Vendor Signed Agreement
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C
AGREEMENT FOR
FEDERAL AMMUNITION
City of Glendale Solicitation No. IFB 25-11
This Agreement for Federal Ammunition ("Agreement") is effective and entered into between CITY OF
GLENDALE, an Arizona municipal corporation ("City"), and San Diego Police Equipment Co. Inc., a California
corporation, authorized to do business in the State of Arizona, ("Contractor"), as of the _____ day of ____________,
2024.
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. IFB 25-11 (the "Project");
B.
City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto; and
C.
City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
1.
Key Personnel; Sub-contractors.
1.1
Services. Contractor will provide all services necessary to assure the Project is completed timely and
efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
1.2
Project Team.
a.
Project Manager.
(1)
Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to complete the Project and handle all aspects of the
Project (as determined by the City in its sole discretion); such that the work
produced by Contractor is consistent with applicable standards as detailed in this
Agreement;
(2)
The City must approve the designated Project Manager; and
(3)
To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
b.
Project Team.
(1)
The Project Manager and all other employees assigned to the project by Contractor
will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
c.
Discharge, Reassign, Replacement.
(1)
Contractor acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in the response to the Project's
solicitation.
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(2)
Contractor will not discharge, reassign or replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
(3)
Contractor will change any of the members of the Project Team at the City's request
if an employee's performance does not equal or exceed the level of competence that
the City may reasonably expect of a person performing those duties or if the acts or
omissions of that person are detrimental to the development of the Project.
d.
Sub-contractors.
(1)
Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2)
Contractor will remain fully responsible for Sub-contractor's services.
(3)
Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4)
Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
2.
Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Contractor’s Work.
3.1
Standard. Contractor must perform services in accordance with the standards of due diligence, care,
and quality prevailing among contractors having substantial experience with the successful furnishing
of services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.
3.2
Licensing. Contractor warrants that:
a.
Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and
b.
Neither Contractor nor any Sub-contractor has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2)
Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.
3.3
Compliance. Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards and
criteria designated by City.
Contractor must not discriminate against any employee or 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.
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3.4
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional services,
Contractor will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").
b.
Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c.
For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
3.5
Work Product.
a.
Ownership. Upon receipt of payment for services furnished, Contractor grants to City, and
will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals, surveys,
estimates, reviews, minutes, all "architectural work" as defined in the United States Copyright
Act, 17 U.S.C § 101, et seq., and other intellectual work product as may be applicable ("Work
Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Contractor warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b.
Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
City Use.
(1)
City may reuse the Work Product at its sole discretion.
(2)
In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
(3)
In such case, City shall also remove any seal and title block from the Work Product.
4.
Compensation for the Project.
4.1
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $1,150,000, as specifically detailed in Exhibit B (the "Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a.
Adjustments to the Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.
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5.
Billings and Payment.
5.1
Applications.
a.
Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on the
last day of the month or as specified in the solicitation.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Contractor and its Sub-contractors; and
(2)
Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by delivering
a written termination notice stating the Effective Termination date, which may not be less than 30
days following the date of delivery.
a.
Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b.
Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of the
required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.
a.
Contractor will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Contractor for Service and Repair furnished, City will pay the
amount due to Contractor, less City's damages, in accordance with the provision of § 5.
b.
If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject to
consequential damages of more than $1,000,000 or the amount of this Agreement, whichever
is greater.
7.
Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
8.
Insurance.
8.1
Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance"):
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a.
Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.
b.
General Liability.
(1)
Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $1,000,000 per occurrence and
$2,000,000 annual aggregate for each property damage and contractual property
damage.
(2)
Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $1,000,000 per occurrence.
(3)
This commercial general liability insurance must include independent contractors'
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4)
These limits may be met through a combination of primary and excess liability
coverage.
c.
Auto. A business auto policy providing a liability limit of at least $1,000,000 per accident for
Contractor and $1,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d.
Workers' Compensation and Employer's Liability. A workers' compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law.
e.
Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:
(1)
Cancellation or termination of Contractor or Sub-contractor's Policies;
(2)
Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3)
Any other material modification of Contractor or Sub-contractor's Policies related
to this Agreement.
f.
Certificates of Insurance.
(1)
Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of Contractor
and Sub-contractor's Policies in accordance with the provisions of this section, and
copies of the endorsements of Contractor and Sub-contractor's Policies in
accordance with the provisions of this section.
(2)
City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
(3)
Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as required will constitute a material default under the
Agreement.
g.
Other Contractors or Vendors.
(1)
Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.
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(2)
This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g., the requirements pertaining to endorsements to name the
parties as additional insured parties and certificates of insurance).
h.
Policies. Except with respect to workers' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.
(1)
The coverage extended to additional insureds must be primary and must not
contribute with any insurance or self insurance policies or programs maintained by
the additional insureds.
(2)
All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.
8.2
Sub-contractors.
a.
Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
b.
City may consider waiving these insurance requirements for a specific Sub-contractor if City
is satisfied the amounts required are not commercially available to the Sub-contractor and
the insurance the Sub-contractor does have is appropriate for the Sub-contractor's work
under this Agreement.
c.
Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.
8.3
Indemnification.
a.
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties"), for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense"; collectively, "Demands or Expenses") asserted by
a third-party (i.e. a person or entity other than City or Contractor) and that arises out of or
results from the breach of this Agreement by the Contractor or the Contractor’s negligent
actions, errors or omissions (including any Sub-contractor or other person or firm employed
by Contractor), whether sustained before or after completion of the Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Contractor shall be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Contractor or of any person or entity
for whom Contractor is responsible.
c.
Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor or
subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Contractor and subcontractor warrant to keep their respective
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papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
10.
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.
11.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
12.
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.
13.
Notices.
13.1
A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a.
The Notice is in writing; and
b.
Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day, or before 5:00 p.m., at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service on or before 5:00 p.m.; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e.
Digitalized signatures and copies of signatures will have the same effect as original signatures.
13.2
Representatives.
a.
Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
San Diego Police Equipment Co., Inc.
c/o Ryan King
8205-A Ronson Road
San Diego, CA 92111
ryan@sandiegopoliceequipment.com
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
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City of Glendale
c/o Sgt. Chad Thrasher
11550 W Glendale Ave.
Glendale, Arizona 85301
(623) 930-
With required copy to:
City Manager
City Attorney
City of Glendale
City of Glendale
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2)
A notice will not be deemed to have been received by City's representative until the
time that it has also been received by City Manager and City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d.
Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
14.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-profit
corporation or other entity whose primary purpose is to own or manage the Project.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be resolved
by the terms and conditions stated in this Agreement.
15.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
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15.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.
15.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.
15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
deemed reformed to conform to applicable law.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.
16.1
Extensions. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, on an annual basis. Contractor will be notified
in writing by the City of its intent to extend the Agreement period at least thirty (30) calendar days
prior to the expiration of the original or any extension period. Price adjustments will only be reviewed
prior to the extension period and any such price adjustment will be a determining factor for any
renewal. There are no automatic extensions or renewals of this Agreement.
16.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
17.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
18.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances,
charter, rules and regulations of the respective entity and the approval of the Contractor and City. For a list
of SAVE members, click on the following link: http://www.mesaaz.gov/business/purchasing/save
19.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Compensation
(Signatures appear on the following page.)
EXHIBIT A
AMMUNITION
PROJECT
San Diego Police Equipment Co., Inc. will provide ammunition per the scope of work of IFB 25-11.
SOLICITATION NUMBER: IFB 25-11/42500011
AMMUNITION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
3
1.
INTRODUCTION
The City of Glendale, Arizona, is requesting bids from qualified vendors for the
purchase and delivery of Federation ammunition on an as-needed basis. The
resulting Agreement shall provide for all materials in this contract. The prices quoted
in this solicitation shall be F.O.B. destination. Glendale, AZ, and cover costs for
packaging, REGARDLESS OF THE SIZE OF ORDER, to the City of Glendale Police
Department.
2.
REQUIRED AMMUNITION
A. All ammunition must be new and NOT RELOADED.
B. NO aluminum case ammunition will be accepted.
ITEM
DESCRIPTION
ESTIMATED
QUANTITY
1
FEDERAL 9MM 147GR FMJ
500 cases
2
FEDERAL.223 55GR FMJ-BT
200 cases
3
FEDERAL HST 9MM 147GR JHP
75 cases
4
FEDERAL TRU .308 168GR TACTICAL TIP MATCHKING
40 cases
5
SPEER GOLD DOT .223 62GR GDSP
35 cases
6
FEDERAL Tactical Bonded .223 62GR SP
20 cases
7
SIMUNITION 5.56MM FX MARKING CART, RED,
TOXFREE, M4/M16
10 cases
8
SIMUNITION 9MM FX NON-MARKING CARTRIDGES,
TOXFREE
10 cases
3.
QUANTITIES
The quantities referenced in this solicitation are estimates ONLY and are to be used
for information purposes only. No commitment of any quantity is made during this
contract. It is understood and agreed that these quantities are approximate, and any
increased quantities will be paid at the regular contracted price. The Contractor shall
not have any claim against the City of Glendale for any quantities ordered that are
less than the estimated bid amount.
4.
OTHER REQUIREMENTS
A. Term. The term of the resultant contract shall be for a one (1) year initial term.
B Option to Extend. Based on satisfactory Bidder performance, the City, may at its option
and upon mutual agreement with the Bidder, extend the term of this agreement for an
additional four (4) years renewable on an annual basis. Bidder will be notified in writing
by the City Materials Manager of the City's intention to extend the contract period at
least n i n e t y (90) calendar days prior to the expiration of the original contract period.
