HomeMy WebLinkAboutC2020-022 - Redburn Tire Company i
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Contract No.2020-022
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
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AND sx
REDBURN TIRE COMPANY
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THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of August 1,2019, between the Town of Fountain Hills, an Arizona municipal corporation(the
"Town"), and Redburn Tire Company, an Arizona corporation (the"Contractor").
RECITALS
A. After a competitive procurement process,the State of Arizona(the"State")entered
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into Contract No. CTR042117, dated April 12, 2019 (the "State Contract"), with Bridgestone
Americas Tire Operations, LLC ("Bridgestone"), for Bridgestone to provide the State with tires
and tire repair and service. A copy of the State Contract is attached hereto as Exhibit A and
incorporated herein by reference,to the extent not inconsistent with this Agreement. Contractor is
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an authorized dealer for Bridgestone. 1
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make 1
purchases under the State Contract, at its discretion and with the agreement of the awarded
Contractor, and the State Contract permits its cooperative use by other public entities, including
the Town. x
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C. The Town and the Contractor desire to enter into this Agreement for the purpose of 5
(i) acknowledging their cooperative contractual relationship under the State Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with tires and tire repair and service (the "Materials and Services") and (iii) setting the
maximum aggregate amount to be expended pursuant to this Agreement related to the Materials L
and Services. .
AGREEMENT il
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which 11
are incorporated herein by reference, the following mutual covenants and conditions, and other Y
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
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1. Term of Agreement.This Agreement shall be effective as of the date first set forth
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above and shall remain in full force and effect until July 31, 2020 (the "Initial Term"), unless
terminated as otherwise provided in this Agreement or the State Contract. After the expiration of
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the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the
"Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii)the term of the State Contract has
not expired or has been extended, (iii)at least 30 days prior to the end of the then-current term of
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this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv)the Town approves the additional one-year term in writing(including any
price adjustments approved as part of the State Contract), as evidenced by the Town Manager's
signature thereon,which approval may be withheld by the Town for any reason.The Contractor's -
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failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, may, at its discretion
however, that the Town
and with the agreement of the Contractor, elect to waive this requirement and renew this i
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the 5
"Term."Upon renewal, the terms and conditions of this Agreement shall remain in full force and k
effect.
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2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the State Contract. The Town does
not guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement.Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved.For purchase(s)determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such 5
quantities and configurations agreed upon between the parties, in a written invoice, quote, workii
order or other form of written agreement describing the work to be completed (each, a "Work
Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall t
(i) contain a reference to this Agreement and the State Contract and (ii) be attached hereto as
Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the State Contract will be subject to rejection. i
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2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this I.
Agreement and/or the State Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services,the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii)
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bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
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after issuance of the work order.The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement. t
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3. Compensation.The Town shall pay Contractor an amount not to exceed$8,000.00 1
for the Materials and Services at the rates set forth in the State Contract. The aggregate not-to- i
exceed amount, inclusive of all Renewal Terms, shall not exceed $32,000.00.
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4. Payments.The Town shall pay the Contractor monthly,based upon acceptance and
delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the State
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Contract and (ii) document and itemize all work completed to date. The invoice statement shall
include a record of materials delivered,time expended, and work performed in sufficient detail to
justify payment. Additionally, invoices submitted without referencing this Agreement and the
State Contract will be subject to rejection and may be returned.
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5. Records and Audit Rights.To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books, 3
records,correspondence, accounting procedures and practices,and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors' G
employees who perform any work or services pursuant to this Agreement (all of the foregoing !.
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to £
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights r.
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to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended,the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-
4401,the Contractor and its subcontractors warrant compliance with all federal immigration laws J
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIz. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the h
termination of this Agreement by the Town. 1
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7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a"boycott,"as that term is defined in ARIz.
REV. STAT. § 35-393,of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
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ARIz.REV.STAT. § 38-511.
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9. Applicable Law;Venue.This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
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County,Arizona. €
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10. Agreement Subject to Appropriation. The Town is obligated only to pay its i
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations I
under this Agreement are current expenses subject to the "budget law" and the unfettered j..
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
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Should the Town elect not to appropriate and budget funds to pay its Agreement obligations,this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
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any subsequent obligation under this Agreement.The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in 1
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement h
is executed and delivered. The Town shall be the sole judge and authority in determining the
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availability of funds for its obligations under this Agreement. The Town shall keep Contractor I
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town, r
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section. €
11. Conflicting Terms. In the event of any inconsistency,conflict or ambiguity among g
the terms of this Agreement, the State Contract, the Proposal, and invoices, the documents shall 1
govern in the order listed herein.Notwithstanding the foregoing, and in conformity with Section 2
above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of t
this Agreement or the State Contract(collectively,the"Unauthorized Conditions"),other than the
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Town's project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this i
Agreement or under the State Contract shall not alter such terms and conditions or relieve d
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the State Contract, the Town
shall be afforded all of the rights and privileges afforded to the State and shall be the "State" (as i
defined in the State Contract) for the purposes of the portions of the State Contract that are
incorporated herein by reference.
13. Indemnification;Insurance.In addition to and in no way limiting the provisions set
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forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the State to the extent provided under the State Contract, and such
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insurance coverage and indemnifications shall inure and apply with equal effect to the Town under 4
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
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losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees,court costs and the costs of appellate proceedings)to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the F
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests.Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
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(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service,to the address set forth below:
If to the Town: Town of Fountain Hills v
16705 E. Avenue of the Fountains
Fountain Hills,Arizona 85268 s
Attn: Grady E. Miller,Town Manager
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With copy to: Pierce Coleman PLLC r.
4711 E. Falcon Dr., Ste. 11 l
Mesa,Arizona 85215
Attn: Aaron D. Arnson,Town Attorney 1
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If to Contractor: Redburn Tire Company
3801 W.Clarendon Ave.
Phoenix, Arizona 85019
Attn: JD Chastain
or at such other address, and to the attention of such other person or officer, as any party may
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designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being F
given to a recognized overnight delivery service, with the person giving the notice paying all
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required charges and instructing the delivery service to deliver on the following business day. If 1
a copy of a notice is also given to a party's counsel or other recipient, the provisions above 1.
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governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the i
notice may be sent, is deemed to have received the notice.
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[SIGNATURES APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first set forth above.
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"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
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Grady E. ler,T n Manager
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lizabeth r e,Town C er
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APPROVED AS TO FORM:
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aron D. r son,Town Attorn
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(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
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COUNTY OF MARICOPA )
On YY�Vv( 14 ,2019,before me personally appeared Grady E.Miller,the Town
Manager of therz_ OWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. z
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�,1�4,, ,IAMIE Sq�ENTINE qpsyt.:Jak,,_
Public
r� *ry Public-State of Arizonls y
^� '' MARICOPA COUNTY
� Commission#550103
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f�ltrtirb� Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
REDBURN TIRE COMPANY, I
art Arizona cot. ratioi
By: I
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Name: Se-torr
Its: creAlia xeos I
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(ACKNOWLEDGEMENT)
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STATE OF A r, i-.,e‘it )
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COUNTY OF ivi, , .I )
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On , the
, 2019, before me personally appeared --4, oii r).,. „1°,3,.. \
1 of REDBURN TIRE COMPANY, an Arizona corporation, whose identity was
proven to the on the basis of satisfactory evidence to be the person who he or she claims to be, and I
acknowledged that he or she signed the above document,on behalf of the corporation. &
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"•;....,..., Nosy POW-Miteite
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Wi, ree=r4Pibviros
* ' matiosents
Notar ----------------
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(Affix notary seal here)
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EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
REDBURN TIRE COMPANY
[State Contract]
See following pages.
