Tires, Tubes, and Retreads

4 I. GENERAL INFORMATION The City of Prescott invites sealed bids for the new tires, tubes, and retread tires. The contractor shall provide new tires, tubes or retread as required for the exiting vehicle fleet on an as needed basis. The contract shall be for a period of two (2) years with the option to renew it for up to three (3) additional one (1) year periods. The City may award multiple contractors. A. CONTRACTOR REQUIREMENTS  Inventory and Delivery Requirements o The contractor shall establish and maintain sufficient local product inventory to adequately support the City’s fleet of vehicles and equipment. o The contractor shall make multiple daily deliveries, Monday through Friday, as required to fulfill orders. Delivery will be within twenty-four (24) hours after receipt of verbal order, excluding weekends for all automotive, light truck, and medium heavy truck tires. Deliveries must be made no later than 2:00 PM. o In the event that an item cannot be supplied immediately from

Contractor’s stock, the City reserves the right to purchase the item from other sources when the City determines that it is an emergency purchase need. o Deliveries will be made to various City locations. A list of current locations is found in Section III, subsection 2. The City may add or remove locations as necessary.  Retread o Tires to be retread or repaired will be tubeless radial ply casings on medium duty and heavy-duty trucks. o All tires scheduled to be retread will utilize the pre-cure method. o The following acceptable repairs for radial ply casing will include nail hole, spot, reinforcement, section, and bead area repair. o The City of Prescott reserves the right to waive minor variation(s) if in the opinion of Fleet Services, the basis offer meets the general intent of these specifications. o Pickup and Delivery Requirements  The contractor shall make deliveries, Monday through Friday, as determined by the fleet department. Pick up will be available after receipt of verbal order, excluding weekends and holidays.  Deliveries must be made within seven (7) calendar days after notification and no later than 2:00 PM. 5 o Prior to leaving the City’s premises, a report or work order should be provided to the Parts Counter. The report or work order must include:  Number of tires and casings accepted for retreading or repair.  DOT date codes.  Individual casing identification.  Manufacture/design.  Number of tires for scrap. o Retread Facility Inspection Guidelines  Each retread facility shall be inspected by an approved national organization and follow recognized retread manufacturing procedures. Inspection procedures may be by the retread plant’s tread rubber supplier in accordance with specific procedural guidelines set forth in the retread, dealer, purchase, or franchise agreements. The prospective retread supplier may provide evidence of certification of the production facility from a nationally recognized tire retreading association within the previous twelve (12) month period. Retread plants and their suppliers approved under guidelines of Procurement Specifications CTQP-441 “Administrators Approval & Requirement Manual for Tires, Pneumatic Retreaded and Repaired (formerly ZZ-T-441) are considered certified as to the manufacturing procedures and competence.  Contractors must hold plant certifications for all products and/or services. Evidence of plant certification shall be included with bid submittal. o Manufacturing and Processing Standards  Written manufacturing and processing standards conforming to industry accepted procedures and as specified in Procurement Specifications CTQP-441 shall be followed in the performance of each step of the operation. Copies of the written retread process procedures adopted shall be available at the appropriate manufacturing location and shall be furnished to the City for refence as requested. Each retread process procedure shall be established for plant personnel performing each operation. o Initial inspection  Casing inspection shall be performed by a trained, certified technician, The contract shall use either electronic, ultrasonic, x- ray, elector mechanical, holography, shearography, or other types of casing inspection equipment to aid in determine casing integrity. The inspection shall include placing the tire on a mechanical spreader under adequate lighting and distortion of the natural contour sufficient for visual manual inspection. Casings accepted for retreading shall not contain any of the following: 6  Ply separation.  Broken, damaged, kinked, or exposed bead wire.  Injuries to piles in the bead area.  Flex breaks.  Loose ply cords or evidence of overload, under inflation or run flat.  Tread separation cannot be removed during buffing.  Sidewall separation.  Weather cracking extending into the body plies.  Non-repairable damage to the inner or bead seating on a tubeless tire.  Injuries of sufficient size and number cannot be repaired using acceptable commercial practice.  