
INFLUENCE
11.37.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
11.37.2 An attempt to influence includes, but is not limited to:
11.37.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy 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.
11.37.3 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.
11.38
CONFIDENTIAL INFORMATION
$# % !
SERIAL# 260006-RFP
11.38.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
11.38.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the
written request to do so.
11.38.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
11.39
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County 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.
11.40
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, expressed, or implied.
11.41
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
11.42
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, Phoenix,
Arizona.
11.43
FORCED LABOR
11.43.1 By submitting a bid for this solicitation and/or entering into a contract as a result of
this solicitation, contractor agrees to comply with all applicable portions of Arizona
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
$# % !
SERIAL# 260006-RFP
11.43.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
11.43.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
11.43.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
11.43.2.3 Any contractors, subcontractors or suppliers that use the forced labor or
any good or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
11.43.3 If contractor becomes aware during the term of the agreement that contractor is
not in compliance with this paragraph, the contractor shall notify the County within
five business days after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its noncompliance,
then the agreement terminates, except that if the agreement termination date
occurs before the end the 180 day period, the agreement terminates on the
agreement termination date.
11.44
PRICES
Intentionally omitted.
11.45
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and exhibits the terms of this
contract shall prevail.
11.46
UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT
REGISTRATION
All
contractors
that
receive
funding
must
have
a
UEI
number
through
https://sam.gov/content/entity-registration. Contractor must also remain maintain current
information and active registration with the System for Award Management (www.sam.gov)
throughout the term of the contract.
11.47
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
11.48
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
contractor under the agreement shall be used in the performance of this agreement for any
partisan political activity, or to further the election or defeat of any candidate for public
office.
11.49
EQUAL EMPLOYMENT OPPORTUNITY
11.49.1 The contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin.
The contractor shall take affirmative action to ensure applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, or national origin. Such action shall include but is not
limited to the following: employment, upgrading, demotion or transfer, recruitment,
$# % !
SERIAL# 260006-RFP
or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
11.49.2 Contractor shall comply with the following provisions:
11.49.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
11.49.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
11.49.2.3 The Age Discrimination in Employment Act of 1967, as amended
(29U.S.C. §§ 621, et seq.);
11.49.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and Arizona Executive Order 2009-09, as amended, et seq. which
mandates that all persons shall have equal access to employment
opportunities.
11.49.2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
11.50
CERTIFICATION REGARDING LOBBYING
11.50.1 Contractor certifies, to the best of their knowledge and belief, that:
11.50.1.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of the contractor, to any person for influencing or attempting to
influence an officer or employee of any agency. This applies to a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant. Including the
making of any federal, loan the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
agreement.
11.50.2 If any funds other than federal appropriated funds, have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
11.50.3 Contractor shall include Lobbying Certification language in the award documents
for all subcontractors (including sub-grants, and contract under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
11.50.3.1 The Lobbying Certification is a material representation of fact upon
which reliance was placed when this transaction is made or entered into.
Submission of this certification is prerequisite for making or entering into
this transaction imposed by section 1352, Title 31, U.S. Code. Any
successful proposer(s) who fail to file the required certification shall be
subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
11.51
CLEAN AIR ACT & CLEAN WATER ACT
$# % !
SERIAL# 260006-RFP
Contractor must comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33
U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations.
11.52
ENERGY POLICY AND CONSERVATION ACT
Contractor must adhere to the standards and policies relating to energy efficiency, which
are contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).
11.53
CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa County Procurement
Code, MCI-906
11.54
INCORPORATION OF DOCUMENTS
11.54.1 The following are to be attached to and made part of this Contract:
11.54.1.1 Exhibit A – Vendor Information and Pricing
11.54.1.2 Exhibit B – Scope of Work
11.55
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
HD Supply Facilities Maintenance, Ltd.
Attn: Rebecca Newell – Director of National Accounts, Public Sector
3400 Cumberland Boulevard SE
Atlanta, GA 30339
11.56
INQUIRIES
11.56.1 Administrative telephone/email inquiries shall be addressed to:
KENDALL SMALL, PROCUREMENT OFFICER
TELEPHONE: (602) 506-6271
Kendall.small@maricopa.gov
11.56.2 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
$# % !
SERIAL# 260006-RFP
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
3400 Cumberland Blvd SE, Atlanta, GA 30339
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
$# % !
"" &
$!! '
CHAIR, BOARD OF SUPERVISORS
SERIAL# 260006-RFP
EXHIBIT A: VENDOR INFORMATION AND PRICING
COMPANY NAME:
HD Supply Facilities Maintenance, Ltd.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
3400 Cumberland Boulevard SE
Atlanta, GA 330339
REMIT TO ADDRESS:
PO Box 509508
San Diego, CA 92150-9058
TELEPHONE NUMBER:
800-431-3000
WWW ADDRESS:
https://www.hdsupplysolutions.com
CONTACT NAME:
Becky Newell
CONTACT TELEPHONE NUMBER:
856-425-5286
CONTACT EMAIL ADDRESS:
Rebecca.Newell@HDSupply.com
UNIQUE ENTITY IDENTIFIER (UEI)
YES
NO
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
NET 30
1.0 PRICING
WHOLESALE CATALOG DISCOUNT BY CATEGORY
What is the annual issue date of your catalog?
Release date of Paper Catalog
varies. Please refer to online
ordering site for most up-to-date
catalog information.
Do you offer a rebate in lieu of a discount?
No – Rebate is offered in addition to
a discount.
x
Annual volume from $500,000 to $999,999 = 1% rebate
x
Annual volume from $1,000,000 to $1,999,999 = 1.5% rebate
x
Annual volume $2,000,000 or greater = 2% rebate
CATEGORY 1
APPLIANCES
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Refrigerators
5%
Ovens
5%
Oven Repair
20%
Laundry
5%
Dishwashers
5%
Refrigerator Repair
15%
Microwaves
10%
Range Hood Filters
20%
Range Hoods
20%
Washer & Dryer Repair
15%
Gas Supply Lines & Fittings
15%
Dishwasher Repair
15%
$# % !
SERIAL# 260006-RFP
Ice Machines
10%
Ice Machine Repair
10%
Microwave Repair
20%
Thermometers
10%
Compact Appliances
5%
Appliances - All Other
5%
CATEGORY 2
BUILDING MATERIALS
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Slab Doors
10%
Bi-Fold
5%
Moldings
10%
Bypass Doors
5%
Pre-hung Int. Doors
5%
Exterior Doors
5%
Building Materials - All Other
5%
CATEGORY 3
HARDWARE
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Residential Locksets
10%
Door & Wall Protection
15%
Screen Doors, Frame & Wire
15%
Door Security Hardware
15%
Commercial Locksets
10%
Mailboxes & Accessories
15%
Weatherization & Thresholds
20%
Ceiling Tile
10%
Door Hinges & Closers
10%
Wardrobe Hardware
15%
Cabinet & Drawer Hardware
20%
Window Hardware
15%
Commercial Door Hardware
10%
Electronic Locks & Safes
5%
Sliding Patio Door Hardware
10%
Gate & Garage Door Hardware
10%
Fasteners
10%
Storm Door
5%
Carpet
5%
Laminate Flooring
10%
Fabricated Hinges
0%
Hardware - All other
5%
CATEGORY 4
HVAC
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Fireplace
10%
Air Filtration
15%
PTAC & Ductless (Mini Splits)
5%
Refrigerants & Compressed Gas
5%
Thermostats & Temperature Ctrl
10%
Wall Air Conditioners
5%
$# % !
SERIAL# 260006-RFP
Exhaust Fans
20%
Condensing Units
5%
Repair Parts
10%
Tools & Supplies
10%
Heaters
10%
Hydronic Product Controls & Gauges
5%
Indoor Air Quality (IAQ)
10%
Air Handlers, Furnaces & Coils
5%
Ventilation
10%
Compressors & Fittings
10%
Warranty/OEM Parts
0%
Thru-The-Wall Condensers
5%
Clearance - HVAC
0%
Portable Air Conditioners
10%
Window Air Conditioners
10%
Grounds - Unclassified
5%
HVAC - All Other
5%
CATEGORY 5
KITCHEN AND BATH CABINETS
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Medicine Cabinets
15%
Countertops
0%
Bathroom Vanities
15%
Kitchen Cabinets
10%
Gas Products
15%
Pipe, Tubing & Fittings
5%
Cabinet/Window Cover – Unclassified
5%
2" Deluxe Cordless
20%
Backsplash
15%
Faux Wood Cordless
15%
1" LF Vinyl Cordless
20%
1” Deluxe Cordless
20%
1" Aluminum Cordless
20%
Kitchen And Bath Cabinets - All Other
10%
CATEGORY 6
JANITORIAL SERVICES
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Floor Mats
26%
Paper Product
26%
Cleaning Chemicals
26%
Cleaning Equipment
15%
Waste Receptacles and Liners
26%
Pest Control
26%
Trash Liners
26%
Odor Control
26%
Hand Soap & Cleansers
26%
Dilution Systems
26%
Hand Sanitizer
26%
Personal Care
26%
Cleaning Tools
26%
Waste Containment/Trash Cans
26%
$# % !