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Douglas A.Ducey Gilbert Davidson rnl
Governor Chief Operating
Officer and
Acting Director
ARIZONA DEPARTMENT OF ADMINISTRATION
100 NORTH FIFTEENTH AVENUE o SUITE 402
PHOENIX,ARIZONA 85007
(602)542-55I I
NASPO
l lni NASPO Value Point Tires, Tubes and Services State of Arizona
State Procurement Office
NASPO Master Contract Number 19102 ih
100 North 15 Avenue,Suite 402
Phoenix,AZ 85007
Arizona Participating Addendum
Contract No.CTR042117
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Contractor:Bridgestone Americas Tire Operations,LLC g.
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In accordance with A.R.S. §41-2632, AAC R2-7-1002, Cooperative Purchasing, the following document shall relay all
additional requirements for the State of Arizona in Its use and participation in the NASPO Value Point contract for Tires,
Tubes and Services, as awarded by the State of Iowa, Lead State,for this competitively procured contract.
Contractors are strongly encouraged to read this document in its entirety. All requirements stated within this document a.
are allowable under any respective Master contract, and shall be viewed as such. Any attempt to modify or change this
document without consent from the State of Arizona shall result in the nullification of this contract.
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State of Arizona
State Procurement Office
Table of Contents 100 North 15 Avenue,suite 402
Phoenix,AZ 85007
Contract Number:CTR042117
Description:Tires,Tubes and-Services
Attachment I -OFFER AND ACCEPTANCE FORM 3
SCOPE OF WORK 5
SPECIAL TERMS AND CONDITIONS... 6
UNIFORM TERMS AND CONDITIONS. 17
Pricing 24
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M 4 II k 111!.' State of Arizona 1
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Attachment 1 - Offer and Accept nc.e State Procurement Office
t 100 North 15 Avenue,Suite 402
Phoenix,AZ 85007 ,
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Contract Number CTR042117 Contractor:Bridgestone Americas Tire Operations,LLC ..............-1
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Description:Tires,Tubes and Services
ATTACHMENT 1 Offer and Acceptance
OFFER
TO THE STATE OF ARIZONA:
The Undersigned hereby offers and agrees to furnish the material,service or construction in compliance with all terms,
conditions,specifications and amendments in the Solicitation and any written exceptions in the offer.
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Arizona Transaction(Sales)Privilege Tax License No.:
07-337164D johavoz@rtco.iiet I
.,,,._. . E-mail: — ,
Federal Employer Identification No.: Phone: 480-603-6218 ..._,. i
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86-0360769
REDBURN TIRE COMPANY , x0. 00--A-____ „
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Company Name ,,S^ ature of Pe thorized to Sign Offer
Bridgestone Americas Tire P
Operations',LC ‘. - - t
Address nted e 1
200 4th reg,g Wei !
Avenue
South ..1..
City Nashville Stale TN Zip 37201 Title Manager Gov&Military Sales
By signature in the Offer section above,the Offeror certifies:
1.The submission of the Offer did not involve collusion or other anticompetitive practices.
2.The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11240,State Executive Order
2009-09 or A.R,S,§§41-1461 through 1465. t‘:
3.The Offeror has not given,offered to give,nor intends to give at any time hereafter any economic opportunity,future employment.gift,loan,gratuity,special i
discount,trip,favor,or service to a public servant in connection with the submitted offer.Failure to provide a valid signature affirming the stipulations required
by this clause shall result in rejection of the offer.Signing the offer with a false statement shall void the offer,any resulting contract and may be subject to legal
remedies provided by law.
4.The Offeror certifies that the above referenced organization IS/IS NOT a small business with less than 100 employees or has gross revenues of$4
million or less. .
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•Zir.2Z1=G . ....... ,.„ SIM .S.
The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation,
including all terms,conditions,specifications,amendments,etc.,and the Contractor's Offer as accepted by the State.This 0
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Contract shall henceforth be referred to as Contract No.CTR042117 1
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The Contractor has been cautioned not to commence any billable work or to provide any material or service under this
contract until Contractor receives purchase order,contract release document or written notice to proceed.
State of Arizona t
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Awarded this 1 2---. day of itkpA I _ ,2019
Stephe Nettles
Procurement Officer Signature
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€r it State of Arizona
� State pro�urer��ent Offices
i‘01 Scope of t' 100 North 15� Avenue,Suite 402
Phoenix,AZ 85007
Scope of Work
I. Introduction E
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The State of Arizona, its Agencies, Boards and Commissions (State), as well as authorized Cooperative
Members, have an ongoing requirement for the products and services as described herein.
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This NASPO Value Point Participating Addendum (PA) is developed by and for the State of Arizona. This PA is
based on the award of a competitively solicited procurement, performed in concert with NASPO Value Point and
the Contractor. E
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2. Background
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The Participating Addendum (PA) must adhere to the requirements of the Master Contract as awarded andg.
negotiated by the State of Iowa. However, each individual PA may stipulate specific requirements, such as termsif
and conditions and other contract features are mandated or desired by each participating State. i
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3. State of Arizona Requirements
The State of Arizona shall engage various Contractors through the PA process and award. For this particular PA, a
the Contractor shall be: Bridgestone Americas Tire Operations, LLC. As per award, the Contractor shall provideFt
the following equipment as specified in the Master Contract:Tires, Tubes and Servicesil
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4,-i Fat to of Arizona
k ;, State Procurement(Al
ice f Special andoni 10Q : Avenue,Suite 02:,r.3/ enoenix,AZ 85007 w
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The Special Toms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify them by replacing,
deleting,appending to,or revising the text of an existing provision or by inserting a new paragraph into an existing article.No other
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document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed
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and incorporated by Contract Amendment.
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1. Purpose t
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Pursuant to provisions of the Arizona Procurement Code,A.R.S.41-2501 Et Seq.,the State of Arizona intends to K
establish a Contract for the materials or services as listed herein. r.
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2. Term of Contract 1
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The term of the resultant Contract shall be effective on the date specified on the Offer and Award or Signature r.
page and shall remain unless terminated, cancelled, or extended as otherwise provided herein. The initial first
term shall be from date of signature and conclude by 3/31124 in order to coincide with the NASPO ValuePoint r
Master Contract,
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3. Contract Extensions t
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The Contract term is for the stated period subject to additional successive periods of twelve(12) months peri.
extension with a maximum aggregate including all extensions not to exceed five(5)years, or as otherwise approved
by State. it
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4. Master Contract and Participating Addendum Order of Precedence
As stated in the Participating Addendum of record, as posted on the NASPO Value Point_website,the contract
order of precedence for this PA is as follows:
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4.1 State of Arizona Participating Addendum;
4.2 ValuePoint Master Agreement;
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4.3 The Solicitation including all Addendums;and
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4.4 Contract Vendor response to the Solicitation
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5. Non-Exclusive Contract
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This contract has been awarded with the understanding and agreement that it is for the sole convenience of the r
State of Arizona. The State reserves the right to obtain like goods or services from another source when
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necessary. Off-contract purchase authorization(s) may be approved by the State Procurement Office.Approvals x
shall be at the exclusive discretion of the State and shall be final. Off-contract procurement shall be consistent
with the Arizona Procurement Code. g
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*c.i%, State of Arizona
A�= ►i a
i State Procurement Office
.� P IP Special Ter n Conditions iti
,, 100 ` Avenue,Suite,402
wnoenix,AZ 85007
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8. Eligible Agencies
This Contract shall be for the use of all State of Arizona departments, agencies,commissions and boards. In I
addition,eligible State Purchasing Cooperative members may participate at their discretion. In order to participate
in this contract,a cooperative member shall have entered into a Cooperative Purchasing Agreement with the
Department of Administration,State Procurement Office as required by Arizona Revised Statues§41-2632. t
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Unless there is an applicable Cooperative Purchasing Agreement in effect at the time, a State Purchasing
Cooperative member cannot be a Co-Op Buyer. For reference,"Co-Op Buyer"is to be construed as
encompassing"eligible procurement unite under A.A.C. R2-7-101(23).
