Agreement - Linking Agmt for Proforce 2023
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THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND PROFORCE MARKETING, INC. D/B/A PROFORCE LAW ENFORCEMENT day of , 2023, between the City of Glendale, an Arizona municipal corporation (the “City”), and Proforce Marketing, Inc., doing business as Proforce Law Enforcement, a(n) Arizona corporation authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS On July 25, 2019, under the S.A.V.E Cooperative Purchasing Agreement, Maricopa County entered into a contract with Contractor to purchase the goods and services, described in Serial 190291-C (“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other governmental agencies including the City. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. The City desires to contract with Contractor for supplies or services identical, or nearly identical, to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. The City is purchasing supplies and/or services ftom Contractor pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement, purchases can be made by governmental entities from the effective date of award, which was August 1, 2019, until the date the contract expires on July 31, 2024, unless the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative Purchasing Agreement, however, may not be extended beyond July 31, 2024. The initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement until July 31, 2024. Glendale renewals are not automatic and shall only occur if the City gives the Contractor 1/2/2020 notice of its intent to renew. The City may give the Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such renewal. e of Work; Term. nditi cifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications ate specifically incorporated into and are an enforceable part of this Agreement. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed fifty thousand dollars ($50,000) annually or one hundred thousand dollars ($100,000) for the entire term of the Agreement (initial term plus any renewals). Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. Non-discrimination. Contractor must not discriminate against any employee ot applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. § 41-4401. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 4/29/2021 10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’ respective authorized representatives at the address listed below: City of Glendale Police Department c/o Chief of Police 6835 North 57" Drive Glendale, Arizona 85301 And Proforce Law Enforcement c/o Amanda Cronkhite 2625 Stearman Drive Prescott, Arizon 86301 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale, an Arizona Proforce Law Enforcement, municipal corporation an Arizona corporation Kevin R. Phelps € Mark Salazar. 7 City Manager Title: Vice President of Sales ATTEST: Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: Michael D. Bailey City Attorney 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND PROFORCE MARKETING, INC. D/B/A PROFORCE LAW ENFORCEMENT EXHIBIT A (Maricopa County, Contract for MCSO Service Pistols, Rifles & Accessories, Serial 190291-C) 4/29/2021 SERIAL 190291-C MCSO SERVICE PISTOLS, RIFLES & ACCESSORIES DATE OF LAST REVISION: July 28, 2022 CONTRACT END DATE: July 31, 2024 CONTRACT PERIOD THROUGH JULY 31, 2624 2622 2024 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for MCSO SERVICE PISTOLS, RIFLES & ACCESSORIES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on July 25, 2019 (Eff. 08/01/19). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. Rema “Tipe Kevin Tyne, Chief Procurement Officer Office of Procurement Services RN/mm Attach Copy to: Office of Procurement Services Chuck Mayper, MCSO (Please remove Serial 13003C & 14012C from your contract notebooks) Maricopa County Office of Procurement Services www.miaricopa.zov Chief Procurement Officer 160 South 4"* Avenue Phoenix, AZ 85003 Phone: (602) 506-3967 Fax: (602) 506-6766 July 28, 2022 We are pleased to notify you that Maricopa County has renewed your contract to supply the MCSO SERVICE PISTOLS, RIFLES & ACCESSORIES as indicated on the attached award sheet with an effective date of August 01, 2022. In accordance with the bid