SERIAL# 260006-RFP
Janitorial Item - All Other
15%
CATEGORY 7
LANDSCAPING EQUIPMENT AND SUPPLIES
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Grounds Amenities
5%
Ice Melt
15%
Utility Vehicle & Accessories
5%
Water & Irrigation
10%
Landscaping Equipment and Supplies - All Other
5%
CATEGORY 8
MOTORS/PUMPS
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Motors & Fan Blades
5%
Circulator Pumps
5%
Pumps & Regulators
5%
Motors/Pumps - All Other
5%
CATEGORY 9
PAINTS AND COATINGS
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Caulking
15%
Interior Surface Repair
15%
Paint Application
10%
Tapes & Adhesives
10%
Paint
5%
Spray Paint
10%
Primers
5%
Exterior Surface Repair
5%
Custom Paint
5%
Paint/Sundries - Unclassified
5%
Custom MFG Paint
5%
Paints And Coatings - All Other
5%
CATEGORY 10
PLUMBING
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Faucet & Sink Repair Parts
10%
Kitchen & Bar Faucets
15%
Shower Trim Kits & Tub Spouts
10%
Specialty Faucets
5%
Aerators
10%
Bathroom Decorative Hardware
15%
Clearance
5%
Water Heaters
5%
Toilet & Tank Repair
10%
Disposers & Repair
10%
Shower Doors, Tubs & Enclosures
15%
Toilets
15%
Toilet Seats
20%
Drain Cleaning Equipment
5%
Metal & Plastic Tubular
15%
Public Washroom
10%
Water Heater Repair
5%
Sink Repair
20%
$# % !
SERIAL# 260006-RFP
Water Coolers & Bubblers
5%
Tub Waste and Drain Repair
10%
Pipe Repair & Weatherization
10%
Plumbing Valves
15%
Shower & Tub Repair Parts
10%
Sinks
10%
Bathroom Grab Bars & Safety
15%
Showerheads & Accessories
10%
Bathroom Faucets
10%
Commercial Faucets & Accessories
5%
Plumbing - All Other
5%
CATEGORY 11
POOL SUPPLIES
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Pool Chemicals
5%
Pool Equipment
10%
Pool&Patio Furniture
10%
Pool Supplies - All Other
5%
CATEGORY 12
TOOLS, HAND-HELD, AND GENERAL
PURPOSE
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Hand Tools
10%
Ladders & Ladder Acc.
5%
Lubricants
10%
Plumbing Hand Tools
15%
Carts & Trucks
10%
Wheels & Casters
15%
Tools, Hand-Held, And General Purpose - All Other
5%
CATEGORY 13
TOOLS, POWER TYPE
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Shop Tools
5%
Power Tool Accessories
10%
Power Equipment
5%
Power Tools
5%
Tools, Power Type - All Other
5%
CATEGORY 14
FLOORING AND WINDOW COVERINGS
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Floor Tile
10%
Vinyl Mini Blinds
20%
Standard Vertical Blinds
20%
1" Deluxe Vinyl Mini Blinds
20%
Aluminum Mini Blinds
20%
Window Shades & Rods
15%
Faux Wood Blinds
15%
Deluxe Vertical Blinds
10%
Window Covering Accessories
20%
2" Deluxe Vinyl Mini Blinds
15%
Flooring Tools
15%
Floor Prep & Adhesive
15%
Flooring And Window Coverings - All Other
10%
$# % !
SERIAL# 260006-RFP
CATEGORY 15
HOSPITALITY
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Guest Room Supplies
10%
Banquet Furniture
5%
Shower Curtains & Liners
5%
Guestroom Case Goods & Furniture
5%
Food &Beverage Equipment & Supplies
10%
Guest Room Appliances
10%
Personal Care Amenities
5%
Telephones & Accessories
5%
Hospitality Beds
5%
Lobby Supplies
10%
Housekeeping Carts & Access
10%
Fitness Equipment
5%
Bellman's Carts & Accessories
5%
Logo Personal Care Amenities
5%
Guest Room Printed Supplies
10%
Baby Cribs and Supplies
5%
Crowd Management
5%
ADA Communications
5%
Artwork, Clocks & Mirrors
5%
Laundry Carts
10%
Guest Kitchen Appliances
5%
Hand soaps & Dispensers
15%
Signs & Notices
5%
Trash Receptacles & Liners
26%
Hospitality - All Other
5%
CATEGORY 16
WATER AND WASTEWATER TREATMENT
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Water Supply & Fittings
15%
Water Filtration
5%
Water And Wastewater Treatment - All Other
5%
Aeration
5%
Bioaugmentation and Process Chemicals
10%
Chart & Data Recorders
20%
Chem Feed
7%
Collections Systems
5%
Filters and Strainers
5%
Flow Metering
5%
Gauges
20%
Hose
15%
Hydrants
5%
Lab Equipment
7%
Laboratory Testing
5%
Leak Detection
5%
Level & Pressure
7%
Locators
5%
Pipe
5%
Plugs
5%
$# % !
SERIAL# 260006-RFP
Process Analyzers
5%
Pumps
5%
Reference, Training and Office
5%
Sampling
5%
Tanks
5%
Valves
5%
All Other Wastewater Treatment
5%
These products are available and invoiced through our USABlueBook division (www.usabluebook.com)
CATEGORY 17
MISCELLANEOUS
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
Ability One - Brooms & Brushes
5%
Ability One - Cleaning Supplies
10%
Ability One - Floor Care
5%
Ability One - Office Products
5%
Ability One - Paint & Tape
5%
Ability One - Paper Products - AbilityOne
5%
Ability One - Safety & Sundries
5%
Electrical - Audio/Video Accessories
10%
Electrical - Batteries
20%
Electrical - Building Wire
10%
Electrical - Cameras
5%
Electrical - Carbon Monoxide Alarms
20%
Electrical - Circuit Breakers & Fuses
10%
Electrical - Clearance - Electrical
0%
Electrical – Conduit & Weatherproof/Electrical
Boxes
15%
Electrical - Door Chimes & Intercoms
20%
Electrical - Electrical - Unclassified
5%
Electrical - Electrical Tools & Meters
10%
Electrical - Fire Extinguishers & Cabinets
5%
Electrical - Flashlights
20%
Electrical - Lighting Controls
15%
Electrical - Plug & Connectors
20%
Electrical - Power Cords & Connectors
15%
Electrical - Security & Surveillance
15%
Electrical - Smoke Alarms & Fire Safety
15%
Electrical - Surge Protection
15%
Electrical - Telephone & Video Repair
15%
Electrical - Time Switches
15%
Electrical - Wall Plates
15%
Electrical - Wiring Devices
15%
Electrical - Wiring Devices - GFCIs
15%
Electrical - Wiring Devices - Receptacles
15%
Electrical - Wiring Supplies
10%
Grounds - Barbecues
10%
Grounds - Benches & Picnic Tables
5%
Grounds - Bike Racks
10%
Grounds - Lawn & Garden
5%
Grounds - Outdoor Power Equipment
5%
$# % !