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NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including
cities,counties,school districts, and special districts.Membership is also available to non-profit organizations,
other state governments,the federal government and tribal nations. For reference, "non-profit organizations"are
defined in A.R.S. §41-2631(4)as any nonprofit corporation as designated by the IRS under section 501(c)(3)
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through 501(c)(6)of the tax code. i.
7.Estimated Quantities l
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The State anticipates considerable activity resulting from this contract; however, no commitment of any kind is
made concerning quantities actually acquired and that fact should be taken into consideration by each potential
Contractor. i
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8,Administrative Fee and Usage Reports
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The Contract is a "statewide" contract for multiple purchases, projects, or assignments, and can be purchased l
against by some or all Eligible Agencies and any Co-Op Buyers that elect to participate. Even if only one Eligible e
Agency needs or elects to purchase against the Contract, it is to be construed as being a "statewide" contract
hereunder. ti
The Contract is an indefinite delivery, indefinite quantity(10/1Q)type of contract; it is to be construed as a"delivery
order"sub-type of ID/IQ contract to the extent the Work is Materials, and a"task order" sub-type to the extent the
Work is Services.Contractor shall verify if an ordering entity is a bona fide Co-Op Buyer before selling Materials toll
or providing Services for them under the Contract. The current list of Co-Op Buyers is available on the State it
Procurement Office website:
baps://spo.az.gov/procurement-serviceslcooperative-procurernent/state-purchasing-cooperative
8.1. Contractor shall sell to Co-Op Buyers at the same price and on the same lead times and other terms and
conditions under which it sells to Eligible Agencies, with the sole exception of any legitimately additional
costs for extraordinary shipping or delivery requirements if the Co-Op Buyer is having Materials delivered or •
installed or Services performed at locations not contemplated in the contracted pricing (e.g. delivery to a
location outside Arizona). -
82 Contractor shall pay State an administrative fee against all Contract sales to Co-Op Buyers, as provided for
under A.R.S. § 41-2633. The fee rate is one (1%) percent. Failure to remit the administrative fees is a r
material breach of contract, and will entitle State to its remedies under Article 8 and its right to terminate for
default under Article 9. Method of calculation, payment procedures, and other details are provided on the
State Procurement Office website: 1
hops://spo.az.gov/procurement-serviceslcooperative-procurement/coap-usage•report
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.,. �- S�at�Pro�ur�menti Caftace
x and Conditions 10C� : Avenue,Suite 402
cis, rnoenix,AZ 85007
8.3. Contractor shall submit to State a quarterly usage report documenting all Contract sales to both Eligible V
Agencies and Co-Op Buyers, itemized separately. Contractor shall further itemize divisions, groups or areas
within a given Eligible Agency if they place Orders independently of each other. Failure to submit the report is t
a material breach of contract, and will entitle State to its remedies under Article 8 and its right to terminate for r•
default under Article 9. Contractor shall submit the report using the forms and following the instructions on
the State Procurement Office website: r
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https://spo.az.gov/procurement-services/cooperative-procurement/coop•usage-report
8.4. Contractor shall acknowledge each Order from Eligible Agencies within 1 (one) business day after receipt by i
either:(a)"approving"the Order electronically in APP,which will indicate Contractor's unqualified acceptance
)
of the Order as-issued; or (b) "rejecting" the Order electronically in APP, with a concurrent explanation by
email to relevant originator as to the reason for rejecting it. By way of reminder, the only grounds on which j
Contractor may reject or refuse an Order are those set out in subparagraph 3.14.3[Orders are Obligatory],
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Unless and until Contractor has approved the Order in APP, it will have no effect under the Contract and will l:
not oblige either State or Contractor. If the relevant Eligible Agency explicitly instructs at the time that a 3
verbal acceptance is sufficient because of urgency or other unusual circumstances and Contractor duly gives
its verbal acceptance, then Contractor will be deemed to have accepted the Order immediately uponli
1.
commencing performance, provided that, Contractor must follow-up its verbal acceptance by accepting the
Purchase Order electronically in APP within 3 (three) business days. Contractor shall thereafter be barred
from subsequently rejecting the Order in APP and if it does so the rejection will be void. li
8.5. Contractor shall acknowledge each Order from Co-Op Buyers in conformance with each buyer's instructionsO.
given at the time of ordering or in any supplemental participating agreement Contractor might have with k
them. Orders from Co-Op Buyers create no obligation on State's part, since they are entirely between the Co- ].
Op Buyer and Contractor. That notwithstanding, Contractor's obligation under the Contract is to service Co-
Op Buyers commercially as though they were with an Eligible Agency, and Contractor's refusal to do so
would be a material breach of the Contract.
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9. Licenses
The Contractor shall maintain in current status, all federal, state and local licenses and permits required for the 4;
operation of the business conducted by the Contractor.
10.Authorization to Purchase
Authorization for the purchase of equipment or services shall be made only upon the issuance of a Purchase k
Order or a government/commercial procurement card/credit card. The Purchase Order will indicate the contract y
number and the dollar amount of funds authorized, The Contractor shall only be authorized to perform up to the
amount on the Purchase Order or the accepted quotation document. The State shall not have any legal
obligation to pay for goods or services in excess of the amount indicated on the Purchase Order or accepted
quotation document. No further obligation for payment shall exist unless:
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10.1 The Purchase Order is changed or modified with an official Change Order,and/or j
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10.2 An additional Purchase Order is issued for the purchase of good and services under this Contract,
11. Invoicing
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State of Arizona R
A State Procurement Office
' ' 10G `. Avenue,Suite 402
hr rnoenix,AZ 85007
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All billing notices or invoices shall be sent to the agency whose address appears on the contract release
order/purchase order as the'bill to address'and should contain,at a minimum,the information listed below.
11,1 The contract number, as applicable, the Task Order number, and the contract release/purchase order
number; Y
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11,2 Name and address of the contractor; •
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11.3 The Contractor's remittance address; I
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11,4 Contractor's representative to contact concerning billing questions; I
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11.5 Contractual payment terms;
11.6 Applicable taxes; and
11.7 Description of work products delivered. it
12.Compliance with Applicable Laws
The Materials and services supplied under this Contract shall comply with all applicable Federal, state and local iri
laws, and the Contractor shall maintain all applicable licenses and permit requirements. Contractor represents
and warrants to the State that Contractor has the skill and knowledge possessed by members of its trade or
profession and Contractor will apply that skill and knowledge with care and diligence so Contactor and
Contractor's employees and any authorized subcontractors shall perform the Services described in this
p.
Contract.
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Contractor represents and warrants that the Materials provided through this Contract shall be free of viruses,
backdoors, worms, spy ware, malware and other malicious code that will hamper performance of the Materials, fi
collect unlawful personally identifiable information on users or prevent the Materials from performing as required a
under the terms and conditions of this Contract.
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13.Price Adjustment ti
Contractor prices accepted and subsequently awarded by a Contract shalt remain in effect for the first year of the
agreement. The Contractor may request a price adjustment, but the State will not review or approve an increase
until the Contract has been in effect for the initial term, or as otherwise adjusted by the Lead State. Contractor shall t
provide written justification for any price adjustment requested. Any price increase adjustment, if approved, will be j
effective upon execution of a written Contract amendment.In the advent of a price increase authorization allowed by
the Lead State, this PA will be modified accordingly. l
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1 4.Payment Procedures
The State will not make payments to any Entity, Group or individual other than the Contractor with the Federal
Employer identification (FEI) Number identified in the Contract. Contractor invoices requesting payment to any
Entity, Group or individual other than the contractually specified Contractor shall be returned to the Contractor
for correction.