specifications, purchasing documents will be forwarded to you covering the specific items of this award, which will include deliveries and terms. If you have any questions regarding Serial 190291-C please contact Robert Namor at (602) 506-8707. Sincerely, fees. HM. Molina for Robert Namor, Procurement Officer Office of Procurement Services RN/mm Attachments ce: Office of Procurement Services re: Serial 190291-C SERIAL 190291-C PROFORCE MARKETING, INC. DBA: PROFORCE LAW ENFORCEMENT 2625 STEARMAN ROAD SUITE A PRESCOTT, AZ 8630] COMPANY NAME: Proforce Marketing, Inc. DOING BUSINESS AS (DBA): Proforce Law Enforcement MAILING ADDRESS: 2625 Stearman Road Suite A Prescott, AZ 86301 REMIT TO ADDRESS: TELPHONE NUMBER: 800-367-5855 FAX NUMBER: 928-445-3468 WWW ADDRESS: www.proforceonline.com REPRESENTATIVE NAME: BethMeisheid Mary Tappan REPRESENTATIVE TELEPHONE NUMBER: 928-776-7192 928-478-1098 REPRESENTATIVE EMAIL ADDRESS sales@proforceonline.com YES | NO | REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS Go rc CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: cr r NET 30 Unit Unit Price Title Price Eff 8/1/22 Qty | UofM Bidder Notes List exact model/part number: PA1750702 Additional Glock Gen 5 G17 Standard | $409.00 50 each | 1 formation: BID AS SPECIFIED List exact model/part number: MEFFHF MF10117 Glock OEMIGI mm $17.00 75 | each | Additional Information: BID AS SPECIFIED Additional Magazines BID AS SPECIFIED iI List exact model/part number: X300U-A oe “ — $206.93 | $251.22 | 75 | each | Additional Information: BID AS SPECIFIED andgun light BID AS SPECIFIED . List exact model/part number: 7377-832-4H. 7377- Safariland Concealment 8325-411 6004-22-2 Belt Slide Holster/weapon Additional Information: BID AS SPECIFIED light compatable wQLs | 84643 | $56.76 | 75 | each | Bin As SPECIFIED mtg sys. 7377-832-441/412 7377-8325-411/412 6004-22-2 List exact model/part number: 200476 200180 Aimpoint Micro T2 $635-72 | $689.85 100 | each | Additional Information: BID AS SPECIFIED BID AS SPECIFIED NO MOUNT. Optic Mount: LaRue : . List exact model/part number: LT660 Taccal ED TOB01S Co- SH286 | $144.43 | 100 | each | A caitional Information: BID AS SPECIFIED Witness QD mount Rifle Light: Surefire M600 List exact model/part number: M600V-B-Z68-BK Ultra Scout Light $206.93 | $359.11 | 100 | each | A Gditional Information: BID AS SPECIFIED Surefire SRO7 Remote : List exact model/part number: SRO7 tee for Weapon | $7616 | $78.56 | 75 | each | Additional Information: BID AS SPECIFIED MAGPUL PMAG 30 List exact model/part number: MAGS71IBLK. AR/M4 GEN M2 MOE $925 | $10.39 | 75 | each | Additional Information: BID AS SPCIFIED Patrol Rifle: Smith & List exact model/part number: 11600 Wesson M&P 15T $703:30 | $846.84 | 100 | each | A ceitional Information: BID AS SPECIFIED Tactical With M-LOK SERIAL 190291-C PROFORCE MARKETING, INC. DBA: PROFORCE LAW ENFORCEMENT All other manufacturers 1-35% off MSRP ‘ Unit Unit Price . Title Price Eff 8/1/22 Qty | UofM | Bidder Notes Sig Sauer Romeo 4 H 1X List exact model/part number: SOR43011 20mm $224.06 | $288.87 | 100 | each | 4 dditional Information: BID AS SPECIFIED Streamlight Pro Tac 2 List exact model/part number: 88059 Long mount gun light $8905 | $93.51 | 100 | each | ‘Additional Information: BID AS SPECIFIED Blue Force Gear Vickers as List exact model/part number: VCAS-125-OA-BK Combat Application 2- $40.07 25 | each | Additional Information: BID AS SPECIFIED point Sling (Vickers Sling) Smith and Wesson M & P List exact model/part number: 11518 9mm Model 2.0 $408.25 | $468.69 | 100 | each | A ditional Information: BID AS SPECIFIED M & P 9mm Additional List exact model/part number: 19440 Magazines 4400 | $22.87 | 150 | each | A cditional Information: BID AS SPECIFIED Parts- (applies to all vas a manufacturers for SWAT 1 each ye recaneal SEE ATTACHED FOR and Patrol items) Additional Information: PER HOUR S& W Repairs- (hourly rate) $25.00 $40.00 1 hour | ALL REPAIRS AND WARRANTY ISSUE GO THROUGH MANUFACTURER Discount Schedule off Glock 5% off (parts) Surefire S% off (Batteries) Surefire 25% off (Lights) Safariland 30-33% off Aimpoint 20% off Magpul 20% off S&Ww 25% off (Firearms) S&W % off (Varies per part numbers) Sig Sauer 11% off (Firearms) Sig Sauer % off (Varies per part number) PRICING SHEET: NIGP CODES: 68052 Terms: Vendor Number: Certificates of Insurance Contract Period: NET 30 VC0000008693 Required To cover the period ending July 31, 2024 2022 2024, SERIAL 190291-C MCSO SERVICE PISTOLS, RIFLES & ACCESSORIES 1.0 2.0 INTENT: The intent of this Invitation for Solicitation is to establish a contract for: Purchase of new Service Pistols, Rifles & Accessories as listed herein and discounted from published catalog(s), and repairs. No substitutions or “like” products shall be accepted. 