SERIAL# 260006-RFP
Grounds - Pet waste
10%
Grounds - Playgrounds
5%
Grounds - Snow & Ice Removal Equipment
5%
Healthcare - Bed Repair Parts
10%
Healthcare - Hampers & Accessories
5%
Healthcare - Healthcare Beds
5%
Healthcare - Healthcare Furniture
5%
Healthcare - Healthcare Scales
5%
Healthcare - Lift Repair
5%
Healthcare - Mobility Aids & Repair Parts
5%
Healthcare - Nurse Call & Audio/Video Equipment
5%
Healthcare - Privacy Curtains & Hardware
10%
Healthcare - Resident Room Furniture
5%
Healthcare - Wheelchair Ramps
5%
Healthcare - Wheelchair Repair Parts
15%
Hospitality Supply - Audio/Video Equipment
5%
Hospitality Supply - Carts & Receptacles
5%
Hospitality Supply - Shelving & Storage
5%
Kitchen & Bath - Bathing & Toileting
5%
Kitchen & Bath - Bathing Units/Supplies & Repair
5%
Lamps & Ballasts - Ballasts & Starters
15%
Lamps & Ballasts - Fluorescent Bulbs
20%
Lamps & Ballasts - Fluorescent Tubes
25%
Lamps & Ballasts - Halogen MR Bulbs
10%
Lamps & Ballasts - Halogen PAR Bulbs
10%
Lamps & Ballasts - Incan A-Bulbs
15%
Lamps & Ballasts - Incan BR Bulbs
15%
Lamps & Ballasts - Incan Decorative Bulbs
15%
Lamps & Ballasts - Incan Special Application
15%
Lamps & Ballasts - LED A-Bulbs
10%
Lamps & Ballasts - LED BR Bulbs
10%
Lamps & Ballasts - LED Decorative Bulbs
10%
Lamps & Ballasts - LED HID Bulbs
10%
Lamps & Ballasts - LED MR Bulbs
10%
Lamps & Ballasts - LED PAR Bulbs
10%
Lamps & Ballasts - LED Special Application
10%
Lamps & Ballasts - LED Tubes & Pin Based
5%
Lamps & Ballasts - Metal Hal & Sodium Pressure
Bulb
15%
Lamps & Ballasts - Recycling Kits
20%
Lighting Fixtures - Ceiling Fan Parts
20%
Lighting Fixtures - Ceiling Fans
15%
Lighting Fixtures - Emergency & Exit Lighting
10%
Lighting Fixtures - Hospitality Lamps & Shades
15%
Lighting Fixtures - Indoor Chandeliers & Pendants
15%
Lighting Fixtures - Indoor Commercial Fixtures
10%
Lighting Fixtures - Indoor Flush mounts
20%
Lighting Fixtures - Indoor Recessed Lighting
10%
Lighting Fixtures - Indoor Track Lighting
10%
Lighting Fixtures - Indoor Vanity & Wall Fixtures
10%
$# % !
SERIAL# 260006-RFP
Lighting Fixtures - LED Fixtures
15%
Lighting Fixtures - Outdoor Decorative Wall
Fixtures
10%
Lighting Fixtures - Outdoor Security Lighting
10%
Lighting Fixtures - Outdoor Decorative Ceiling
Fixtures
10%
Lighting Fixtures - Replacement Lenses & Repair
10%
Millwork - Millwork - Unclassified
10%
Office Solutions - Forms
15%
Office Solutions - Funeral
5%
Office Solutions - General Office Supplies
5%
Office Solutions - Greeting Cards
5%
Office Solutions - Healthcare Office
5%
Office Solutions - Ink/Toner
5%
Office Solutions - Labels
5%
Office Solutions - Message Boards
5%
Office Solutions - Paper
5%
Office Solutions - Parking Permits
5%
Office Solutions - Pool Permits
5%
Office Solutions - Stationery
5%
Office Solutions - Two-Way Comm.
5%
Office Solutions - Violations
5%
Property Marketing - A-Frame Signs
5%
Property Marketing - Apparel
5%
Property Marketing - Balloons
5%
Property Marketing - Banners
5%
Property Marketing - Drinkware
5%
Property Marketing - Events
5%
Property Marketing - Flags & Flagpoles
5%
Property Marketing - Gifts
5%
Property Marketing - Holiday
5%
Property Marketing - Indoor Banners
5%
Property Marketing - Key Tags
5%
Property Marketing - Yard Signs
5%
Raw Materials - Hardware
5%
Raw Materials - Raw Materials
5%
Safety Products - Aids to Daily Living
5%
Safety Products - Biohazard Containment
10%
Safety Products - Color Page - Safety & Signage
10%
Safety Products - Defibrillators
5%
Safety Products - Diagnostic
5%
Safety Products - Eye Protection
15%
Safety Products - Fall Protection
5%
Safety Products - First Aid
10%
Safety Products - Hand Protection
20%
Safety Products - Hearing Protection
20%
Safety Products - Incontinent Care
5%
Safety Products - Lifts & Slings
5%
Safety Products - Lockout Tagout
15%
Safety Products - Patient Care
10%
$# % !
SERIAL# 260006-RFP
Safety Products - Recliners & Accessories
5%
Safety Products - Resident Monitoring/Fall Prev.
5%
Safety Products - Respiratory Aid
10%
Safety Products - Respiratory Protection
15%
Safety Products - Safety Apparel
10%
Safety Products - Safety Storage
10%
Safety Products - Safety Training Materials
10%
Safety Products - Spill Control & Containment
10%
Safety Products - Therapy & Fitness
5%
Safety Products - Traffic Safety
5%
Safety Products - Wheelchair Cushions & Access
5%
Safety Products - Wheelchairs & Walkers
5%
Shipping, Moving & Storage - Cartons & Mailers
5%
Shipping, Moving & Storage - Shipping Supplies
5%
Shipping, Moving & Storage - Storage Containers
& Shelving
5%
Shipping, Moving & Storage - Trucks & Carts
10%
Signage - Exterior Signs
5%
Signage - Interior Signs
5%
Signage - Safety Signs
5%
Signage - Sign Post
5%
Signage - Specialty Signs
10%
Signage - Traffic Signs
5%
Textiles - Bath Robes Bath Rugs& Slippers
5%
Textiles - Blankets
5%
Textiles - Brand Standards Linen
5%
Textiles - Mattress Pads Covers Toppers
5%
Textiles - Pillows and Protectors
5%
Textiles - Sheets
5%
Textiles - Table Line
5%
Textiles - Top of Bed
5%
Textiles - Towels
5%
Tools - Storage
15%
Miscellaneous - All Other
5%
ADDITIONAL PRODUCTS, SERVICES, OR SOLUTIONS OFFERED
MINIMUM PERCENTAGE
DISCOUNT FROM LIST
PRICE
All other HD Supply Items
5%
$# % !
2.0 PRICING ANALYSIS WORKBOOK
Applicable until October 4, 2026, or unless modified by the County.
Item #
Manufacturer
Name
Manufacturer
Product #
Product #
Product
Description
UOM
QTY
List Price
Discount
Percent
Unit Net
Price
Extended
Total Price
HD SKU
1
ACHIM
IMPORTING
OPR376WH36
797139
37-1/4X6' Rm Dark
Wht Roller Shade
EA
1
$ 10.29
23%
$ 7.92 $ 7.92
797139
2
AMREP, INC
ZUHTFF5G
113032
Flr Finish, 5 Gal
Zep Hgh Traffic
EA
1
$ 123.69
29%
$ 87.82 $ 87.82
113032
3
AMREP, INC
ZULFFS5G
113031
5 Gal Zep Heavy-
Duty Floor Stripper
EA
1
$ 89.37
44%
$ 50.05 $ 50.05
113031
4
AMREP, INC
ZULFFS128
113035
1 Gal Zep Heavy-
Duty Floor Stripper
EA
1
$ 18.29
28%
$ 13.17 $ 13.17
113035
5
BEMIS MAN.
COMPANY
1650EC
189860
Bemis Easy
Change Wood
Toilet Seat EL
EA
1
$ 34.99
32%
$ 23.79 $ 23.79
189860
6
BRASSCRAFT
SERVICE
PARTS
HDS478105
478105
Delta H/C
1300/1400 Srs PB
Ctg
EA
1
$ 49.49
34%
$ 32.66 $ 32.66
478105
7
BRASSCRAFT
SERVICE
PARTS
SLD1327
478107
Delta 1300/1400
Srs Ctg Assmbly
EA
1
$ 69.99
29%
$ 49.69 $ 49.69
478107
8
BRK
SC9120B
126722
BRK AC/DC
COMBO
CO/SMOKE
ALARM
EA
1
$ 48.99
27%
$ 35.76 $ 35.76
126722
9
BRK
9120B
126707
DIRECTWIRE
SMOKE ALARM
W/BATTERY BACK
UP
EA
1
$ 17.59
25%
$ 13.19 $ 13.19
126707
10
BRK
9120AB
126523
BRK AC/DC
ALKALINE BAT
SMOKE ALARM
EA
1
$ 21.99
52%
$ 10.56 $ 10.56
126523
11
BRK
SCO2B
126720
BRK CARBON
MONOXIDE/SMOK
E ALARM
EA
1
$ 53.79
23%
$ 41.42 $ 41.42
126720
12
BRK
SA350B
109944
10YR Lith Battery
Ion Smoke Alarm
EA
1
$ 33.79
27%
$ 24.67 $ 24.67
109944
$# % !