C. Bidder shall complete all information requested and blanks provided shall be filled in on
the item response form for each item. Failure to completely describe the merchandise
being bid may result in rejection of your bid.
D. Unit prices shall not be extended more than two decimal points.
SOLICITATION NUMBER: IFB 25-11/42500011
AMMUNITION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
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E. The apparent low bidder will be required to submit a W-9 form within seven
days of the bid opening date.
5.
SUSPENSION AND DEBARMENT. (APPLIES TO ALL PURCHASES.)
A. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR
pt. 3000. As such, the Contractor is required to verify that none of Contractor’s
principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR §
180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at
2 CFR § 180.935).
B. The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000,
subpart C, and must include a requirement to comply with these regulations in
any lower tier covered transaction it enters into.
C. This certification is a material representation of fact relied upon by the City of
Glendale. If it is later determined that the contractor did not comply with 2 CFR
pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies
available to the City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
D. The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart
C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 5 -
1/29/18
EXHIBIT 1: SPECIAL NOTICES
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the submittal
documents, Offerors are certifying that they understand the following notices and agree to comply with all
required terms and conditions.
1.
RETURN OF OFFER The Offeror shall submit the Response Workbook electronically in
Vendor Self Service (VSS)
Offeror is required to register in VSS prior to submitting a proposal if they have not
already registered. You can register at:
https://glendaleazvendors.munisselfservice.com/Vendors/default.aspx
Please see Guide to Register as a new vendor, if needed:
https://www.glendaleaz.com/your_government/city_finances/procurement/vendor_self_service___v_s_s_
(This is a PDF document. “Vendor Registration Instructions” at the bottom of page.)
a. The Offeror shall complete all sections of the solicitation in the format given and the
spaces provided. Proposals that do not conform to the above format may be rejected.
b. The Offeror shall bear all costs associated with submitting the proposal, including
proposal preparation, site visitation or any travel connected with submission of the
proposal. The City shall have no liability whatsoever for such costs.
2.
PREPARATION OF BID PACKAGE The following items shall be completed and
returned. Failure to include all the items may result in a bid being rejected. Bid
packages shall be submitted in the following order:
a. BIDDER SHEET
b. PRICING WORKBOOK
c. ADDENDUM, Return all addenda (if applicable).
3.
NO CONTACT, NO INFLUENCE DURING THE IFB PROCESS
The City is conducting a competitive IFB process for the contract, free from improper
influence or lobbying. There shall be no contact concerning this IFB from Offerors
submitting a Bid with any member of the City Council, IFB Evaluation Committee Members,
or anyone connected with the process for or on behalf of the City. Contact includes direct
or indirect contact by the Offeror, its employees, attorneys, lobbyists, surrogates, etc. in
an attempt to influence the IFB process.
From the time the IFB is issued until the expiration of the protest period or the resolution of any
protest, whichever is later (the “Silent Period”), Offerors, directly or indirectly through others, are
restricted from attempting to influence in any manner the decision making process through,
including but not limited to, the use of paid media; contacting or lobbying the City Council or City
Manager or any other City employee (other than Procurement employees); the use of any media for
the purpose of influencing the outcome; or in any other way that could be construed to influence
any part of the decision-making process about this IFB. This provision shall not prohibit an Offeror
from petitioning an elected official or engaging in any other protected first amendment activity after
the protest period has run or any protest has been resolved, whichever is later.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 6 -
1/29/18
Violation of this provision will cause the proposal or offer of the Bidder to be found in violation and
to be rejected.
4.
CONFLICT OF INTEREST Contractor shall disclose the following: 1) the name(s) and
position(s) of each Contractor’s employee or subcontractor that participated in the
preparation of the submittal or who will be involved, directly or indirectly, with performing
the contract, if awarded; 2) the name(s) of any City of Glendale employee who is a relative
of persons identified pursuant to No. 1; 3) the name(s) and position(s) of Contractor’s
personnel that have a financial or proprietary interest in the contract; 4) the name(s) of
any City of Glendale employee who is a relative of persons identified pursuant to No. 3.
Providing such disclosure will not necessarily disqualify a Contractor. Failure to disclose the
requested information or any potential conflict of interest pursuant to A.R.S. § 38-511 et seq. may
result in rejection of the proposal or bid or any contract being void or terminated.
For purposes of this provision, the following definitions apply:
“Employee” means all persons who are employed on a full-time, part-time or contract basis by the
City of Glendale.
“Relative” means the spouse, child, child’s child, parent, grandparent, brother or sister of the whole
or half blood and their spouses and the parent, brother, sister or child of a spouse.
5.
