Linking Agreement with Leslie's Poolmart, Inc.
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1
10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
LESLIE'S POOLMART, INC.
FOR SWIMMING POOL SUPPLIES, CHEMICALS, EQUIPMENT,
AND RELATED SERVICES
This Linking Agreement (“Agreement”) is entered into as of this day of , 2024, between the
City of Glendale, an Arizona municipal corporation (“City”), and Leslie's Poolmart, Inc., a Delaware
corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On September 4, 2024, the City of Tucson, Arizona, entered into a contract with Contractor to
purchase the goods and services described in the Swimming Pool Supplies, Chemicals, Equipment
and Related Services Contract No. 240203-02, (“Cooperative Agreement”), which is attached hereto
as Exhibit A. The Cooperative Agreement allows its cooperative use by other governmental
agencies, including the City.
B.
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.
C.
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.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
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.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was September 4, 2024, until the date the contract terminates
on September 3, 2025, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond September 3, 2029. The initial period of this Agreement is the period from the
Effective Date of this Agreement until September 3, 2025.
B.
The City may extend the term of this Agreement for four (4) additional one-year terms if the
Cooperative Agreement is likewise extended and the City gives the Contractor notice that it
is exercising its option to extend this Agreement 30 days prior to the anniversary of the
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Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
2.
Scope of Work; Terms, Conditions, and Specifications.
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 are
specifically incorporated into and are an enforceable part of this Agreement.
3.
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 is
estimated to be one hundred and fifty thousand dollars ($150,000) annually or seven hundred
fifty thousand dollars ($750,000) for the entire term of the Agreement (initial term plus any
extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. 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.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
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.
9.
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
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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.
10.
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.
11.
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
c/o Manuel Padia, Recreation Administrator
5600 W. Union Hills Dr.
Glendale, AZ 85308
and
Leslie's Poolmart, Inc.
Dave Caspers, Chief Stores Operator
2005 E. Indian School Road
Phoenix, AZ 85016
dcaspers@lesl.com
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
Leslie's Poolmart, Inc.,
municipal corporation
a Delaware corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
Name: Dave Caspers
City Manager
Title: Chief Stores Operator
ATTEST:
___________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
___________________________
Michael D. Bailey
City Attorney
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
LESLIE'S POOLMART, INC.
FOR SWIMMING POOL SUPPLIES, CHEMICALS, EQUIPMENT,
AND RELATED SERVICES
EXHIBIT A
CITY OF TUCSON, ARIZONA COOPERATIVE PURCHASING AGREEMENT
CONTRACT NO. 240203-02
Contract No. 240203 - 02
Swimming Pool Supplies, Chemicals, Equipment and Related
Services
Vendor: Leslie’s Pool Supplies
Table of Contents
1.
Leslie’s Response to Intent to Negotiate/Best and Final
Offer (BAFO)
2.
City’s Intent to Negotiate/BAFO Request
3.
Vendor’s Response to RFP 240203
4.
RFP 240203
EXHIBIT A
1. Vendor’s Response to Intent to
Negotiate/Best and Final Offer (BAFO)
Line Item
Description
Estimated AnnuaUnit of Measure
Manufacturer
Unit Cost
Total
No Bid
1
Calcium Hypochlorite (Chlorine Granular),
65%, 25Lb Bucket
4375 LB
LESLIE'S BRANDED
POWER POWDER 70
BY SOLENIS
$5.9996/POUND INVOICED AS
$149.99/25LB BUCKET
$26,248.25
175 BUCKETS
2
MURIATIC ACID, 35%, REGULAR (FOR
SWIMMING POOL USE) 13 GAL CARBOY
350 Gal
HASA (32-39%)
SIZE SUBSTITUTION
$7.7993/GALLON INVOICED AS
$116.99/15G DELBOY REQUIRES
ADDITIONAL $50 DEPOSIT/CONTAINER
$2,807.76
24 DELBOYS
3
MURIATIC ACID, 35%, REGULAR (FOR
SWIMMING POOL USE) 5 GAL
CONTAINER
350 Gal
VARIOUS (32-39%)
SIZE SUBSTITUTION
$8.9975/GALLON INVOICED AS
$35.99/CASE OF 4 GALLONS
$3,167.12
88 CASES
4
MURIATIC ACID, 35%, REGULAR (FOR
SWIMMING POOL USE) 1 GAL NON-
RETURNABLE CONTAINER
400 Gal
VARIOUS (32-39%)
SIZE SUBSTITUTION
$9.445/GALLON INVOICES AS
$18.89/CASE OF 2 GALLONS
$3,778.00
200 CASES
5
CHLORINE, TABLET 1" TRICHLOROTABLES
IN THROW-A-WAY CONTAINERS 50 LB
PAIL
500 LB
IN THE SWIM
BRANDED 1"
TRICHLOR BY
ALLCHEM
$4.0498/POUND INVOICED AS
$202.49/50LB BUCKET
$2,024.90
10 BUCKETS
6
CHLORINE, TABLET 3" TRICHLOROTABLES
IN THROW-A-WAY CONTAINERS 50 LB.
PAIL
3750 LBS
LESLIE'S BRANDED
3" TRICHLOR BY
LPM
MANUFACTURING
$4.1398/POUND INVOICES AS
$206.99/50LB BUCKET
$15,524.25
75 BUCKETS
7
SODIUM BICARBONATE, FOOD GRADE
ONLY, 50 LBS. SACK, Natural Soda LLC,
NaHCO3 99%
50000 LB
BICAR® USP Grade 2
$0.4798/POUND INVOICED AS
$23.99/50LB BAG
$23,990.00
1000 BAGS
8
POOL PERFECT, NATURAL CHEMISTRY, 3
LITER
200 EA
NATURAL
CHEMISTRY
$26.39/3L BOTTLE INVOICED EACH
AVAILABLE 4/CASE
$5,278.00
200 BOTTLES
9
BROMINE (VANTAGE) 1" TABLET 50 LB.
CONTAINERS AllChem Performance
Products 1-bromo-3-chloror-5, 5-
dimethylhyddantoin, weight-96 NO
SUBSTITUTES
125000 LB
NO BID
10
LIQUID CAUSTIC SODA, 50%, 5 GALLON
CONTAINER
1500 Gal
NO BID
11
LIQUID CAUSTIC SODA, 50%, 55 GALLON
DRUM
35000 Gal
NO BID
12
LIQUID CAUSTIC SODA, 30%, 55 GALLON
DRUM
600 LB
NO BID
13
APPLIED-BIOCHEMISTS THIO-TRINE,
12/20 OZ BOTTLES PER CASE
2 CS
LESLIE'S BRANDED
SUBSTITUTION BY
JONAS & CO
$16.39/48OZ BOTTLE INVOICED EACH
AVAILABLE 16/CASE
$524.48
32 BOTTLES
14
GOLD-N-CLEAR WATER BRIGHTENER,
32/12 OZ BOTTLES PER CASE
MANUFACTURED BY APPLIED
BIOCHEMISTS
75 CS
APLLIED
BIOCHEMISTS
$22.79/32OZ BOTTLE INVOICED EACH
AVAILABLE 12/CASE
$20,511.00
900 BOTTLES
15 PULSAR TABS
125000 LB
NO BID
16 CYANURIC ACID IN DRY FORM 50 LBS
12000 LB
IN THE SWIM
BRANDED BY
ALLCHEM
SIZE SUBSTITUTION
$2.6664/POUND INVOICES AS
$119.99/45LB BUCKET
$32,037.33
267 BUCKETS
17 CYANURIC ACID IN DRY FORM 100 LBS
12000 LB
VARIOUS
$1.8749/POUND INVOICES AS
$187.49/100LB DRUM
$22,498.80
120 DRUMS
18 PULSAR DRY ACID TABS
125000 LB
NO BID
Total
$158,389.89
TUCSON, AZ CSC #3017
1959 W MCMILLAN ST STE 101
TUCSON, AZ 85705-2271
(520) 887-5446
Phone
#
:
(602) 931-4856
Fax
#...:
723252
CITY OF TUCSON RFQ08142024V2
Quote Name:
Quote #:
Date.........:
8/15/24
Customer #:
OMNIA CITY OF TUCSON
43123
Customer:
Billing Address:
Shipping Address:
PO BOX 27210
ATTN: ACCOUNTS PAYABLE PO BOX 27450
TUCSON AZ, 85726-7210
TUCSON AZ, 85726-7450
Contact..: RFQ
Phone....: () -
Email.:
Page:
1
________________________________________________________________________________________________________________________
Line #
Item #
Item Description
Qty
Unit Price
Ext Price
18763
149.99
175
26,248.25
25LB POWER PWDER GRANULAR 70NB
1
LINE 1
14236
116.99
24
2,807.76
ACID 15 GAL CARBOY (29-32%)
2
LINE 2 SUBSITUTE STRENGTH AND SIZE
CONTAINER REQUIRES 14183 $50 DEPOSIT
14260
35.99
88
3,167.12
ACID (4X1 NO DEP 29-32%)
3
LINE 3 SUBSITUTE STRENGTH AND SIZE
SOLD BY THE CASE / 4 - 1 GALLON CONTAINERS
14015
18.89
200
3,778.00
ACID 2X1 (NO DEP 29-32%)
4
LINE 4 SUBSITUTE STRENGTH AND SIZE
SOLD BY THE CASE / 2 - 1 GALLON CONTAINERS
400187
202.49
10
2,024.90
50# ITS 1" CHLOR TABS
5
LINE 5
13450
206.99
75
15,524.25
50# LESL JUMBO 3" TABS
6
LINE 6
81294
23.99
1000
23,990.00
50LB SODIUM BICARB USP2
7
LINE 7
14146
26.39
200
5,278.00
POOL PERFECT 3 LITER
8
LINE 8
18798
16.39
32
524.48
3LB CHLORINE NEUTRALIZER NB
9
LINE 13 SIZE SUBSTITUTION / SOLD INDIVIDUALLY
905005
22.79
900
20,511.00
GOLD N CLEAR 1QT
10
LINE 14 12 32OZ BOTTLE PER CASE/SOLD INDIVIDUALLY
400259
119.99
267
32,037.33
ITS CONDITIONER 45LB
11
LINE 16 - SIZE SUBSTITUTION
81293
187.49
120
22,498.80
CONDITIONER 100# DRUM
12
LINE 17
Notes:
NO BID OR SUBSTITUTIONS FOR LINE 9, 10, 11, 12, 15, OR 18
TUCSON, AZ CSC #3017
1959 W MCMILLAN ST STE 101
TUCSON, AZ 85705-2271
(520) 887-5446
Phone
#
:
(602) 931-4856
Fax
#...:
723252
CITY OF TUCSON RFQ08142024V2
Quote Name:
Quote #:
Date.........:
8/15/24
Customer #:
OMNIA CITY OF TUCSON
43123
Customer:
Billing Address:
Shipping Address:
PO BOX 27210
ATTN: ACCOUNTS PAYABLE PO BOX 27450
TUCSON AZ, 85726-7210
TUCSON AZ, 85726-7450
Contact..: RFQ
Phone....: () -
Email.:
Page:
2
________________________________________________________________________________________________________________________
Line #
Item #
Item Description
Qty
Unit Price
Ext Price
________________________________________________________________________________________________________________________
158,389.89
To Approve: Sign and Email to
Sub-Total..:
Dot Stevenson
dstevenson@lesl.com
.00
Freight.....:
For Question please call
(856)467-7922
Date:
___________________________
________________
Signature...:
13,779.92
Tax.........:
.00
Labor......:
___________________________
Print Name:
172,169.81
Total.......:
________________________________________________________________________________________________________________________
___
IF A CONTRACT IS REQUIRED TO COMPLETE JOB, THE COMPANY NEEDS TO APPROVE CONTRACT PRIOR TO JOB START DATE.