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��,� : ; OS St t ofArizona
p #e Procurement O fflee
: Avenue,Suite 4 02
rnoenix,AZ 85007
14_1 --Rebates earned by the State shall be paid by Contractor to the State within forty-five (45)days after the
end of each Quarterly Period. Contractor will calculate the Rebate, and furnish to the State a check in the I
amount of the Rebate, Contractor will also provide the State with a statement reflecting net invoice price of Totalil
Purchases made by Eligible Agencies during the Quarterly Period from which the Rebate was calculated.
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14.2—Definitions.
F,
The term"Quarterly Period"means a period of three(3) consecutive month(s)within the term of this Agreement H
commencing on the effective date of this Agreement through the termination date of this Agreement.
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The Contractor shall review and insure that the invoices for services provided show the correct Contractor name
prior to sending them for payment. i
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if the Contractor Name and FEI Number change, the Contractor shall complete an "Assignment and Agreement"
form transferring contract rights and responsibilities to the new Contractor. The State shall indicate consent on
the form. A written Contract Amendment shall be signed by both parties and a new W-9 form shall be submitted
by the new Contractor and entered into the system prior to any payments being made to the new Contractor.
AUTOMATED CLEARING HOUSE. The applicable Eligible Agency or Co-Op Buyer may pay invoices for some or
all Orders through an Automated Clearing House(ACH), In order to receive payments in this manner from Eligible 1;,
Agencies, Contractor must complete an ACH Vender Authorization Form(form GAO-618)within 30(thirty)days
after the effective date of the Contract.The form is available online at: is
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https://gao.az.gov/afis/vendor-information
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Contractor shall cooperate with the State by providing the State information including, but not limited to, r.
Contractor's bank information to support the State's selected means of payment.The Contractor shall not charge t.
the State an amount to recover any convenience fee, discount fee, processing fee or service fee related to the
acceptance of the State's payment.
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15.Order Processgi
The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent
any material and/or service not specifically awarded as being under contract with the State is a violation of the
Contract and the Arizona Procurement Code.Any such action is subject to the legal and contractual remedies ;a;
available to the State inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the
Contractor. 11
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16.Offshore Performance of Work Prohibited li
Due to security and identity protection concerns,direct services under this contract shall be performed within the
borders of the United States.Any services that are described in the specifications or scope of work that directly
serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client
data or development or modification of software for the State shall be performed within the borders of the United 1.
States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or
"overhead" services, redundant back-up services or services that are incidental to the performance of the
contract.This provision applies to work performed by subcontractors at all tiers.
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17.First Party Limitation of Liability—See NASPO ValuePoint agreement for applicable terms
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18.Access Constraints and Requirements
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� State of Arizona IFI Terms and Conditions10 State Procurement GfFice: Avenue,Suite 402
Contractor access to State facilities and resources shall be properly authorized by State personnel, based on I
business need and will be restricted to least possible privilege, Upon approval of access privileges, the
Contractor shall maintain strict adherence to all policies, standards,and procedures. Policies I Standards, i
ADOA/ASET Policies/Procedures,and Arizona Revised Statues(ARS)28-447,28-449, 28-450, 38-421, 13-
2408, 13-2316,41-770).
Failure of the Contractor, its agents or subcontractors to comply with policies, standards, and procedures
including any person who commits an unlawful breach or harmful access (physical or virtual)will be subject to
prosecution under all applicable state and/or federal laws.
Any and all recovery or reconstruction costs or other liabilities associated with an unlawful breach or harmful
access shall be paid by the Contractor. ''
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19. Section 508 Compliance I
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Unless specifically authorized in the Contract, any electronic or information technology offered to the State of i
Arizona under this Contract shall comply with A.R.S. § 41-2531 and § 41-2532 and Section 508 of the t
Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and i
use of Information technology that is comparable to the access and use by employees and members of the
public who are not individuals with disabilities.
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20. Indemnification s.
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of
Arizona, and its departments, agencies, boards, commissions, universities, and any jurisdiction or agency
issuing permits for any work included in the project,and their respective directors, officers,officials,agents and
employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities,
costs, losses, or expenses, (including reasonable attorney's fees), (hereinafter collectively referred to as
"Claims")arising out of actual or alleged bodily injury or personal injury of any person (including death)or loss i
or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor or any of Contractor's directors, officers, agents,employees,
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volunteers or subcontractors. This indemnity includes any claim or amount arising or recovered under the
Workers' Compensation Law or arising out of the failure of Contractor to conform to any federal, state or local
law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the t
Indemnitee shall, in all instances,except for Claims arising solely from the negligent or willful acts or omissions
of the Indemnitee, be indemnified by Contractor from and against any and all Claims. It is agreed that h
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Contractor will be responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable. This indemnification will survive the termination of the above listed contract with
the Contractor. Contractor is not responsible for the actions or omissions of Independent Dealers (as defined
in the Master Agreement), which are not agents, employees, volunteers or subcontractors, of Contractor, as
such terms may be used in this participating addendum or the other State of Arizona contract documents.
Each independent Dealer providing services under this participating addendum will be responsible for its own
acts or omissions and will not provide goods to the State of Arizona under this participating addendum until it
has signed an independent Dealer Agreement reasonably satisfactory to the State of Arizona.
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This indemnity shall not apply if the contractor or sub-contractor(s)is/are an agency, board,commission or t
university of the State of Arizona. IF
21. Intellectual Property Indemnification `
Indemnification-Patent and Copyright. {
With respect solely to Materials provided or proposed by Contractor or Contractor's agents, employees,or
subcontractors(each a"Contractor Party")for performance of this Contract, Contractor shall indemnify,defend i
and hold harmless the Indemnitee,against any third-party claims for liability, including, but not limited to, f..
reasonable costs and expenses,including attorneys'fees,for infringement or violation of any patent,trademark, 1
copyright or trade secret, by such Materials or the State's use thereof.
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try State of Arizona is, State Procurement Of#ice pecial Term nd ®�dlti®ids 100 North 15 Avenue,Suite 402 =m Phoenix,AZ 85007 ;
In addition, with respect to claims arising from computer hardware or software manufactured or developed solely_ E
by a third party, Contractor shall pass through to the State such indemnity rights as it receives from such third
party(the"Third Party Obligation")and will cooperate in enforcing them;provided, however, that(i) if the third
party manufacturer fails to honor the Third Party Obligation,or(ii)the Third Party Obligation is insufficient to fully il
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indemnify the State,Contractor shall indemnify,defend and hold harmless the State against such claims in their r
entirety or for the balance of any liability not fully covered by the Third Party Obligation.
The State shall reasonably notify the Contractor of any claim for which Contractor may be liable under this
section. if the Contractor is insured pursuant to A.RS. §41-621 and§35-154,this section shall not apply. li
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Contractor shall have control, subject to the reasonable approval of the State, of the defense of any action on r
such claim and all negotiations for its settlement or compromise, provided, however, that when substantial
principles of government or public law are involved or when involvement of the State is otherwise mandated by t
law,the State may elect, in its sole and absolute discretion, to participate in such action at its own expense with
respect to attorneys'fees and costs,but not liability,and the State shall have the right to approve or disapprove
any settlement,which approval shall not be unreasonably withheld or delayed. The State shall reasonably tt
cooperate in the defense and any related settlement negotiations.
If Contractor believes at any time that any Materials provided or in use pursuant to this Contract infringe a third
party's intellectual property rights,Contractor shall, at Contractor's sole cost and expense,and upon receipt of the
State's prior written consent,which shall not be unreasonably withheld,(i) replace an infringing Material with a r.
non-infringing Material; (ii)obtain for the State the right to continue to use the infringing Material;or(iii)modify the
infringing Material to be non-infringing, provided that following any replacement or modification made pursuant
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to the foregoing, the Material continues to function in accordance with the Contract.Contractor's failure or inability I
to accomplish any of the foregoing shall be deemed a material breach of this Contract.