INQUIRIES Any question related to the Invitation for Bid shall be directed to the
Procurement Officer whose name appears on page one. An Offeror shall not contact nor
ask questions of the department for whom the requirement is being procured. The
Procurement Officer may require any and all questions be submitted in writing. Offerors
are encouraged to submit written questions via electronic mail or facsimile, no later than
FIVE days prior to the proposal due date. Any correspondence related to a solicitation
should refer to the appropriate Invitation for Bid number, page, and paragraph number.
An envelope containing questions should be identified as such; otherwise, it may not be
opened until after the official proposal due date and time. Oral interpretations or
clarifications will be without legal effect. Only questions answered by a formal written
amendment to the Invitation for Bid will be binding.
6.
PUBLIC RECORD REQUIREMENTS Offeror acknowledges that the City is a public agency
and must comply with all Public Records laws and proposals submitted become the
property of the City and are subject to public disclosure requirements in accordance with
Arizona Public Records Law. Any portion of the proposal that the bidder deems
confidential or proprietary must be clearly labeled as such. Labeling material does not
automatically preclude the material from public disclosure, as the City is required to make
an appropriate determination as to the confidentiality of the material in accordance with
Arizona Public Records Law. It is the offeror’s sole responsibility and cost to take action,
including legal actions, to protect such material. Price is not confidential and will not be
withheld.
7.
PERMITS AND LICENSES It is the offeror’s sole responsibility to determine and secure
any and all licenses and permits the contractor needs to operate the facility, from any
regulatory body having jurisdiction related to the services being provided. Such costs are
the exclusive responsibility of the operator, operator must also ensure appropriate
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 7 -
1/29/18
licensing of any sub-contractors, operator shall notify the City in writing within two (2)
working days of any suspension, revocation or renewal.
8.
NO COLLUSION OR ANTI-COMPETITIVE PRACTICES The submission of the offer did not
involve collusion, and without any agreement, understanding or planned common course
of action with, any other vendor of materials, supplies, equipment or services described in
the invitation to bid, designed to limit independent bidding or competition or other anti-
competitive practices.
9.
NON-DISCRIMINATION Contractor agrees not to discriminate against any employee or
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 by bound to the same requirements as stated within this section.
Contractor, and on behalf of any subcontractors, warrants compliance with this section.
10.
NO CONSIDERATIONS The Contractor has not given, offered to give, nor intends to give
at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, meal or service to a public servant in connection with the
submitted offer.
11.
AUTHORIZED AGENT The individual signing the submittal is an authorized agent and has
the authority to bind the Offeror to the proposal and subsequent contract if awarded.
12.
KEY PERSONNEL If awarded, Offeror shall assign a specific individual as the key point of
contact for the management of the contract, subject to specific notification requirements
to be included in the final contract.
13.
SITE INSPECTION It is the responsibility of the Offeror to become familiar with any
conditions which may affect the performance and cost of providing the service and this
submission will serve as evidence that the Offeror did, in fact, make a site inspection and
is aware of all conditions.
14.
OFFICIAL TIME CLOCK The official time clock used to verify the date and time an offer is
received is in the online bid system.
15.
DEFINITIONS For purposes of this Invitation to Bid and Resultant contract, the following
definitions apply:
a. “City” means the municipal corporation of the City of Glendale, Arizona
b. “Contract” means the agreement for the procurement of goods, services and work.
c. “Contractor” means an Offeror responding to a Invitation to Bid who has been awarded
a Contract with the City.
d. “Invitation for Bid” means a competitive solicitation issued by the City for the
procurement of goods, services, work, materials and/or construction.
e. “Offer” means a written offer to furnish goods, services, work, materials and/or
construction to the City, in conformity with the standards, specifications, delivery terms
and conditions, and all other requirements established in a competitive solicitation.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 8 -
1/29/18
f. “Offeror” means the business, entity or person who submits an Offer in response to a
competitive solicitation.
g. “Public Record” means proposals and all other documents submitted in response to
this solicitation shall become the property of the City and shall be a matter of public
record available for review following the Contract award.
h. “Purchase Order” means a document issued by the City Procurement Office directing
the Contractor to deliver goods, services, work, materials and/or construction.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 9 -
1/29/18
EXHIBIT 2: SPECIAL TERMS AND CONDITIONS
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the submittal
documents, Offerors are certifying that they understand the following notices and agree to comply with all
required terms and conditions. Standard Terms and Conditions
1.
TYPE OF AWARDS The City reserves the right to make multiple awards or to award by
individual line items, by group of line items, or to make an aggregate award, whichever is
deemed most advantageous to the City. If the City determines that an aggregate award to
one offeror is not in the City's best interest, "all or none" offers shall be rejected.
2.
EFFECTIVE PERIOD OF OFFER Offers shall be valid for a minimum of 120 days following
the deadline for submitting offers. If an award is not made during that period, all offers
shall be automatically extended for another 120 days. Offers will be automatically renewed
until such time as either an award is made or proper Notice is given to the Procurement
Officer of Offeror’s intent to withdraw its offer. Offers may only be withdrawn by submitting
Notice at least 15 days before the expiration of the then current 120-day period.