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. Other governmental entities under agreement with the County may have access to services provided hereunder, The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. SPECIFICATIONS: SWAT DIVISION PISTOLS, PISTOL ACCESSORIES AND RIFLE ACCESSORIES: 21 Model: Glock Gen 5 G17 Standard 2.4.1 Caliber: 9mm 2.1.2 Barrel Length: 4.49 inches 2.1.3 Capacity: 17+1 2.1.4 Magazine: 17 round capacity — 6 magazines per pistol 2.1.5 Front sight: Tritium night sight 2.1.6 Rear sight: 2 dot tritium night sight 2.1.7 Finish: Black 2.1.8 Expected Quantity: 50 2.2 ACCESSORIES (Pistol): 2.2.1 Glock OEM G17 9mm Additional Magazines 2.2.1.1 17 round capacity 2.2.1.2 No aftermarket manufactured magazines shall be accepted 2.2.1.3 Expected Quantity: 75 2.2.2 Surefire X300U-A Handgun light 2.2.2.1 Light output: 1000 Lumen LED light output 2.2.2.2 Run time: 1.25 hours runtime 2.2.2.3. Ambidextrous momentary and constant on activation 2.2.2.4 Attachment/Mounting: 2.2.2.4.1 Rail Lock mounting system with ability to attach to Universal or Picatinny rails 2.2.2.5 Battery: 2,.2.2.5.1 2 Lithium 123A batteries 2.2.2.6 Dimensions: 2.2.2.6.1 Bezel Diameter: 1.125 inches Length: 3.60 inches Weight with batteries: 4 ounces 2.2.2.7 Color: 2.2.2.7.1 Black 2.2.3 2.2.2.8 SERIAL 190291-C Expected Quantity: 75 HOLSTER 2.2.3.1 Safariland Concealment Belt Slide Holster/weapon light compatible with QLS mounting system. 2.2.3.1.1 | Model 7377 7TS ALS (Black, left- and right-hand draw) 2.2.3.1.2 | Quick Locking System Kit (QLS) 2.2.3.1.3 Expected Quantity: 75 23 ACCESSORIES (Rifle): 23.1 2.3.2 2.3.3 Optic: Aimpoint Micro T2 2.3.1.1 2.3.1.2 2.3.1.3 2.3.1.4 2.3.1.5 2.3.1.6 Optical Specifications Operating principal: Reflex collimator sight with LED Dot size: 2 MOA Magnification: 1x Optical Coating: Anti-reflex, all surfaces and multilayer. Aperture: .71 inches/clear lens. Dot color: Peak Wavelength 655 +/- 15 nm (Red) Eye relief: Unlimited Electronic Data: Battery type: 3V Lithium Battery (CR2032) Battery Life: 5 years. Power intensity: 4 NVD and 8 Daylight Mechanical Data Surface finish: Hard anodized matte Adjustment: 1 click = % inch at 100 yards Environmental Data: Temperature Range (Operational): 49F— 160F Water Resistance: Submersible to 80 feet Dimensions; Length: 2.7 in Width: 1.6 in Height: 1.4 in Weight w/battery: 3.3 ounces Expected Quantity: 100 Optic Mount: LaRue Tactical LT660 1/3 Co-Witness QD mount 2.3.2.1 Expected Quantity: 100 Rifle Light: Surefire M600 Ultra Scout Light 2.3.3.1 2.3.3.2 Light output: 1000 Lumen LED light output Run time: 1.25 hours runtime 2.3.4 2.3.5 SERIAL 190291-C 2.3.3.3. Ambidextrous momentary and constant on activation 2.3.3.4 Attachment/Mounting: 2.3.3.4.1 Attaches to MIL-STD-1913 rail with integral thumb screw clamp 2.3.3.5 Battery: 2.3.3.5.1 2, 123A batteries 2.3.3.6 Dimensions: 2.3.3.6.1 Bezel Diameter: 1.125 inches Length: 5.5 inches Weight with batteries: 4.8 ounces 2.3.3.7 Color: 2.3.3.7.1 Black 2.3.3.8 Expected Quantity: 100 Surefire SRO7 Remote Dual Switch for Weapon Light (Attaches to scout light): 2.3.4.1 Operation 2.3.4.1.1 Provides momentary and constant on light capability. 