Radial belt separation. o Rejected Casings  Each rejected casing shall be returned to the City or held at the vendor’s site for inspection. Each casing shall be tagged, indicating the reason for rejection and the vendor’s job number. o Scrape Retread Tire Disposal  The Contractor is responsible for the pickup and disposal of ALL rejected and scrap retread tire casings for the same size(s) provided. Scrap tires should be accumulated at the City’s Fleet Department. o Sealants  Liner sealants and or conditions may be used in tubeless tires. o Tire Painting  A light coat of approved tire paint will be applied to all finished tires. o Repairs  Nail hole injuries may be repaired before or after a tire is buffed.  Any number of nail holes may be repaired in the repairable area of the radial truck tire. The only limiting factor is that repair patches do not overlap.  Injuries 3/8” (9mm) in the crown area after the damage and rust have been removed from the tire will require a section repair. Any injury through the ply cords of a sidewall will require a section repair. o Spot Repair  A spot repair in a radial tire is limited to cracks and cuts in the rubber with no exposed or damaged body plies. Any number of spot repairs can be made. Any damage found on the body wires of 7 a radial tire will require that the damage by removed and receive a full section repair. o Section Repairs  The number of section repairs should not exceed the tire manufacturer’s recommended limit and must not overlap or affect the same ply coat(s).  The cost of section repairs shall not exceed the coast of a new casing. If the section repair price differs by size the contractor shall include the repair size along with the submitted price.  All casing repairs must be carried out using prescribed methos and tools in accordance with Industry Standards and conform to Industry Recommended Practices. Operators must be trained to industry recognized repairing standards. Final determination of the repairability, type of repair, and repair material must be made after skiving and inspection and in accordance with the recommended tables and criteria of the repair material and tire manufacturers. Existing repairs must be reworked if loose or questionable. o Bead Repairs  The following conditions will be considered repairable in the rubber covering the bead area of the radial truck tire:  Cuts or tears in the rubber covering the bead area that no not damage or expose the body ply or bead wires.  Repairs made to the bead must ensure that the original bead contour can be restored. o Warranty  Every retread and/or repair produced on a City-provided casing, or a casing supplied by the vendor will bear a valid DOT shop number and shall be warranted free from defects in workmanship and materials.  All retreads shall give satisfactory service under normal operating conditions. If the retreads fail while in service dure to faulty workmanship and/or materials, the tire shall be returned to the contractor and be adjusted as follows:  Retreads failing before 25% of the original retread is worn, shall be refunded to the City at the Full retread cost.  Retreads failing beyond 25% will be adjusted on a prorated basis, based on the remaining tread to a minimum of 2/32”.  If a retread/repair fails, causing damage beyond repair to the casing, the contractor will credit the City for both the retread and casing. Credit to the City may require the contractor to provide replacement of retread and casing acceptable to the City. Retread/repair and casing credits 8 shall be processed and presented to the City withing seven (7) days of receipt.  If retread/repair fails, causing damage to the vehicle on which it is installed, the vendor will reimburse the City for all associated costs of repairs. o The contractor shall perform tire failure analysis on tire casings presented for each analysis. A detailed report of vendor findings will be presented. All retread and capping repairs were presented to the contractor reports. Denied adjustments casings will be returned to the City pick up location with a detailed report of reason for denial. The City will closely monitor retread/repair failures to gauge contractor performance.  Adjustments and Warranty o All tires and tubes supplied shall be guaranteed against defects in workmanship and materials for the life of the tire. Adjustments for tire failures shall be made using a pro-rated method, based on the percentage of the tread remaining. Truck tires casings shall be guaranteed against defects and materials for four (4) years from manufacturers run date.  Contractor Adjustment Schedule and Format o If a tire fails and is reported to the contractor as a potential warranty issue, an itemized receipt is required when the contract picks up the adjustments. This receipt must include such information as size, manufacturer name, tread design, and DOT number. The contractor shall adjust on a monthly basis. Credits for adjustments shall be processed within thirty (30) days of receipt from the City facility. o Contractor shall submit written reports on all tires submitted for adjustment. Reports shall be formatted to identify number of adjustments received, number of adjustments accepted, credit amount for each adjustment and total credit awarded, number of adjustments denied and percentages of each category with a summary page identifying.  