3.
PAYMENT TERMS If payment terms are not indicated, terms of NET 30 days shall be
applied by the City. Payment terms to apply after receipt of invoice or final acceptance of
the products/services, whichever is later. Payment terms offering less than 20 days for
payment will not be considered.
4.
UNIT PRICE TO PREVAIL In the event of a price disparity between the unit and extended
price, the unit price shall prevail unless judged obviously in error by the City.
5.
OFFER ERRORS OMISSIONS AND CORRECTIONS The City will not be responsible for any
offeror errors or omissions. All prices and notations shall be written in ink or typed.
Changes or corrections made on the offer form must be initialed in ink by the individual
signing the offer. No corrections will be permitted after the offers have been opened.
6.
BRAND NAME REFERENCES AND TECHNICAL SPECIFICATIONS Brand names or
manufacturer's references shall be construed as a quality or performance level and does
not indicate the item cited is mandatory. Technical specifications define the acceptable
standard.
7.
RESTRICTIVE OFFER PROVISIONS If specifications preclude an otherwise qualified offeror
from submitting an offer, a written request for modification must be received by the Buyer
at least seven (7) calendar days prior to the proposal due date. All offerors will be notified
by a written addendum to the solicitation of any approved changes.
8.
DEFAULT In case of default by the contractor, the City may, by written notice, cancel this
contract and repurchase from another source and may recover the excess costs by (1)
deduction from an unpaid balance due; (2) collection against the bid and/or performance
bond; or (3) a combination of the aforementioned remedies or other remedies as provided
by law.
9.
TERMINATION FOR CONVENIENCE The City reserves the right to terminate any order or
contract upon thirty days written notice. The City will be responsible only for those
standard items which have been delivered and accepted. If the items are unique and not
saleable or useable for any other application, the City will reimburse the Seller for actual
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 10 -
1/29/18
labor, material, and burden costs, plus a profit not to exceed 8%. Title to all materials,
work-in-process, and completed but undelivered goods will pass to the City after costs are
claimed and allowed.
10.
SUB-CONTRACTING The contract or any portion thereof, shall not be sub-contracted
without the prior written approval of the Materials Manager. No such approval will be
construed as making the City a party of or to such sub-contract or subjecting the City to
liability of any kind to any sub-contractor. No sub-contract shall, under any circumstances,
relieve the contractor of liability and obligation under this contract; and despite any such
subletting the City shall deal through the contractor. Sub-contractors will be dealt with as
workmen and representatives of the contractor.
11.
SAFETY DATA SHEETS (SDS). Contractor is to supply SDS) in accordance with Federal
requirements for The Globally Harmonized System of Classification and Labeling of
Chemicals (GHS). Contractor entering the City workplace with hazardous materials will
supply the City with a Safety Data Sheets (SDS) covering those particular products the
contractor may expose City employees or the general public to while working at the site.
12.
GENERAL INDEMNIFICATION: Contractor shall indemnify, defend, save and hold
harmless the City of Glendale and its officers, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily
injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of Contractor or any of its owners, officers, directors, agents, employees
or subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers’ Compensation Law or arising out of the failure of such
Contractor to conform to any Federal, State or local law, statute, ordinance, rule, regulation
or court decree. It is the specific intention of the parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligent or willful acts or omissions
of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is
agreed that Contractor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the City, its
officers, officials, agents, and employees for losses arising from the work performed by the
Contractor for the City.
13.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS The offeror's
products, services, and facilities shall be in full compliance with all applicable Federal,
State, and local health, environmental, and safety laws, regulations, standards, and
ordinances, regardless of whether or not they are referred to by the City.
14.
RESPONSIBILITY FOR CORRECTION It is agreed that the offeror shall be fully responsible
for making any correction, replacement, or modification necessary for specification or legal
compliance. In the event of a call back, Offeror agrees to give the City first priority. Offeror
agrees that if the product or service offered does not comply with the written specification,
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 11 -
1/29/18
the Materials Manager has the right to cancel the sale at any time with full refund within
thirty (30) calendar days after notice of noncompliance and offeror further agrees to be
fully responsible for any consequential damages suffered by the City.
15.
WARRANTY Unless otherwise specified, all items shall be guaranteed for a minimum
period of one year against defects in material and workmanship. During the period, if a
defect should occur, that item shall be repaired or replaced by the Seller at no obligation
to the City, except where it be shown that the defect was caused by misuse and not by
faulty manufacture. The offeror expressly warrants all items to be new, free from defects
in design, materials, and workmanship, and to be fit and sufficient for their intended
purpose. Any sample submitted shall create an expressed warranty that the whole of the
goods shall conform to the sample or model.
16.