Notwithstanding the foregoing, Contractor shall not be liable for any claim for infringement based solely on any 1
Indemnitee's:
(i) modification of Materials provided by Contractor other than as contemplated by the Contract or the 11
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specifications of such Materials or as otherwise authorized or proposed in any way by Contractor or a 1
Contractor Party;
(ii) use of the Materials in a manner other than as contemplated by this Contract or the specifications of such 4
Materials, or as otherwise authorized or proposed in any way by Contractor or a Contractor Party;or
(iii) use of the Materials in combination, operation,or use with other products in a manner not contemplated
by the Contract, or, the specifications of such Materials, or as otherwise authorized or proposed in any
way by Contractor or a Contractor Party.
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Contractor certifies, represents and warrants to the State that it has appropriate systems and controls in place to
ensure that State funds will not be used in the performance of the Contract for the acquisition,operation or
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maintenance of Materials in violation of intellectual property laws. 1.
22.INTENTIONALLY BLANK
23.Contractor InsuranceII
(��uran. 2etxLrern�t�
Contractor and subcontractors shall procure and maintain, until all of their obligations have been y.
discharged, including any warranty periods under this Contract, insurance against claims for injury to
persons or damage to property arising from, or in connection with,the performance of the work hereunder
by the Contractor, its agents,representatives, employees or subcontractors.
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State of Arizona f
State�rocure�ozent Crt'fEc�
(...,
ec& .,� Conditions10C Avenue,Suite 402
Nnoenix,AZ 85007
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The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the
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indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the
minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the .
performance of the-work under this Contract by the Contractor, its agents, representatives, employees or t
subcontractors, and the Contractor is free to purchase additional insurance. All Independent Dealers (as =
defined in the Master Agreement) will affirm the required insurance coverages in an Independent Dealer 1
Agreement with the State of Arizona and provide acceptable Certificates of Insurance evidencing that I.
coverage to the State of Arizona. r
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Contractor shall provide coverage with limits of liability not less than those stated below.
1. Commercial General Liability(CGL)—Occurrence Form
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Policy shall include (each as applicable to Contractor's business) bodily injury, property damage, and
1
broad form contractual liability coverage.
o General Aggregate $2,000,000
Y Products—Completed Operations Aggregate $1,000,000il
9 Personal and Advertising Injury $1,000,000 =.
O Damage to Rented Premises $50,000 i
® Each Occurrence $1,000,000 c'
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a. The policy shall be endorsed,as required by this written agreement, to include the State of Arizona, ii
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and its departments, agencies, boards, commissions,universities, officers, officials,agents, and
employees as additional insureds with respect to liability arising out of the activities performed by or it.
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on behalf of the Contractor.
b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in
favor of the State of Arizona, and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees for losses arising from work performed by or on behalf of
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the Contractor but only to the extent that Contractor is required to indemnify the State of Arizona 4
under this participating addendum.
2. Business Automobile Liability t
'1.
Bodily Injury and Property Damage for any owned, hired,and/or non-owned automobiles used in the Y
performance of this Contract.
o Combined Single Limit(CSL) $1,000,000
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a. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and f.
its departments, agencies, boards, commissions, universities, officers, officials, agents, and
employees as additional insureds with respect to liability arising out of the activities performed by, or
on behalf of,the Contractor involving automobiles owned,hired and/or non-owned by the Contractor.
b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in
favor of the State of Arizona,and its departments,agencies, boards,commissions,universities,
officers,officials,agents, and employees for losses arising from work performed by or on behalf of
the Contractor but only to the extent that Contractor is required to indemnify the State of Arizona
under this participating addendum.
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3. Workers'Compensation and Employers'Liability
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O Workers'Compensation Statutory 1
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a 4, ,. : State Procurement Wilco
Special Termsandto 100 . Avenue,Suite 402
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- wnoenix,AZ 85007
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____�__� Employers'Liability ;
a Each Accident $1,000,000
o Disease—Each Employee $1,000,000
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o Disease—Policy Limit $1,000,000 y.
a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in
favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, i
officers, officials, agents, and employees for losses arising from work performed by or on behalf of t
the Contractor but only to the extent that Contractor is required to indemnify the State of Arizona .
under this participating addendum,
b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. §
23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole
Proprietor or Independent Contractor),
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The policies shall include, or be endorsed to include, as required by this written agreement, the
F.
following provisions:
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The Contractor's policies,as applicable, shall stipulate that the insurance afforded the Contractor i
shall be primary to the extent that Contractor is required to indemnify the State of Arizona under
this participating addendum and that any insurance carried by the Department, its agents,
officials,employees or the State of Arizona shall be excess, as provided by A.R.S. §41-621 t.
(E). li
Insurance provided by the Contractor shall not limit the Contractor's liability assumed under the
indemnification provisions of this Contract.
Notire #ati€� Q.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, r
Contractor's insurance shall not be permitted to expire, be suspended, be canceled, or be materially
changed for any reason without thirty(30)days prior written notice to the State of Arizona.Within two i.
(1) business days of receipt, Contractor must provide notice to the State of Arizona if they receive v.
notice of a policy that has been or will be suspended, canceled, has expired, or will be expiring. Such
notice shall be sent directly to the State and shall be mailed, emailed, hand delivered to (Stephen t
Nettles, 100 N 15th Ave,Suite 402,Phoenix AZ 85007;email address am.t •_ • n=. 1►• .' )• s
1
AMelltatalitLairmorg
Contractor's insurance shall be placed with companies licensed in the State of Arizona or hold k
approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized '(
Insurers. Insurers shall have an "A.M. Best" rating of not less than A-VII. The State of Arizona in no
way warrants that the above-required minimum insurer rating is sufficient to protect the ContractorEL
from potential insurer insolvency. 1
Verification of Cg -,:iiiat
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or
equivalent approved by the State of Arizona)evidencing that Contractor has the insurance as required
by this Contract. An authorized representative of the insurer shall sign the certificates. ..
i. All such certificates of insurance and policy endorsements must be received by the State before work
commences. The State's receipt of any certificates of insurance or policy endorsements that do not
comply with this written agreement shall not waive or otherwise affect the requirements of this
agreement.
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ii. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of
work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to
provide evidence of renewal, is a material breach of contract.
iii. Ali certificates required by this Contract shall be sent directly via email to steve.nettles@azdoa.gov.The ,
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fz ,, State of Arizona
State Procurement Office
Special Terms and Conditions 4 :,,. Z` ZOC� : Avenue,Suite q02
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r-noenix,AZ 85007
State of Arizona project/contract number and project description shall be noted on the certificate of 1
insurance.The State of Arizona reserves the right to require complete copies of all insurance policies r
required by this Contract at any time.
Subeontr ptora t
Contractor's certificate(s) shall include all subcontractors(if Contractor is using subcontractors to fulfill t
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its obligations under this participating addendum and other State of Arizona contract documents;
provided that Independent Dealers are not deemed"subcontractors" hereunder) as Insureds under its ,
policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have f.
valid and collectable insurance as evidenced by the certificates of insurance and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance
Requirements identified above. The State reserves the right to require, at any time throughout the life
of this contract, proof from the Contractor that its subcontractors have the required coverage.
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The Contracting Agency, in consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the life of this
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contract, as deemed necessary. Such action will not require a formal Contract amendment but may be
made by administrative action. r
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In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements
shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or i
subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above
shall apply. ..
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24. Compliance Requirements for A.R.S.§41-4401,Government Procurement: e-Verify RequirementLi
The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Section A.R.S. §23-214, Subsection A. (That subsection reads:"After December 31,
2007, every employer, after hiring an employee,shall verify the employment eligibility of the employee through the
E-Verify program.) 1
A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material
breach of the Contract and the Contractor may be subject to penalties up to and including termination of the k
Contract.