Casing Pick-up and Disposal o Following inspection and release by FSD, the contractor shall pick up and dispose of all unserviceable tire casings, on a one-for-one basis for all tire sizes sold to the City of Prescott. The pickup will occur at the time of new tire delivery or at scheduled pickup intervals. Scrap or unserviceable tiers shall be picked up at the time of new tire delivery. 9 B. CONTRACTOR QUALIFICATIONS  Contractor shall utilize properly qualified employees in the performance of this contract. A qualified employee is defined as one who is trained and capable of properly, safely, and promptly providing services requested in association with this contract. Unqualified employees are not permitted to provide assistance of any kind under this contract.  Contractor shall not subcontract, use third party companies, or use any other parties to perform these services without written authorization from the City. Should authorization for such be granted, use of any subcontractors or other parties shall not relieve, release, or affect in any manner the contractor’s duties, liabilities, or obligations under this contract.  If the City determines, for any reason, that the qualifications, actions or conduct of any particular contractor employee has violated this agreement or is otherwise detrimental to the City, a written notice will be issued to the contractor. Upon receipt of such notice, the contractor shall promptly provide a qualified replacement person(s) to provide services under this contract. Examples of such conduct include performing unsatisfactory services; poor customer service; interfering with operation of City Fleet; or inappropriate behavior towards occupants, other contractors, or subcontractors. C. PRODUCT SPECIFICATIONS  General requirements o All tires furnished under this contract shall be of current production and of the latest design and construction. o Tires supplied under this contract, which bear the “DOT” mark, shall not be more than twelve (12) months olde from the manufacturer’s run date. o All tires provided within a specified size shall have the same tread width, depth, and overall dimensions so that all tires in any one size can be paired on vehicles. o The manufacturer’s name or trademark, the normal size, including ply or ply rating, and/or load range and identification or serial number shall be molded on each tire.  Acceptable Brands o Firestone o BF Goodrich o Michelin o Toyo o Bridgestone o Continental 10  Most Common Tires o P235/70R17 Firestone Destination AT2 o P275/55/20 Firestone Destination AT2 o P255/70/17 Firestone Destination AT2 o LT245/70R17 Firestone TransForce AT2 o LT245/75R17E Firestone TransForce AT2 o 385-65R22.50 Firestone FS818 o P245/55R18 BFG Advantage Control o P265/60R-17 BFG Elite Force T/A XL o 255/60R18 BFG Advantage Control o P255/60R17 Michelin LTX Premier o 170/60ZR17 Michelin Pilot Road 4 o 180/55ZR17 Michelin Pilot Road 4 Rear o 120/70ZR18 Michelin Pilot Road 4 Front o LT255/70R 19.50 TOYO M655 o 11R22.5 R268 Drive Tire Bridgestone o 12R22.50 Tire HSC 3 Bridgestone o 11R22.50 General Tire HD2 o 11R22.5 HSC Tire AP Continental  Passenger Vehicle Tires The tires supplied under this category must meet the specified sizes, tire, and rim association standard load indices (LI), speed ratings (SR), and Tread types (TREAD). Additionally, non-P-Metric Tires that meet or exceed specifications may be substituted for P-Metric Tires, if approved by fleet personnel only.  Light Duty Truck Tires The tires supplied under this category must meet the specified sizes, Tire and Rim Association Standard Load Ranges (LR), Ply Ratings (PLY), Tread Types (TREAD).  Trailer Tires The tires supplied under this category must meet the specified sizes, Tire and Rim Association Standard Load Ranges (LR), Ply Ratings (PLY), Tread Types (TREAD).  Police Pursuit Tires Tires supplied under this category shall be tires expressly designed and certified by manufacturer for high-speed operation and shall exhibit exceptional safety, stability, handling and stopping characteristics. The tires must also meet the specified sizes, Tire and Rim Association Standard Load Indices (LI), speed ratings (SR), and Tread Types (TREAD). Additionally, non-P-Metric Tires that 11 meet or exceed specifications may be substituted for P-Metric Tires, if approved by fleet personnel only. If a specific brand is listed in the specification, then that is the only acceptable brand for that tire.  Motorcycle Tires The tires supplied under this category must meet the specified sizes, tire, and rim association standard load indices (LI), speed ratings (SR), and Tread types (TREAD). If a specific brand is listed in the specification, then that is the only acceptable brand for that tire.  Medium Duty Truck Tires The tires supplied under this category must meet the specified sizes, Tire and Rim Association Standard Load Ranges (LR), Ply Ratings (PLY), Tread Types (TREAD). If a specific brand is listed in the specification, then that is the only acceptable brand for that tire, unless approved by our fleet personnel.  