REJECTION OF OFFERS The City reserves the right to reject any or all offers, or any part
thereof; to accept any offer or any part thereof; or to waive any informalities when it is
deemed to be in the City's best interest.
17.
DELAY IN EXERCISING CONTRACT REMEDY Failure or delay by the City to exercise any
right, power, or privilege shall not be deemed a waiver thereof.
18.
ORDER OF PRECEDENCE In the event of conflict, the following precedence shall prevail:
(1) Special Terms and Conditions incorporated by attachment; (2) Special Terms and
Conditions; (3) Drawings and Specifications; (4) referenced documents; and (5) the
Standard Terms and Conditions.
19.
CHANGES The City reserves the right to make changes in any of the following: (a)
specifications; (b) methods of shipment; (c) place of delivery; (d) time of delivery; (e)
quantities. If any change causes an increase or decrease in the cost of or the time required
for performance, an equitable adjustment may be made in the price or delivery schedule,
or both. Any claim for adjustment shall be deemed waived unless asserted in writing within
thirty days from receipt of the change. Price increases or extensions of delivery time shall
not be binding on the City unless in writing and approved by the Materials Manager prior
to the institution of the change.
20.
PRICE ADJUSTMENTS Price adjustments shall be addressed a minimum of ninety (90)
days prior to the contract renewal date, shall be in writing and include supportive
justification for the proposed increase. Supportive justification means that the request
shall include detailed information and calculations that make it clear how the claimed
increase has an impact on the contract unit prices. The requested price increase must be
based upon a cost increase that was clearly unpredictable at the time of the offer and can
be shown to directly affect price of the item concerned. The rate increase shall only be
considered at time of contract extension. The City will review the request and shall
determine if the increase shall be granted or if an alternate option is in the best interest of
the City. The price increase adjustment, if approved, will be effective and executed via a
contract amendment or extension letter.
21.
LATE SUBMISSION OF CLAIM The City will not honor any invoices or claims which are
tendered one year after the last item of the account accrued.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 12 -
1/29/18
22.
PROTEST OF AWARD Any person who has an objection to the awarding of a solicitation by
the City, pursuant to competitive solicitation procedures, shall lodge that protest, in
writing, with the Materials Manager. The protest should specifically identify the objection
to the award, pursuant to the formal purchase procedure. The protest must be submitted
no later than seven (7) calendar days after the notice of intent to award is posted on
the City's Procurement Internet home page at:
https://www.glendaleaz.com/your_government/city_finances/procurement/notice_of_intent_to_a
ward. Untimely protests will not be considered.
23.
REMEDIES City shall have, in addition to the remedies provided herein, all remedies
afforded by the Uniform Commercial Code as adopted by the State of Arizona. Contractor
shall have, subject to the limitation imposed by the terms of this agreement, all remedies
afforded by the Uniform Commercial Code as adopted by the State of Arizona.
24.
ASSIGNMENT Neither an order nor monies due thereunder shall be assigned in whole or
in part without the City's prior written consent.
25.
ADDENDA Any change to the solicitation will be in the form of a numbered addendum
issued by the Procurement Division. The addendum will be furnished to all who received
the solicitation. The City will not be responsible for any oral or written instructions made
by any employees, officers, contracted consultant or agent of the City in regard to the
solicitation. The City will not be responsible for offerors adjusting their offer based on oral
or written instructions.
26.
SPECIAL ACCOMMODATIONS Please contact Procurement at 930-2862 at least 3 days
prior to the meeting for special accommodation. Hearing impaired persons, please use the
Arizona Relay Service (1-800-367-8939).
27.
OFFER IDENTIFICATION The City is not responsible for the pre-opening of, post-opening
of, or the failure to open, an offer not properly addressed or identified.
28.
OFFER TABULATION An electronic copy of the scoring may be requested by e-mailing the
Procurement office at procurement@glendaleaz.com and referencing the solicitation title
and number. The information will be available for distribution when the City has completed
its evaluation process of the offers received.
29.
LIABILITY Except for the sole negligence of the City, its officers, managers, employees, or
agents, Contractor shall be liable to the City for any physical damage to City property or
for the death of, or personal injury to, City personnel arising out of Contractor's occupancy,
maintenance, repair, replacement, installation and/or any other work performed pursuant
to the contract. Contractor agrees to indemnify, defend and hold the City harmless from
any claim or loss arising from such damage or injury.
30.
OSHA GUIDELINES The contractor shall be familiar with and operate within the guidelines
set forth by the Occupational Safety and Health Act.
31.