SERIAL# 260006-RFP
13
BRK
7010B
126728
120 VOLT
PHOTOELECTRIC
SMOKE ALARM
EA
1
$ 41.29
35%
$ 26.84 $ 26.84
126728
14
BRK
CO250B
126516
BRK 9 VOLT
CARBON
MONOXIDE
ALARM
EA
1
$ 43.49
21%
$ 34.36 $ 34.36
126516
15
BRK
CO5120BN
126602
BRK AC/DC CO
ALARM
EA
1
$ 39.99
26%
$ 29.59 $ 29.59
126602
16
BROAN MFG
CO INC
413001
281200
Broan 30" Wht
Range Hood Non-
Vented
EA
1
$ 89.00
29%
$ 63.19 $ 63.19
243476
17
BROAN MFG
CO INC
412401
281150
Broan 24" Wht
Range Hood Non-
Vented
EA
1
$ 129.99
38%
$ 80.59 $ 80.59
247296
18
BROAN MFG
CO INC
403001
281025
Broan 30"Wht
RngHd 3-1/4x10"
Vnt 160CFM
EA
1
$ 129.00
25%
$ 96.75 $ 96.75
357221
19
BROAN MFG
CO INC
423001
281375
Broan 30" Wht Rng
Hd 7"Rnd Vent
190CFM
EA
1
$ 90.29
21%
$ 71.33 $ 71.33
247294
20
BROAN MFG
CO INC
BP43
248750
RANGE HOOD
LIGHT LENS
EA
1
$ 13.09
21%
$ 10.34 $ 10.34
355026
21
BROAN MFG
CO INC
402401
280900
Broan 24" Wht
RngHd 3-1/4x10"
Vnt 160CFM
EA
1
$ 129.00
20%
$ 103.20 $ 103.20
345591
22
CHAMPION
107934788058
3-9
703168
82-3/8" White
Vertical Vane
50/Pkg
PKG
50
1
$ 124.93
21%
$ 98.69 $ 98.69
703168
23
CHAMPION
107934780541
6-9
702084
35 x 64 White 1"
Vinyl Horz Blind
EA
1
$ 20.22
52%
$ 9.71 $ 9.71
527377
24
CLOROX
35419
111514
1.12 Gal Pine-Sol
Lemon3/Cs
CS 3
1
$ 69.39
32%
$ 47.19 $ 47.19
342304
25
CLOROX
35418
111515
1.12 Gal Pine-Sol
3/Cs
CS 3
1
$ 69.39
31%
$ 47.88 $ 47.88
342305
26
CLOROX
15949
503107
Clorox Disinfecting
Wipes CS Of 6
CS 6
1
$ 72.89
52%
$ 34.99 $ 34.99
503107
27
DAP INC.
18152
108709
10.1 OZ WHT DAP
ALEX PLUS "CS
OF 12"
CS
12
1
$ 59.98
16%
$ 50.38 $ 50.38
108709
$# % !
SERIAL# 260006-RFP
28
DAP INC.
18001
108701
5.5 OZ WHT DAP
KWIK SEAL "CS
OF 12"
CS
12
1
$ 54.98
16%
$ 46.18 $ 46.18
108701
29
DELTA
FAUCET CO
R10000-
UNWS
418801
Delta MultiChoice
Tub/Shwr Valve
EA
1
$ 93.99
21%
$ 74.25 $ 74.25
418801
30
DURACELL
PC1604BKD
158476
9V Drcll Procell
Alkaline Battery
12pk
PKG
12
1
$ 37.07
52%
$ 17.79 $ 17.79
158476
31
DURACELL
PC1500BKD
157755
AA Drcll Procell
Alkaline Battery
24pk
PKG
24
1
$ 20.17
54%
$ 9.28 $ 9.28
157755
32
DURACELL
MN1500BKD
357752
AA Drcll Coppertop
Alkaline Battery
24pk
PKG
24
1
$ 20.17
54%
$ 9.28 $ 9.28
157755
33
ESSENDANT
CO
CPC53122
113049
169 Ounce
Fabuloso 3/CS
CS 3
1
$ 72.09
37%
$ 45.42 $ 45.42
286468
34
FEIT
ELECTRIC
PL13/41/10
311843
CFL Bulb 13W Twin
4100K 2P Base
10pk
PKG
10
1
$ 50.19
47%
$ 26.60 $ 26.60
311843
35
FILTRATION
GROUP
1720201
127386
20 X 20 X1" HD
PLEATED FILTR
"BOX OF 12"
BX
12
1
$ 73.49
58%
$ 30.87 $ 30.87
127386
36
FLUSHMATE
C-100500-K
583305
Sloan Flushmate
Cartridge C-
100500-K
EA
1
$ 44.99
11%
$ 40.04 $ 40.04
583305
37
GE
3997
229675
G.E. 6" DRIP
BOWL "PKG OF 6"
PKG
6
1
$ 25.99
27%
$ 18.97 $ 18.97
229675
38
GE
3998
229680
G.E. 8" DRIP
BOWL "PKG OF 6"
PKG
6
1
$ 30.99
31%
$ 21.38 $ 21.38
229680
39
GE
ERIG9998
206124
REPLACEMENT
GE OVEN IGNITER
EA
1
$ 82.99
21%
$ 65.56 $ 65.56
206124
40
GE
ERIG21
226915
GE Oven Ignitor
w/Quick Disconnect
EA
1
$ 55.99
34%
$ 36.95 $ 36.95
226915
41
GEORGIA
PACIFIC
13728
117986
Acclaim Jumbo Roll
Tlet Paper 8/Cs
CS 8
1
$ 61.99
42%
$ 35.95 $ 35.95
117986
42
HD SUPPLY
6LR61-24PK
159475
9V HD Supply
Battery 24pk
PKG
24
1
$ 49.99
45%
$ 27.49 $ 27.49
294345
$# % !
SERIAL# 260006-RFP
43
HD SUPPLY
XL-W-022
233250
8" UNIVERSAL
SURFACE RANGE
ELEMENT
EA
1
$ 26.99
38%
$ 16.73 $ 16.73
234000
44
HD SUPPLY
XL-W-016
234000
8" UNIVERSAL
SURFACE RANGE
ELEMENT
EA
1
$ 26.99
38%
$ 16.73 $ 16.73
234000
45
HD SUPPLY
XL-W-010
233000
6" UNIVERSAL
SURFACE RANGE
ELEMENT
EA
1
$ 22.99
44%
$ 12.87 $ 12.87
233750
46
HD SUPPLY
C2026PLT
324494
11" 26 WATT
FLUORESCENT
DRUM FIXTURE
EA
1
$ 28.36
26%
$ 20.99 $ 20.99
291900
47
HD SUPPLY
1622-P
189809
16x22" Recessed
Mirrored Medicine
Cab
EA
1
$ 67.59
30%
$ 47.31 $ 47.31
189809
48
HD SUPPLY
1622-RE
404472
16x22" Recsd Mnt
Mirror Medcin Cab
EA
1
$ 108.06
33%
$ 72.40 $ 72.40
404570
49
HD SUPPLY
1094-06
325255
10" WHITE DRUM
FIXTURE,
CLEAR/WHT
GLASS
EA
1
$ 38.49
27%
$ 28.10 $ 28.10
325255
50
HD SUPPLY
PL-2440
317875
13-3/4" ROUND
WHITE ACRYLIC
DRUM LENS
EA
1
$ 27.49
36%
$ 17.59 $ 17.59
317875
51
HD SUPPLY
XL-W-011
233750
6" UNIVERSAL
SURFACE RANGE
ELEMENT
EA
1
$ 22.99
44%
$ 12.87 $ 12.87
233750
52
HD SUPPLY
SX36FC1816-
100
857650
36" x 100'
Fiberglass Screen
Charcoal
EA
1
$ 77.69
45%
$ 42.73 $ 42.73
857650
53
HD SUPPLY
1626-R
189811
16x26" Recessed
Mirrored Medicine
Cab
EA
1
$ 111.18
42%
$ 64.48 $ 64.48
189811
54
HD SUPPLY
1049-06
322000
10" WHITE
CEILING DRUM
FIXTURE
EA
1
$ 38.49
31%
$ 26.56 $ 26.56
322000
55
J.T.EATON &
CO., INC.
11-00PRE6
111882
Rat And Mouse
Glue Tray 12/Pkg
PKG
12
1
$ 31.99
27%
$ 23.35 $ 23.35
111882
$# % !
