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RES 2022-0179 - PO to Pomps Tire Service for supply, delivery and repairs for Bridgestone Tires for Parks City Clerk Office Use Only: (��,�"�I"7/� Publication Date(if ppl'cable): U RESOLUTION NO. UI l Agenda Date: • Department: G/ _ A Submitter: CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Pomps Tire Service Inc. submitted a contract price for the supply and delivery of new tires and tubes, repairs and rotation under Nebraska State Contract pricing #15152 OC for the Parks, Recreation and Public Property Department; and, WHEREAS, Pomps Tires Service Inc. submitted a contract pricing to not exceed $55,000.00; and, WHEREAS, cooperative procurement is permitted pursuant to Omaha Municipal Code Sec. 10-111; and, WHEREAS, the Mayor has recommended authorization of this payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT as recommended by the Mayor, the purchase based upon the contract pricing of Pomps Tire Service Inc. not to exceed the amount of $55,000.00 for the supply and delivery of new tires and tubes, repairs and rotation, having been determined to be the best available current price, is hereby accepted. The Finance Department is authorized to pay the cost of supply in the amount of $55,000.00 from the General Fund No. 11111 and Organization No. 115021, Machine/Equipment Repair. APPROVED AS TO FORM: p:2920mtc e 5/9� PU Y CITY ATTORNEY DATE Adopted: MAR 0 1 2022 ,-0 Attest: CI y Clerk; Approved: /i44 :, ` My or ACTING STATE OF NEBRASKA CONTRACT AMENDMENT State Purchasing Bureau 1526 K.Street,Suite 130 Lincoln,Nebraska 68508 PAGE ORDER DATE Telephone;(402)471-6500 1 of 1 09/27/19 Fax(402)471-2089 BUSINESS UNIT BUYER 9000 CHRISTIE KELLY(AS) CONTRACT NUMBER VENDOR NUMBER' 2037520 15152 OC VENDOR ADDRESS: BRIDGESTONE AMERICAS INC DBA BRIDGESTONE AMERICAS TIRE OPERATIONS LLC 535 MARRIOTT DR NASHVILLE TN 37214-5092 THE CONTRACT PERIOD IS: MAY 01, 2019 THROUGH MARCH 31, 2024 THIS CONTRACT HAS BEEN AMENDED PER THE FOLLOWING INFORMATION: NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS AND/OR SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE. THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE MATERIALS AND/OR SERVICES SHOWN BELOW,AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE OF NEBRASKA. Originally awarded from NASPO ValuePoinl Contract Number 19102 Contract to supply and deliver Tires,Tubes and Services,through a prime vendor program to the State of Nebraska as per the attached specifications for the contract period May 01,2019 through March 31,2024. Payment:45 days Political Subdivisions are responsible for processing Purchase Orders directly with the contracted vendor. For the File:This RFP and Contract are bid and awarded by the Slate of Iowa.All backup bids.etc. are retained by the State of Iowa For the File:The NASPO ValuePoint Bridgestone Americas Tire Operations, LLC Tires,Tubes and Services period was effective May 01, 2019.The NASPO ValuePoint Bridgestone Amehras Tire Operations, LLC Tires, Tubes and Services for Nebraska became effective on April 25,2019, Contact Name: Gregg Trosper, Manager Government Utility and Military Sales Phone:615-937-3794 Email:TrosperGregg©bfusa.com (vc 4/22/19) Amendment One(1)as attached.(vo 5/7/19) Amendment Two(2) as attached.(mel 09/27/19) Estimated Unit of Unit Line Description Quantity Measure Price 1 TIRES, TUBES AND SERVICES 500,000.0000 $ 1.0000 f r 410/4"7" gi ? / TERIELADMINISTRATOR Ai P,-1 9G11 H TAGG011PI ISFA000.1'2Q1'.090I AMENDMENT TWO Contract 15152 OC Tires, Tubes and Services for the State of Nebraska Between The State of Nebraska and Bridgestone Americas Inc. dba Bridgestone Americas Tire Operations LLC This Amendment (the "Amendment") is made by the State of Nebraska and Bridgestone Americas Inc. dba Bridgestone Americas Tire Operations LLC, parties to Contract 15152 OC (the "Contract"), and upon mutual agreement and other valuable consideration, the parties agree to and hereby amend the contract upon Execution by both parties as follows: 1. Vendor contact information is hereby superseded and replaced by: Contact Name: Gregg Trosper, Manager Government Utility and Military Sales Phone: 615-937-3794 Email: TrosoerGrecto(ftfusa,com This amendment and any attachments hereto will, become part of the Contract. Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Contract or any earlier amendment, the terms of this amendment wilt prevail. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below. State of Nebraska Contractor: Bridgestone Americas Inc. dba Bridgestone Americas Tire Operations LLC By: By: Name: Doug Carlson Name: Gregg Trosper Title; Materiel Administrator Title: Manager Government & Military Sales Date: 7/1141q Date: 9.23.19 Nebraska Authorized Dealer List CITY DEALERSTORE ADDRESS ZIP CODE PHONENUMBER AURORA T.O.HAAS TIRE 230 S 16TH 68818(402)694-3222 BEATRICE T.O.HAAS TIRE 1800 N 6TH 68310(402)223-2352 BELLEVUE FIRESTONE AUTO COMPLETE CARE 941 FORT CROOK RD N 68005-4335 (402)734-6100 BELLEVUE TIRES PLUS TOTAL CAR CARE 519 FORT CROOK RD N 68005-4552 (402)733-5511 BROKEN BOW GARRETT TIRES&TREADS 202 S 9TH AVE. 68822(308)872-2444 CENTRAL CITY T.O.HAAS TIRE 1014 G ST 68826(308)946-3043 COLUMBUS FIRESTONE STORE 1920 23RD ST 68601-0000 - COLUMBUS POMPS TIRE SERVICE INC 1103 E 23RD ST 68601-0000 (402)564-0541 COZAD GARRETT TIRE 203 E 8TH ST 69130-1835 (308)784-2101 