In the event the Contractor gives the State reasonable cause to believe that Contractor is not in compliance with this
section failure to comply with a State audit process to randomly verify the relevant employment records of
Contractors and subcontractors upon reasonable notice shall be deemed a material breach of the Contract and the
Contractor may be subject to penalties up to and including termination of the Contract.
The State Agency retains the legal right to inspect the papers of any employee who works on the Contract to
ensure that the Contractor or subcontractor is complying with the warranty under paragraph One(1).
25. No Boycott Participation
In 2016, legislation was enacted to prohibit the state from contracting with companies currently engaged in a
boycott of Israel.To ensure compliance with A.R.S. §35-393,01, by signing this Participating Addendum,your
company agrees to not participate in,and agrees not to participate in during the term of the contract a boycott of
Israel in accordance with A.R.S.§35-393.01.
Unless and until the District Court's injunction in Jordahi v. Brnovich et al., Case No. 3:17-cv-08263(D,Ariz.)is
I
stayed or lifted,the Anti-Israel Boycott Provision(A.R.S.35-393.01 (A))is unenforceable and the State will take
no action to enforce it.
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State of Arizona
State Procurement Office
° 100 North 1511'Avenue,Suite 402
Uniform Terms and Conditions Phoenix,AZ 85007
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I 1.Definition of Terms
As used in this Solicitation and any resulting Contract,the terms listed below are defined as follows:
1.1. "Attachment"means any item the Solicitation requires the Offeror to submit as part of the Offer.
1.2, "Contract"means the combination of the Solicitation,including the Uniform and Special Instructions to
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Offerors,the Uniform and Special Terms and Conditions,and the Specifications and Statement or Scope of
Work;the Offer and any Best and Final Offers;and any Solicitation Amendments or Contract Amendments.
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1.3. "Contract Amendment"means a written document signed by the Procurement Officer that is issued for the
I purpose of making changes in the Contract.
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1,4. "Contractor"means any person who has a Contract with the State. f
1.5. "Days"means calendar days unless otherwise specified. s
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1.6. "Exhibit"means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the j
I Solicitation.
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1.7. "Gratuity"means a payment, loan,subscription,advance, deposit of money, services,or anything of more than
nominal value, present or promised, unless consideration of substantially equal or greater value is received. k
1.8_ "Materials"means all property, including equipment, supplies,printing, insurance and leases of property but
does not include land,a permanent interest in land or real property or leasing space.
1,9. "Procurement Officer"means the person,or his or her designee, duly authorized by the State to enter into and
administer Contracts and make written determinations with respect to the Contract. G
1.10. "Services"means the furnishing of labor,time or effort by a contractor or subcontractor which does not involve
the delivery of a specific end product other than required reports and performance, but does not include
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employment agreements or collective bargaining agreements.
11.11. "Subcontract"means any Contract, express or implied, between the Contractor and another party or between
a subcontractor and another party delegating or assigning, in whole or in part,the making or furnishing of any s
material or any service required for the performance of the Contract.
1.12. "State"means the State of Arizona and Department or Agency of the State that executes the Contract.
1.13. "State Fiscal Year'means the period beginning with July 1 and ending June 30. 1
2. Contract Interpretation
2.1. Arizona Law.The Arizona law applies to this Contract including,where applicable,the Uniform Commercial
Code as adopted by the State of Arizona and the Arizona Procurement Code,Arizona Revised Statutes
(A.R.S.)Title 41, Chapter 23, and its implementing rules,Arizona Administrative Code(A.A.C.)Title 2,Chapter li
7.
2.2. implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part 3
of this Contract as if fully stated in it. 1
2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the 1
State and as they may be amended,the following shall prevail in the order set forth below:
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2.3.1. Special Terms and Conditions; 1
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2.3.2_ Uniform Terms and Conditions; 1
2.3.3_ Statement or Scope of Work; 1
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State of Arizona
+,:x-_ State Procurement Office
100 North 75`hAvenue,Suite 402
Uniform Ter a i i�l Phoenix, ve 85007
2.3.4. Specifications;
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2.3.5. Attachments;
2.3.6. Exhibits;
2.3.7. Documents referenced or included in the Solicitation. 3
2.4. Relationship of Parties.The Contractor under this Contract is an independent Contractor. Neither party to this 1
Contract shall be deemed to be the employee or agent of the other party to the Contract,
2.5. Severability.The provisions of this Contract are severable.Any term or condition deemed illegal or invalid shall
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not affect any other term or condition of the Contract. ii
2.6. No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or
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explain any terms used in this document and no other understanding either oral or in writing shall be binding.
2.7. No Waiver. Either party's failure to insist on strict performance of any term or condition of the Contract shall not r
be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming
performance knows of the nature of the performance and fails to object to it.
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3. Contract Administration and Operation
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3.1. Records. Under A.R.S.§35-214 and§35-215,the Contractor shall retain and shall contractually require each 1,
subcontractor to retain all data and other"records"relating to the acquisition and performance of the Contract for
a period of five years after the completion of the Contract.All records shall be subject to inspection and audit by
the State at reasonable times. Upon request,the Contractor shall produce a legible copy of any or all such
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records.
3.2. Non-Discrimination,The Contractor shall comply with State Executive Order No.2009-09 and all other applicable
Federal and State laws, rules and regulation's, including the Americans with Disabilities Act.
3.3. Audit. Pursuant to ARS§35-214,at any time during the term of this Contract and five(5)years thereafter,the ,
Contractor's or any subcontractor's books and records shall be subject to audit by the State and,where
applicable,the Federal Government,to the extent that the books and records relate to the performance of the
Contract or Subcontract.
3.4. Facilities Inspection and Materials Testing.The Contractor agrees to permit access to its facilities, subcontractor
facilities and the Contractor's processes or services,at reasonable times for inspection of the facilities or
materials covered under this Contract.The State shall also have the right to test,at its own cost, the materials to
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be supplied under this Contract. Neither inspection of the Contractor's facilities nor materials testing shall r
constitute final acceptance of the materials or services. if the State determines non-compliance of the materials,
the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection. .
3.5. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person indicated on
the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to
the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on I
the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an
authorized Contractor representative may change their respective person to whom notice shall be given by written
notice to the other and an amendment to the Contract shall not be necessary.
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3.6. Advertising, Publishing and Promotion of Contract.The Contractor shall not use, advertise or promote
information for commercial benefit concerning this Contract without the prior written approval of the Procurement
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Officer.
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3.7. Property of the State.Any materials, including reports,computer programs and other deliverables,created under f
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this Contract are the sole property of the State. The Contractor is not entitled to a patent or copyright on those
materials and may not transfer the patent or copyright to anyone else.The Contractor shall not use or release
these materials without the prior written consent of the State.
3.8. Ownership of Intellectual Property.Any and all intellectual property, including but not limited to copyright, E
invention,trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a
result of this contract and any related subcontract("Intellectual Property"),shall be work made for hire and the g
State shall be considered the creator of such Intellectual Property.The agency, department,division, board or K
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commission of the State of Arizona requesting the issuance of this contract shall own(for and on behalf of the
State)the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify ..
the State,within thirty(30)days,of the creation of any Intellectual Property by it or its subcontractor(s).