SERIAL# 260006-RFP
56
KIDDE
21006377-N
126726
KIDDE AC/DC
CO/SMOKE
ALARM - TALKING
EA
1
$ 72.99
24%
$ 55.47 $ 55.47
347588
57
KIDDE
21006378
103406
KIDDE WIRE-IN W/
9V BATTERY
BACK-UP SMO
EA
1
$ 37.49
26%
$ 27.74 $ 27.74
347587
58
KIDDE
21006376
340004
KIDDE WIRE-IN W/
9V BATT BACK-UP
SMO
EA
1
$ 25.69
31%
$ 17.73 $ 17.73
340004
59
KIDDE
21007586
126734
FIREX AC/DC
SMOKE ALARM
EA
1
$ 22.50
35%
$ 14.63 $ 14.63
353333
60
KIDDE
21025811
126662
MWH CO ALARM
EA
1
$ 25.99
30%
$ 18.19 $ 18.19
126662
61
KIDDE
21006371
126532
KIDDE
PHOTOELECTRIC
SMOKE ALARM
PE120
EA
1
$ 37.49
26%
$ 27.74 $ 27.74
347587
62
KIDDE
21025778
340005
KIDDE Battery
Carbon Monoxide
Alarm
EA
1
$ 29.99
23%
$ 23.09 $ 23.09
340005
63
KIDDE
21009423
126505
MWH BATTERY
IONIZATION
SMOKE ALARM
PK/6
PKG
6
1
$ 40.39
22%
$ 31.50 $ 31.50
126505
64
KIMBERLY
CLARK
75260
117397
Scott Rags In A
Box 200/Pkg
PKG
200
1
$ 20.78
37%
$ 13.09 $ 13.09
246541
65
MAINTENANC
E
WAREHOUSE
L8648AKFR01
119070
56 Gal 1.65 Mil
Trash Bag 100/Cs
PKG
100
1
$ 71.83
56%
$ 31.61 $ 31.61
211440
66
MAINTENANC
E
WAREHOUSE
L7658AKFR01
119071
55-60 Gal 1.5 Mil
Trash Bag 100/Cs
EA00
1
$ 96.09
72%
$ 26.91 $ 26.91
211446
67
MAINTENANC
E
WAREHOUSE
L8046AKFR01
119060
40-45 Gal 1.5 Mil
Trash Bag 100/Pkg
PKG
100
1
$ 95.87
74%
$ 24.93 $ 24.93
211435
68
MAINTENANC
E
WAREHOUSE
ESL13T/12/HD
S
313258
CFLi Bulb VL 13W
2700K Twist 12pk
PKG
12
1
$ 78.99
25%
$ 59.24 $ 59.24
206145
$# % !
SERIAL# 260006-RFP
69
MAINTENANC
E
WAREHOUSE
ESL13T/41K/1
2/HDS
313264
CFLi Bulb VL 13W
4100K Twist 12pk
PKG
12
1
$ 109.56
25%
$ 82.17 $ 82.17
206151
70
MAINTENANC
E
WAREHOUSE
N4827TWFR0
1
119135
13 Gal .9 Mil Trash
Bag 200/Cs
PKG
200
1
$ 105.87
39%
$ 64.58 $ 64.58
119135
71
MAINTENANC
E
WAREHOUSE
H7856AGF
119125
55-60 Gal 1.55 Mil
Trash Bag 50/Cs
PKG
50
1
$ 92.79
60%
$ 37.12 $ 37.12
119125
72
MAINTENANC
E
WAREHOUSE
30181603
568501
MW Wood Toilet
Seat Round 6 Pack
PKG
6
1
$ 118.99
21%
$ 94.00 $ 94.00
568501
73
MAINTENANC
E
WAREHOUSE
30181603
568515
MW Wood Toilet
Seat Elongated 6
Pack
PKG
6
1
$ 144.99
29%
$ 102.94 $ 102.94
568515
74
MAINTENANC
E
WAREHOUSE
TSR60AS-EL-
6
568729
Toilet Seat Plastic
MW Elongated
6/Pkg
PKG
6
1
$ 122.39
53%
$ 57.52 $ 57.52
568729
75
MAINTENANC
E
WAREHOUSE
X6648QKF
119099
42 Gal 2.5 Mil
Trash Bag 50/Cs
PKG
50
1
$ 78.99
55%
$ 35.55 $ 35.55
119099
76
MAINTENANC
E
WAREHOUSE
T-99820-HDS
502062
Mntnce Wrhse
Terry Towel,
24/Pkg
PKG
24
1
$ 37.79
32%
$ 25.70 $ 25.70
502062
77
MODULAR
VANITY TOPS
30181504
404379
19x17" Wht Cult
Mrbl Vnty Top
W/Snk
EA
1
$ 98.00
28%
$ 70.56 $ 70.56
404379
78
MORTON
SALT
F115010000
300490
Morton Water
Softener Salt
Pellets 50LB
EA
1
$ 21.99
34%
$ 14.51 $ 14.51
300490
79
PHILIPS
LIGHTING CO.
196865
314615
T8 Ballast Adv 2
Bulb Elec 32W 120-
277V
EA
1
$ 28.09
27%
$ 20.51 $ 20.51
314615
80
PHILIPS
LIGHTING CO.
427187
327499
FLR Bulb Phl 40W
T12 4100K 89CRI
30pk
PKG
30
1
$ 260.00
31%
$ 179.40 $ 179.40
327499
81
PHILIPS
LIGHTING CO.
454199
311632
CFLi Bulb Phl 13W
2700K Twist GU24
Base
EA
1
$ 10.33
55%
$ 4.65 $ 4.65
321692
$# % !
SERIAL# 260006-RFP
82
PHILIPS
LIGHTING CO.
117788
312971
CFL Ballast Adv 1-2
Bulb Elec 120-277V
EA
1
$ 62.09
28%
$ 44.70 $ 44.70
312971
83
PREFOLLOW
CO
5U039
115101
32" Pick-Up Tool
EA
1
$ 44.99
71%
$ 13.05 $ 13.05
241970
84
PRIME LINE
PRODUCTS
K-5109
856770
Hvy Dty Pneumatic
Storm Door Clsr
Black
EA
1
$ 18.29
19%
$ 14.81 $ 14.81
856770
85
PRIME LINE
PRODUCTS
K-5071
855900
1-3/4" Storm Door
Handle Black
EA
1
$ 13.29
24%
$ 10.10 $ 10.10
855900
86
RESEARCH
PRODUCTS
CO
96923199
246850
8-3/4x10-1/2x3/32
Alum Range Hood
Fltr
EA
1
$ 15.99
33%
$ 10.71 $ 10.71
246850
87
RESEARCH
PRODUCTS
CO
97023195
246400
8-3/4x10-1/2 Actvtd
Carbon Rng Hd Fltr
EA
1
$ 14.99
33%
$ 10.04 $ 10.04
246400
88
ROPPE CORP
H140LA5P100
809775
Roppe 4" X 4' Black
Cove Base, CS/16
CS
16
1
$ 150.79
21%
$ 119.12 $ 119.12
358862
89
SAS SAFETY
CORP
66519
117955
DISP XL NITRILE
GLOVES "PKG OF
100"
PKG
100
1
$ 20.99
32%
$ 14.27 $ 14.27
117955
90
SAS SAFETY
CORP
6609-40
117844
DISP XL NITRILE
GLOVES "PKG OF
50"
PKG
50
1
$ 23.99
46%
$ 12.95 $ 12.95
117844
91
SAS SAFETY
CORP
66518
117954
DISP LARGE
NITRILE GLOVES
"PKG OF 100"
PKG
100
1
$ 20.99
32%
$ 14.27 $ 14.27
117954
92
SEASONS
TSPLH0010
568700
Seasons Plastic
Toilet Seat EL
White
EA
1
$ 25.83
45%
$ 14.21 $ 14.21
131317
93
SHIELD
SECURITY
97600
913800
Shield Security
Tulip Passage Knob
Brass
EA
1
$ 15.59
28%
$ 11.22 $ 11.22
226957
94
SUPERIOR/H
KF-WEST INC
6080-060
250358
Replacement GE
Refrig Evap Fan
Motor
EA
1
$ 105.99
35%
$ 68.89 $ 68.89
250358
95
SUPERIOR/H
KF-WEST INC
6080-009
250674
Vented Range
Hood Fan
Assembly
EA
1
$ 78.99
37%
$ 49.76 $ 49.76
250674
$# % !