OTR Tires The tires supplied under this category must meet the specified sizes, Tire and Rim Association Standard Load Ranges (LR), Ply Ratings (PLY), Tread Types (TREAD). If a specific brand is listed in the specification, then that is the only acceptable brand for that tire, unless approved by our fleet personnel.  Promotional Pricing The contractor may conduct sales promotions, for specified periods of time, involving specific products or groups of products within the scope of this contract. Sales promotions can include additional rebates, specials, product discounts offered by manufacturers, etc. When a sales promotion is offered, the Contractor shall submit the promotional pricing, in writing, to the buyer of record and the ordering department’s representative with the following: o The affected contractor product or product groups. o For general promotions, the additional discount percentage or rebate amount; and for specific products, the promotional price vs. the existing contract price. o The start and end date of the sales promotion. o Promotional pricing shall be available to all contract users throughout the dates specified. 12 D. PROPOSED PROJECT SCHEDULE Project milestones are estimated to be as follows:  Request for Proposal Advertised March 10 & 17 2024.  Proposal Due Date/Opening April 11, 2024  Award of Contract May 2024 All milestones are the earliest dates for planning purposes only and should not represent any contractual commitment whatsoever on the part of the City. E. REQUESTS FOR INFORMATION Firms who desire clarification of the procurement terms, selection criteria or submittal requirements shall restrict their inquiries to written communications only. All communications (other than delivery of the proposal as defined below) shall be addressed to the City project representative at the following: Melissa Busby Purchasing Manager melissa.busby@prescott-az.gov Requests for information must be received by the project representative prior to 5:00 PM on Tuesday April 2, 2024. Responses, or addenda as required, will be issued no later than 12:00pm (noon) on Monday, April 8, 2024. Receipt of addenda must be acknowledged on the required form in the firm’s submission. It is the submitter’s sole responsibility to check the City’s website for periodic updates or addenda. II. SUBMITTAL REQUIREMENTS Firms shall possess the qualifications and Arizona licenses as required by law. Responses to this Request must be in the form of a proposal, as outlined in this document. The City assumes no liability for the cost of preparing a response to this Request. Any deviations from the provisions of this Request which are desired by the Offeror shall be specifically noted in the proposal submitted. A. PROPOSAL REQUIREMENTS Proposals shall be submitted as one (1) original with one (1) flash drive and must conform to this Request. The proposal shall include the following:  Form A – Solicitation Response Cover Sheet  Form B – Price Sheet  Form C – Bid Certification  Form D – Non-Collusion Certificate  Form E – Certificate of Ownership 13  Form F – Bidder Qualifications, Representations and Warranties  Form G – Subcontractor’s List **if applicable** B. INSTRUCTIONS FOR SUBMITTAL FORMS  Form A – Solicitation Response Cover Sheet Bidder shall complete, sign, and submit Form A as the first page of the bid package.  Form B – Price sheet The bidder shall certify that its bid will be valid for 90 days after submission. Bidders may be asked to extend this certification. Bidder shall complete, sign, and submit Form B.  Form C – Bid Certification Bidder shall complete, sign, and submit Form C.  Form D – Non-Collusion Certificate Bidder shall complete, sign, and submit Form D.  Form E – Certificate of Ownership Bidder shall complete, sign, and submit Form E completely and accurately stating the names and addresses of all persons, firms, corporations, partnerships, or other associations having any direct or indirect financial interest in the Bidder’s business and the nature and extent of each such interest.  Form F – Bidder Qualifications, Representations and Warranties The City shall consider awarding agreements only to responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, character, reputation, resources, skills, capability, reliability, and business integrity necessary to fulfil the requirements of the agreement. In determination of responsibility, the City may consider all information available to the City, whether specifically provided by the Bidder in response to this solicitation or other information otherwise available to the City in evaluating the responsibility of the Bidder. Such information may include, but is not limited to, experience and history of the City with current and/or prior contracts held by the Bidder with the City or with other agencies, references provided by the Bidder to the City, information provided by the Bidder as part of the solicitation responses, and information not specifically