PATENTS Seller agrees to defend City at seller's own expense, in all suit, actions, or
proceedings in which City is made a defendant for actual or alleged infringement of any
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 13 -
1/29/18
United States of America or foreign letters patent resulting from City’s use of the goods
purchased as a result of this IFB. Seller further agrees to pay and discharge any and all
judgments or decrees, which may be rendered in any such suit, action or proceedings
against City. Seller agrees to indemnify and hold harmless the City from any and all license,
royalty and proprietary fees or costs, including legal costs, which may arise out of City’s
purchase and use of goods supplied by the seller. It is expressly agreed by seller, that
these covenants are irrevocable and perpetual.
32.
VENDOR PERFORMANCE Prior offeror performance in regard to product, service, or
representation of/from the offeror may be used in evaluation of this offer. Unsatisfactory
performance to the City may be considered sufficient grounds for rejection of this offer.
No offer will be awarded to any offeror who is in default on any contract with the City.
33.
PERFORMANCE SURETY REQUIREMENTS The performance sureties shall be in the
form of a bond, cashier's check, certified check or money order. Personal or company
checks are not acceptable unless certified. Letters of credit are not acceptable.
Individual sureties are not acceptable.
PERFORMANCE SURETY The successful proposer shall, at the time of entering into
the contract, furnish a performance surety in the form of a bond, money order or certified
or cashier's check, in the amount of 10 percent of the contract amount guaranteeing
the faithful performance of the contract by the proposer.
If a bond is submitted, it shall be written on the form provided by the City as an
attachment to the proposal documents. The attorney-in-fact who executes the bond
on behalf of the surety shall affix to the bond a certified and current copy of the power
of attorney. The bond must be written by a surety with a Best Rating no less than an
A and must be authorized and licensed to do business in this State by the Arizona
Department of Insurance. Individual sureties and letters of credit are not acceptable.
34.
FUND APPROPRIATION CONTINGENCY The Contractor and the City recognize that the
continuation of any contract after the close of any given fiscal year of the City, which ends
on June 30, shall be subject to the approval of the budget of the City providing the contract
item is an expenditure therein. The City does not guarantee that the budget item will be
actually adopted, as it is the determination of the City Council at the time of the adoption
of the budget.
35.
NOTIFICATION OF AWARD The successful offeror(s) will be notified that their offer has
been accepted by the City Council as recommended for award.
36.
NON-EXCLUSIVITY The City, in its sole discretion, reserves the right to request the
materials or services set forth herein from other sources when deemed necessary and
appropriate. No exclusive rights are included in this Agreement.
37.
COOPERATIVE USE OF CONTRACT This agreement may be extended for use by other
governmental agencies and political subdivisions of the State. Any such usage by other
entities must be in accord with the ordinances, charter, rules and regulations of the
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 14 -
1/29/18
respective entity and the approval of the Contractor and City. For a list of SAVE members,
click on the following link: http://www.mesaaz.gov/business/purchasing/save
38.
PROHIBITIONS - Contractor, and on behalf any subcontractor, certifies, to the extent
applicable under A.R.S. §§ 35-391 et seq and 35-393 et seq, that neither has "scrutinized"
business operations, as defined in the proceeding statutes, in the countries of Sudan or
Iran.
39.
IMMIGRATION LAW COMPLIANCE Contractor, and on behalf any subcontractor, warrants,
to the extent applicable under A.R.S. § 41-4401, compliance with all federal immigration
laws and regulations that relate to their employees as well as compliance with A.R.S. § 23-
214(A) which requires registration and participation with the E-Verify Program. Any
breach of warranty described above is considered a material breach of this Agreement and
is subject to penalties up to and including termination of this Agreement. City of Glendale
(“City”) retains the legal right to inspect the papers of Contractor or subcontractor
employee who performs work under this Agreement to ensure that Contractor or any
subcontractor is compliant with the warranty described above. City may conduct random
inspections, and upon request of the City, Contractor shall provide copies of papers and
records
demonstrating
continued
compliance
with
the
warranty
described
above. Contractor agrees to keep papers and records available for inspection by the City
during normal business hours and will cooperate with City in exercise of its statutory duties
and not deny access to its business premises or applicable papers or records for the
purposes of enforcement of this Section. Contractor agrees to incorporate into any
subcontracts under this Agreement the same obligations imposed upon itself and
expressly accrue those obligations directly to the benefit of the City. Contractor also
agrees to require any subcontractor to incorporate into each of its own subcontracts under
this Agreement the same obligations above and expressly accrue those obligations to the
benefit of the City. Contractor’s warranty and obligations under this Section I to the City
is continuing throughout the term of this Agreement or until such time as the City
determines, in its sole discretion, that Arizona law has been modified in that compliance
with this section is no longer a requirement. The “E-Verify Program” above means the
employment verification program administered by the United States Department of
Homeland Security, the Social Security Administration, or any successor program.
40.