COZAD GARRETT TIRES,TREADS&APPLIANCES 210 S MERIDIAN AVE 69130-0000 (308)784-2101 FAIRBURY T.O.HAAS TIRE 1222 E ST 68352(402)729-6164 FREMONT BAUER BUILT INC 2547 W 23RD ST 68025(402)753-2979 FREMONT FIRESTONE STORE 5TH&PARK 68025-0000 - FREMONT TIRES PLUS 405 N BROAD STREET 68025-4928 - GRAND ISLAND BAUER BUILT INC 3334 W COUGAR DR 68803(308)382-8167 GRAND ISLAND GARRETT TIRES&TREADS 3004 OLD POTASH 68803(308)382-0809 GRAND ISLAND POMPS TIRE SERVICE INC 3904 W US HIGHWAY 30 68803-5039 (308)398-8000 HARTINGTON POMPS TIRE SERVICE INC 202 S BROADWAY AVE 68739-4664 (402)254-9520 HARTINGTON POMPS TIRE SERVICE INC 56251 HWY 84 (blank) (402)254-9520 HASTINGS FIRESTONE AUTO COMPLETE CARE 926 W 1ST ST 68901-5002 - HASTINGS GARRETT TIRES&TREADS 1007 EAST SOUTH ST 68901(402)463-6222 IMPERIAL T.O.HAAS TIRE 621 N HWY 61 69033(308)882-5055 KEARNEY GARRETT TIRES&TREADS 1316 E 28TH ST 68847-0000 (800)658-4299 LEXINGTON BAUER BUILT INC 2810 HEARTLAND DR 68850(308)324-4881 LEXINGTON T.O.HAAS TIRE 1001 W PACIFIC AVE 68850(308)324-3900 LINCOLN BAUER BUILT INC 7800 N 56TH ST 68514(402)464-7800 1 LINCOLN FIRESTONE AUTO COMPLETE CARE 1139 N ST 68508-2128 (402)476-1088 LINCOLN FIRESTONE AUTO COMPLETE CARE 300 N 66TH ST 68505-2404 (402)467-4593 LINCOLN FIRESTONE AUTO COMPLETE CARE 8501 ANDERMATT DR 68526-0000 - LINCOLN POMPS TIRE SERVICE INC 3541 NW 15TH ST 68521-3663 (402)438-3000 LINCOLN POMPS TIRE SERVICE INC 4101 W 0 ST 68528-1829 (402)438-3000 LINCOLN T.O.HAAS TIRE 1150 N 48TH 68504(402)467-3561 LINCOLN T.O.HAAS TIRE 2400 0 STREET 68510(402)323-4220 LINCOLN T.O.HAAS TIRE 2700 FOLKWAYS BLVD 68521(402)438-0077 LINCOLN T.O.HAAS TIRE 5900 S 56TH ST 68516(402)420-6900 LINCOLN T.O.HAAS TIRE 640 WEST 0 ST 68528(402)434-3434 LINCOLN T.O.HAAS TIRE 7201 S 27TH ST 68512(402)420-7888 LINCOLN T.O.HAAS TIRE 8300 DAWSON CREEK BAY 68505(402)465-5572 LINCOLN WALKER TIRE 5535 ARBOR RD 68514-9723 (402)464-3500 NORFOLK BAUER BUILT INC 2200 SOUTH 13TH ST 68702(402)379-4494 NORFOLK POMPS TIRE SERVICE INC 1214 S PINE INDUSTRIAL RD 68701-1718 (402)844-4000 NORFOLK POMPS TIRE SERVICE INC 201 NORFOLK AVE 68701-4952 (402)371-5282 NORFOLK POMPS TIRE SERVICE INC 2021 RIVERSIDE AVE 68701-0000 (402)371-5282 NORFOLK T.O.HAAS TIRE 1215 LOGAN ST 68701(402)371-4772 NORFOLK TIRES PLUS 2201 PASEWALK 68701-4614 - NORFOLK GCR TIRE&SERVICE 202 WINTER AVE 68701-0000 - NORTH PLATTE FIRESTONE STORE 510-20 E 4TH ST 69101-0000 - NORTH PLATTE GARRETT ENTERPRISES INC 518 E 4TH STREET 69101-0000 (308)532-0350 NORTH PLATTE T.O.HAAS TIRE 1919 RODEO RD 69101(308)534-1314 OFFUTT AFB FIRESTONE AUTO COMPLETE CARE 902 GARLAND ST BLDG 280 68133-3126 (402)291-8743 OGALLALA T.O.HAAS TIRE 700 W 1ST 69153(308)284-2894 OMAHA BAUER BUILT,INC. 7728 F ST 68127-1827 (402)331-1999 OMAHA CROSS DILLON TIRE 10201 SAPP BROTHERS DR 68138-4803 (402)829-1000 OMAHA FIRESTONE AUTO COMPLETE CARE 13060 W CENTER RD 68144-3737 (402)334-2727 OMAHA FIRESTONE AUTO COMPLETE CARE 17636 ARBOR PLZ 68130-4673 (402)333-1438 OMAHA FIRESTONE AUTO COMPLETE CARE 2001 HARNEY ST 68102-2303 (402)345-2111 OMAHA FIRESTONE AUTO COMPLETE CARE 3018 N 90TH ST 68134-4704 (402)572-9166 OMAHA FIRESTONE AUTO COMPLETE CARE 302 S 72ND ST 68114-4606 (402)391-8688 OMAHA FIRESTONE AUTO COMPLETE CARE 3830 N 144TH ST 68116-4200 (402)492-1202 OMAHA FIRESTONE AUTO COMPLETE CARE 4965 L ST 68117-1557 (402)733-4431 OMAHA FIRESTONE STORE 302 S 72ND ST 68114-4606 (402)391-8688 OMAHA FIRESTONE STORE 5914 AMES AVE 68104-2728 - OMAHA POMPS TIRE SERVICE INC 11403 S 153RD ST 68138-4406 (402)829-1000 OMAHA POMPS TIRE SERVICE INC 6706 L ST 68117-1023 (402)331-8000 OMAHA T.O.HAAS TIRE 2545 S 120TH 68144(402)734-6645 OMAHA T.O.HAAS TIRE 5120 L ST 68117(402)734-1880 OMAHA TIRES PLUS TOTAL CAR CARE 2610 S 144TH ST 68144-3252 (402)691-9758 OMAHA TIRES PLUS TOTAL CAR CARE 3716 N 90TH ST 68134-4129 (402)572-8700 OMAHA TIRES PLUS TOTAL CAR CARE 4120 N 132ND ST 68164-1842 (402)491-3500 OMAHA TIRES PLUS TOTAL CAR CARE 7437 PACIFIC ST 68114-5432 (402)392-1700 PAPILLION FIRESTONE AUTO COMPLETE CARE 11751 S 73RD ST 68046-0000 (402)331-4400 PAPILLION TIRES PLUS TOTAL CAR CARE 1220 ROYAL DR 68046-2080 (402)331-2331 SAINT PAUL T.O.HAAS TIRE 312 2ND ST 68873(308)754-4062 -[ 1, Nebraska Authorized Dealer List CITY DEALERSTORE ADDRESS ZIP CODE PHONENUMBER TECUMSEH T.O.HAAS TIRE 178 S 12TH ST 68450(402)335-2882 VALENTINE PIT STALL INC 221 W HIGHWAY 20 69201(402)376-1830 WISNER FARMERS&FEEDERS TIRE&SERVICE LL 661 HWY 275 68791-0000 (402)529-3538 YORK PENNERS TIRE&AUTO 903 N LINCOLN AVE 68467-2445 (402)362-5577 STATE OF NEBRASKA CONTRACT AMENDMENT State Purchasing Bureau 1526 K Street,Suite 130 Lincoln,Nebraska 68508 PAGE ORDER DATE Telephone;(402)471-6500 1 of 1 05/09/19 Fax.(402)471.2089 BUSINESS UNIT BUYER 9000 CHRISTIE KELLY(AS) CONTRACT NUMBER VENDOR NUMBER: 2037520 15152 OC VENDOR ADDRESS: BRIDGESTONE AMERICAS INC DBA BRIDGESTONE AMERICAS TIRE OPERATIONS LLC 535 MARRIOTT DR NASHVILLE TN 37214-5092 THE CONTRACT PERIOD IS: MAY 01, 2019 THROUGH MARCH 31, 2024 THIS CONTRACT HAS BEEN AMENDED PER THE FOLLOWING INFORMATION: NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS AND/OR SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE. THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE MATERIALS AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE OF NEBRASKA. Originally awarded from NASPO ValuePoint Contract Number 19102 Contract to supply and deliver Tires,,Tubes and Services,through a prime vendor program to the.State of Nebraska as per the attached specifications for the contract period May 01,2019 through March 31,2024. Payment:45 days Political Subdivisions are responsible for processing Purchase Orders directly with the contracted vendor. For the File:This RFP and Contract are bid and awarded by the State of Iowa,All backup bids,etc.are retained by the State of Iowa. For the File:The NASPO ValuePoint Bridgestone.Americas Tire Operations, LLC Tires,Tubes and Services period was effective May 01, 2019.The NASPO ValuePoint Bridgestone Americas Tire Operations,LLC Tires, Tubes and Services for Nebraska became effective on April 25,2019. Contact Name. Gregg Trosper,Manager Government Utility and Military Sales Phone:617-937-3794 Email: TrosperGregg@brusa.com (vc 4/22/19) Amendment One as attached,(vc 5/7/19) Estimated Unit of Unit Line Description Quantity Measure Price 1 TIRES, TUBES AND SERVICES 500,000.0000 $ 1.0000 YATIMIATME,, traiti %W. 5P/161 f � Air MATE IEL ADMINISTRATOR r,^3 401rviumau01;rusronnm?n,soya, AMENDMENT ONE Contract 15152 OC Tires, Tubes and Services for the State of Nebraska Between The State of Nebraska and Bridgestone Americas Inc. dba Bridgestone Americas Tire Operations LLC This Amendment (the "Amendment") Is made by the State of Nebraska and Bridgestone Americas Inc. dba Bridgestone Americas Tire Operations LLC, parties to Contract 15152 OC (the "Contract"), and upon mutual agreement and other valuable consideration, the parties agree to and hereby amend the contract upon Execution by both parties as follows: 1. Delete the following wording from the header of the Contract page:. "For a complete list of Bridgestone Americas Tire Operations, LLC, go to https://www.naseovalueeoint.orq/portfolios/portfolio-contractor/bridgestone-tires- to bes-and-services/. This amendment and any attachments hereto will become part of the Contract. Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Contract or any earlier amendment, the terms of this amendment will prevail. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below. State of Nebrask Contractor: Bridgestone Americas Inc. By: By: Name: Doug Carlson Name: Gregg Trosper Title: Materiel Administrator Title: Manager Gov&Military Sales Date: J 4 l9 Date: 5/6/19 STATE OF NEBRASKA CONTRACT AWARD State Purchasing Bureau 1526 K.Street,Suite 130 Lincoln,Nebraska 68508 PAGE ORDER DATE Telephone:(402)471.6500 1 of 1 04/29/19 Fog:(402)471-2089 BUSINESS UNIT BUYER 9000 CHRISTIE KELLY(AS)_ CONTRACT NUMBER VENDOR NUMBER. 2037520 15152 OC VENDOR ADDRESS: BRIDGESTONE AMERICAS INC DBA BRIDGESTONE AMERICAS TIRE OPERATIONS LLC 535 14ARRIOTT DR NASHVILLE TN 37214-5092 AN AWARD HAS BEEN MADE TO THE CONTRACTOR NAMED ABOVE FOR THE FURNISHING OF MATERIALS AND/OR SERVICES AS LISTED BELOW FOR THE PERIOD: MAY 01, 2019 THROUGH MARCH 31, 2024 NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS AND/OR SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE, THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE MATERIALS AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE OF NEBRASKA. Originally awarded from NASPO ValuePoint Contract Number 19102 Contract to supply and deliver Tires,Tubes and Services,through a prime vendor program la the Slate of Nebraska as per the attached specifications for the contract period May 01,2019 through March 31,2024. Payment:45 days Political Subdivisions,are responsible for processing Purchase Orders directly with the contracted vendoi For a complete list of Bidgestone Americas Tire Operations, LLC,go to https://www.naspovaluepoinLorg/portfolios/portfolio-contractor/bridgestone-tires-tubes-arid-services/ For the File:This RFP and Contract are bid and awarded by the State of Iowa.Alf backup bids,etc.are retained by the State of Iowa. For the File:The NASPO ValuePoint Bridgestone Americas Tire Operations,LLC Tires,Tubes andServices period was effective May 01, 2019.The NASPO ValuePoint Goodyear Tire and Rubber Company Tires,Tubes.and Services for Nebraska became effective on April 25, 2019. Contact Name: Gregg Trosper, Manager Government Utility and Military Sales Phone:617-937-3794 Email;TrosperGregg@brusa.eom (vc 4/22/19) Estimated Unit of Unit Line Description Quantity Measure Price 1 TIRES,TUBES AND SERVICES 500,000,0000 $ 1.0000 r 41 '. g !is N„ ✓5' / [� ERIEL ADMINISTRATOR (14/11 R.13.sooi p5CaoU 1U I=Ono I a 15it70 15152 OC, Tires, Tubes and Services: Contract Instructions Description Contract Summary This is a Statewide Contract in participation with Sourcewell Cooperative Contract for the purchase of purchasing Tires, Tubes and Services. Bridgestone has over 6,000 company owned and authorized tire and service centers nationwide. Contract Manager/Email Christie Kelly christina.kelly@nebraska.00v Order Instructions 1. Request a Quote: Call 1-866-936-7468 Monday through Friday Bam—fipm CST for contract pricing or to find the nearest authorized dealer. Customers can also visit www.batogovtires.com website. Registration is required. 2: Purchase Orders: Dependent on the dealer- some accept the following options to submit a purchase order: Email, fax, online, phone call. a Online Accounts: NA 4. List of distributors: See Attached 5. Additional ways to procure: Customers may make purchases in-store or contact an authorized dealer directly. 6. Payments: Payments are made to the authorized dealer or store where the purchase is made. Vendor Contact information ➢ Supplier Contact: Gregg Trosper Contact title: Tires, Tubes and Services Phone: 615-937-3794 Email: trospergregg@bfusa.com NE State Purchasing Bureau I 1526 K Street,Suite 130 I Lincoln, NE 68508 402-471-6500 as.materielpurchasing@nebraska.gov PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 1 of 19 1. Scope: This addendum covers the Tires, Tubes and Services Contracts lead by the State of Iowa for use by state agencies and other entities located in the Participating State/Entity authorized by that state's statutes to utilize State/Entity contracts with the prior approval of the State's Chief Procurement Official. 2. Participation: Use of specific NASPO ValuePoint cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use State/Entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. Contractor may extend the Contract to political subdivisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by political subdivisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by political subdivisions or other public entities not authorized by Neb. Rev. Stat. § 81- 145, listed as "all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations." A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts. 3. Participating State Modifications or Additions to Master Agreement: (These modifications or additions apply only to actions and relationships within the Participating Entity.) a. PRICES Prices shall be net, including transportation and delivery charges fully prepaid by the Contractor, F. O. B. Destination. No additional charges will be allowed for packing, packages or partial delivery costs. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa(hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 2 of 19 b. CONTRACT PERIOD May 1, 2019 through March 31, 2024 with no renewal periods. The Master Agreement may be extended for a reasonable period of time, not to exceed six (6) months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidable delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions. c. REPORTS The Contractor shall also provide to the State of Nebraska primary contact person quarterly utilization reports containing at a minimum the following information pertaining to State of Nebraska agencies, boards, commissions, and political subdivisions utilization: 1) Ordering Entity 2) Purchase order number; 3) Description; 4) Quantity; and 5) Price. These reports will be provided in Excel format and sent via email on a quarterly basis as follows: Period End Report Due December 31 January 31 March 31 April 30 June 30 July 31 September 30 October 31 Reports shall be sent to as.materielpurchasingenebraska.gov; to the attention of the Participating Entity's primary contact. Please include the contract number, 15152 OC, in the subject line of the email. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa(hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 3 of 19 d. ADMINISTRATIVE FEE/REBATE The Contractor agrees to provide a quarterly administrative fee in the form of a check.The fee will be payable to the State for an amount equal to one quarter of one percent (.25%) the net sales (net of any returns, credits, or adjustments under this Addendum for the period. The Contractor's WSCA-NASPO pricing to the State shall not be adjusted to offset for the equivalent fee amount. Payments shall be made in accordance with following schedule: Period End Fee Due December 31 January 31 March 31 April 30 June 30 July 31 September 30 October 31 e. ADMINISTRATIVE FEE/REBATE REMITTANCE LOCATION All Administrative Fees/Rebates will be sent to the following address: State Purchasing Bureau c/o Central Finance,Administrative Services, Suite 240 1526 K Street Lincoln, NE 68508 f. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT/NONDISCRIMINATION The contractor shall comply with all applicable local, State and Federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits contractors of the State of Nebraska, and their subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions or privileges of employment because of race, color, religion, sex, disability, or national origin (Neb. Rev. Stat. §§ 48-1101 to 48- 1125). The contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this contract. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa(hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 4 of 19 g. PERMITS, REGULATIONS, LAWS The contractor shall procure and pay for all permits, licenses and approvals necessary for the execution of the contract. The contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders and regulations. h. INDEPENDENT CONTRACTOR It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto. The contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under the contract. The contractor's employees and other persons engaged in work or services required by the contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the contractor, its officers or its agents) shall in no way be the responsibility of the State. The contractor will hold the State harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits from the State including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay or retirement benefits. CONTRACTOR RESPONSIBILITY The contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the contract. The contractor shall be the sole point of contact regarding all contractual matters. If the contractor intends to utilize any subcontractors' services, the subcontractors' level of effort, tasks and time allocation must be clearly defined in the contract. The contractor shall agree that it will not utilize any subcontractors not specifically included in this contact, in the performance of the contract, without the prior written authorization of the State. Following execution of the contract, the contractor shall proceed diligently with all services and shall perform such services with qualified personnel in accordance with the contract. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LW (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 5 of 19 j. CONTRACTOR PERSONNEL The contractor warrants that all persons assigned to the project shall be employees of the contractor or specified subcontractors, and shall be fully qualified to perform the work required herein. Personnel employed by the contractor to fulfill the terms of the contract shall remain under the sole direction and control of the contractor. The contractor shall include a similar provision in any contract with any subcontractor selected to perform work on the project. Personnel commitments made in the contract shall not be changed without the prior written approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. The State reserves the right to require the contractor to reassign or remove from the project any contractor or subcontractor employee. In respect to its employees, the contractor agrees to be responsible for the following: 1) any and all employment taxes and/or other payroll withholding; 2) any and all vehicles used by the contractor's employees, including all insurance required by state law; 3) damages incurred by contractor's employees within the scope of their duties under the contract; 4) maintaining workers' compensation and health insurance and submitting any reports on such insurance to the extent required by governing State law; and 5) determining the hours to be worked and the duties to be performed by the contractor's employees. Notice of cancellation of any required insurance policy must be submitted to the State when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage. k. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION The contractor shall not, at any time, recruit or employ any State employee or agent who is working with the contract or in relation to this contract. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 6ofl9 1. CONFLICT OF INTEREST The contractor certifies that there does not now exist any relationship between the contractor and any person or entity, which is or gives the appearance of a conflict of interest related to this contract or project. The contractor certifies that it shall not take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder or which creates an actual or appearance of conflict of interest. The contractor certifies that it will not employ any individual known by contractor to have a conflict of interest. m. ERRORS AND OMISSIONS The contractor shall not take advantage of any errors and/or omissions in this contract. The contractor must promptly notify the State of any errors and/or omissions that are discovered. n. ASSIGNMENT BY THE STATE The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder. o. ASSIGNMENT BY THE CONTRACTOR The contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior written consent of the State, which will not be unreasonably withheld. Contractor's use of Approved Distributors (as defined in the Master Agreement) will not be deemed a violation of this Section 3.o p. GOVERNING LAW The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this contract shall be brought in the State of Nebraska administrative or judicial forums as defined by State law. The contractor must be in compliance with all Nebraska statutory and regulatory law. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 7 of 19 q. ATTORNEY'S FEES In the event of any litigation, appeal or other legal action to enforce any provision of the contract, the contractor agrees to pay all expenses of such action, as permitted by law, including attorney's fees and costs, as ordered by a court. r. ADVERTISING The contractor agrees not to refer to the contract in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pertaining to the project shall not be issued without prior written approval from the State. s. STATE PROPERTY The contractor shall be responsible for the proper care and custody of any State-owned property, which is furnished for the contractor's use during the performance of the contract. The contractor shall reimburse the State for any loss or damage of such property, normal wear and tear is expected. t. SITE RULES AND REGULATIONS The contractor shall use its best efforts to ensure that its employees, agents and subcontractors comply with site rules and regulations while on State premises. If the contractor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements with the State to ensure access to the facility and the equipment has been arranged. No additional payment will be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to between the State and the contractor. u. EARLY TERMINATION The contract may be terminated as follows: 1) The State and the contractor, by mutual written agreement, may terminate the contract at any time. 2) The State, in its sole discretion, may terminate the contract for any reason upon 30 days written notice to the contractor. Such termination shall not relieve the PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 8 of 19 contractor of warranty or other service obligations incurred under the terms of the contract. 3) The State may terminate the contract immediately for any of the following reasons: a) if directed to do so by statute; b) contractor has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mature, or has ceased operating in the normal course of business; c) a trustee or receiver of the contractor or of any substantial part of the contractor's assets has been appointed by a court; d) fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by its contractor, its employees, officers, directors or shareholders; e) an involuntary proceeding has been commenced by any party against the contractor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) days; or (ii) the contractor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the contractor has been decreed or adjudged a debtor; fl a voluntary petition has been filed by the contractor under any of the chapters of Title 11 of the United States Code; g) contractor intentionally discloses confidential information; h) contractor has or announces it will discontinue support of the deliverable; i) second or subsequent documented "vendor performance report" form deemed acceptable by the State Purchasing Bureau. v. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS The State may terminate the contract, in whole or in part, in the event funding is no longer available. The State's obligation to pay amounts due for fiscal years following the current fiscal year is contingent upon legislative appropriation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal years for which such funds are not appropriated. The State will give the contractor written notice thirty (30) days prior to the effective date of any termination, and advise the contractor of the location (address and room number) of any related PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 9 of 19 equipment. In the event of cancellation, the contractor shall be entitled to payment, determined on a pro rata basis, for products or services satisfactorily performed or provided. The contractor shall be entitled to receive just and equitable compensation for any authorized work, which has been satisfactorily completed as of the termination date. In no event shall the contractor be paid for a loss of anticipated profit. w. BREACH BY CONTRACTOR The State may terminate the contract, in whole or in part, if the contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the contractor, allow the contractor to cure a failure or breach of contract within a period of thirty (30) days (or longer at State's discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested or in person with proof of delivery. Allowing the contractor time to cure a failure or breach of contract does not waive the State's right to immediately terminate the contract for the same or different contract breach, which may occur at a different time. In case of default of the contractor, the State may contract the service/goods from other sources and hold the contractor responsible for any excess cost occasioned thereby. x. ASSURANCES BEFORE BREACH If any document or deliverable required pursuant to the contract does not fulfill the requirements of the contract, upon written notice from the State, the contractor shall deliver assurances in the form of additional contractor resources at no additional cost to the project in order to complete the deliverable, and to ensure that other project schedules will not be adversely affected. y. PROHIBITION AGAINST ADVANCE PAYMENT Payments shall not be made until contractual deliverable(s) are received and accepted by the State. z. PAYMENT State will render payment to contractor when the terms and conditions of the contract and specifications have been satisfactorily completed on the part of the contractor as solely determined by the State. Payment will be made by the responsible agency in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. §§ 81-2401 through 81- PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 10 of 19 2408). The State may require the contractor to accept payment by electronic means such as ACH deposit. In no event shall the State be responsible or liable to pay for any services/goods provided by the contractor prior to receipt, and the contractor hereby waives any claim or cause of action for any such services/goods. aa. INVOICES Invoices for payments must be submitted by the contractor to the agency requesting the services/goods with sufficient detail to support payment. The terms and conditions included in the contractor's invoice shall be deemed to be solely for the convenience of the parties. No terms or conditions (except to the extent they reference any applicable warranty) of any such invoice shall be binding upon the State, and no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State with respect to any such term or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract. bb. TAXES Purchases of goods or services made by the State of Nebraska are exempt from the payment of Federal Excise Taxes, and exemption certificates will be furnished on request. State and local taxes are exempt by State Statute Section 77-2704 (1) (m). Exemption by statute precludes the furnishing of State exemption certificates. cc. CHANGES IN SCOPE/CHANGE ORDERS • The State may, at any time with written notice to the contractor, make changes within the general scope of the contract. Changes in scope shall only be conducted with the written approval of the State's designee as so defined by the State from time to time. The State may, at any time work is in progress, by written order, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the State may find necessary or desirable. The contractor shall not claim forfeiture of contract by reasons of such changes by the State. Changes in work and the amount of compensation to be paid to the contractor for any extra work so ordered shall be determined in accordance with the applicable unit prices of the contract. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 11 of 19 Corrections of any deliverable services/goods or performance of work required pursuant to the contract shall not be deemed a modification requiring a change order. dd. SEVERABILITY If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid. ee. CONFIDENTIALITY All materials and information provided by the State or acquired by the contractor on behalf of the State shall be regarded as confidential information. All materials and information provided by the State or acquired by the contractor on behalf of the State shall be handled in accordance with Federal and State Law, and ethical standards. The contractor must ensure the confidentiality of such materials or information. Should said confidentiality be breached by a contractor; contractor shall notify the State immediately of said breach and take immediate corrective action. It is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i)(1), which is made applicable to contractors by 5 U.S.C. 552a (m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. ff. LIMITATION OF LIABILITY It is understood by the parties that in the State of Nebraska's opinion, any limitation on the contractor's liability is unconstitutional under the Nebraska State Constitution, Article XIII, Section 3, and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such language in documents supplied with the contractor's bid or in the final contract. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 12 of 19 gg. INDEMNIFICATION 1) GENERAL The contractor agrees to defend, indemnify, hold, and save harmless the State and its employees, volunteers, agents, and its elected and appointed officials ("the indemnified parties") from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses ("the claims"), sustained or asserted against the State, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the contractor, its employees, subcontractors, consultants, representatives, and agents, except to the extent such contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims. Contractor is not responsible for the actions or omissions of Independent Dealers (as defined in the Master Agreement), which are not contractors, subcontractors, consultants, representatives, agents, or employees, of contractor, as such terms may be used in this Participating Addendum." 2) INTELLECTUAL PROPERTY The contractor agrees it will at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the contractor or its employees, subcontractors, consultants, representatives, and agents; provided, however, the State gives the contractor prompt notice in writing of the claim. The contractor may not settle any infringement claim that will affect the State's use of the Licensed Software without the State's prior written consent, which consent may be withheld for any reason. If a judgment or settlement is obtained or reasonably anticipated against the State's use of any intellectual property for which the contractor has indemnified the State, the contractor shall at the contractor's sole cost and expense promptly modify the PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa(hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 13 of 19 item or items which were determined to be infringing, acquire a license or licenses on the State's behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State's election, the actual or anticipated judgment may be treated as a breach of warranty by the contractor, and the State may receive the remedies provided under this contract. The contractor's obligations under this section shall not extend to any combination of the Product (as defined in the Master Agreement) with any other product, system or method, unless the Product, system or method is: a) provided by the contractor or the contractor's subsidiaries or affiliates; b) specified by the contractor to work with the Product; or c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or d) It would be reasonably expected to use the Product in combination with such product, system or method. 3) PERSONNEL The contractor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker's compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel provided by the contractor. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 14 of 19 hh. ANTITRUST The contractor hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations, which arise under antitrust laws of the United States and the antitrust laws of the State. ii. TIME IS OF THE ESSENCE Time is of the essence in this contract. The acceptance of late performance with or without objection or reservation by the State shall not waive any rights of the State nor constitute a waiver of the requirement of timely performance of any obligations on the part of the contractor remaining to be performed. jj. DRUG POLICY Contractor certifies it maintains a drug free work place environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State. kk. EMPLOYEE WORK ELIGIBILITY STATUS The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: 1) The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.st ate.ne.us 2) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 15 of 19 documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program, 3) The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. 11. POLITICAL SUB-DIVISIONS Contractor may extend the Contract to political subdivisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by political subdivisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by political subdivisions or other public entities not authorized by Neb. Rev. Stat. § 81-145, listed as "all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations." A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts. 4) [Purposely left blank]. PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of.Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire.Operations,LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page. 16 of 19 5) Primary Contacts:The primary contact individuals for this participating addendum are as follows (or their named successors): Lead State Name Nancy Wheelock Address 1.305 E. Walnut Street, Hoover Bldg. Floor 3, Des Moines, IA 503.19 Telephone 515-725-2268 Fax 515-725-0038 -mail Nancv.Wheelock@iowa.gov Contractor Name Gregg Trosper, Manager Government Utility and Military Sales Address 200 4th Ave. South,Nashville, TN 37201 Telephone 615-937-3794 is-mail TrosperGreog(brusa.com Participating Entiti. Name Christie Kelly, Buyer Address State of Nebraska State Purchasing Bureau 1526 K Street,Suite 130 Lincoln, NE 68509 Telephone 402-471-1431 Fax 402-471-2089 E-mail Christina.kelly cOnebrask gov 6) Subcontractors: All [contactor] dealers and resellers authorized in the State of Nebraska, as shown on the dedicated [contractor] (cooperative contract) website, are approved to provide sales and service support to participants in the Master Agreement. The [contractors] dealer's participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement, PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa (hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 17 of 19 7) Purchase Order Instructions: All orders should contain the following (1) Mandatory Language "PO is subject to NASPO ValuePoint Contract #19102" (2) Your Name, Address, Contact, & Phone-Number (3) Purchase order amount. Please channel your PO through one of our authorized resellers so they can arrange for proper ordering and installation of your unit. Orders can be made out to either (a) [CONTRACTOR] or (b) to an AUTHORIZED reseller depending upon the preference of the Participating State or other participating legal entity. 8) Price Agreement Number: All purchase orders issued by purchasing entities within the jurisdiction of this participating addendum shall include the Participating State contract number: 15152 OC and the Lead State price agreement number: 19102. 9) Individual Customer: Each State agency and political subdivision, as a Participating Entity, that purchases products/services will be treated as if they were Individual Customers. Except to the extent modified by a Participating Addendum, each agency and political subdivision will be responsible to follow the terms and conditions of the Master Agreement; and they will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement. Each agency and political subdivision will be responsible for their own charges, fees, and liabilities. Each agency and political subdivision will have the same rights to any indemnity or to recover any costs allowed in the contract for their purchases. The Contractor will apply the charges to each Participating Entity individually. This Participating Addendum and the Master Agreement number 19102 (administered by the State of Iowa) together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Master Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Agreement and its exhibits shall prevail and govern in the case of any such PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa(hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 18 of 19 inconsistent or additional terms within the Participating State. Purposely Left Blank PARTICIPATING ADDENDUM (Hereinafter "Addendum") NASPO ValuePoint Contract Number 19102 Tires, Tubes and Services Administered by the State of Iowa(hereinafter "Lead State") MASTER AGREEMENT Bridgestone Americas Tire Operations, LLC (Hereinafter "Contractor") And State of Nebraska (Hereinafter "Participating State/Entity") Page 19 of 19 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. State of Nebraska: Contractor: Bridgestone Americas Tire Operations,LLC By: By: Na Name: ((: _lb_n Gregg Trosper Title: DAS D' 'sion Administrator Title: V;(0:4 Manager Gov&Military Sales Date: Date: 4/26/19 [Additional signatures as required by Participating State]