provided by the Bidder but is otherwise available to the City and has merit in consideration of responsibility, in the opinion of the City. The evaluation of responsibility shall be determined by the City and shall be in the sole opinion of the City. Such an evaluation by the City shall be final and not subject to appeal. Furthermore, no agreement will be awarded to a Bidder if any owner of such Bidder has been convicted within the past ten years of a crime involving dishonesty or false statements, or if the Bidder has unsatisfied tax or judgment liens. The Bidder shall provide two (2) references, a subcontractors list (if applicable) and certify there are no unsatisfied tax liens or judgments on record. Bidder shall complete, sign, and submit Form F. 14 C. DISCLOSURE Identify any public or private disciplinary actions against your firm or individuals within your firm that occurred within the past five (5) years and would be relevant to this contract. This includes action by professional organizations or oversight committees. Report any significant material litigation information that would be relevant to this contract. Disclose any investigation (involving your firm or individuals) conducted in the past five (5) years of any federal or state regulatory agency that might have an impact on this contract. D. PROPRIETARY INFORMATION All materials submitted in response to the solicitation, including samples, shall become the property of the City and are therefore subject to public release, upon request, after the Contract award. Firms shall clearly mark any proprietary information contained in its submittal with the words “Proprietary Information”. Firms shall not mark any Solicitation Form as proprietary. Marking all or nearly all of a submittal as proprietary may result in rejection of the submittal. Firms should be aware that the City is required by law to make its records available for public inspection. All firms, by submission of materials marked proprietary, acknowledge, and agree that the City will have no obligation to advocate for non-disclosure in any form nor will the City assume any liability to the firms in the event that the City must legally disclose these materials. E. DELIVERY OF SUBMITTALS Sealed proposals will be received before 2:00 PM on Thursday, April 11, 2024, at the City Clerk’s Office, 201 N. Montezuma Street, Suite 302, Prescott, Arizona 86301, at which time all submittals will be publicly opened. Any submittals received at or after 2:00 PM on the above-stated date will be returned unopened. Firms are solely responsible for the delivery of their submittals to the above location by the time and date specified. The City is not responsible for lateness of mail, carrier, etc. The city will not accept delivery of the bid to any other city locations. The time and date stamp in the City Clerk’s Office shall be the official time of receipt. Electronic or facsimile submittals will not be considered. Modifications to submittals will not be considered after the 2:00 PM deadline. The outside of the submittal envelope shall indicate the name and address of the Respondent; shall be addressed to the City Clerk, City of Prescott, at the above address; and shall be clearly marked: 15 Request for Proposals: Tires, Tubes, and Retread Due before 2:00 PM on April 11, 2024 III. EVALUATION CRITERIA The sole purpose of the proposal evaluation process is to determine which solution best meets the City of Prescott’s needs. The evaluation process is not meant to imply that one proposer is superior to any other, but rather that the selected proposer can provide the best solution for Prescott’s current and future needs based on the information available and Prescott’s best efforts of determination. The proposal evaluation criteria should be viewed as standards that measure how well a proposer’s approach meets the desired requirements and needs of the City of Prescott. While the City intends to evaluate the proposals against all of the following criteria, the City reserves the right to determine the suitability of proposals on the basis of any or all of these criteria or other criteria not included in the list below. The following selection criteria will be used to evaluate the proposer responses to the RFP. A percentage is assigned to each criterion thereby providing a weight to the importance of the criteria in the overall selection. Evaluation Criteria Weight Percentage Pricing and Discounts 50% Reference Reviews and Past History (if any) 25% All information requested provided. 25% Total (not to exceed 100%) 100% IV. CONTRACT NEGOTIATION AND AWARD To qualify the proposal must be submitted on time and materially satisfy all requirements identified in this Request. If, in the judgment of the City, a proposal does not conform to the format specified herein, or if any section is absent or significantly incomplete, the City reserves the right to reject the submittal. A. OVERVIEW Approval of the City Council will be required for the award of a contract for performance of the services described herein. 