SERIAL# 260006-RFP
96
TCP
33113SP
327860
CFLi Bulb TCP
13W 2700K Twist
GU24 Base
EA
1
$ 6.58
25%
$ 4.94 $ 4.94
206145
97
UNIVERSAL
POWER
GROUP
D5733
325771
6V 4.5Ah Lead Acid
Emergency Battery
EA
1
$ 15.99
32%
$ 10.87 $ 10.87
325771
98
W.W. HENRY
COMPANY
FP00430069
807245
Henry 4 Gallon Tile
Adhesive
EA
1
$ 93.97
32%
$ 63.90 $ 63.90
807245
99
W.W. HENRY
COMPANY
12169
531080
Henry# 595 Cove
Base Adhesive
11oz
EA
1
$ 5.99
23%
$ 4.61 $ 4.61
531080
100
WHITE-
RODGERS
01F78 144S1
213664
W/R 24V DIGITAL
HEAT/COOL NON-
PROGRAM
EA
1
$ 43.00
13%
$ 37.41 $ 37.41
213664
$# % !
EXHIBIT B: SCOPE OF WORK
1.0
INTRODUCTION
1.1
Maricopa County (County) has entered into an agreement with OMNIA Partners, Public
Sector, Inc., a Delaware corporation (OMNIA Partners) this contract (also known as the
“Master Agreement” in materials distributed by OMNIA Partners) available to other public
agencies nationally, including state and local governmental entities, public and private
primary, secondary and higher education entities, non-profit entities, and agencies for the
public benefit (Public Agencies), through OMNIA Partners’ cooperative purchasing
program. Maricopa County is acting as the contracting agency for any other Public Agency
that elects to utilize the resulting contract. Use of the contract by any Public Agency is
preceded by their registration with OMNIA Partners (Participating Public Agency) and to
use the contract, any such Participating Public Agency agrees that it is registered or shall
register with OMNIA Partners, whether pursuant to the terms of a Master
Intergovernmental Cooperative Purchasing Agreement or as otherwise agreed to.
1.2
OMNIA Partners is the largest and most experienced purchasing organization for public
and private sector procurement. Through the economies of scale created by OMNIA
Partners’ public sector subsidiaries and affiliates, the participants have access to
competitively solicited and publicly awarded cooperative agreements. For all public sector
contracts, the lead agency contracting process continues to be the foundation on which we
were established. OMNIA Partners is proud to offer more value and resources to state and
local government, higher education, K-12 education and non-profits.
1.3
OMNIA Partners provides shared services and supply chain optimization to government,
education and the private sector. With corporate, pricing and sales commitments from the
contractor OMNIA Partners provides marketing and administrative support for the
contractor that directly promotes the contractor products and services to Participating
Public Agencies through multiple channels, each designed to promote specific products
and services to Public Agencies on a national basis. Participating Public Agencies benefit
from pricing based on aggregate spend and the convenience of a contract that has already
been advertised and publicly competed. The contractor benefits from a contract that
generally allows Participating Public Agencies to directly purchase goods and services
without the contractor’s need to respond to additional competitive solicitations. As such,
the contractor must be able to accommodate a nationwide demand for services and to fulfill
obligations as a nationwide contractor and respond to the OMNIA Partners documents.
2.0
INTENT
2.1
The intent of this Request for Proposal (RFP) is to receive responses from qualified
contractors who can provide maintenance, repair, operating (MRO) supplies, industrial
supplies in a retail and wholesale environment, and related products and services
(Products and Services) to meet the County’s and Participating Public Agencies various
needs.
2.1.1
Respondents may provide their complete balance of line including their full product
and service catalog as part of their response.
2.1.2
Responses shall be for MRO supplies and related products and services or
industrial supplies and related products and services. Respondents are not
required to respond to both categories.
2.1.3
Responses for only the Products and Services shall be deemed non-responsive.
2.2
Respondents should have a strong national presence for a vast array of supplies and
equipment necessary for maintenance and repair in residential, commercial and industrial
environments for use by various public entities nationwide.
$# % !
SERIAL# 260006-RFP
2.3
OBJECTIVES
2.3.1
Provide a comprehensive competitively solicited contract offering MRO supplies,
industrial supplies, and related products and services to Participating Public
Agencies nationwide;
2.3.2
Establish the contract as a contractor(s) primary offering to Participating Public
Agencies;
2.3.3
Achieve cost savings for contractor(s) and Participating Public Agencies through a
single competitive solicitation process that eliminates the need for multiple bids or
proposals;
2.3.4
Combine the volumes of Participating Public Agencies to achieve cost effective
pricing;
2.3.5
Reduce the administrative and overhead costs of contractor(s) and Participating
Public Agencies through state-of-the-art ordering and delivery systems;
2.3.6
Provide Participating Public Agencies with environmentally responsible Products
and Services.
2.4
Other governmental entities under agreement with Maricopa County (County) may have
access to services provided hereunder (see also Sections 4.23 and 4.24 below).
2.5
Maricopa County reserves the right to award this contract to multiple vendors. The County
reserves the right to award in whole or in part, by item or group of items, by section or
geographic area, or make multiple awards, where such action serves the County’s best
interest.
2.6
Contractor reserves the right to enter local service agreements with Participating Public
Agencies accessing the contract through OMNIA Partners, so long as the effective date of
such agreement is prior to the contract’s expiration date.
2.6.1
All local service agreements may have a full potential term (any combination of
initial and renewal periods) not to exceed 10 years.
2.6.2
Any job orders, project agreements, maintenance agreements, or local service
agreements executed against the contract during the effective term may survive
beyond the expiration of the contract as established and agreed to by both parties.
3.0
SCOPE OF WORK
3.1
Contractor shall have experience providing MRO supplies, industrial supplies, and related
products and services including but not limited to:
3.1.1
MRO Supplies and Related Services
3.1.1.1 A complete and comprehensive offering of wholesale and/or retail MRO
supplies such as appliances, building materials, hardware, HVAC, kitchen
and bath cabinets, janitorial supplies, landscaping equipment and
supplies, motors, pumps, paints and coatings, plumbing, pool chemicals
and supplies, hand-held general-purpose tools, power tools, flooring,
window coverings, and any other miscellaneous MRO supplies offered by
contractor.
3.1.1.2 In addition, a complete range of services available through the contractor
such as, but not limited to, installation, renovation services, repair
$# % !
SERIAL# 260006-RFP
services, training services and any other related services offered by
contractor.
3.1.2
Industrial Supplies and Related Services
3.1.2.1 A complete and comprehensive offering of Industrial supplies such as
bearings, linear technologies, power transmissions, motors, hydraulics,
pneumatics, gearing, material handling, conveyor systems, industrial
rubber, general maintenance supplies, fluid power and any additional
related products and services.
3.1.2.2 In addition, a complete range of services available through contractor such
as, but not limited to, installation, renovation services, repair services,
training services and any other related services such as rubber fabrication,
vulcanizing, hose fabrication, hydraulic system (design and build) that may
be offered by contractor. Such services may be required for public pools,
solid waste transfer sites, water treatment plants, wastewater treatment
sites, boiler plants, mass transit systems, road maintenance equipment,
prisons, hospitals and public agencies.
3.1.3
Related Products and Services
3.1.3.1 Any additional products, services, or solutions offered by contractor.
3.1.3.2 Services may include replacements, upgrades, remodeling, and product,
turnkey and major category installations.
3.1.3.3 Services performed shall be non-structural in nature.
3.1.3.4 Products used in performing these services shall be procured under the
awarded contract, at contract prices.
3.1.3.5 Services may be required in the residential and commercial environments
and may be any of the following (non-inclusive):
3.1.3.5.1
Roofing, gutters, downspouts
3.1.3.5.2
HVAC
3.1.3.5.3
Plumbing
3.1.3.5.4
Electrical
3.1.3.5.5
Exterior decks, patios and porches
3.1.3.5.6
Exterior siding
3.1.3.5.7
Windows and doors
3.1.3.5.8
Interior/exterior painting
3.1.3.5.9
Weatherization (storm windows/doors, insulation, weather
stripping)
3.1.3.5.10 ADA Improvements
3.1.3.6 These services may be required in the industrial environment and may be
any of the following (non-inclusive):
$# % !
SERIAL# 260006-RFP
3.1.3.6.1
Hose fabrication
3.1.3.6.2
Hydraulic repairs
3.1.3.6.3
Gearbox repairs
3.1.3.6.4
Conveyor system repairs
3.1.3.6.5
Vulcanizing
3.1.3.6.6
Rubber fabrication
3.2
Service Providers (Labor)
3.2.1
Contractor shall serve as the single point of contact between County (or
Participating Public Agencies) and service providers.
3.2.2
Contractor shall verify that all service providers are fully licensed for the type of
work being performed in the respective state(s).
3.2.3
Contractor shall verify each service provider maintains, at minimum, the levels of
insurance specified under the contract.