2.3.4.2 Expected Quantity: 75 MAGPUL PMAG 30 AR/M4 GEN M2 MOE 2.3.5.1 Capacity: 30 round magazines, 2.3.5.2 Color: Black 2.3.5.3 Expected Quantity: 75 3.0 SPECIFICATIONS: PATROL MCSO RIFLES, PISTOLS, AND ACCESSORIES: 3.1 TECHNICAL REQUIREMENTS (PATROL RIFLE): Brand: Smith & Wesson Model: M&P 15T Tactical With M-LOK Caliber: 5.56 mm NATO/.223 Capacity: 30 Rounds — Detachable Magazine Action: Gas Operated Semi — Auto Barrel Length: 16°/40.6 cm Barrel Twist: 1 in 8” 5R Rifling Front Sight: Folding magpul@ MBUS Rear Sight: Folding magpul® MBUS 3.2 3.1.10 3.1.11 3.1.12 3.1.13 3.1.14 3.1.15 3.1.16 3.1.17 3.1.18 SERIAL 190291-C Overall Length: 36.6 “ Stock: 6-position CAR Weight: 107.3 oz/3,041g Barrel Material: 4140 Barrel Finish: Armornite Receiver Material: 7075 T6 Aluminum Receiver Finish: Hard Coat Black Anodized Polymer Components: Black Chromed Components: Gas Key, Bolt Carrier FEATURES 3.1.19 3.1.20 3.1.21 Mid-Length gas system 13” M&P, Slim, Modular Free Float Rail System with Magpul M-LOK Capability 3.1.20.1 2” M-LOK Picatinny-Style Rail Included 3.1.20.2 Magpul MBUS front and rear sights 3.1.20.3 Patented S&W Flash Suppressor 3.1.20.4 Armornite Finish and Barrel- Interior and Exterior Expected Quantity; 100 TECHNICAL REQUIREMENTS (OPTICS): 3.2.1 3.2.2 3.2.3 3.2.4 Sig Sauer Romeo 4 H 1X 20mm Optical Data: 3.2.2.1 1X 20MM 3.2.2.2. 2MOA and IMOA Electronic Data: 3.2.3.1 Battery: CR2032 3.2.3.2 Battery Life: 50,000 hours 3.2.3.3 Dot intensity regulator: push button 3.2.3.4 Settings: 10 day/2 days NV Mechanical Data: 3.2.4.1 Adjustment: 1 click = 4” at 100 yards 3.3 3.4 3.2.5 3.2.6 3.2.7 SERIAL 190291-C 3.2.4.2. Mounting Method:1.41 inches True co-witness QR mount and low mount included for M1913 standard Picatinny rail with spacer for AR15/M4 application Environmental Data: 3.2.5.1 Water Resistance: Submersible to 66 feet for 30 minutes Dimensions: 3.2.6.1 Length: .3” 3.2.6.2 Weight: 6.2 oz including mount and spacer 3.2.6.3 Ring Diameter: 20 mm Expected Quantity: 100 TECHNICAL REQUIREMENTS (MOUNTED LIGHTS): 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.3.10 Streamlight Pro Tac 2 Long mount gun light Light Output: 3.3.2.1 High Setting: 625 lumens Run Time: 3.3.3.1 High setting: 1.50 hours , Low 21 hours Momentary Only Button/Activation Switch/pressure pad Mounting: 3.3.5.1 NAR/MIL-STD-1913 rail compatible Battery: 3.3.6.1 2 Lithium 123A Dimensions: 3.3.7.1 Bezel Diameter: .125 in. 3.3.7.2. Length: 5.00” 12.7 cm 3.3.7.3 Weight: 5.0 oz/141.7 grams Color: 3.3.8.1 Black Expected Quantity: 100 SLING ATTACHMENT PARTS: 3.4.1 CVLIFE M-Lok sling Mount Sling Swivel Adapter attachment for M-Lok Rail. TYPE: Swivel, Weight: 50g, Brand: CVLIFE, Size: 2x2 inches, Features: Machined from mil- spec aluminum alloy, beveled edges reduce snagging. Sling Swivel can be rotated 90 3.5 3.6 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6 3.4.7 3.4.8 3.4.9 3.4.10 SERIAL 190291-C degrees and stopped by releasing QD button to control position. An anti-rotation design prevents swivels from spinning. Package includes: 1 QD M-Lok mount, 1 sling swivel, 1 wrench. (will need one for each rifle) Expected Quantity: 100 Blue Force Gear Vickers Combat Application 2-point Sling. (Vickers Sling) 3.4.3.1 Part number VCAS-125-OA-BK 3.4.3.2 Color: Black. 3.4.3.3 Unpadded. 3.4.3.4 Nylon hardware. Expected Quantity: 25 Blue Force Gear Push Button QD Sling Swivel. 3.4.5.1 Part number P-PB-125 3.4.5.2 Hardware size: 1.25” 3.4.5.3 Request for (2) QD swivels per sling. Expected Quantity: 25 Magpul Back up Iron Sights MBUS Pro front sight. Color: Black. MBUS Pro rear sight. Color Black. Expected Quantity: 25 PISTOL SPECIFICATIONS: 3.5.1 3.5.2 Model: Smith and Wesson M&P 9mm Model 2.0 3.5.1.1 Caliber: 9mm 3.5.1.2 Barrel Length: 4.25” 3.5.1.3 Capacity: 17 + 1 round 3.5.1.4 Magazines: 17 round — 3 magazines per pistol 3.5.1.5 Front Sight: Tritium 3.5.1.6 Rear Sight: Tritium 3.5.1.7 Finish: Slide and Barrel Black, 68HRe Expected quantity: 100 ACCESSORIES: 3.6.1 M&P 9mm Additional Magazines SERIAL 190291-C 3.6.1.1 17 Round 3.6.1.2 Expected Quantity: 150 3.6.2 No aftermarket manufactured magazines shall be accepted. 3.7 SAMPLES: The Contractor may be requested to furnish samples of material(s) bid for examination by the County. Any materials so requested shall be furnished within five,(5) working days from the date of request and furnished at no cost, (including return shipping) to the County and sent to the address designated in the requesting correspondence. Section below applies to all manufacturers for SWAT and Patrol items: PARTS 3.7.1 Provide discounts from published catalogs for OEM and Aftermarket parts for all internal/external components, including accessories for the rifles and pistols. REPAIRS 3.7.2 Provide an hourly rate for repair services at your facility, inclusive of return freight to the designated MCSO facility. Parts shall be priced per the discount established in the price line items, MODEL SPECIFICATIONS AND SUBSTITUTIONS: 3.7.3 In order to ensure MCSO Deputy safety and dependability, the products provided by Contractor shall be the exact model/part number listed above. No substitutions or like products shall be accepted. 