CONTRACT ADMINISTRATOR The staff member identified as the Contract Administrator
for a solicitation serves as the liaison between Procurement, the city and the successful
contractor. The Contract Administrator manages the contract, overseeing the daily
operations, scheduling, performance and compliance of the agreement by all parties. The
Contract Administrator is responsible for:
A. Establishing and maintaining records and documentation
B. Monitoring the contractor’s performance
C. Handling issues and disputes
D. Exercising extension options
E. Initiating contract modifications
F. Initiating rebids or new solicitations
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 15 -
1/29/18
41.
FORCE MAJEURE
A. Except for payment of sums due, neither party shall be liable to the other nor deemed
in default under this contract if and to the extent that such party’s performance of this
Contract is prevented by reason of force majeure. The term “force majeure” means an
occurrence that is beyond the control of the part affected and occurs without its fault
or negligence. Without limiting the foregoing, force majeure includes acts of God; acts
of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders,
fire; flood; lockouts; injunctions-interventions-acts; or failures or refusals to act by
government authority; and other similar occurrences beyond the control of the party
declaring force majeure which such party is unable to prevent by exercising reasonable
diligence.
B. Force majeure shall not include the following circumstances:
i. Late delivery of equipment or materials caused by congestion at a manufacturer’s
plant or elsewhere, or an oversold condition of the market.
ii. Late performance by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with this force majeure term and condition; or
iii. Inability of either the Contractor or any subcontractor to acquire or maintain any
required insurance, bonds, licenses or permits.
42.
SUSPENSION AND DEBARMENT. (APPLIES TO ALL PURCHASES.)
A. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt.
3000. As such, the Contractor is required to verify that none of Contractor’s principals
(defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded
(defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
B. The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart
C, and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
C. This certification is a material representation of fact relied upon by the City of Glendale.
If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart
C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
D. The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C
and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The Contractor further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 16 -
1/29/18
EXHIBIT 3: Insurance Requirements
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the submittal
documents, Offerors are certifying that they understand the following notices and agree to comply with all
required terms and conditions.
1) INSURANCE REQUIREMENTS. OFFEROR shall procure and maintain until all their obligations
have been discharged, insurance against claims for injury to persons or damage to property
that may arise from or in connection with this Solicitation. The insurance requirements herein
are minimum requirements for this Solicitation and in no way limit the indemnity covenants
contained herein. The City of Glendale in no way warrants that the minimum limits contained
herein is sufficient to protect the OFFEROR from liabilities that might arise. OFFEROR is free
to purchase such additional insurance as OFFEROR determines necessary.
a) Minimum Scope and Limits of Insurance: OFFEROR shall provide coverage with limits of
liability not less than those stated below.
i) Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal and advertising injury and broad
form contractual liability coverage.
General Aggregate
$2,000,000
Products – Completed Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
(1) The policy shall be endorsed to include the following additional insured
language: “The City of Glendale, and its departments, officers, officials, agents,
employees and volunteers shall be named as additional insureds with respect to
liability arising out of the solicitation. Such additional insured shall be covered
to the full limits of liability purchased by the OFFEROR, even if those limits of
liability are in excess of those required herein.
(2) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers”. This provision applies regardless of whether or not the City of
Glendale has received a waiver of subrogation endorsement from the insurer.
ii) Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident
$1,000,000
Disease – Each Employee
$1,000,000
Disease – Policy Limit
$1,000,000
(1) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers” for losses arising from OFFEROR activities. This provision applies
regardless of whether or not the City of Glendale has received a waiver of
subrogation endorsement from the insurer.
City of Glendale
Solicitation Number: IFB 25-11 /42400011
AMMUNITION
EXHIBITS PACKAGE
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
- 17 -
1/29/18
iii) Additional Insurance Requirements: The policies shall include, or be endorsed to
include the following provisions:
(1) Policies shall stipulate that the insurance afforded by the organization shall be
primary insurance and that any insurance carried by the City of Glendale shall be
excess and not contributory insurance.
(2) Coverage provided by the organization shall not be limited to the liability assumed
under the indemnification provisions of the license or contract.
(3) If the Vendor maintains broader coverage and/or higher limits than the minimum
shown, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Vendor. Any available insurance proceeds in excess
of the specified minimum of insurance and coverage shall be available to the City.
(4) Vendor shall require and verify that all subcontractors (subconsultants) maintain
insurance meeting all the requirements stated herein, and Vendor shall ensure that
City is an additional insured on insurance required from subcontractors
(subconsultants).
(5) If the Vendor is awarded the solicitation, the Vendor shall furnish the City with
original Certificates of Insurance including all required amendatory endorsements
before the work begins. However, failure to obtain the required documents prior to
the work beginning shall not waive the Vendor’s obligation to provide them. The
City reserves the right to require complete, certified copies of all required insurance
policies including endorsements required by these specifications, at any time.
EXHIBIT B
AMMUNITION
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
The method of payment is provided in Section 4 of this Agreement.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $1,150,000.
DETAILED PROJECT COMPENSATION
See attached Pricing Workbook.