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Contractor,on behalf of itself and any subcontractor(s), agrees to execute any and all document(s)necessary to K
assure ownership of the Intellectual Property vests in the State and shall take no affirmative actions that might
have the effect of vesting all or part of the intellectual Property in any entity other than the State.The Intellectual
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Property shall not be disclosed by contractor or its subcontractor(s)to any entity not the State without the express
written authorization of the agency,department, division, board or commission of the State of Arizona requesting
the issuance of this contract
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3.9. Federal Immigration and Nationality Act. The contractor shall comply with all federal, state and local
immigration laws and regulations relating to the immigration status of their employees during the term of the r
contract. Further, the contractor shall flow down this requirement to all subcontractors utilized during the term
of the contract. The State shall retain the right to perform random audits of contractor and subcontractor
records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that f
the contractor and/or any subcontractors be found noncompliant, the State may pursue all remedies allowed
by law, including, but not limited to; suspension of work,termination of the contract for default and suspension
and/or debarment of the contractor. t
3.10 E-Verify Requirements. In accordance with A.R.S. §41-4401, Contractor warrants compliance with all Federalis
immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. §23-214,
Subsection A.
3.11 Offshore Performance of Work Prohibited.
Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its
clients and involve access to secure or sensitive data or personal client data shall be performed within the defined ,
territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not
apply to indirect or'overhead'services, redundant back-up services or services that are incidental to the
performance of the contract. This provision applies to work performed by subcontractors at all tiers.
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4. Costs and Payments t
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4.1. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt
and acceptance of goods or services, the Contractor shalt submit a complete and accurate invoice for payment
from the State within thirty(30)days.
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4.2. Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and shall include all freight
delivery and unloading at the destination. i
4.3.Applicable Taxes, t
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State Procurement Office
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4.3.1. Payment of Taxes. The Contractor shall be responsible for paying all applicable taxes.
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4.3.2. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state and
local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the f
responsibility of the seller to remit. Failure to collect such taxes from the buyer does not relieve the
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seller from its obligation to remit taxes. s
4.3.3. Tax Indemnification, Contractor and all subcontractors shall pay all Federal, state and local taxes 1.,
applicable to its operation and any persons employed by the Contractor. Contractor shall, and require t
all subcontractors to hold the State harmless from any responsibility for taxes, damages and interest, if I
applicable, contributions required under Federal, and/or state and local laws and regulations and any i
other costs including transaction privilege taxes, unemployment compensation insurance, Social R
Security and Worker's Compensation.
4.3.4. IRS W9 Form, In order to receive payment the Contractor shall have a current I.R.S.WO Form on file with 1
the State of Arizona, unless not required by law.
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4.4. Availability of Funds for the Next State fiscal year. Funds may not presently be available for performance under this Contract beyond the current state fiscal year. No legal liability on the part of the State for any payment .
may arise under this Contract beyond the current state fiscal year until funds are made available for
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performance of this Contract. it
4.5. Availability of Funds for the current State fiscal year. Should the State Legislature enter back into session and i
reduce the appropriations or for any reason and these goods or services are not funded, the State may take Y
any of the following actions:
4.5.1. Accept a decrease in price offered by the contractor:
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4.5.2. Cancel the Contract;or r
4.5.3. Cancel the contract and re-solicit the requirements. .i
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5. Contract Changes
5.1. Amendments. This Contract is issued under the authority of the Procurement Officer who signed this Contract.
The Contract may be modified only through a Contract Amendment within the scope of the Contract. Changes
to the Contract, including the addition of work or materials,the revision of payment terms,or the substitution of fi
work or materials, directed by a person who is not specifically authorized by the procurement officer in writing
or made unilaterally by the Contractor are violations of the Contract and of applicable law. Such changes, 1
including unauthorized written Contract Amendments shall be void and without effect, and the Contractor shall t
not be entitled to any claim under this Contract based on those changes.
5.2. Subcontracts.The Contractor shall not enter into any Subcontract under this Contract for the performance of this
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contract without the advance written approval of the Procurement Officer. The Contractor shall clearly list anyii
proposed subcontractors and the subcontractor's proposed responsibilities. The Subcontract shall incorporate
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by reference the terms and conditions of this Contract. t
5.3. Assignment and Delegation. See section B.5. of the WSCA/NASPO Master Contract MNWNC-129.
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6. Risk and Liability
6.1.Risk of Loss The Contractor shall bear all loss of conforming material covered under this Contract until received °.
by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not 1
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constitute final acceptance.The risk of loss for nonconforming materials shall remain with the Contractor
regardless of receipt.
6.2. Indemnification
6.2.1 ContractorNendor Indemnification (Not Public Agency) The parties to this contract agree that the State of
Arizona, its departments, agencies, boards and commissions shall be indemnified and held harmless by the
contractor for the vicarious liability of the State as a result of entering into this contract. However, the parties ii
further agree that the State of Arizona, its departments, agencies, boards and commissions shall be
responsible for its own negligence. Each party to this contract Is responsible for its own negligence. 4
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6.2,2. Public Agency Language Only Each party (as'indemnitor') agrees to indemnify, defend, and hold harmless ,
the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily w
injury of any person (including death) or property damage but only to the extent that such claims which
result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence,
misconduct,or other fault of the indemnitor, its officers,officials, agents,employees, orvolunteers."
6,3. Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless the State against any
liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of
Contract performance or use by the State of materials furnished or work performed under this Contract. The
State shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. If the
contractor is insured pursuant to A.R.S.§41-621 and§35-154,this section shall not apply.
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6.4 Force Maieure.
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6.4.1 Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this li
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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 party q
affected and occurs without its fault or negligence.Without limiting the foregoing, force majeure includes s
acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; Ii
flood; lockouts; injunctions-intervention-acts; or failures or refusals to act by government authority; and
other similar occurrences beyond the control of the party declaring force majeure which such party is
unable to prevent by exercising reasonable diligence.
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6.4.2. Force Majeure shall not include the following occurrences: .
6.4.2.1. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or
elsewhere,or an oversold condition of the market; K
6,4,2,2. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence
in accordance with this force majeure term and condition;or
6.4.2.3. Inability of either the Contractor or any subcontractor to acquire or maintain any required
insurance,bonds, licenses or permits. Li
6,4.3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall 'E
notify the other party in writing of such delay, as soon as is practicable and no later than the following
working day, of the commencement thereof and shall specify the causes of such delay in such notice. j
Such notice shall be delivered or mailed certified-return receipt and shall make a specific reference to this
article,thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as
practicable and shall notify the other party in writing when it has done so.The time of completion shall be I
extended by Contract Amendment for a period of time equal to the time that results or effects of such I
delay prevent the delayed party from performing In accordance with this Contract,
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6.4.4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise
to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is
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caused by force majeure.
6.5. Third Party Antitrust Violations.The Contractor assigns to the State any claim for overcharges resulting from ,
antitrust violations to the extent that those violations concern materials or services supplied by third parties to the
Contractor, toward fulfillment of this Contract,
7. Warranties i
7.1. Liens.The Contractor warrants that the materials supplied under this Contract are free of liens and shall remain y
free of liens.
7.2. Quality. Unless otherwise modified elsewhere in these terms and conditions,the Contractor warrants that,for
I.
one year after acceptance by the State of the materials, they shall be:
7.2.1. Of a quality to pass without objection in the trade under the Contractdescription; i
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7.2.2. Fit for the intended purposes for which the materials are used;
7.2.3. Within the variations permitted by the Contract and are of even kind,quantity,and quality within each unit f,,
and among all units; .
7.2.4. Adequately contained, packaged and marked as the Contract may require;and 4.
7.2.5. Conform to the written promises or affirmations of fact made by the Contractor. III
7.3. Fitness.The Contractor warrants that any material supplied to the State shall fully conform to all requirements of
the Contract and all representations of the Contractor,and shall be fit for all purposes and uses required by the ii
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Contract.
7.4. Inspection/Testing.The warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not affected
by inspection or testing of or payment for the materials by theState. li
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7.5. Compliance With Applicable Laws.The materials and services supplied under this Contract shall comply with all
applicable Federal, state and local laws, and the Contractor shall maintain all applicable license and permit u
requirements.