___
INVOICES IN EXCESS OF $1,000 ARE SUBJECT TO A DOWN PAYMENT
THIS QUOTE IS MADE AS OF THE DATE SET FORTH ABOVE AND IS VALID FOR THIRTY (30) DAYS. UPON EXPIRATION OF THE 30 DAY PERIOD, PRICING AND OTHER
COMPONENTS OF THE QUOTE ARE SUBJECT TO CHANGE. LESLIE'S RESERVES THE RIGHT TO MAKE ADJUSTMENTS IN FULL OR IN PART TO THE QUOTE FOR VARIOUS REASONS
INCLUDING, BUT NOT LIMITED TO, CHANGING MARKET CONDITIONS, PRODUCT AND SERVICE DISCONTINUATION OR AVAILABILITY, MANUFACTURER PRICE CHANGES, ERRORS
IN ADVERTISEMENTS OR QUOTES, OR STATE OR FEDERAL TAX CHANGES. LESLIE'S REQUIRES PAYMENT IN FULL ON ANY ORDER PRIOR TO ORDERING PARTS OR OUT-OF-STOCK
ITEMS. UNLESS NOTED ABOVE, THIS QUOTE DOES NOT INCLUDE CHARGES FOR FREIGHT, MEDIA (I.E., SAND, SALT OR DIATOMACEOUS EARTH), OR INSTALLATION.
LESLIE'S DOES NOT CERTIFY NOR WARRANT THE CONDITION OF OWNER'S POOL OR EQUIPMENT. IT IS THE RESPONSIBILITY OF THE POOL OWNER/OPERATOR TO MAINTAIN
THEIR POOL ACCORDING TO ALL STATE AND LOCAL HEALTH CODE STANDARDS AND REGULATIONS.
We look forward to working with you soon.
2. City’s Intent to Negotiate/BAFO
Request
Sandra Alcorn
Principal Contract Officer
(520) 837-4118
Sandra.alcorn@tucsonaz.gov
255 W. Alameda, 6th Floor, Tucson, AZ 85701 | Business Services Department – Procurement
(520) 791-4217 | www.tucsonprocurement.com
August 12, 2024
Gigi Cazares
Leslie’s Poolmart, Inc
2005 E. Indian School Road
Phoenix, AZ 85016
gcazares@lesl.com
Subject: Request for Proposal No. 240203 – Swimming Pool Supplies, Chemicals,
Equipment and Related Services - Notice of Intent to Negotiate
Dear Ms. Cazares,
The City of Tucson has completed the evaluation of your firm’s submission for the
above referenced Request for Proposal. Based upon the recommendation of the
evaluation committee, the City is inviting your firm to enter into negotiations with the
City. Specifically, the City requests:
1. Price Page: please provide the best price available to the City.
Please respond no later than Friday, August 16, 2024. Response can be emailed to me
at Sandra.alcorn@tucsonaz.gov. The City of Tucson appreciates your interest in this
contract. If you should have any questions, please feel free to contact me at
520.837.4118.
Cordially,
Sandra Alcorn
Principal Contract Officer
3. Vendor’s Response to RFP 240203
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 38 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
OFFER AND ACCEPTANCE
OFFER
TO THE CITY OF TUCSON:
The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions,
specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein.
For clarification of this offer, contact:
Name:
Company Name
Title:
Address
Phone:
City
State
Zip
Fax:
Signature of Person Authorized to Sign
E-mail:
Printed Name
Title
ACCEPTANCE OF OFFER
The Offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the
Contract. This Contract shall be referred to as Contract No. ________________.
CITY OF TUCSON, a municipal corporation
Approved as to form:
Awarded:
This ________ day of _______________ 20_____
This ________ day of _______________ 20_____
As Tucson City Attorney and not personally
As Director of Business Services and not
personally
Leslie's Poolmart, Inc.
2005 E. Indian School Road
Phoenix, AZ 85016
Title
Signature of Person Authorized to Sign
4th
September
24
240203 -- 02
4th
September
24
for
Warranty will last per the manufacturer's specifications.
By our customer service department that can be reached at (800)233-8063 x3848
The City of Tucson will have a dedicated Government Account Manager for all or if any issues.
The City of Tucson will have a dedicated Account Sales Executive and Government Account Manager
Direct calls/emails to Account Sales Executive & Government Account Manager
Yes, we have service technicians that are able to service
the City of Tucson as needed. Leslie's Poolmart, Inc. does
not use subcontractors.
Leslie's Poolmart, Inc. does not use subcontractors
Samples will be provided as requested/required
Products delivery varies, 5-7 business days typically with items in stock in stores. Special/Large quanties
may require a special order which can delay delivery. Estimated delivery dates are provided upon receipt of
orders.
We have ten stores located in the City of Tucson and one commercial center.
Leslie's Poolmart, Inc. COI & W-9 Attached
Please contact the City of Tucson's dedicated
Sales Account Executive or Government Account
Executive Manager with any other questions or concerns.
Yes, unless otherwise indicated. Please contact
Sales Account Executive or Government Account
Executive/Manager with any required additional
information on products.
Corporate Location
Warehouse Location
1959 W Mcmillan Street, STE 101, Tucson, AZ 85705
8:00 AM - 5:00 PM
Monday - Friday
City of Tucson Location
Leslie's Poolmart Stores and commerical service center will be
responsible for processing, handing and shipping of products/services.
Standard delivery days are Monday-Friday. Product can be
picked from storefronts seven days a week. All items bid on
are stocked locally.
Manufacturer names are identified on the product lines.
Leslie's Poolmart, Inc. has qualified service technicians
locally in the City of Tucson, we have additional
technicians that can be used for special/larger projects.
N/A
Our return policy/restocking fee of 15% will be charged.
N/A
See Attached.
The City of Tucson will have a dedicated
Government Account Executive Manager that can be
reached at (480)290-6862 / Fax (602)366-3939 /
Emails:gcazares@lesl.com or government@lesl.com.
Leslie's Poolmart, Inc.
Leslie's Poolmart, Inc. has the ability to install,
repair, provide maintenance, and provide turn-key
solutions and services.
Our company website: www.lesliespool.com / online catalog that shows additional
equipment that we offer.
Product delivery varies, typically items are in stock in stores
and can be delivered within 5-7 business days depending
on the delivery schedule. Large quantities may require a
special order which can delay delivery. Estimated delivery
dates are provided upon receipt of order.
All orders need to be submitted to the Government Account
Executive/Manager by email government@lesl.com or direct
gcazares@lesl.com. Any orders placed online will be
charged at retail prices. Orders will be processed and
directed to the nearest store to fulfill. This process ensures
the City's orders are processed in a timely manner.
Invoices will be provided at time of delivery/service.
Additional electronic invoices can be requested by emailing
arcustomerservice@lesl.com or gcazares@lesl.com
There are no minimums or maximums for quantities.
Leslie's Poolmart, Inc. started in 1963 as Leslie's Swimming
Pool Supplies. We primarily focused on the residential
market initially. Leslie's has grown and now employs over
4,000 employees who include a service team, a commerical
team, and a residential team. The commercial team focuses
Government, Hotel, Motel, Apartment Communities, HOA's,
National Accounts, and Service Trade.
DUNS # 05-010-6095, rating A +
Corey Dillenburg - Commercial Sales Account Executive
Gigi Cazares - Government Account Executive/Manager
Leslie's services Government Accounts for over 17 + years.
References:
City of Phoenix, Arizona / Pedro Grijalva / (602)495-3769
City of Mesa, Arizona / Ted Stallings / Ted.Stallings@Mesa
AZ.Gov
City of Brentwood, California / Tammy Horman /
(925)516-5444
City of Houston, Texas / Mark Carlin / (832)395-3663
15% of all 2024 commerical catalog and 2025 commercial
catalog, currently in production.
Leslie's Poolmart, Inc. COI & W-9 Attached
Price Proposal & Quote # 718098 Attached
06242024
4. RFP 240203
CITY OF TUCSON
REQUEST FOR PROPOSAL
240203
SWIMMING POOL SUPPLIES, CHEMICALS, EQUIPMENT AND
RELATED SERVICES
Due Date: Thursday, June 13, 2024
City of Tucson
255 W Alameda St
Tucson, AZ 85701
Procurement portal
https://secure.procurenow.com/portal/tucson-az
Public Portal https://secure.procurenow.com/portal/tucson-
az/projects/90791
PUBLISH DATE:
May 23, 2024
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 2 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
Attachments:
A - Offer and Acceptance
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 3 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
A.
NOTICE
A.1. CITY OF TUCSON
NOTICE OF REQUEST FOR PROPOSAL NO 240203
TITLE: Swimming Pool Supplies, Chemicals, Equipment and Related Services
SUBMITTAL DUE DATE: Thursday, June 13, 2024 AT 2:00 P.M. LOCAL AZ TIME
PRE-SUBMITTAL CONFERENCE DATE: Monday, June 3, 2024
TIME: 10:00 am LOCAL AZ TIME
LOCATION:
Microsoft
Teams
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_ZmJmNmEwYWItOTAyYi00MmY0LTllNDgtNzVmZWY5YzYyMjEz%40thread.v2/
0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-
cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d
Meeting ID: 258 936 852 194 Passcode: bcwWDv ________________________________________
Dial in by phone +1 213-293-2303,,963594701# United States, Los Angeles Phone conference ID: 963
594 701#
QUESTIONS
SHALL
BE
DIRECTED
TO:
Sandra
Alcorn
(520)
837-4118
sandra.alcorn@tucsonaz.gov
Posted Date: Thursday, May 23, 2024
Competitive sealed offers for the material or service specified in this solicitation must be submitted
through the City’s online bidding system. No late submitted offer will be accepted or considered.
Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are
cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated
delays resulting from things like a slow internet connection, internet outage, difficulty uploading large
documents, differing system requirements, etc.
Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 4 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
B.
INTRODUCTION
B.1. Summary
The City of Tucson intends to establish an annual term requirements contract for the purchase of
SWIMMING POOL SUPPLIES, CHEMICALS, EQUIPMENT, AND RELATED SERVICES, as per
specifications, to be delivered to various metropolitan Tucson locations.
B.2. Contact Information
Sandra Alcorn
Principal Contract Officer
Email: sandra.alcorn@tucsonaz.gov
Phone: (520) 837-4118
Department:
Parks and Recreation
B.3. Timeline
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 5 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
Release Project Date
May 23, 2024
Pre-Proposal Meeting (Non-
Mandatory)
June 3, 2024, 10:00am
Microsoft Teams
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_ZmJmNmEwYWItOTA
yYi00MmY0LTllNDgtNzVmZWY5YzYyMjE
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Meeting ID: 258 936 852 194
Passcode: bcwWDv
__________________________________
______
Dial in by phone
+1 213-293-2303,,963594701# United
States, Los Angeles
Phone conference ID: 963 594 701#
Question Submission Deadline
June 5, 2024, 5:00pm
Proposal Submission Deadline
June 13, 2024, 2:00pm
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 6 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
C.
SCOPE OF WORK
C.1. Scope of Work
The specifications below list general requirements; however, exceptions and/or variations thereto that
do not compromise overall quality and functionality will be considered. It is recognized that Participating
Agencies may have different requirements pertaining to quantities, service requirements, chemicals
needed, and various materials. It is the intent of this contract to encompass a comprehensive solution
for pool chemicals, products, and services related to swimming pool maintenance and care.
I. GENERAL REQUIREMENTS
1. DESCRIPTIVE LITERATURE: Upon request, offeror must submit complete manufacturers'
descriptive literature regarding the products they propose to furnish. Literature shall have sufficient
detail in order to allow a complete evaluation of the offer submitted. Failure to include this information
may result in the offer being rejected.
2. EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, technical
service bulletin, or other important notification affecting equipment or product purchased from this
contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the
contractors to assure that all recall notices are sent directly to the agencies Contract Representative.
3. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor.
The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall
be paid by the Contractor. All replacement products must be received by the City within seven (7) days
of initial notification.
4. DELIVERY CONSIDERATION: Delivery is an important consideration and may be a factor in the
determination of an award. Therefore, delivery time in calendar days after receipt of an order must be
stated in definite terms. Should there be variations in delivery time by item, bids/offers must be clear
in regard to those variations.
5. LOCAL STOREFRONT: Contractor shall have a local Tucson storefront to accommodate over-the-
counter point of sale purchases.
II. PRODUCT REQUIREMENTS
A. Offeror shall have the ability to provide a complete and comprehensive line of quality made
swimming pool products and equipment to support the daily maintenance and operations
functions of the agency.
B. WARRANTY: Offeror shall warrant that all equipment and parts furnished in their offer are
newly manufactured and free from defects in material and workmanship for no less than one
(1) year from the date the equipment is delivered or installed. Warranty shall also guarantee
accepted trade standards of quality, fitness for the intended uses, and conformance to
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 7 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
promises or specified specifications. No other express or implied warranty shall eliminate the
vendor’s liability as stated herein.
III. SERVICE REQUIREMENTS
A. Offeror shall have the ability to installation, repair, and maintenance and provide turn-key
solutions and services. The Offeror may satisfy this requirement with having the ability to
provide installation, repair, maintenance and turn-key solutions and services directly or through
City approved sub-contractors.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 8 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
D.
INSTRUCTIONS TO OFFERORS
D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION
For purposes of this solicitation and any subsequent contract, the following terms have the meanings
set
forth
below:
City:The City of Tucson, Arizona
Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract
will be deemed to include all the conditions and requirements set forth in this solicitation and any
Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions,
and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.
Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.
Contract Representative:The City employee or employees who have been designated to act as the
City contact for this solicitation process and who are responsible for monitoring and overseeing the
Contractor's performance under the Contract.
Business Services Director:The contracting authority for the City, authorized to sign contracts and
addenda thereto on behalf of the City.
May: Indicates something that is not mandatory but permissible.
May not:The indicated party is prohibited from taking the action.
Must: The action or condition is required.
Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in
response to this Solicitation.
Offeror: Each individual or entity that submits an Offer in response to this solicitation.
Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from
the City.
Will:The indicated party is promising to take the action or abide by the condition.
D.2. PRE-SUBMITTAL MEETING
A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation,
if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes
and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose
of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding
of the City's position.
D.3. INQUIRIES
Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal
Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding
system, to the Contract Officer by the Question Submission Deadline. The email must refer to the
solicitation number and the paragraph number of the provision that the question concerns. The Contract
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 9 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation
addendum or response through the question and answer portal in the online bidding system. Offeror
may not rely on oral interpretations or clarifications about the solicitation; only questions answered in
an email by the Contract Officer, posted through the online bidding system, or posted as a formal
solicitation addendum will be binding.
D.4. ADDENDUM OF SOLICITATION
Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible
for checking the webpage regularly for new solicitation addenda and must acknowledge each
addendum to this solicitation in its submittal. Please note that vendors who have registered with the
Business Services Department at https://procurement.opengov.com/portal/tucson-az and follow the
City of Tucson will receive email notifications of solicitation addenda.
D.5. UNDERSTANDING SCOPE OF WORK
Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work,
laws, regulations, physical conditions, and other factors affecting the obligations – including the
expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded
to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s
failure to fully understand or appreciate the Contract requirements or other factors affecting Contract
performance.
D.6. PREPARATION OF OFFER
A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must
be on those forms. Supporting documentation must be arranged in a manner that follows and
clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal
forms in order to complete them electronically but may not alter or rearrange them or change
any paragraph designations.
B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as
confidential must be clearly marked “CONFIDENTIAL.”
C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation,
any Offer forms provided must be completed and any requested supporting documentation
must be attached.
D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance
page. Any cover letter accompanying the proposal documents must be signed. Offeror must
initial each erasure, interlineation or other modification in the submittal. The person signing and
initialing on behalf of Offeror must be a person authorized to legally bind Offeror.
E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.
F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless
specifically stated otherwise.
G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or
withdraw its submittal after the Submittal Deadline.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 10 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting,
submitting or providing any response to this solicitation.
I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the
performance of the Contract if they are awarded the Contract and must describe their
qualifications in detail.
J. Incomplete Information. Failure to include all requested information may have a negative
impact on the evaluation of Offeror’s submittal.
D.7. PAYMENT DISCOUNTS
Payment discount periods shall be computed from the date of receipt of the material/service or correct
invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other
charges are itemized, any discount provided shall be taken on full amount of invoice. Payment
discounts of twenty-one calendar days or more shall be deducted from the proposed price in
determining the price points. However, the City shall be entitled to take advantage of any payment
discount offered by a vendor provided payment is made within the discount period. The payment
discount shall apply to all purchases and to all payment methods.
D.8. TAXES
The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt
from any other taxes, including state and local sales and excise taxes.
D.9. EXCEPTIONS TO CONTRACT PROVISIONS
By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with
the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly
identify the changes it is requesting. No requested modification will be deemed accepted by the City
unless and until the City’s Business Services Director or their designee expressly accepts it in writing.
D.10. PUBLIC RECORD
Any documents submitted by Offeror in response to this solicitation will become the property of the City.
Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be
a public record available for review by the public after the award notification.
D.11. CONFIDENTIAL INFORMATION
The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If
Offeror believes that any portion of its Offer, specification, protest or correspondence contains
information that is confidential and subject to being withheld from disclosure in the event that the City
receives a public records request to which the record is responsive, Offeror must, when the record is
submitted, provide the Contract Officer written notification of that fact. The records or portions of records
that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their
face. Pricing will not be treated as confidential.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 11 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
If the City, after award notification, receives a public-records request the scope of which includes a
document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written
determination regarding whether the document will be provided to the requestor. If the Contract Officer
determines that the document should be released, City will notify Offeror in writing. Unless Offeror,
within 10 days after the date of that notice, obtains and provides to City an order from a court of
competent jurisdiction prohibiting the City from releasing the documents, the City may release the
documents without any liability to Offeror.
D.12. WHEN AND HOW TO SUBMIT OFFERS
In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer
electronically
through
the
City’s
online
bidding
system:
https://procurement.opengov.com/portal/tucson-az
NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE
BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED
IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL
DEADLINE WILL NOT BE CONSIDERED.
D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST
Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with
any City staff outside the Procurement Division of the Business Services Department, regarding this
Solicitation. By submitting an Offer, Offeror warrants that:
A. Preparation and submission of the submittal did not involve collusion or other anti-competitive
practices.
B. Offeror 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 this solicitation.
C. No person has been employed or retained to solicit or secure a Contract under this solicitation
upon a promise of a commission, percentage, brokerage, or contingent fee.
D. No employee of the City involved in this Solicitation process, or any family member of such an
employee, has any substantial financial interest in Offeror’s firm. No member of the City of
Tucson Mayor and Council who has, or whose family member has, any substantial financial
interest in Offeror’s firm will participate in any action taken by the Mayor and Council with
respect to this Contract. The terms “relative” and “substantial interest” have the meanings
assigned in A.R.S. § 38-502
The City may disqualify Offeror from further participation in the solicitation process if the City determines
that any City employee or official involved in this Solicitation process has an actual or apparent conflict
of interest or if Offeror has engaged in any collusion or anti-competitive practices.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 12 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
D.14. WITHDRAWAL OF OFFER; BINDING OFFER
By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with
the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.
Telephonic or oral withdrawals are not effective.
Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless
the Director of the Business Services Department consents in writing to the withdrawal. The Offer will
be irrevocable for 90 days after the Offer Submittal Deadline.
D.15. DISCUSSIONS
The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor
irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer
and assure full understanding of, and responsiveness to, solicitation requirements.
D.16. VENDOR REGISTRATION; BUSINESS LICENSE
In order to be eligible for award of a Contract, Offeror must:
A. Register with the City’s Business Services Department. Registration can be completed at
https://procurement.opengov.com/portal/tucson-az
B. Obtain a City of Tucson Business License or a written determination from the City's Business License
Section that a license is not required. For questions contact the City's Business License Section at
(520) 791-4566 or email at license@tucsonaz.gov
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 13 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
E.