3.2.4
Contractor shall perform a background screen of all service providers consisting
of (at minimum):
3.2.4.1 National Employee Database
3.2.4.2 SSN Verification
3.2.4.3 National Criminal Database Check
3.2.4.4 Two County Search
3.2.4.5 Sex Offender Search
3.2.4.6 Annual Review (National Criminal Database)
3.2.4.7 Two Year Complete Re-Screen and Renewal
3.2.4.8 Financial Background
3.2.5
Should a contractor utilize distributors, dealers, or subcontractors, the County (or
Participating Public Agencies) should issue work directly to the contractor.
3.3
PRODUCT CATEGORIES
3.3.1
The category descriptive examples below are not to be considered restrictive, but
rather, provide a general, non-inclusive, description of each category. These are
standard use in the residential, commercial, and industrial environments.
3.3.2
All products offered shall be new, unused, and of the latest design and technology.
3.3.3
Respondents shall submit their complete product line so that the County and
Participating Public Agencies may order a wide array of products as appropriate
for their needs. Respondents may not have the ability to provide all categories.
3.3.3.1 Respondents may subcontract items their firm does not supply.
$# % !
SERIAL# 260006-RFP
3.3.4
CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves,
cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters,
microwave ovens, food processors, disposals, trash compactors, and all ancillary
supplies, tools, and components.
3.3.5
CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timber), millwork, roofing, siding, plywood, paneling,
hardwood, trim, molding, fencing, decking, gates, brick, block, doors, windows,
bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles,
rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and
components.
3.3.6
CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges,
gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware,
springs), threaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters,
ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs,
cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all
ancillary supplies, tools, and components.
3.3.7
CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration,
thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and
components.
3.3.8
CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all
ancillary supplies, tools, and components.
3.3.9
CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, strippers, polishes, vacuums, brooms, mops, buckets,
gloves, carts, paper goods, and all ancillary supplies, tools, and components.
3.3.10 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), utility vehicles and
accessories, shovels, rakes, axes, hoes, hoses, nozzles, insect control,
herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and
all ancillary supplies, tools, and components.
3.3.11 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, motor controls, and all
ancillary supplies, tools, and components.
3.3.12 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wallpaper, caulking, spray equipment, aerosol
paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaners,
drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary
supplies, tools, and components.
$# % !
SERIAL# 260006-RFP
3.3.13 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, pipe repair and weatherization, water
heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs,
showers, shower doors, faucets, water conditioning equipment, water dispensing
equipment, salt, and all ancillary supplies, tools, and components.
3.3.14 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio
furniture, parts, and all ancillary supplies, tools, and components.
3.3.15 CATEGORY 12: TOOLS, HAND-HELD, AND GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories,
automotive type tools, welding equipment, testing and measuring tools, carts and
hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and
components.
3.3.16 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including
accessories, and all ancillary supplies and components.
3.3.17 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile,
hardwood, carpet tile, carpet and cove base; blinds, shades, screens, window
glass, mirrors, parts, and all ancillary supplies, tools, and components.
3.3.18 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed
and bath linens, housekeeping cleaning supplies, public restroom supplies, carts,
banquet and conference room supplies, guest room and suite furniture, fixtures,
and equipment, pool and patio equipment, and other hospitality supplies.
3.3.19 CATEGORY 16: WATER AND WASTEWATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection systems, flow
metering, gauges, grounds maintenance, hose, hydrants, lab chemicals,
equipment, and testing, location and leak detection, level and pressure, pipe,
plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools,
valves, and water treatment.
3.3.20 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: shelving (metal or wood composite), safety and
emergency equipment, first aid supplies, conditioning salt, scaffolding
(purchased), packaging supplies, communication supplies, electrical supplies,
lighting supplies, office products, and property management products.
3.4
PRODUCT ORDERING
3.4.1
Contractor(s) complete product line, wholesale or retail, shall be available for
internet ordering 24/7.
3.4.2
Products may be ordered by any of the following methods:
$# % !
SERIAL# 260006-RFP
3.4.2.1
Internet
3.4.2.2
Will call (phone or fax order)
3.5
PRODUCTS AND SERVICES PRICING
3.5.1
The County and Participating Public Agencies shall receive a detailed written
quotation for all services to be performed and products to be provided, when
requested or for special orders including services.
3.5.2
All quotations shall be for a “not to exceed” amount.
3.5.3
As an audit tool, the contractor(s) shall provide, upon customer request, a copy of
the most current R.S. Means Bare Cost Data for an individual quote, including any
city cost index adjustment, pertaining to all written quotations.
3.5.4
Wholesale
3.5.4.1
Discounts by product subcategory are set forth in Exhibit A – Vendor
Information and Pricing. Percentages are applied to the then-current
list price. All customers will be guaranteed our published list price,
minus the category discount in Exhibit A – Vendor Information and
Pricing; however, certain products requiring special processing, such
as design services, may be subject to tiered pricing based on volume.
3.5.4.2
List price on all stocked items shall remain fixed from approximately
March to March of each year. Stocked items are all items in the catalog
or on the website as “Next Day Delivery” (excluding refrigerant
products and other mutually agreed upon items). New pricing for each
year will be published during March of each year.
3.5.4.3
List price on all non-stocked items, which are items not identified in
the catalog or on the website as “next day delivery”, may be adjusted
at any time without notice. The discount percentages will remain fixed
for the duration of the Contract and will be applied to the list price in
effect at the time of sale.
3.5.4.4
Discount percentages will not apply to Special Orders, Promotional
Items, Renovations, Installations or Contract Priced Items. The list
price may be accessed by logging in to https://hdsupplysolutions.com/
or through the Easy Order App.
3.5.4.5
Notwithstanding the foregoing, including Section 3.5.4.2 above, in the
event Contractor’s cost of stocked items increases, including taxes,
freight, raw materials, handling, or other costs, and Contractor
provides written evidence of industry data indicating such cost
increases, Contractor may increase pricing of stocked items
consistent with such industry data at any time during the year. Any
proposed changes will be consolidated and provided to the County by
the tenth of each month, if changes are contemplated, for review and
approval not less than 10 business days prior to implementation. If
prices for multiple items are requested for an increase, Contractor
shall submit the items with initial pricing and requested change on a
spreadsheet with columns for approval and denial of such change.
Any changes rejected by County in writing prior to implementation
shall not be implemented, and Contractor shall have the option to
make such stocked items unavailable. Contractor shall also, without
direction from the County, advise the County of and implement any
price decrease of stocked items.
$# % !
SERIAL# 260006-RFP
3.5.4.6
Failure to reject any changes prior to implementation as provided
above shall be deemed as express approval by County of such
changes.
3.5.4.7
Due to the uncertain impact of tariffs referenced in https://ustr.gov,
pricing of stocked items may be adjusted from time to time. Any
changes will be provided to County for review and approval not less
than 10 business days prior to implementation. Any changes rejected
by County in writing prior to implementation shall not be implemented,
and Contractor shall have the option to make such stocked items
unavailable. Failure to reject any changes prior to implementation as
provided above shall be deemed express approval by County of such
changes.
3.5.4.8
All prices set forth in 2.0 Pricing Analysis Workbook shall be held firm
until October 4, 2026, or unless modified by the County.
3.5.5
Federal Funding Pricing
Due to products and services potentially being used in response to an emergency
or disaster recovery situation in which federal funding may be applied, provide
alternative pricing that does not include cost plus a percentage of cost or pricing
based on time and materials; if time and materials is necessary, a ceiling price that
the contract exceeds at its own risk will be needed, provided in a situation where
an agency is eligible. In the event of an emergency of disaster recovery situation,
an eligible agency and offeror will enter into a separate agreement for products
and/or services.
3.5.6
Special Offers/Promotions
3.5.6.1
In addition to decreasing prices for the balance of the contract term due
to a change in market conditions, contractor may conduct sales
promotions involving price reductions for a specified lesser period.
Contractor may offer the County and Participating Agencies competitive
pricing which is lower than the not-to-exceed price set forth herein at any
time during the contract term and such lower pricing shall not be applied
as a global price reduction under the contract.
3.5.6.2
Provide details of and propose additional discounts for volume orders,
special manufacturer’s offers, minimum order quantity, free goods
program, total annual spend, etc.
3.5.7
Equipment Offerings
3.5.7.1
Contractor shall identify any leasing/financing offerings available and the
pricing structure for each offer including but not limited to new or used
equipment, parts, accessories, services and repairs, or trade-ins.
4.0
PURCHASING REQUIREMENTS
4.1
Although this section reflects the purchasing requirements of the County, Participating
Public Agencies may have different requirements. Participating Public Agencies may elect
to negotiate certain terms to conform to their purchasing and contracting requirements.