16 The City reserves the right to cancel this Request, reject in whole or in part any and all submittals, waive or decline to waive irregularities in any submittals, or determine not to enter into contract as specified if determined by the City to be in the City’s best interests. B. AWARD OF CONTRACT The selected company/firm will be required to execute and meet the terms of the City’s standard General Services Agreement, including insurance requirements, in a form acceptable to the City Attorney. Approval of the City Council will be required for award of a contract for performance of the services described herein and as may additionally be developed during negotiations. Any contract award submitted to the City Council for consideration is not binding on the City until after approval by the City Council and full execution of the contract documents by both parties. C. BASIC INSURANCE REQUIREMENTS Vendor / Contractor and/or subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor / Contractor, his agents, representatives, employees, or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Vendor / Contractor, his agents, representatives, employees, or subcontractors. Vendor / Contractor is free to purchase such additional insurance as may be determined necessary. Additional Insurance Requirements: The policies shall include, or be endorsed to include the following provisions: 1. On insurance policies where the City of Prescott is named as an additional insured, the City of Prescott shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Additional Insured: City of Prescott 201 N. Montezuma Street Prescott AZ 86301 17 2. The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources. All certificates required by this Contract shall be emailed directly to coi@prescott-az.gov AND contracts@prescott-az.gov . The City contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. Any Renewal of insurance certificates with endorsements will need to be emailed to the above emails at least two weeks prior to expiration. Notice of Cancellation: With the exception of a ten (10) day notice of cancellation for non- payment of premium, any changes to material to compliance with this contract in the insurance policies above shall require thirty (30) days written notice. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII, unless otherwise approved by the City of Prescott Risk Management Division. Verification of Coverage: Contractor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the contract. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. Insurance Limit Requirements - Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a following form basis. Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage, personal injury, broad form contractual liability coverage.  General Aggregate $ 2,000,000  Products – Completed Operations Aggregate $ 1,000,000 (if applicable)  Personal and Advertising Injury $ 1,000,000 (if applicable)  Each Occurrence $ 1,000,000  Fire Legal Liability (Damage to Rented Premises) $ 100,000 (if applicable) 18 The policy shall be endorsed to include the following additional insured language: "The City of Prescott shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of, the Contractor ". Business Automobile Liability: Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.  Combined Single Limit (CSL) $ 1,000,000 The policy shall be endorsed to include the following additional insured language: "The City of Prescott shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor ". Worker’s Compensation and Employer’s Liability: Workers’ Compensation Statutory Employer’s Liability  Each Accident - $ 1,000,000  Disease – each employee - $ 1,000,000  Disease – policy limit - $ 1,000,000 The policy shall contain a waiver of subrogation against the City of Prescott for losses arising from work performed by or on behalf of the Vendor / Contractor. All insurance required pursuant to this Agreement must be written by an insurance company authorized to do business in the State of Arizona, to be evidenced by a Certificate of Authority as defined in ARS Section 20-217, a copy of which certificate is to be attached to each applicable bond or binder. Prior to commencing work under this Agreement, the Vendor / Contractor shall provide City with evidence that it is either a “self-insured employer” or a “carrier insured employer” for Workers’ Compensation as required by ARS 23-901 et seq., or that it employs no persons subject to the requirement for such coverage. V. TERM OF CONTRACT The initial term of the contract shall be for a period of two (2) years. The contract may be extended for an additional One (1) year period up to a total of three (3) additional years, with the mutual consent of the City of Prescott and Vendor/Supplier. With the renewal of the contract, the price of goods under this contract shall not increase in subsequent years by more than the Consumer Price Index (CPI) for the prior year. Notice of intent to renew with evidence of pricing increase shall be provided by the vendor at least one (1) month prior to normal contract expiration. If renewal results in changes of the terms or conditions, such changes shall be in writing as an amendment to the contract and such amendment shall not become effective until fully executed by both parties. 