OFFER EVALUATION AND CONTRACT AWARD
E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of
importance)
A. Method of Approach
B. Qualifications & Experience
C. Price Proposal
E.2. INTERVIEWS
The City may interview some or all of the offerors at any point during the evaluation process. If
interviews are conducted, information provided during the interview process will be taken into
consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror
incurs during its participation in the interview process.
E.3. ADDITIONAL INVESTIGATIONS
The City may undertake any additional investigations it deems appropriate to evaluate the competence
and financial stability of any offeror.
E.4. OTHER INFORMATION
Information that evaluation committee members have about an offeror beyond what is provided in the
offeror’s Offer may be taken into consideration during the evaluation process.
E.5. PRICE
A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson
Procurement Code, the City will include the amount of all business privilege taxes other than
the City’s in evaluating the pricing component of each Offer.
B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar
days or more will be deducted from the proposed price in evaluating an offeror’s pricing.
However, the City may take advantage of any early- or timely-payment discounts offered by a
vendor. Any proposed payment discount will apply to all purchases and to all payment
methods
E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS
Notwithstanding any other provision of this solicitation, the City may:
A. Waive any immaterial defect or informality; or
B. Reject any or all submittals, or portions thereof; or
C. Reissue the solicitation.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 14 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
E.7. CONTRACT NEGOTIATIONS
At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final
conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not
disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent
negotiations do not constitute a contract award and do not confer any rights to the offerors participating
in such negotiations. In the event the City deems that negotiations are not progressing, the City may
formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the
next most qualified firm(s).
E.8. AWARD OF CONTRACT
A Contract is created when, and only when, it is formally awarded, which occurs when the Business
Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s
submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.
The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a
Notice of Intent to Award from the City, must sign and file with the City, within ten (10) days after receipt
of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does
not create a contract. Only a subsequent formal award, as described above, creates a Contract.
E.9. MULTIPLE AWARDS
The City, at its sole discretion, may award multiple Contracts.
E.10. SUBMITTAL RESULTS
After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on
the Business Services Department’s Internet site at https://procurement.opengov.com/portalucson-
az/contracts
E.11. PROTESTS
Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either
this solicitation or the award of a Contract under this solicitation. A protest based on alleged
improprieties in this solicitation must be filed no later than five (5) working days before the Proposal
Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar
days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after
the City issues a Notice of Award.
A protest must be made in writing and filed with the Contract Officer. It must include:
A. The name, address, and telephone number of the protestant;
B. The signature of the protestant or its representative;
C. The solicitation or Contract number;
D. A detailed statement of the legal and factual grounds for the protest along with copies of all
relevant documents; and
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 15 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
E. The form of relief requested.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 16 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
F.
EVALUATION PHASES
No.
Evaluation Criteria
Scoring
Method
Weight
(Points)
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 17 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
1.
Method of Approach
1. General Requirements
1. Describe offerors complete line of products available under an
awarded contract. Provide a detailed written response illustrating
how your offer will meet the general requirements of this solicitation
for the City of Tucson.
2. Submit any and all information that will aid the City in evaluating
your proposal.
3. Submit any and all information on your warranty program.
a. How long does it last?
b. How are sales calls handled and routed?
c. How are calls for service handled and routed?
d. Please describe in detail your escalation process and any
procedures that you have in place for guaranteeing customer
satisfaction.
e. Is there a dedicated support representative that the City will
contact?
f.
Please indicate the average turn around time for parts
D. Product Requirements
a. Please confirm that you can provide all products, as specified,
in the Product Requirements section of this solicitation.
e. Service Requirements
b. Please confirm that you can provide service, as specified, in
the Service Requirements section of this solicitation.
c. If you are proposing the use of a subcontractor to meet the
Service Requirements of this solicitation, please provide the
name and a detailed description of how the purposed
subcontractors will be utilized.
f. Upon written request from the City, Offerors may be required to provide a sample
of products requested to be submitted for evaluation and conformity with
specifications.
2. Distribution Network
1. Describe the number, size and location of your firm’s distribution
facilities, warehouses, retail network and local storefronts as
applicable.
N/A
N/A
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 18 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
Local storefronts and business hours:
Business
Location/
Address:
____________________________________________________
Business
Days
and
Hours
of
Operation:____________________________________________
Business
Location/
Address:
____________________________________________________
Business
Days
and
Hours
of
Operation:____________________________________________
Business
Location/
Address:
____________________________________________________
Business
Days
and
Hours
of
Operation:____________________________________________
2. Identify all other companies/distributors/dealers or wholly owned
subsidiaries that will be involved in processing, handling or
shipping the products/services.
3. Offerors shall provide the name and address of the distributor(s), if
other than the Offeror.
4. Describe your delivery commitment. What are your standard
delivery days? Identify and describe any exceptions.
5. Identify the supplier(s) and their business location(s) that will
service the City of Tucson’s account.
6. Identify the name and address of the manufacturer.
7. Provide a detailed written response illustrating how your firm will
meet the service requirements of this solicitation. Offerors should
provide the proposed services that will meet the Service
Requirements section of the Scope of service outlined in this
solicitation. For each proposed category, describe and/or provide
details explaining your capabilities.
8. Provide detailed information explaining your service capabilities.
9. Provided detailed information explaining the service capabilities of
your authorized dealers.
10. State any return and restocking policy, and any fees, if applicable,
associated with returns.
11. Offerors shall provide two (2) copies of the offeror’s inspection and
quality control policy and procedures manual.
12. Offerors shall submit information on their support program. How
does the City contact you? How are calls handled and routed?
What are your escalation procedures? Is there a dedicated support
representative that the City will contact?
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 19 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
13. Describe additional services are available under this contract (i.e.
offloading, assembling, customization, etc.)?
14. Submit all information that will aid the City in evaluating your
proposal.
C. Ordering and Invoices
1. Describe your ordering capacity (telephone, fax, internet, etc).
Provide details of the capabilities of your E-Commerce website
including ability to display contract pricing, on-line ordering, order
tracking, search options, order history, technical assistance, lists,
technical data and documentation, identification of alternate green
products, etc.
2. Describe the product delivery process and your delivery
commitment. What are standard product delivery timeframes? Are
there cut off dates and how are these dates communicated to
customers?
3. Describe your invoicing process. Is electronic invoicing available?
Is summary invoicing available? Are there other options on how an
agency receives an invoice? Submit sample invoices.
4. What quantities are recommended for ordering? Can the City vary
from these?
2.
Qualifications & Experience
1. Provide a brief history and description of your company. Describe
your market position in the state and local government, educational
market spaces.
2. In order to evaluate the financial aspects of your company, submit
your Dunn and Bradstreet Comprehensive Insight Plus Report.
3. Provide a listing of key personnel who may be assigned to the
City’s contract. Include their title within your organization and the
description of the type of work they may perform. Please identify an
executive corporate sponsor who will be responsible for the overall
management of the awarded Contract.
4. Summarize your experience in providing product and services
similar to that outlined in the Scope of Work. Provide a minimum of
three references for which you have provided similar products and
services. References from other public agencies, particularly
municipal governments, are preferred. Please include company
name, address, phone, email, and contact person.
5. Include in your discussion of price any volume discounts, minimum
quantities, special offers, etc. that will provide deeper discounted
pricing.
N/A
N/A
3.
Price Proposal
Provide price proposal as requested on the Price Page attached herein.
N/A
N/A
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 20 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
G.
PRICING
PRICE TABLE
Line Item
Description
Estimated
Annual
Usage
Unit of
Measure
Manufacturer Unit Cost
Total
No Bid
1
Calcium
Hypochlorite
(Chlorine
Granular), 65%, 25Lb Bucket
4,375
LB
2
MURIATIC ACID, 35%, REGULAR
(FOR SWIMMING POOL USE) 13 GAL
CARBOY
350
Gal
3
MURIATIC ACID, 35%, REGULAR
(FOR SWIMMING POOL USE) 5 GAL
CONTAINER
350
Gal
4
MURIATIC ACID, 35%, REGULAR
(FOR SWIMMING POOL USE) 1 GAL
NON-RETURNABLE CONTAINER
400
Gal
5
CHLORINE,
TABLET
1"
TRICHLOROTABLES IN THROW-A-
WAY CONTAINERS 50 LB PAIL
500
LB
6
CHLORINE,
TABLET
3"
TRICHLOROTABLES IN THROW-A-
WAY CONTAINERS 50 LB. PAIL
3,750
LBS
7
SODIUM
BICARBONATE,
FOOD
GRADE ONLY, 50 LBS. SACK, Natural
Soda LLC, NaHCO3 99%
50,000
LB
8
POOL
PERFECT,
NATURAL
CHEMISTRY, 3 LITER
200
EA
9
BROMINE (VANTAGE) 1" TABLET 50
LB.
CONTAINERS
AllChem
Performance
Products
1-bromo-3-
chloror-5,
5-dimethylhyddantoin,
weight-96 NO SUBSTITUTES
125,000
LB
10
LIQUID CAUSTIC SODA, 50%, 5
GALLON CONTAINER
1,500
Gal
11
LIQUID CAUSTIC SODA, 50%, 55
GALLON DRUM
35,000
Gal
12
LIQUID CAUSTIC SODA, 30%, 55
GALLON DRUM
600
LB
13
APPLIED-BIOCHEMISTS
THIO-
TRINE, 12/20 OZ BOTTLES PER
CASE
2
CS
14
GOLD-N-CLEAR
WATER
BRIGHTENER, 32/12 OZ BOTTLES
PER CASE MANUFACTURED BY
APPLIED BIOCHEMISTS
75
CS
15
PULSAR TABS
125,000
LB
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 21 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
Line Item
Description
Estimated
Annual
Usage
Unit of
Measure
Manufacturer Unit Cost
Total
No Bid
16
CYANURIC ACID IN DRY FORM 50
LBS
12,000
LB
17
CYANURIC ACID IN DRY FORM 100
LBS
12,000
LB
18
PULSAR DRY ACID TABS
125,000
LB
TOTAL
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 22 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
H.
SPECIAL TERMS AND CONDITIONS
H.1. COOPERATIVE PURCHASING
Contractor will, when requested, provide goods and services at the same prices and under the same
terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of
request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance
for
Volume
Expenditures
(SAVE)
cooperative.
See
http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of
agencies
that
have
Cooperative
Purchasing
Agreements
with
the
City;
see
http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.
These lists are subject to change. Contractor may, however, charge an agency that is outside the
Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in
providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).
Each participating agency that orders goods or services under this Contract as provided above is solely
responsible for paying Contractor for those goods and services. The City is not responsible for any
disputes arising out of transactions made by others.