4.2
DELIVERY
$# % !
SERIAL# 260006-RFP
4.2.1
Delivery is desired as soon as possible, and standard estimated delivery date is
provided on all order confirmations. County reserves the right to cancel any order
that fails to meet estimated delivery date at time of order.
4.2.2
The contractor shall retain control for carrier selection and payment of freight
charges of all goods until received by the County (or Participating Public Agency).
The contractor shall also file all claims for visible or concealed damage. Additional
freight charges may apply to a small number of bulky, hazmat, configurable items,
Special Order Products, or certain factory direct items as noted in the catalog or
on contractor website. Product that is shipped directly from the manufacturer to the
property may include additional freight charge. Additional freight charges must be
preauthorized by County. The County (or Participating Public Agency) will notify
the contractor in writing with 15 business days of receipt of any damaged goods
and shall assist the contractor in arranging for inspection of the goods.
4.2.3
Supplies or equipment shall be delivered during County business hours, Monday
through Friday, except on County recognized holidays.
4.2.3.1 Contractor shall have a process to provide emergency services.
4.2.4
Delivery shall be F.O.B. Destination Freight Prepaid. However, additional freight
charges may apply to a small number of bulky, hazmat, configurable items, Special
Order Products, or certain factory direct items as noted in the catalog or on our
website. Product that is shipped directly from the manufacturer to the property may
include additional freight charge. Additional freight charges must be preauthorized
by County.
4.2.4.1 Any handling fees shall also be included in the pricing.
4.2.4.2 Any requests for local delivery of orders placed at local stores may be
subject to local delivery fees, if applicable.
4.2.5
Shipping and handling fees are allowable to destinations outside the continental
U.S.
4.3
EXPEDITED DELIVERY
4.3.1
If the County (or Participating Public Agency) determines that expedited delivery
or other alternate shipping is required, it shall notify the contractor. The contractor
shall determine any additional costs associated with such delivery terms and
communicate that cost to the County.
4.3.2
The County (or Participating Public Agency) shall not advise the contractor to
proceed with an expedited shipment until acceptable terms are agreed upon and
a purchase order is issued. Upon agreeing to the additional costs, the County shall
advise the contractor to proceed.
4.3.3
Upon receipt of material(s) and invoicing, the County (or Participating Public
Agency) shall ensure that any additional charges are in compliance with and do
not exceed agreed to costs. The County shall retain all documents related to these
costs.
4.4
PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
contractor fails to perform.
4.5
SHIPPING DOCUMENTS
$# % !
SERIAL# 260006-RFP
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
4.5.1
Contract serial number
4.5.2
Contractor’s name and address
4.5.3
County department (or Participating Public Agency) name and address
4.5.4
County department (or Participating Public Agency) purchase order number
4.5.5
A description of product(s) shipped, including item number(s), quantity(ies),
number of containers, and package number(s), as applicable
4.6
SHIPPING TERMS
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s)
stipulated on the purchase order. However, additional freight charges may apply to a small
number of bulky, hazmat, configurable items, Special Order Products, or certain factory
direct items as noted in the catalog or on our website. Product that is shipped directly from
the manufacturer to the property may include additional freight charge. Additional freight
charges must be preauthorized by County. All delivery locations are within Maricopa
County.
4.7
OPERATING MANUALS
Upon delivery, contractor shall provide comprehensive operational manuals, service
manuals, and schematic diagrams, if required by the department.
4.8
INSTALLATION
The contractor shall be responsible to install and present for inspection all equipment in a
complete and ready-for-use condition with all components functioning, cleaned, and tested.
The contractor’s price shall include delivery and installation of all equipment in complete
operating condition.
4.9
ACCEPTANCE
Upon delivery and successful installation, the material(s) shall be deemed accepted and
the warranty period shall begin. Successful installation shall be defined as a) the
material(s)/equipment is installed (as necessary) and fully operational; and b) initial
training, if any, is complete. All documentation shall be completed prior to final acceptance.
4.10
CONTRACTOR EMPLOYEE MANAGEMENT
4.10.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
4.10.2 If contractor personnel’s employment status changes, contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
4.10.3 Under no circumstances shall the implementation schedule be impacted by a
personnel change on the part of the contractor.
4.10.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County, which shall not be unreasonably withheld.
4.10.5 County reserves the right to immediately remove from its premises any contractor
personnel it determines to be a risk to County operations.
$# % !
SERIAL# 260006-RFP
4.10.6 County reserves the right to request the replacement of any contractor personnel
at any time, for any reason.
4.11
TRAINING
The contractor shall provide training services to completely train County personnel in the
use and care of the equipment. All training shall take place on-site in Maricopa County
unless otherwise negotiated with County.
4.12
WARRANTY
4.12.1 All items furnished under this contract shall conform to the requirements of this
contract.
4.12.2 The warranty period for workmanship shall be for an initial period of 12 months
and commence upon prompt acceptance by County. Contractor shall provide all
manufacturer warranty information.
4.12.2.1 The contractor shall indicate in Exhibit A – Vendor Information and
Pricing the duration of the warranty and any applicable limitations or
conditions which may apply.
4.12.2.2 The contractor agrees that it will, at its own expense, provide all labor
and parts required to remove, repair, or replace and reinstall any such
defective workmanship which becomes or is found to be defective during
the term of this warranty.
4.12.2.3 Notwithstanding the foregoing, with respect to the goods provided
hereunder, Contractor is a reseller of goods only, and as such does not
provide any warranty for the goods it supplies hereunder.
Notwithstanding this As-Is limitation, Contractor shall pass through to
County any transferable manufacturer's standard warranties with
respect to goods purchased hereunder. EXCEPT AS SET FORTH
HEREIN
AND
WHERE
APPLICABLE,
NO
WARRANTY
OR
AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED,
IS MADE OR AUTHORIZED BY CONTRACTOR. COUNTY AND
PERSONS CLAIMING THROUGH COUNTY (COLLECTIVELY, "
CLAIMANT") SHALL SEEK RECOURSE EXCLUSIVELY FROM THE
RELEVANT MANUFACTURER(S) IN CONNECTION WITH ANY
DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE
EXCLUSIVE RECOURSE OF CLAIMANT FOR DEFECTIVE GOODS,
WHETHER THE CLAIM SHALL SOUND IN CONTRACT, TORT,
STRICT
LIABILITY,
PURSUANT
TO
STATUTE,
OR
FOR
NEGLIGENCE. COUNTY SHALL PASS THESE TERMS TO
SUBSEQUENT BUYERS AND USERS OF GOODS. CONTRACTOR
EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE
AND
NON-INFRINGEMENT
OF
INTELLECTUAL PROPERTY RIGHTS. CONTRACTOR ASSUMES NO
RESPONSIBILITY WHATSOEVER FOR INSTALLATION OF GOODS,
USE, MISUSE, ALTERATION OR MODIFICATION OF GOODS, OR
CONTRACTOR'S
INTERPRETATION
OF
PLANS
OR
SPECIFICATIONS PROVIDED BY COUNTY. CONTRACTOR DOES
NOT CERTIFY OR GUARANTEE THAT ANY GOODS COMPLY WITH
ANY STATUTES, LAWS, CODES, ORDINANCES OR REGULATIONS.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO
EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT
$# % !
SERIAL# 260006-RFP
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY
OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS,
SHALL CONTRACTOR BE LIABLE FOR (a) ANY INCIDENTAL,
INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SIMILAR
DAMAGES SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEYS'
FEES OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE
FORESEEABLE OR CAUSED BY CONTRACTOR'S BREACH OF
THIS AGREEMENT, (b) ANY CLAIM THAT PROPERLY IS A CLAIM
AGAINST A MANUFACTURER, OR (c) ANY AMOUNT EXCEEDING
THE AMOUNT PAID TO CONTRACTOR FOR GOODS FURNISHED
TO COUNTY THAT ARE THE SUBJECT OF SUCH CLAIM(S). ALL
CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF ACCRUAL
OF A CAUSE OF ACTION.
4.13
MAINTENANCE
Intentionally omitted.
4.14
FACTORY AUTHORIZED SERVICE AVAILABILITY
Intentionally omitted.
4.15
TRADE-INS
Intentionally omitted.
4.16
USAGE REPORT
The contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
4.17
BACKGROUND CHECK
Bidders/proposers may be required to pass multiple background checks (e.g. Sheriff’s
Office, County Attorney's Office, Courts, as well as Maricopa County general government)
to determine if the respondent is acceptable to do business with the County. This applies
to, but is not limited to, the company, subcontractors, and employees, and the failure to
pass these checks shall deem the respondent non-responsible.
$# % !