7.6. Survival of Rights and Obligations after Contract Expiration orTermination. s'
7.6.1. Contractor's Representations and Warranties.All representations and warranties made by the Contractor ;*
under this Contract shall survive the expiration or termination hereof. In addition, the parties hereto z
acknowledge that pursuant to A.R.S. § 12-510,except as provided in A.R.S.§ 12-529, the State is not ,
subject to or barred by any limitations of actions prescribed in A.R.S.,Title 12, Chapter 5. 1.
7.6.2.purchase Orders.The Contractor shall, in accordance with all terms and conditions of the Contract,fully
perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the
expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer,
including,without limitation, all purchase orders received prior to but not fully performed and satisfied at
the expiration or termination of this Contract. 11
8.State's Contractual Remedies t
8.1. Right to Assurance. if the State in good faith has reason to believe that the Contractor does not intend to,or is
unable to perform or continue performing under this Contract,the Procurement Officer may demand in writing that
the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written
assurance within the number of Days specified in the demand may,at the State's option, be the basis for
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terminating the Contract under the Uniform Terms and Conditions or other rights and remedies available by law or
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provided by the contract.
8.2. Stop Work Order.
8.2.1.The State may, at any time, by written order to the Contractor,require the Contractor to stop all or any part,
of the work called for by this Contract for period(s)of days indicated by the State after the order is delivered to the l
Contractor. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt t
of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the j
incurrence of costs allocable to the work covered by the order during the period of workstoppage.
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8,2.2. if a stop work order issued under this clause is canceled or the period of the order or any extension expires,
the Contractor shall resume work.The Procurement Officer shall make an equitable adjustment in the delivery
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schedule or Contract price,or both, and the Contract shall be amended in writing accordingly. e
8.3. Non-exclusive Remedies.The rights and the remedies of the State under this Contract are not exclusive.
8.4. Nonconforming Tender. Materials or services supplied under this Contract shall fully comply with the Contract.
The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a
breach of contract. On delivery of nonconforming materials or services, the State may terminate the Contract forii
default under applicable termination clauses in the Contract, exercise any of its rights and remedies under the t.
Uniform Commercial Code, or pursue any other right or remedy available to It. h
8.5. Right of Offset. The State shall be entitled to offset against any sums due the Contractor,any expenses or costs
incurred by the State,or damages assessed by the State concerning the Contractor's non-conforming li
performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform
Terms and Conditions. ,,
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9. Contract Termination H
9.1. Cancellation for Conflict of interest. Pursuant to A.R.S. §38-511,the State may cancel this Contract within three 3
(2)years after Contract execution without penalty or further obligation if any person significantly involved in11
initiating, negotiating, securing,drafting or creating the Contract on behalf of the State is or becomes at any time
ii
while the Contract or an extension of the Contract is in effect an employee of or a consultant to any other party to
this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the
Contractor receives written notice of the cancellation unless the notice specifies a later time. If the Contractor is a
political subdivision of the State, it may also cancel this Contract as provided in A.R.S.§38-511.
9,2. Gratuities.The State may, by written notice, terminate this Contract, In whole or in part, if the State determines
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that employment or a Gratuity was offered or made by the Contractor or a representative of the Contractor to any
officer or employee of the State for the purpose of influencing the outcome of the procurement or securing the d
Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including the making of
any determination or decision about contract performance.The State, in addition to any other rights or remedies, A
shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by
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the Contractor. t
9.3. Suspension or Debarment. The State may, by written notice to the Contractor, immediately terminate this Contract ifii
the State determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from
participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor
of any public procurement unit or other governmental body. Submittal of an offer or execution of a contract shall
attest that the contractor is not currently suspended or debarred. if the contractor becomes suspended or 1
debarred,the contractor shall immediately notify the State. 1
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9.4. Termination for Convenience. The State reserves the right to terminate the Contract, in whole or in part at any time
when in the best interest of the State, without penalty or recourse. Upon receipt of the written notice, the
Contractor shall stop all work, as directed in the notice, notify all subcontractors of the effective date of the q
termination and minimize all further costs to the State. In the event of termination under this paragraph, all
documents, data and reports prepared by the Contractor under the Contract shall become the property of and be
delivered to the State upon demand. The Contractor shall be entitled to receive just and equitable compensation
for work in progress,work completed and materials accepted before the effective date of the termination.The cost I
principles and procedures provided in A.A.C. R2-7-701 shall apply.9.5. Termination for Default. •
9.5.1. In addition to the rights reserved in the contract, the State may terminate the Contract In whole or in part
due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain I
all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the I
Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the
Contractor.
i9.5.2 Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the
Contractor under the Contract shall become the property of and be delivered to the State on demand. j
9.5.3. The State may, upon termination of this Contract, procure, on terms and in the manner that it deems
appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to
the State for any excess costs incurred by the State in procuring materials or services in substitution for
those due from the Contractor.
9.6. Continuation of Performance Through Termination. The Contractor shall continue to perform, in accordance with the .
requirements of the Contract, up to the date of termination, as directed in the termination notice. y
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10. Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41, Chapter 23, Article
9,and rules adopted thereunder. 1
11. Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this contract through arbitration,
applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be r
after exhausting
required by other applicable statutes(Title 41). 1.
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12. Comments Welcome -
The State Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes any comments you
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may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15111
Avenue, Suite 402, Phoenix,Arizona, 85007.
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PMCING
More detailed contract pricing and any pricing updates approved by the Lead Agency can be found on the
NASPO ValuePoint website,
Bridgestone Pricing Summary Sheet
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3.1 Tins and Tubes Pm-tentage Discounts by Subcategory i
Tire and Tube pricing includes all anticipated charges, including hut not limited to, freight to ;
dealer locations, cost of product and services, transaction fees, overhead, profits, and other 1
costs or expenses incidental to the Contractor's performance. Tire and Tube pricing does not ii
include delivery to Purchasing Entities. Contractor's discount off of Manufacturer's Price List
{WWI}pTicing is shown below:
6
...:. s. • • 1.4'0 Indlu.10*0 pe4entege17#40410S:bif StrkkOtegOly:.: '. - :.:.:..•.:.:.:.% l'.' ::;:: .: .
cregoly.. 'Ore and Tube Type .s. -::::: ..: ,:. - MPL:NOMP MR.Date .• F...,..., : . .
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Pursuit and GOVERNMENT g•-... : . _.... 57% 7/1/2018 N/A 1
Perforrnancf Tires CATALOG
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82 Aut onablte/P a sser gmr: 41% GOVERNMENT
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: : Venic CATALOG 7/1/2C18 /A ip 6.
, Light&icy franks 37%': ' GOVERNMENT
.11 • 7/1/2018 N/A
litadliklOnlvi:s':.:. . CATALOG 6
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fillediUrn, : : ' GOVERNMENT I i
fi4 Commercial/wavy 46% 7/1/2018 N/A
CATALOG .
Duty Truckiu &
. .' . .... 1
GOVERNMENT
HS Off fevati • - 3-73 7/1/2018 N/A
CATALOG i
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6a. Off Road N.sdial )?4, 7/1/2018 N/A i
CATALOG '..i
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5b.Off koud Bias 37% 7/1/2018 N/A
CATALOG .
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In• Agrieuiture/Faren 23'/0 7/1/2018 /A fi
CATALOG .,-
GOVERNMENT
ti7 Industrlai 23% 7/1/2018 N/A 1
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CATALOG 1
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3 Tire Service Pricing
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Tire services include all minor parts and labor as a total service rate. Fiat rate pricing and 1
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availability of services 5s shown below:
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it
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
REDBURN TIRE COMPANY
[Work Orders]
{
See following pages(to be attached subsequent to execution).
4840-5264-3486,V.1
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y3y.
}
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