3.8 SALES LITERATURE/ MANUFACTURER TECHNICAL MATERIAL: The Contractor shall provide copies of its sales literature and brochures and copies of any manufacturer’s technical and/or descriptive literature regarding the material(s) the Contractor proposes to provide, Literature shall be sufficient in detail to allow for full and fair evaluation of the materiai(s) submitted, and must be included with the bid. Failure to include this information may result in the bid being rejected. 4.0 PURCHASING REQUIREMENTS: 41 DELIVERY: 4.1.1 Delivery is desired as soon as possible, and shall be stipulated on the Purchase Order, Contractor shall notify County Representative listed on the order if the requested delivery date cannot be met and the anticipated lead time. Packing shall be accomplished in accordance with acceptable commercial practices for domestic shipments, unless otherwise stated in the contract or purchase order. The vendor shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation and routing. It shall be the vendor’s responsibility to determine that packing is adequate to assure that all materials shall arrive at destination in an undamaged condition ready for intended use. All packages shall be identified with the MCSO purchase order number. Failure to communicate to County changes in the order status may result in default proceedings. 4.1.2 Supplies or equipment shall be delivered between the hours of 6:00 A.M_and 2:00 P.M. M.S.T., Monday through Friday, except on County recognized holidays. 42 43 44 45 46 SERIAL 190291-C 4.1.3 Bid price(s) and terms shall be F.O.B. Destination Prepaid at: MCSO Firearms Division 26900 Buckeye Hills Drive Buckeye, AZ 85337 *Unless otherwise stated on the individual purchase order. Alternate delivery location is MCSO Swat Division 3335 West Durango Phoenix, AZ 85009 EXPEDITED DELIVERY: 4.2.1 If the Department 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 Department. 4.2.2 The Department 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 Department shall advise the Contractor to proceed. 4.2.3 Upon receipt of material(s) and invoicing, the Department shall ensure that any additional charges are in compliance with and do not exceed agreed to costs. The Department shall retain all documents related to these costs within the agency purchase file. SHIPPING DOCUMENTS: A packing list or other suitable shipping document shal! accompany each shipment and shall include the following: 4.3.1 Contract Serial number. 4.3.2 Contractor’s name and address. 4.3.3 Department name and address. 4.3.4 Department purchase order number. 4.3.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers and package number(s), as applicable. SHIPPING TERMS: Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s) stipulated on the Purchase Order. All delivery locations are within Maricopa County. OPERATING MANUALS: Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Department. 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 a complete operating condition. 47 4.8 49 4.10 4.11 4.12 4.13 SERIAL 190291-C SAMPLES: The Contractor may be requested to furnish samples of material(s) bid for examination by the County. Any materials so requested shall be furnished within five (5) working days from the date of request and furnished at no cost, (including return shipping) to the County and sent to the address designated in the requesting. TESTING: Unless otherwise specified, materials purchased will be inspected by the Department to ensure the materials meet the quality and quantity requirements of the Specifications. When deemed necessary by the County, samples of the materials may be taken at random from stock received for submission to a commercial laboratory or other appropriate agency for analysis and tests as to whether the materials conform in all respects to the Specifications. In cases where commercial laboratory reports determine that the materials do not meet the Specifications, the expense of such analysis shall be borne by the Contractor. ACCEPTANCE: Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance. WARRANTY: 4.10.