19 VI. TERMINATION OF CONTRACT The City reserves the right to terminate any part of or the entirety of any contract that may result from this proposal, without cause and at any time with thirty (30) calendar days’ written notice. In such a case, the consultant shall be paid for services rendered through the date of the termination notice, and the results of all such work through that date shall become the property of the City. VII. COOPERATIVE USE OF CONTRACT This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona and as part of the Strategic Alliance for Volume Expenditures (S.A.V.E.) with the approval of the contracted vendor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. VIII. PROTEST POLICY Any protest against the solicitation or award must be filed with the City Clerk’s Office by 4:00 PM up to ten (10) days after award. All such protests shall be in writing and contain the following: 1) Name, address, email address and telephone number of the interested party; 2) Signature of the interested party or its representative; 3) Identification of the purchasing department and Project name; 4) Detailed statement of the legal and factual grounds for protest including copies of relevant documents; and 5) Form of relief requested. Protesting parties must demonstrate as part of their protest that they made every reasonable effort within the schedule and procedures of this solicitation to resolve the basis or bases of their protest during the solicitation process, including asking questions, seeking clarifications, requesting addenda, and otherwise alerting the City to perceived problems so that corrective action could be taken prior to the selection of the successful firms. The City will not consider any protest based on items which could have been or should have been raised prior to the deadline for submitting questions or requesting addenda. The filing of a protest shall not prevent the City from executing an agreement with any other proposer. IX. STANDARD INFORMATION A. In case of default by the bidder, the City of Prescott may procure the items or service from other sources and may deduct from any monies due or that may thereafter become due to the bidder the difference between the price named in the contract or purchase order and the actual cost thereof to the City of Prescott. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Division. B. The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. Neither party 20 shall be entitled to an award of attorneys’ fees, either pursuant to the Contract or any other state or federal statute. C. Brand names are only used for reference to indicate character or quality desired unless otherwise indicated. D. The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. The Contractor further agrees that this provision shall be contained in all subcontracts related to the project, which is the subject of this Agreement. E. The parties hereto expressly covenant and agree that in the event of litigation arising from this Agreement, neither party shall be entitled to an award of attorney fees, either pursuant to the Contract, pursuant to ARS Section 12-341.01 (A) and (B), or pursuant to any other state or federal statute, court rule, case law or common law. The Contractor further agrees that this provision shall be contained in all subcontracts related to the project that is the subject of this Agreement. F. In the event of default, neither party shall be liable for incidental, special, or consequential damages. G. This Agreement is non-assignable by the Contractor unless by subcontract, as approved in advance by the City. H. This Agreement shall be construed under the laws of the State of Arizona. I. This Agreement represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Contractor. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. J. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. K. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses 21 (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract, Contractor’s duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees that arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. L. No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing. No evidence of modification or waiver other than evidence of any such written notice, waiver or modification shall be introduced in any proceeding. M. Contractor Immigration Warranty (if applicable) Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, “Employment of Aliens on Public Works Prohibited”, and A.R.S. § 34-302, as amended, “Residence Requirements for Employees”. Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors (“Subcontractors”) will comply with and are contractually obligated to comply with all Federal Immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter “Contractor Immigration Warranty”). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractors employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. The contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of subcontractors to ensure compliance with Contractor’s Immigration Warranty. The contractor agrees to assist the City in regard to any random verification performed. 22 Neither the Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona by a Contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. N. Israel: Vendor 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. O. Force Labor of Ethnic Uyghurs Certification: Pursuant to A.R.S. § 35- 394, Contractor / Supplier certifies that the firm does not currently, and agrees for the duration of the contract that it will not, use: 1. The forced labor of ethnic Uyghurs in the People' s Republic of China 2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People' s Republic of China; and 3. Any Contractor / Supplier subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People' s Republic of China. If the Contractor / Supplier becomes aware during the term of the Contract that the company is not in compliance with the written certification, the Firm shall notify the City of Prescott within five business days after becoming aware of the noncompliance. If the Contractor / Supplier does not provide City of Prescott with a written certification that the Company has remedied the noncompliance within 180 days after notifying the City of Prescott of the noncompliance, this Contract terminates, except that if the Contract termination date occurs before the end of the remedy period, the Contract terminates on the Contract termination date. P. Contracting with small and minority firms, women's business enterprise and labor surplus area firms: 1. The Company will take all necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps shall include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 23 c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises. e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. Q. In the event of a discrepancy between this Agreement and other documents incorporated into this Agreement this Agreement shall control over such other incorporated documents. R. Non-Availability of Funds: Fulfillment of the obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the City at the end of the period for which the funds are available. No liability shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments. 24 General Services Contract Tires, Tubes, and Retread Contract Number: 20**-*** THIS AGREEMENT made and entered into this ** day of **, 20**, by and between ** of the City of ** (Company City), County of ** (Company County), State of ** (Company State), hereinafter designated “Vendor/Supplier”, and the City of Prescott, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated “City”. WITNESSETH: That the said Vendor/Supplier, for and in consideration of the sum to be paid by the City, and of the other covenants and agreements herein contained, and under the penalties expressed in the bonds provided, hereby agrees, for itself, its heirs, executors, administrators, successors and assigns as follows: ARTICLE I – SCOPE OF WORK: The Vendor/Supplier shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities, required to perform all work for the project described as City of Prescott: Tires, Tubes, and Retreads in a good workmanlike and substantial manner and to the satisfaction of the City through its Vendors/Suppliers and under the direction and supervision of the Department Director, or his/her properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications prepared by the Vendor/Suppliers for the City, and with such written modifications of the same and other documents that may be made by the City through the Department Director or his properly authorized agents, as provided herein. ARTICLE II – CONTRACT DOCUMENTS: The Request for Proposal, Addenda, if any, and Proposal as accepted by the Mayor and Council per Council Minutes of ** (Date of Council Meeting approved), Certificate of Insurance and Contract Amendments, if any, are by this reference made a part of this Contract to the same extent as if set forth herein in. ARTICLE III – TERM of CONTRACT: The initial term of the contract shall be for a period of two (2) years. The contract may be extended for an additional One (1) year period up to a total of three (3) additional years, with the mutual consent of the City of Prescott and Vendor/Supplier. With the renewal of the contract, the price of goods under this contract shall not increase in subsequent years by more than the Consumer Price Index (CPI) for the prior year. Notice of intent to renew with evidence of pricing increase shall be provided by the vendor at least one (1) month prior to normal contract expiration. If renewal results in changes of the terms or conditions, such changes shall be in writing as an amendment to the contract and such amendment shall not become effective until fully executed by both parties. ARTICLE IV – COMPENSATION: Vendor/Supplier shall be paid, pursuant to the provisions as set forth in the Contract documents, the total sum of ** (Written amount) dollars and no cents SAMPLE