H.2. PRICE ADJUSTMENT
At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to
the Contract Officer a request for price adjustments based on documented increased Contractor costs
and the City may, at its discretion, make price adjustments, which will apply during the extension term.
H.3. SUBSTITUTE ITEMS
In the event that a product or model provided under the contract is discontinued by the manufacturer,
the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item.
The Contractor shall request permission to substitute a new product or model and provide the following:
• A formal announcement from the manufacturer that the product or model has been
discontinued.
• Documentation from the manufacturer that names the replacement product or model.
• Documentation that provides clear and convincing evidence that the replacement meets or
exceeds all specifications required by the original solicitation.
• Documentation that provides clear and convincing evidence that the replacement will be
compatible with all the functions or uses of the discontinued product or model.
• Documentation confirming that the price for the replacement is the same as or less than the
discontinued model.
H.4. TERM AND RENEWAL
The term of the Contract will commence when awarded to Contractor and remain in effect for a period
of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The City may,
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 23 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
at its sole option, extend the Contract's term for up to four (4) additional one-year periods or portions
thereof.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 24 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
I.
INSURANCE REQUIREMENTS
I.1.
Required Insurance Policies
Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the
Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of
not less than A-VII:
I.2.
Commercial General Liability
Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual
Liability with coverage limits no lower than:
A. Each Occurrence: $1,000,000
B. General Aggregate: $2,000,000
C. Products & Completed Operations Aggregate: $2,000,000
D. Personal and Advertising Injury: $1,000,000
E. Blanket Contractual Liability: $1,000,000
I.3.
Commercial Automobile Liability
Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned
vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than
$1,000,000.
I.4.
Worker's Compensation
Policy must have coverage limits no lower than:
A. Per Occurrence: Statutory
B. Employer's Liability: $1,000,000
C. Disease Each Employee: $1,000,000
D. Disease Policy Limit: $1,000,000
E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To
determine whether the Contractor is a Sole Proprietor, please request the Sole
Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am
a sole proprietor, and I am doing business as [name of sole proprietor business]. I am
performing work as an independent contractor for the City of Tucson. I am not the employee of
the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to
workers' compensation benefits from the City. I understand that if I have any employees
working for me, I must maintain workers' compensation insurance on them.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 25 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
I.5.
Policy Change Notice
Contractor will give the City 30 days advance written notice before any of the above policies are
changed in any manner that is inconsistent with the requirements of this Contract. The notice must be
sent directly to the Procurement Division of the Business Services Department.
I.6.
Additional Insured
The Commercial General Liability, Commercial Automobile Liability and umbrella policies where
applicable will include the City as an additional insured with respect to liability arising out of the
performance of this contract. The City must be covered to the full policy limits, even if those limits of
liability are in excess of those required by this Contract. The coverage must be primary and any
insurance carried by City is excess and not contributing.
I.7.
Claims-Made Coverage
If any or part of the required insurance is written on a claims-made basis, any policy retroactive date
must precede the date of the contract and the Contractor must maintain such coverage for a period not
less than three (3) years following contract expiration, termination or cancellation.
I.8.
Additional Requirements
Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions),
must include or be endorsed to include to provide the following:
A. A waiver of subrogation endorsement in favor of the City, for losses arising from work
performed by or on behalf of the Contractor (Including Worker’s Compensation).
B. The policy is primary and any insurance carried by the City is excess and not contributing.
C. The coverage provided by the policy is not limited to the liability assumed under the
indemnification provisions of this Contract.
D. The insurer will provide written notice to the City at least ten (10) calendar days before the
policy is terminated or cancelled or the coverage is reduced.
I.9.
Verification of Coverage
A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by
the City), signed by an authorized representative of the insurer, showing that the Contractor
has all the insurance required by this Contract.
B. Contractor must deliver the certificates directly to the Procurement Division of the City’s
Business Services Department before the Contractor commences work under this Contract.
C. The certificates must contain the City project/contract number and project description.
D. The City reserves the right to require complete copies of all insurance policies required by this
Contract at any time.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 26 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
I.10. Subcontractors
Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or
Contractor must give the City separate certificates and endorsements for each subcontractor showing
that each subcontractor has the insurance coverage described above.
I.11. Public Entities
If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the
insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide
a Certificate of Self- Insurance.
I.12. Sufficiency of Coverage
The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to
protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient
to protect Contractor.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 27 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
J.
STANDARD TERMS AND CONDITIONS
J.1. ADVERTISING
Contractor will not advertise or publish information concerning this Contract without prior written
consent of the City’s Business Services Director.
J.2. COMPLIANCE WITH LAWS
The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive
Orders including, without limitation, the following:
A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -- 12213) and applicable
Federal regulations under the Act, including 28 CFR Parts 35 and 36.
B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and
State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that
they and any subcontractors working under this Contract are in compliance.
C. Affirmative Action. Contractor will comply with Chapter 28, Article XII of the Tucson City Code
Chapter 28.
J.3. GOVERNING LAW AND VENUE
This Contract is governed by the laws of the State of Arizona and the City and Contractor will have all
remedies afforded to each by the Tucson Procurement Code and the laws of the State of Arizona. Any
lawsuits regarding this Contract must be brought in a court of competent jurisdiction in Pima County,
Arizona.
J.4. ARBITRATION
Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is
binding unless given expressly and in writing after execution of this Contract. However, if both parties
agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq.
Contractor must continue to perform under this Contract without interruption, notwithstanding the
provisions of this section.
J.5. ASSIGNMENT
Contractor may not assign its rights or obligations under this Contract without the prior written
permission of the City's Business Services Director. The City will not unreasonably withhold approval
for a requested assignment.
J.6. SUBCONTRACTS
Contractor may not enter into any subcontracts for work under this Contract without the advance written
approval of the City's Business Services Director. All subcontracts will incorporate all the terms and
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 28 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any
subcontractors used.
J.7. PROTECTION OF CITY PROPERTY
If this Contract requires Contractor to perform any work on City-owned property, Contractor will use
reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees,
shrubs, and grass) on the property. Contractor will replace or repair any damage caused by Contractor
or any employee, agent, or subcontractor of Contractor, at no expense to the City. If Contractor fails or
refuses to make such repair or replacement, the City will estimate the cost of repair and, upon receiving
an invoice from the City for that estimated cost, Contractor will pay the City the invoiced amount. City
may, at its discretion, instead deduct the amount from any payments due Contractor under this or any
other City contract.
Contractor will, during the course of its work on City property, keep the work area, including any storage
areas used by the Contractor, free from accumulation of waste material or rubbish. Upon completion of
the work, Contractor will leave the work area in a clean and neat condition, free of any debris, and will
remove any non-City-owned materials or equipment or other personal property that it has caused to be
located on the City property.
J.8. COMMENCEMENT OF WORK
Contractor will not commence any billable work or provide any material or service under this Contract
until Contractor receives a purchase order or is otherwise directed to do so, in writing, by the City.
J.9. CONFIDENTIALITY OF RECORDS
Contractor will establish and maintain procedures to ensure that no information contained in its records
or obtained from the City or from others in carrying out its functions under this Contract is used or
disclosed by it, its agents, officers, or employees, except as required to efficiently perform its duties
under the Contract, and will take appropriate measures to protect any personal identifying information
of any individuals.
J.10. CONTRACT ADDENDA; ADDITIONAL WORK
This Contract may only be amended by a written agreement signed by the parties. The City’s Business
Services Director or their designee may, on behalf of the City (1) approve and execute any addenda,
change orders, or supplemental written agreements; and (2) grant time extensions or contract
renewals. Except in the case of a documented emergency, Contractor will not perform any work under
this Contract that exceeds the scope of work or contract amount unless a formal addendum or change
order has first been approved and executed by the City.
J.11. ENTIRE CONTRACT; INTERPRETATION
This Contract, which includes all the conditions and requirements set forth in the Solicitation and all
addenda to the Solicitation, all the Special Terms and Conditions and Standard Terms and Conditions,
and all the terms of the Offer submitted by Contractor as finally negotiated and accepted by the City,
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 29 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
constitutes the entire agreement of the parties regarding the services described in the Scope of Work
and will prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders, or master agreements in any form.
No course of prior dealings between the parties and no usage of the trade will be deemed to supplement
or explain any term used in the Contract.
J.12. SEVERABILITY
The provisions of this Contract are severable. If any provision or application of a provision of this
Contract is held to be invalid, that will not affect the validity of any other provision or application of a
provision that can remain meaningfully effective without the invalidated provision or application.
J.13. DUPLEXED/RECYCLED PAPER
Whenever practicable, all printed materials produced by Contractor in the performance of this Contract
will be duplexed (two-sided copies), printed on recycled paper, and labeled as such.
J.14. NON-DISCRIMINATION
Contractor will comply with all provisions and requirements of Arizona Executive Order 2009-09, which
is hereby incorporated into this Contract, including flow-down of all provisions and requirements to any
subcontractors. During the term of this Contract, Contractor will not discriminate against any employee,
client, or any other individual in any way because of race, color, religion, ancestry, sex, age, disability,
national origin, sexual orientation, gender identity, familial status, and/or marital status.
J.15. DELIVERABLES PROPERTY OF CITY; NO LIENS
All services, information, computer program elements, reports and other deliverables created under
this Contract are the sole property of the City and may not be used or released by Contractor except
with the City’s prior written permission.
All deliverables supplied to the City under this Contract will be free of all liens and encumbrances.
J.16. FEDERAL IMMIGRATION LAWS AND REGULATIONS
Contractor warrants and will require each subcontractor performing work on this Contract to warrant
that it will comply with all federal immigration laws and regulations that relate to its employees and with
the requirements of A.R.S. § 23-214(A). A breach of this warranty will be deemed a material breach of
this Contract that is subject to penalties up to and including termination of this Contract. City may
inspect the records of any employee of Contractor or any subcontractor performing work on this
Contract to monitor Contractor’s and its subcontractors’ compliance with this warranty.
J.17. FORCE MAJEURE
Except for payment of sums due, neither party will 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
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 30 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
party affected and occurs without its fault or negligence. Force Majeure does not include late
performance by a subcontractor unless the delay arises out of a Force Majeure occurrence.
If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party
must notify the other party in writing of the delay as soon as practical, including when the delay
commenced and its cause. The notice must make a specific reference to this article to fall within its
protection. The delayed party must resume performance as soon as practicable and must notify the
other party in writing when it has done so. The parties will modify the Contract to agree upon the period
of time by which the excused delay extends any completion dates.
J.18. GRATUITIES
The City may, by written notice to the Contractor, terminate this Contract if it finds that gratuities, in the
form of entertainment, gifts, meals or otherwise, were offered or given by Contractor or any agent or
representative of Contractor, to any officer or employee of the City to influence the award of this
Contract or any determinations with respect to the performance of this Contract. In the event this
Contract is terminated by the City pursuant to this provision, the City will be entitled, in addition to any
other rights and remedies, to recover or withhold from Contractor the amount of the gratuity.
J.19. CONFLICTS OF INTEREST
The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. § 38-511
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the City is or becomes, at any time while the Contract or any extension of the Contract is
in effect, an employee of, or a contractor to, Contractor with respect to the subject matter of this
Contract. Termination will be effective when written notice from the City's Business Services Director
is received by Contractor, unless the notice specifies a later time.
J.20. INDEMNIFICATION
To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, will
indemnify, defend, and hold harmless the City and its officials, employees, volunteers, and agents, from
and against all allegations, demands, proceedings, suits, actions, claims (including but not limited to
claims of patent, trademark, or copyright infringement), liability, damages, losses, expenses (including
but not limited to attorney fees and court costs, including the cost of appellate proceedings, and all
claim-adjusting-and-handling expenses) or disbursements of any kind or nature, that may be asserted
against, imposed on, or incurred by any of them, in any way relating to or arising from any actions,
errors, mistakes or omissions of Contractor or any subcontractor or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable relating to work, services
and/or products provided under this Contract.
Contractor is responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable. Contractor agrees to waive all rights of subrogation against the City, its
agents, officials, employees, and volunteers for losses arising from the work performed by Contractor
under this Contract.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 31 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
J.21. INTELLECTUAL PROPERTY
If manufacture, sale, or use of any method, process, machine, technique, design, living thing, genetic
material, or composition of matter, or any part thereof (“Product”) by Contractor in performing its duties
under this Contract is determined to constitute infringement and if further manufacture, sale, or use of
said Product is enjoined, Contractor will, at its own expense, either procure for the City the right to
continue manufacture, sale, or use of that Product, replace it with an alternative non-infringing Product,
or modify it so it becomes non-infringing.
If requested by City, Contractor will provide the City with satisfactory evidence of patent licenses or
patent releases covering City-specified proprietary materials, equipment, devices or processes.
J.22. INDEPENDENT CONTRACTOR
Neither party is the agent, employee, partner, joint venturer, or associate of the other. No employee or
agent of one party will be deemed or construed to be the employee or agent of the other party for any
purpose. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever
of the other, including (without limitation) the other party's obligation to withhold Social Security and
income taxes for itself or any of its employees.
J.23. INSPECTION AND ACCEPTANCE
All materials and services provided to the City under this Contract are subject to final inspection and
acceptance by the City. Any materials or services failing to conform to the specifications of this Contract
must be promptly replaced or redone at Contractor’s cost. Nonconforming goods or services may be
deemed a default and result in Contract termination.
J.24. ISRAEL BOYCOTT DIVESTMENT
If this Contract has a value of $100,000 or more, Contractor certifies that it is not currently engaged in,
and will not during the term of this Contract engage in, a boycott of goods or services from Israel as
defined in A.R.S. § 35-393.
J.25. LICENSES
Contractor will maintain in current status all Federal, State, and local licenses and permits required for
the operation of the business conducted by the Contractor as applicable to this Contract. Contractor
will, at the request of the City at any time during the term of this Contract, give the City a valid copy of
its business license or, if it is exempt, a written determination from the City Business License Section
that a business license is not required.
J.26. NON-EXCLUSIVE CONTRACT
This Contract is for the sole convenience of the City, which may obtain like goods or services from other
sources.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 32 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
J.27. OVERCHARGES BY ANTITRUST VIOLATIONS
To the extent permitted by law, Contractor hereby assigns to the City any and all claims that Contractor
has for overcharges by any subcontractor or supplier of goods or services used by Contractor to fulfill
this Contract that relate to antitrust violations.
J.28. PAYMENT
A. Form of Payment. The City’s preferred method of payment is via credit card, either at the time
of ordering or based on an invoice delivered with the goods and services. Unless otherwise
specified elsewhere in this Contract, the City is permitted to make payments to Contractor
using any lawful method of payment, including check/warrant, credit card, or electronic funds
transfer.
B. Invoices. Unless City pays by credit card at time of order or point of sale, Contractor will issue
to the City a separate invoice for each shipment of materials or provision of services under this
Contract, and City will issue no payment prior to receipt of the goods or services and the
related invoice. The invoice may not be dated prior to the receipt of goods or completion of
services.
C. Timing of Payments. The City will make commercially reasonable efforts to process payments
due under this Contract within 21 calendar days after receipt of materials or services and a
correct invoice.
D. Payment Discounts. Any early- or timely-payment discounts included in Contractor’s Offer will
apply to all payments under this Contract. The payment period for purposes of determining
whether the discount applies to a particular payment will begin on the date the City receives
the materials/service or a correct invoice for the materials/service, whichever is later, and will
end on the date City’s payment is issued. Unless taxes and transportation-related charges are
itemized, the discount will be calculated using the full invoice amount.
J.29. PROVISIONS REQUIRED BY LAW
This Contract will be deemed to include every provision required by law to be included. If through
mistake or otherwise any such provision is not included, or is included incorrectly, then upon request
by either party the parties will amend the Contract to insert or correct the required provision.
J.30. FINANCIAL RECORDS AND AUDITS
A. Financial Controls and Accounting Records. Contractor will exercise internal controls over all
financial transactions related to this Contract in accordance with sound fiscal policies.
Contractor will maintain books, records, documents, and other evidence directly pertinent to
the performance this Contract in accordance with generally accepted accounting principles and
practices consistently applied, and other local, state or federal regulations.
B. Retention Period. Contractor will maintain those records, together with related or supporting
documents and information, at all times during the term of this Contract and for a period of 3
years after its expiration or termination.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 33 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
C. Audits. Upon written notice from City, Contractor will obtain and provide to City a contract-
specific or general financial audit. The notice from City will specify the period to be covered by
the audit, the type of audit and the deadline for completion and submission of the audit results
to City. The audit must be performed by a qualified, independent accounting firm and include
Contractor’s responses, if any, to any audit findings.
D. Access to Books and Records. The City and its authorized representatives may, with advance
written notice to Contractor, during the term of this Contract or thereafter during the above
retention period, inspect and audit Contractor's books and records that relate to its operations
under this Contract as well as those kept by or under the control of its agents, assigns,
successors and subcontractors. The Contractor will, at its expense, make such books and
records available for such inspection and audit during normal business hours at Contractor’s
office, place of business, or other agreed-upon location, or will provide copies by mail or
electronically. The City may, as part of its examination, make copies of, or extracts from, all
such books and records (in whatever form they may be kept, whether written, electronic, or
other).
E. Result of Audit. If, as a result of such audit, Contractor is liable to the City for the payment of
any sum, Contractor will pay such sum to the City together with interest thereon at the rate of
one percent (1%) per month from the date such sums should have been paid, or the date of
any overpayment by City, within 90 days after presentation of City’s findings to Contractor. If
the audit results in findings of fraud, misrepresentation, or non‐performance, Contractor will
pay the City’s costs of conducting the audit. The City's audit rights will survive the expiration or
termination of this Contract.
F. Subcontractors and Assigns. Contractor will include these requirements in every agreement
with any agent, assign, successor, and subcontractor who provides construction, professional
design services, or other goods or services under this Contract.
J.31. RIGHT TO ASSURANCE
If a party to this Contract has reason to question, in good faith, the other party's intent to perform, the
former party may demand that the other party give a written assurance of their intent to perform. In the
event that a demand is made and no written assurance is given within 5 business days, the demanding
party may treat this failure as a default.
J.32. RIGHT TO INSPECT
The City may from time to time during normal business hours, at the City's expense, inspect the
Contractor’s or any subcontractor’s place of business at which work under this Contract is being
performed.
J.33. NO WAIVER
No provision in this Contract acts expressly or by implication as a waiver by either party of any existing
or future right and/or remedy available at law in the event of any default or breach of contract. If either
party fails to insist upon the other’s strict performance of any duty or condition under this Contract or
fails to exercise or delays in exercising any right or remedy provided in this Contract or by law, or
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 34 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
accepts nonconforming materials or services, that party will not be deemed to have waived its right to
insist thereafter upon the strict performance of the Contract.
J.34. SUSPENSION OF WORK
The City may order Contractor to suspend, delay, or interrupt all or any part of the work under this
Contract for the period of time that the City determines appropriate for the convenience of the City. The
order must be in writing and signed by the City’s Business Services Director.
J.35. TERMINATION OF CONTRACT
A. For Convenience. The City may terminate this Contract at any time, with or without cause, with
30 days’ advance written notice to Contractor. If the City terminates the Contract, it will be
liable only for payment for services rendered and accepted before the effective date of the
termination.
B. For Cause. The City may terminate this Contract if any Contractor representation or warranty
is found to have been inaccurate when made or is no longer accurate, or if Contractor fails to
carry out or abide by any term or condition of the Contract and fails to remedy the problem
within 10 days after receipt of notice of default from the City for monetary defaults, or within 30
days after notice if the default is non-monetary.
C. Non-Appropriation. Each payment obligation of the City created by this Contract is conditioned
upon the availability of funds that are appropriated or allocated for the payment of such
obligation. If funds are not appropriated by the City and available for the continued purchase of
the services and/or materials provided under this Contract, this Contract may be terminated by
the City at the end of the period for which funds are available. The City will endeavor to notify
Contractor if continued service will or may be affected by non-appropriation. No penalty will
accrue to the City in the event this provision is exercised, and the City will not be liable for any
future payments due or for any damages resulting from termination under this paragraph.
J.36. TITLE AND RISK OF LOSS
The title and risk of loss of any goods provided under this Contract will not pass to the City until the City
actually receives the goods at the point of delivery and thereafter accepts them. No tender of a bill of
lading will operate as a delivery of the materials.
J.37. ACCEPTANCE
Mere physical receipt and inspection of goods or services by the City does not alter or affect the
obligations of Contractor to provide goods and services that conform to all specifications of this Contract
and the City may reject goods or services that are later found to be nonconforming.
J.38. WAGE COMPLIANCE
Contractor shall pay their eligible employees the highest of:
A. the City of Tucson minimum wage
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 35 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
B. the State of Arizona minimum wage
C. if applicable, the Tucson Living Wage
Contractor shall cooperate with all efforts of the City of Tucson’s Labor Standards Unit (LSU) to monitor
and ensure compliance with applicable labor standards to include, but not be limited to, the following:
• Providing copies of pertinent documentation upon request
• Cooperating with audits and interviews
• Abiding by deadlines and adhering to due dates for determinations and appeals filings
Contractor agrees to educate their employees on the applicable wage(s) that law requires them to
minimally be paid.
All timely complaints that are received by the LSU will be evaluated in accordance with the procedures
posted on the LSU’s webpage: www.tucsonaz.gov/minimumwage
J.39. WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394
If Contractor engages in for-profit activities and has at least ten full time employees, Contractor certifies
that Contractor does not currently, and agrees for the duration of the contract that it will not, use: 1) the
forced labor of ethnic Uyghurs in the People’s Republic of China; 2) any goods or services produced
by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 3) 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. If Contractor becomes aware during the term
of the contract that it is not in compliance with the written certification, it must notify the City within five
business days after becoming aware of the noncompliance. This Contract will be automatically
terminated 180 days after the date of the notice unless Contractor has, before the end of that period,
notified the City that the noncompliance has been remedied.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 36 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
K.
VENDOR QUESTIONNAIRE
K.1. Discounts
As stated in the Instructions to Offerors. Discounts, the price(s) herein can be discounted by _______%,
if payment is made within ______ days. These payment terms shall apply to all purchases and to all
payment methods.
K.2. Cooperative Purchasing Program
Cooperative Purchasing Program
Cooperative Purchasing allows other public agencies to piggyback on the City of Tucson’s contracts.
Will your firm provide the City of Tucson, as the lead agency on this regional contract, a rebate in the
form of a percentage of sales based upon the other agencies sales?
☐ Yes
☐ No
If yes, state percentage.
K.3. City of Tucson Business License
Does your firm have a City of Tucson Business License?
If yes, please provide a copy of your City of Tucson Business license in the next question.
City of Tucson Business License
If yes on the above question please upload your business license.
K.4. Forms to be filled out
Please ensure that all required information is included with your offer.
A. Technical Proposal
B. Pricing Proposal
C. Offer and Acceptance Form
Technical Proposal*
Please upload your Vendor Response to Evaluation Criteria.
*Response required
Pricing Proposal
Please upload your Pricing Proposal (if applicable).
Offer and Acceptance Form*
Please upload the signed Offer and Acceptance Form.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 37 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
*Response required
Confidential Information
Does your response to this solicitation contain a request to hold some portion of your response
confidential and withhold from public record?
Please note: The City of Tucson is a public agency subject to public records laws. Therefore, all
requests to withhold information from the public record must be accompanied by justification. Pricing
will not be held confidential.
☐ Yes
☐ No
Confidential Information*
Does your response to this solicitation contain a request to hold some portion of your response
confidential and withhold from public record?
Please note: The City of Tucson is a public agency subject to public records laws. Therefore, all
requests to withhold information from the public record must be accompanied by justification. Pricing
will not be held confidential.
*Response required
Exceptions*
In accordance with Paragraph D.9 of the Instructions to Offerors, any exceptions that an offeror wishes
to submit for the City's consideration must be indicated here in order to be considered.
Is your firm submitting any exceptions for the City's consideration?
*Response required
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240203
BUSINESS SERVICES DEPARTMENT
Page 38 of 38
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4118
OFFER AND ACCEPTANCE
OFFER
TO THE CITY OF TUCSON:
The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions,
specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein.
For clarification of this offer, contact:
Name:
Company Name
Title:
Address
Phone:
City
State
Zip
Fax:
Signature of Person Authorized to Sign
E-mail:
Printed Name
Title
ACCEPTANCE OF OFFER
The Offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the
Contract. This Contract shall be referred to as Contract No. ________________.
CITY OF TUCSON, a municipal corporation
Approved as to form:
Awarded:
This ________ day of _______________ 20_____
This ________ day of _______________ 20_____
As Tucson City Attorney and not personally
As Director of Business Services and not
personally
Line Item
Description
Estimated AnnuaUnit of Measure
Manufacturer
Unit Cost
Total
No Bid
1
Calcium Hypochlorite (Chlorine Granular),
65%, 25Lb Bucket
4375 LB
LESLIE'S BRANDED
POWER POWDER 70
BY SOLENIS
$5.9996/POUND INVOICED AS
$149.99/25LB BUCKET
$26,248.25
175 BUCKETS
2
MURIATIC ACID, 35%, REGULAR (FOR
SWIMMING POOL USE) 13 GAL CARBOY
350 Gal
HASA (32-39%)
SIZE SUBSTITUTION
$7.7993/GALLON INVOICED AS
$116.99/15G DELBOY REQUIRES
ADDITIONAL $50 DEPOSIT/CONTAINER
$2,807.76
24 DELBOYS
3
MURIATIC ACID, 35%, REGULAR (FOR
SWIMMING POOL USE) 5 GAL
CONTAINER
350 Gal
VARIOUS (32-39%)
SIZE SUBSTITUTION
$8.9975/GALLON INVOICED AS
$35.99/CASE OF 4 GALLONS
$3,167.12
88 CASES
4
MURIATIC ACID, 35%, REGULAR (FOR
SWIMMING POOL USE) 1 GAL NON-
RETURNABLE CONTAINER
400 Gal
VARIOUS (32-39%)
SIZE SUBSTITUTION
$9.445/GALLON INVOICES AS
$18.89/CASE OF 2 GALLONS
$3,778.00
200 CASES
5
CHLORINE, TABLET 1" TRICHLOROTABLES
IN THROW-A-WAY CONTAINERS 50 LB
PAIL
500 LB
IN THE SWIM
BRANDED 1"
TRICHLOR BY
ALLCHEM
$4.0498/POUND INVOICED AS
$202.49/50LB BUCKET
$2,024.90
10 BUCKETS
6
CHLORINE, TABLET 3" TRICHLOROTABLES
IN THROW-A-WAY CONTAINERS 50 LB.
PAIL
3750 LBS
LESLIE'S BRANDED
3" TRICHLOR BY
LPM
MANUFACTURING
$4.1398/POUND INVOICES AS
$206.99/50LB BUCKET
$15,524.25
75 BUCKETS
7
SODIUM BICARBONATE, FOOD GRADE
ONLY, 50 LBS. SACK, Natural Soda LLC,
NaHCO3 99%
50000 LB
BICAR® USP Grade 2
$0.4798/POUND INVOICED AS
$23.99/50LB BAG
$23,990.00
1000 BAGS
8
POOL PERFECT, NATURAL CHEMISTRY, 3
LITER
200 EA
NATURAL
CHEMISTRY
$26.39/3L BOTTLE INVOICED EACH
AVAILABLE 4/CASE
$5,278.00
200 BOTTLES
9
BROMINE (VANTAGE) 1" TABLET 50 LB.
CONTAINERS AllChem Performance
Products 1-bromo-3-chloror-5, 5-
dimethylhyddantoin, weight-96 NO
SUBSTITUTES
125000 LB
NO BID
10
LIQUID CAUSTIC SODA, 50%, 5 GALLON
CONTAINER
1500 Gal
NO BID
11
LIQUID CAUSTIC SODA, 50%, 55 GALLON
DRUM
35000 Gal
NO BID
12
LIQUID CAUSTIC SODA, 30%, 55 GALLON
DRUM
600 LB
NO BID
13
APPLIED-BIOCHEMISTS THIO-TRINE,
12/20 OZ BOTTLES PER CASE
2 CS
LESLIE'S BRANDED
SUBSTITUTION BY
JONAS & CO
$16.39/48OZ BOTTLE INVOICED EACH
AVAILABLE 16/CASE
$524.48
32 BOTTLES
14
GOLD-N-CLEAR WATER BRIGHTENER,
32/12 OZ BOTTLES PER CASE
MANUFACTURED BY APPLIED
BIOCHEMISTS
75 CS
APLLIED
BIOCHEMISTS
$22.79/32OZ BOTTLE INVOICED EACH
AVAILABLE 12/CASE
$20,511.00
900 BOTTLES
15 PULSAR TABS
125000 LB
NO BID
16 CYANURIC ACID IN DRY FORM 50 LBS
12000 LB
IN THE SWIM
BRANDED BY
ALLCHEM
SIZE SUBSTITUTION
$2.6664/POUND INVOICES AS
$119.99/45LB BUCKET
$32,037.33
267 BUCKETS
17 CYANURIC ACID IN DRY FORM 100 LBS
12000 LB
VARIOUS
$1.8749/POUND INVOICES AS
$187.49/100LB DRUM
$22,498.80
120 DRUMS
18 PULSAR DRY ACID TABS
125000 LB
NO BID
Total
$158,389.89
TUCSON, AZ CSC #3017
1959 W MCMILLAN ST STE 101
TUCSON, AZ 85705-2271
(520) 887-5446
Phone
#
:
(602) 931-4856
Fax
#...:
723252
CITY OF TUCSON RFQ08142024V2
Quote Name:
Quote #:
Date.........:
8/15/24
Customer #:
OMNIA CITY OF TUCSON
43123
Customer:
Billing Address:
Shipping Address:
PO BOX 27210
ATTN: ACCOUNTS PAYABLE PO BOX 27450
TUCSON AZ, 85726-7210
TUCSON AZ, 85726-7450
Contact..: RFQ
Phone....: () -
Email.:
Page:
1
________________________________________________________________________________________________________________________
Line #
Item #
Item Description
Qty
Unit Price
Ext Price
18763
149.99
175
26,248.25
25LB POWER PWDER GRANULAR 70NB
1
LINE 1
14236
116.99
24
2,807.76
ACID 15 GAL CARBOY (29-32%)
2
LINE 2 SUBSITUTE STRENGTH AND SIZE
CONTAINER REQUIRES 14183 $50 DEPOSIT
14260
35.99
88
3,167.12
ACID (4X1 NO DEP 29-32%)
3
LINE 3 SUBSITUTE STRENGTH AND SIZE
SOLD BY THE CASE / 4 - 1 GALLON CONTAINERS
14015
18.89
200
3,778.00
ACID 2X1 (NO DEP 29-32%)
4
LINE 4 SUBSITUTE STRENGTH AND SIZE
SOLD BY THE CASE / 2 - 1 GALLON CONTAINERS
400187
202.49
10
2,024.90
50# ITS 1" CHLOR TABS
5
LINE 5
13450
206.99
75
15,524.25
50# LESL JUMBO 3" TABS
6
LINE 6
81294
23.99
1000
23,990.00
50LB SODIUM BICARB USP2
7
LINE 7
14146
26.39
200
5,278.00
POOL PERFECT 3 LITER
8
LINE 8
18798
16.39
32
524.48
3LB CHLORINE NEUTRALIZER NB
9
LINE 13 SIZE SUBSTITUTION / SOLD INDIVIDUALLY
905005
22.79
900
20,511.00
GOLD N CLEAR 1QT
10
LINE 14 12 32OZ BOTTLE PER CASE/SOLD INDIVIDUALLY
400259
119.99
267
32,037.33
ITS CONDITIONER 45LB
11
LINE 16 - SIZE SUBSTITUTION
81293
187.49
120
22,498.80
CONDITIONER 100# DRUM
12
LINE 17
Notes:
NO BID OR SUBSTITUTIONS FOR LINE 9, 10, 11, 12, 15, OR 18
TUCSON, AZ CSC #3017
1959 W MCMILLAN ST STE 101
TUCSON, AZ 85705-2271
(520) 887-5446
Phone
#
:
(602) 931-4856
Fax
#...:
723252
CITY OF TUCSON RFQ08142024V2
Quote Name:
Quote #:
Date.........:
8/15/24
Customer #:
OMNIA CITY OF TUCSON
43123
Customer:
Billing Address:
Shipping Address:
PO BOX 27210
ATTN: ACCOUNTS PAYABLE PO BOX 27450
TUCSON AZ, 85726-7210
TUCSON AZ, 85726-7450
Contact..: RFQ
Phone....: () -
Email.:
Page:
2
________________________________________________________________________________________________________________________
Line #
Item #
Item Description
Qty
Unit Price
Ext Price
________________________________________________________________________________________________________________________
158,389.89
To Approve: Sign and Email to
Sub-Total..:
Dot Stevenson
dstevenson@lesl.com
.00
Freight.....:
For Question please call
(856)467-7922
Date:
___________________________
________________
Signature...:
13,779.92
Tax.........:
.00
Labor......:
___________________________
Print Name:
172,169.81
Total.......:
________________________________________________________________________________________________________________________
___
IF A CONTRACT IS REQUIRED TO COMPLETE JOB, THE COMPANY NEEDS TO APPROVE CONTRACT PRIOR TO JOB START DATE.
___
INVOICES IN EXCESS OF $1,000 ARE SUBJECT TO A DOWN PAYMENT
THIS QUOTE IS MADE AS OF THE DATE SET FORTH ABOVE AND IS VALID FOR THIRTY (30) DAYS. UPON EXPIRATION OF THE 30 DAY PERIOD, PRICING AND OTHER
COMPONENTS OF THE QUOTE ARE SUBJECT TO CHANGE. LESLIE'S RESERVES THE RIGHT TO MAKE ADJUSTMENTS IN FULL OR IN PART TO THE QUOTE FOR VARIOUS REASONS
INCLUDING, BUT NOT LIMITED TO, CHANGING MARKET CONDITIONS, PRODUCT AND SERVICE DISCONTINUATION OR AVAILABILITY, MANUFACTURER PRICE CHANGES, ERRORS
IN ADVERTISEMENTS OR QUOTES, OR STATE OR FEDERAL TAX CHANGES. LESLIE'S REQUIRES PAYMENT IN FULL ON ANY ORDER PRIOR TO ORDERING PARTS OR OUT-OF-STOCK
ITEMS. UNLESS NOTED ABOVE, THIS QUOTE DOES NOT INCLUDE CHARGES FOR FREIGHT, MEDIA (I.E., SAND, SALT OR DIATOMACEOUS EARTH), OR INSTALLATION.
LESLIE'S DOES NOT CERTIFY NOR WARRANT THE CONDITION OF OWNER'S POOL OR EQUIPMENT. IT IS THE RESPONSIBILITY OF THE POOL OWNER/OPERATOR TO MAINTAIN
THEIR POOL ACCORDING TO ALL STATE AND LOCAL HEALTH CODE STANDARDS AND REGULATIONS.
We look forward to working with you soon.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/3/2024
CAC Specialty
250 Fillmore, Suite 450
Denver, CO 80206
205-414-8110
www.cacspecialty.com
Continental Casualty Company
20443
Continental Insurance Company
35289
American Casualty Company of Reading, PA
20427
Transportation Insurance Company
20494
A
1,000,000
7036236450
11/1/2023
11/1/2024
1,000,000
10,000
1,000,000
SIR- $250,000
2,000,000
2,000,000
A
BUA7036235783
11/1/2023
11/1/2024
2,000,000
Comp/Collision Deduct.
$25,000
B
7034550313
11/1/2023
11/1/2024
2,000,000
2,000,000
Follows Form
C
WC736236299- AOS
11/1/2023
11/1/2024
C
WC736235556- CA
11/1/2023
11/1/2024
1,000,000
N
D
WC736235539- Retro
11/1/2023
11/1/2024
1,000,000
1,000,000
Kim Was
Alex Call
alex.call@cacgroup.com
Leslie's Poolmart, Inc.
2005 E. Indian School Road
Phoenix AZ 85016
81735414
City of Tucson
Attn: Business Services Department
255 W Alameda
6th Floor
Tucson AZ 85726
81735414 | 23-24 GL, Au, Umb, WC- $2M Umb. | Alex Call | 9/3/2024 12:05:01 PM (MDT) | Page 1 of 5
This certificate cancels and supersedes ALL previously issued certificates.
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:
FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER
NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
The City is included as Additional Insured as respects to General Liability and Auto
Liability. General Liability shall be Primary and Non-Contributory with any other
insurance in force for or which may be purchased by The City of Tucson and its agents,
officials or employees where required by written contract. Waiver of Subrogation applies
in favor of The City of Tucson with respects to General Liability, Auto Liability and
Workers Compensation as permitted by law. Coverage for Contractual Liability is provided
under the General Liability policy. 30-day notice of cancellation is granted to the
certificate holder where required by written contract.
CAC Specialty
Leslie's Poolmart, Inc.
2005 E. Indian School Road
Phoenix AZ 85016
25
Certificate of Liability (03/16)
ADDENDUM
HOLDER:
ADDRESS:
City of Tucson Attn: Business Services Department
255 W Alameda 6th Floor Tucson AZ 85726
81735414 | 23-24 GL, Au, Umb, WC- $2M Umb. | Alex Call | 9/3/2024 12:05:01 PM (MDT) | Page 2 of 5
This certificate cancels and supersedes ALL previously issued certificates.
CNA PARAMOUNT
Primary and Noncontributory - Other Insurance
Condition Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
It is understood and agreed that the condition entitled Other Insurance is amended to add the following:
Primary And Noncontributory Insurance
Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other
insurance available to an additional insured under this policy provided that:
a.
the additional insured is a named insured under such other insurance; and
b.
the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and
would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA74987XX (1-15)
Page 1 of 1
Policy No: 7036236450
Endorsement No:
CONTINENTAL CASUALTY COMPANY
Effective Date: 11/01/2023
LESLIE'S POOLMART INC
Insured Name:
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
50020000870117521080487
81735414 | 23-24 GL, Au, Umb, WC- $2M Umb. | Alex Call | 9/3/2024 12:05:01 PM (MDT) | Page 3 of 5
This certificate cancels and supersedes ALL previously issued certificates.
CNA PARAMOUNT
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
WHRE REQUIERD BY WRITTEN CONTRACT PRIOR TO LOSS.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled
Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:
With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the
Insurer may have against such person or organization because of payments the Insurer makes for injury or damage
arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations
hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,
and expires concurrently with said Policy.
CNA75008XX (10-16)
Page 1 of 1
Policy No: 7036236450
Endorsement No:
CONTINENTAL CASUALTY COMPANY
Effective Date: 11/01/2023
LESLIE'S POOLMART INC
Insured Name:
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
50020000870117521080488
81735414 | 23-24 GL, Au, Umb, WC- $2M Umb. | Alex Call | 9/3/2024 12:05:01 PM (MDT) | Page 4 of 5
This certificate cancels and supersedes ALL previously issued certificates.
Workers Compensation And Employers Liability Insurance
Policy Endorsement
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may
execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this
waiver of subrogation does not apply to any construction group of classifications as designated by the waiver
of right to recover from others (subrogation) rule in our manual.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover
from under a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Chicago, IL 60606
Policy No: WC 7 36236299
Policy Effective Date: 11/01/2023
Policy Page:
Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date:
Endorsement Expiration Date:
Endorsement No: Page: 1 of 1
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St,
Copyright 1983 National Council on Compensation Insurance.
81735414 | 23-24 GL, Au, Umb, WC- $2M Umb. | Alex Call | 9/3/2024 12:05:01 PM (MDT) | Page 5 of 5
This certificate cancels and supersedes ALL previously issued certificates.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
LESLIE'S POOLMART, INC.
FOR SWIMMING POOL SUPPLIES, CHEMICALS, EQUIPMENT,
AND RELATED SERVICES
EXHIBIT B
Scope of Work
In accordance with the terms and conditions of this Agreement and the City of Tucson, Arizona,
Cooperative Purchasing Agreement, Contract No. 240203-02, the City of Glendale is retaining Leslie’s
Poolmart, Inc. for swimming pool supplies, chemicals, equipment, and related services for its parks,
recreational facilities, swimming pools, and splash pads on an as needed basis.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
LESLIE'S POOLMART, INC.
FOR SWIMMING POOL SUPPLIES, CHEMICALS, EQUIPMENT,
AND RELATED SERVICES
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Goods and services shall be purchased in accordance with the terms, conditions, and rates of the City of
Tucson, Arizona, Contract No. 240203-02 (Cooperative Agreement) for swimming pool supplies,
chemicals, equipment, and related services for the City's parks, recreation facilities, swimming pools, and
splash pads.
Leslie's Poolmart, Inc., shall be paid based on the quote(s) provided and upon receipt of goods and
services included in the contracted scope of work, and following the City’s receipt of a properly completed
invoice.
Invoicing: Invoice(s) will be submitted to the Recreation Division for payment of the invoice(s) and
paid in accordance with city procedures through the City of Glendale Finance Department, accounts
payable in a timely manner. Any issues regarding billing or invoicing must be directed to the City of
Glendale Recreation Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information
b. Name of person placing the order
c. Site location and address
d. Purchase Order number
e. City contract number as listed on the first page of the Agreement
f. City billing information
g. Invoice number and date
h. Payment terms
i. Date of service or delivery;
j. Description of materials and/or services provided
k. If materials provided, the quantity delivered and pricing of each unit
l. Applicable taxes
m. If applicable, mileage or travel costs
n. Total amount due
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $750,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Payment of Funds: Payment will be made upon receipt of goods or the completion of services provided
within thirty (30) working days through a traditional method of a check.from invoice(s) provided by the
Contractor. Pricing for all goods and services are included in the City of Tucson, Arizona Agreement,
Contract No. 240203-02 (Cooperative Agreement), and attached hereto as Exhibit A. Contractor shall use
the contracted prices to formulate a written quote for each purchase or service requested. Each request for
purchase of products or services provided shall be quoted in writing and shall be reviewed by an
authorized City of Glendale representative who shall verify that it meets the contractual pricing before any
work begins.