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship. 4.10.2 The warranty period for workmanship and materials shall be for an initial period of twelve (12) months and commence upon acceptance by County. 4.10.2.1_ The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply. 4.10.2.2 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 and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations. MODEL / YEAR OF MATERIALS: The County will only accept bids offering current model/year equipment/material(s). TRADE-INS: Trade-in programs for weapons and/or accessories, as may be offered from time to time from a Contractor, may be considered by the County and accepted at its option under this contract. ORDER LEAD-TIME NOTIFICATION: Contractors submitting bids shall advise the County of lead-time(s) for the required items specified in this solicitation at the time of bid submission. Notification of any changes to lead time (learned after submission of bid) shall also be the Contractor’s responsibility. The Contractor shall also notify all County Representatives included on Purchase Orders of lead-time information. If the item(s) become no longer available, Contractor shall notify County of the last available ordering date for the item(s). 4.14 4.15 4.16 SERIAL 190291-C USAGE REPORT: The Contractor shal! 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. INVOICES AND PAYMENTS: 4.15.1 4.15.2 4.15.3 4.15.4 4.15.5 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: * Company name, address and contact * County bill-to name and contact information * Contract serial number * County purchase order number Invoice number and date Payment terms Date of service or delivery Quantity (number of days or weeks) Contract Item number(s) Description of purchase (product or services) Pricing per unit of purchase Freight (if applicable) Extended price Total amount due cee ewe Problems regarding billing or invoicing shall be directed to the Department as listed on the Purchase Order. 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 Ped Department of Finance Vendor Registration Web Site (https://www.maricopa.gov/5169/Vendor- Information). Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. APPLICABLE TAXES: 4.19 4.20 SERIAL 190291-C 4.16.1 It is the responsibility of the contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona, Tax is not a determining factor in contract award. 4.16.2 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 shall 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. 4.16.3 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, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or state and local laws and regulations, and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and Workers’ Compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City 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). POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Department to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($A VE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. 5.0 421 4.22 SERIAL 190291-C INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the Contract under its procurement Tules, processes and procedures, VOLUNTARY EMPLOYEE DISCOUNTS: 4.22.1 Vendors 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. 4.22.2 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 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. CONTRACTUAL TERMS & CONDITIONS: 5.1 5.2 5.3 34 CONTRACT TERM: The contract term will be for a period of two (2) consecutive year(s). OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract with up to three (3), one (1) year options to renew for a total maximum of five (5) years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. PRICE ADJUSTMENTS: All pricing to remain firm for a period of one (1) year from contract award. Any requests for teasonable price adjustments must be submitted sixty (60) calendar days prior to the Contract expiration or annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract.