Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of California CONTRACT USER INSTRUCTIONS ****NON-MANDATORY**** (Incorporates Supplements 1-3) CONTRACT NUMBER: 1-14-26-01B Supplement 3 DESCRIPTION: CONTRACTOR(S): Pursuit Tires – District 3 Passenger Car and Light Truck Tires – District 3 OK Tire Stores Inc. CONTRACT TERM: 01/31/2014 through 01/30/2016 STATE CONTRACT ADMINISTRATOR: John D’Elia (916) 375-4433 John.delia@dgs.ca.gov The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions. All changes are highlighted in RED Original Signature on File_____________________ John D’Elia, Contract Administrator Date__7/8/2014__________ STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions SUMMARY OF CHANGES Supplement No. Description/Articles Supplement Date 3 Subject contract for Pursuit and Passenger Car and Light Truck Tires in District 3 is modified to reflect the following changes: 07/08/2015 1. Contract Administration change All other terms and conditions shall remain the same. 2 Subject contract for Pursuit and Passenger Car and Light Truck Tires in District 3 is modified to reflect the following changes: 05/01/2014 2. Contract changed to non-mandatory All other terms and conditions shall remain the same. 1 Subject contract for Pursuit and Passenger Car and Light Truck Tires in District 3 is modified to reflect the following changes: 03/13/2014 3. Posting of Attachment H Non-Core Catalog 4. Added a Line Item to Attachment A1 and A2 Pricing Worksheets All other terms and conditions shall remain the same. Contract 1-14-26-01B Supplement 3 User Instructions Page 2 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions 1. SCOPE The State’s contract with OK Tire Stores Inc. (Contractor) provides Pursuit Tires, and Passenger Car and Light Truck Tires at contracted pricing to the State of California agencies and departments and local governmental agencies in accordance with the requirements of Contract # 1-14-26-01B for District 3 (Attachment E, District Map). The Contractor shall supply the entire portfolio of products for Pursuit Tires, and Passenger Car and Light Truck Tires as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of tires to the State. The contract term is for 2 years with an option to extend the contract for 2 additional 1 year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term. This non-mandatory statewide contract includes the purchase of for Pursuit Tires, and Passenger Car and Light Truck Tires and installation services in District 3. 2. CONTRACT USAGE/RULES A. State Departments The use of this contract is non-mandatory for all State of California Departments in District 3. Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable. Prior to placing orders against this contract, departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS/PD) for the use of this statewide contract. The department’s current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS/PD for the use of the State’s statewide contracts may access the Purchasing Authority Application at http://www.dgs.ca.gov/pd/Resources/publications/SCM2.aspx or may contact DGS/PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov. Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information. B. Local Governmental Agencies Local governmental agency use of this contract is optional. Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges’’, empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a) Contract 1-14-26-01B Supplement 3 User Instructions Page 3 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions (b). While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations. Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. Local governmental agencies must have a DGS agency billing code prior to placing orders against this contract. DGS agency billing codes may be obtained by emailing the DGS billing code contact with the following information: o o o o o Local governmental agency Contact name Telephone number Mailing address Facsimile number and e-mail address DGS Billing Code Contacts: Marilyn.ebert@dgs.ca.gov Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Procurement Division Price Book located at: http://www.dgs.ca.gov/ofs/Resources/Pricebook.aspx. (Click on “Purchasing” under Procurement Division.) B. Local Governmental Agencies For all local government agency transactions issued against the contract the Contractor is required to remit the DGS/PD an Incentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees. Contract 1-14-26-01B Supplement 3 User Instructions Page 4 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions 4. CONTRACT ADMINISTRATION Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues. Administrator Information Contact Name: Telephone: Facsimile: Email: Address: 5. DGS/PD (State Contract Administrator) John D’Elia (916) 375-4433 (916) 375-4522 John.delia@dgs.ca.gov DGS/Procurement Division Attn: John D’Elia 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 OK Tire Stores Inc. (Contractor) Nancy Goldthwaite (916) 331-2751 (916) 331-0321 oktireinc@aol.com OK Tire Stores Inc. Attn: Nancy Goldthwaite 4715 Auburn Blvd. Sacramento, CA 95841 PROBLEM RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. For contractor performance issues, ordering agencies must submit a completed Attachment D, Supplier Performance Report, via email or facsimile to the State Contract Administrator identified in Article 4, Contract Administration. The ordering agency should include all relevant information and/or documentation (i.e. Purchase documents). 6. CONTRACT ITEMS This contract includes segments for the specified Tires, Non-Core Tires, and Installation Services in District 3 only. A. Core Tires Purchase of the Core Tires is non-mandatory for all State departments. Pricing for the Core Tires is detailed in Attachment A, Contract Pricing. B. Installation Services Pricing for common Installation Services is detailed in Attachment A, Contract Pricing. C. Non-Core Tires This contract contains provisions for ordering agencies to purchase tires that are not defined in Attachment A, Contract Pricing. Only Pursuit Tires, and Passenger Car and Light Truck Tires are included as Non-Core Tires. Contract 1-14-26-01B Supplement 3 User Instructions Page 5 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions D. Contractor’s Catalog: The Contractor will maintain a publicly available catalog of all contract items. The Contractor shall include all tires the Contractor sells in the Pursuit Tires, and Passenger Car and Light Truck Tires category. The catalog shall be updated on a quarterly basis; if there are no changes during a quarter, the Contractor shall so notify the State Contract Administrator. Any and all changes to the catalog must be submitted in writing to the State Contract Administrator for review and approval. 1) Non-Core Pricing Only Pursuit Tires, and Passenger Car and Light Truck Tires will be included as Non-Core Tires. All such Tires will be offered to ordering agencies at the discount percentage shown on Attachment A, Contract Pricing. The State has the unilateral option to approve additional non-core items on a onetime basis at the request of an agency. The base criteria to consider non-core Tires are: 2) Meet the specifications outlined in Attachment B, Specifications Number 2610-2443, dated 11/06/2013 Items are Pursuit Tires, and Passenger Car and Light Truck Tires; Discounts meet the contract discount; and Items do not conflict with any other mandatory statewide commodities contract. Offer Preparation The authorization process of non-core items requires submission of a Contractor’s offer (contract offer format spreadsheet showing company letterhead) which must include the following data elements: Contract Number; Date of the Catalog/MSRP list prices (California Governmental Pricing) MSRP as published; Contract % discount; Contract price; Quantity ordered; Extended contract price; Core/Non-Core – Approved Contract Control Set designation (Y/N); Manufacturer’s part number or SKU; Item description; Date of offer; Offer number; and Date offer expires. Note: All offers shall be reviewed by the Contractor prior to submittal of a Std. 65 in order to determine the exact Small Business (SB) participation percentage for each PO submitted. See Article 26, SB Participation. Contract 1-14-26-01B Supplement 3 User Instructions Page 6 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions 7. SPECIFICATIONS All products listed on Attachment A, Contract Pricing, must conform to Attachment B, Bid Specification Number 2610-2443, dated 11/06/2013. 8. LOW OFFER In the event the Contractor offers a one-time price that is lower than the list price less contract discount, the ordering agency may execute a purchase document that incorporates the lower offered price, which shall be binding to the Contractor. 9. PROMOTIONAL PRICING During special pricing promotions, the Contractor shall offer ordering agencies the promotional pricing or the discount percentage off list price, whichever is lower. Contractor must notify the State Contract Administrator of all promotional pricing changes. This notification shall include, at a minimum: Promotional start and end dates; Models, products, and services included in the promotion; and Promotional pricing. 10. PURCHASE EXECUTION A. State Departments 1) Purchase Documents State departments must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: http://www.dgs.ca.gov/pd/Forms.aspx (select Standard Forms). Purchase documents must be properly executed in accordance with SCM Volume 2 and 3 (Chapter 8, Purchase Document) and fully approved prior to the department receiving any products by a Contractor. Additional instructions can be found on the reverse of the STD 65. The Contractor shall not accept purchase documents from ordering agencies for this contract that are incomplete or contain non-contract items. Buyers must include product and service line item descriptions and prices. Bundled configurations with a total price are not acceptable. Non-Example: Item QTY Unit Description Unit Price Extension Total 201 1 Each Computer equipment $3,000.00 $3,000.00 Contract 1-14-26-01B Supplement 3 User Instructions Page 7 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions All Purchasing Authority Purchase Orders (Std. 65) must contain the following elements at a minimum: Agency Order Number (Purchase Order Number) Ordering Agency Name Agency Billing Code Purchasing Authority Number Leveraged Procurement Number (Contract Number) Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail) Contract Line Item Number (CLIN) Quantity Unit of Measure Commodity Code Number Product Description Unit Price Extension Price Cal-Card Payment information (if applicable) Subcontractor name(s) and participation percentage (if applicable) Special instructions regarding delivery hours, security measures, pallet sizes (if applicable) 2) Bidder Declaration/Commercially Useful Function (CUF) The DGS/PD, as the awarding department, has assessed the prime Contractor certifications and CUF during the solicitation evaluation process. As a result, when executing purchase documents pursuant to this contract it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of a Bidder Declaration document or perform additional CUF analysis. The department should make a notation of this within their procurement file. 3) Blanket Orders The use of blanket orders against this statewide contract is not allowed. 4) American Recovery and Reinvestment Act (ARRA) - Supplemental Terms and Conditions Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this leveraged procurement agreement. ARRA Supplemental Terms and Conditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08/10/09, titled Supplemental Terms and Conditions for Contracts Funded by the American Recovery and Reinvestment Act. B. Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only). Contract 1-14-26-01B Supplement 3 User Instructions Page 8 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions C. Documentation All ordering agencies will submit a copy of executed purchase documents to: DGS - Procurement Division (IMS# Z-1) Attn: Data Entry Unit 707 Third Street, 2nd Floor, MS 2-212 West Sacramento, CA 95605-2811 11. ORDERING PROCEDURE A. Ordering Methods: Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods: U.S. Mail Facsimile Email In person walk in at an OK Tire Stores Inc. location in Sacramento, California The contractor’s Order Placement Information is as follows: U.S. Mail OK Tire Stores Inc 4715 Auburn Blvd. Sacramento, CA 9584 ORDER PLACEMENT INFORMATION Walk-In Facsimile Email OK Tire Stores Inc 4715 Auburn Blvd. (916) 3310321 oktireinc@aol.com Sacramento, CA 95841 Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 12. MINIMUM ORDER The minimum order shall be two (2) tires. 13. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an order receipt confirmation, via e-mail or facsimile, within 48 hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information: Ordering Agency Name Agency Order Number (Purchase Order Number) Purchase Order Total Cost Anticipated Delivery Date Contract 1-14-26-01B Supplement 3 User Instructions Page 9 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions 14. OUT-OF-STOCK ITEM REMEDY Upon receipt of order acknowledgment identifying out of stock items, the ordering agencies shall have the following options: Request back order; or Cancel the item from the order Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products 15. DELIVERY SCHEDULES Delivery for orders placed against this contract shall be in accordance with the following: A. Locations Deliveries are to be made in district 3 as defined by Attachment E, District Map to the location specified on the individual purchase order, which may include, but not limited to, inside buildings and receiving docks. B. Schedule Delivery of ordered product shall be completed in full within 30 days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation. C. Security Requirements Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. 16. FREE ON BOARD (F.O.B.) DESTINATION All prices are F.O.B. destination; freight prepaid by the contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders will remain with the contractor until final inspection and acceptance, when all responsibility will pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations. 17. SHIPPED ORDERS All shipments must comply with General Provisions (rev 06/08/2010), Paragraph 12 entitled “Packing and Shipment”. The General Provisions are available at: http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf. Contract 1-14-26-01B Supplement 3 User Instructions Page 10 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions A. Packing Slip A packing slip will be included with each shipment, including: Agency Order Number (Purchase Order Number) Ordering agency name Line Item description Quantity ordered Quantity included in shipment Any back ordered or out of stock items and availability date of unfilled and partial shipment Number of parcels Destination All information contained on the packing label B. Packaging Label A packaging label will be included with each order shipped and include the following items, visible on the outside of the box/pallet: Authorized purchaser Address Department and floor Authorized purchaser contact name Authorized purchaser telephone number 18. RETURN POLICY The Contractor shall not charge return fees due to product defect, inaccuracies or other errors on the part of the Contractor. 19. CREDIT POLICY The Contractor shall provide credit for the following items: Items shipped in error; Items that are returned within 30 calendar days of delivery and are unused; Defective or freight-damaged items. In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit. The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. Contractor cannot require the ordering agency to deal directly with the manufacturer. 20. WARRANTY The Contractor will honor all manufacturers’ warranties and guarantees on all products offered as part of this contract within a period defined by the manufacturer from the date of complete installation and acceptance by the State. Contract 1-14-26-01B Supplement 3 User Instructions Page 11 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions During the warranty period, the Contractor will: Honor all manufacturers’ warranties and guarantees on all products offered through the contract; Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract; Provide warranty services through the life of the warranty, if the manufacturers' warranty extend beyond the term of the contract; Pay any necessary shipment and insurance costs. 21. INVOICING Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information: Contractor’s name, address and telephone number Leveraged Procurement Number (Contract Number) Agency Order Number (Purchase Order Number) Item and commodity code number (UNSPSC Code found on the pricing worksheet) State Contract Price per unit and extended price Quantity purchasedDate ordered Date delivered List of returns or back ordered itens Contract price and extension State sales and/or use tax Totals for each order 22. PAYMENT A. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later. B. CAL-Card Use State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of Purchasing Authority Purchase Order (Std. 65) as referenced in Article 10 (Purchase Execution) and must include all required documentation applicable to the purchase. The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 1 and Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase. Contract 1-14-26-01B Supplement 3 User Instructions Page 12 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions C. Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record. 23. CALIFORNIA SELLER’S PERMIT The California seller permit number for the contractor is listed below. State departments can verify that permits are currently valid at the following website: www.boe.ca.gov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3, as applicable. Contractor Name OK Tire Stores Inc. Seller Permit # 28-600680 24. RECYCLED CONTENT State departments are required to report purchases in many product categories, see Attachment C. Postconsumer-Content Certification Form (CIWMB 74). 25. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION The small business (SB) and disabled veteran business enterprise (DVBE) certifications and percentages are listed below. State departments can verify that the certifications are currently valid at the following website: http://www.bidsync.com/DPXBisCASB. Name OK Tire Stores Inc. Prime or Subcontractor Prime OSDS Certification # 1196900 SB Percent (%) 100% DVBE Percent (%) n/a State departments shall confirm with the contractor the exact percentage amount of SB and/or DVBE for each individual order. 26. END-OF-LIFE MANAGEMENT (TIRES): The Contractor offes a Take-Back program that recycles tires that are beyond their useful life. The TakeBack Program is for tires purchased under this contract and any other state-owned tires that have reached the end of their useful life during this contract period. The Contractor will take back a tire for each tire delivered. The Contractor can but is not obligated to take back more than one tire for each tire delivered. The take-back program is offered at no cost to the State and includes all costs for transportation, labor, tire recycling, waste management, certification, and reporting. Tire collection shall be at time of delivery of new tires or within 30 calendar days of an agency’s written notification. Contract 1-14-26-01B Supplement 3 User Instructions Page 13 7/8/2014 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions Take-Back Program minimum requirements: The Take Back Program shall be in accordance with the laws of California, and the requirements of the Waste Tire Generator Requirements and Title 14, Natural Resources--Division 7, CIWMB Chapter 6: Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests; Article 8.5: Waste Tire Hauler Registration and Manifesting Requirements for Used and Waste Tire Haulers, Retreaders, Used and Waste Tire Generators, and Used and Waste Tire End-Use Facilities The Comprehensive Trip Log (CTL) is a triplicate form used for waste/used tire pickup. It is completed by the tire hauler for each transaction performed. The generator (state agency) reviews the information provided by the hauler to determine completeness and accuracy of the form, and then initials the CTL receipt. Waste Tire Tracking Form: Comprehensive Trip Log (http://www.calrecycle.ca.gov/Tires/Forms/Manifest/default.htm) Attachment F, Tire Management Report listing the number of tires collected by the hauler per month will be sent quarterly to the State Contract Administrator. 27. ATTACHMENTS Attachment A – Contract Pricing Attachment B – Specifications Number 2610-2443, dated 11/06/2013 Attachment C – Postconsumer Content Certification Workbook Attachment D – Supplier Performance Report Attachment E – District Map Attachment F – Tire Management Report Attachment G – Award Matrix Attachment H – Non-core catalog Contract 1-14-26-01B Supplement 3 User Instructions Page 14 7/8/2014