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SERIAL 260093-S
STREET SWEEPING SERVICES
LAST REVISION: July 15, 2026
CONTRACT END: August 31, 2028
CONTRACT PERIOD THROUGH AUGUST 31, 2028
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for STREET SWEEPING SERVICES
Attached to this letter is published an effective purchasing contract for products
and/or services to be supplied to Maricopa County activities as awarded by Maricopa
County on July 15, 2026 (Eff. 09/01/2026).
All purchases of products and/or services listed on the attached pages of this letter
are to be obtained from the vendor holding the contract. Individuals are responsible to
the vendor for purchases made outside of contracts. The contract period is indicated
above.
AW/mm
Attach
Copy to:
Office of Procurement Services
Martie Billings, MCDOT
Efren Guevara, MCDOT
(Please remove Serial 200220-S from your contract notebooks)
SERIAL # 260093-S
C&S SWEEPING SERVICES, INC., PO BOX 24479, PHOENIX, AZ 85074
COMPANY NAME:
C&S Sweeping Services, Inc.
DOING BUSINESS AS (dba):
N/A
MAILING ADDRESS:
PO Box 24479, Phoenix, AZ 85074-4479
REMIT TO ADDRESS:
716 E. Tonto Street, Phoenix, AZ 85034
TELEPHONE NUMBER:
602-252-9471
WWW ADDRESS:
www.candssweeping.com
CONTACT NAME:
Heather Danielson
CONTACT TELEPHONE NUMBER:
O 602-252-9471, M 602-499-2120
CONTACT EMAIL ADDRESS:
heather@candssweeping.com
UNIQUE ENTITY IDENTIFIER (UEI)
Z9D5MHP6F9X6
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Description
UOM
Quantity Price
Base Sweeping Services - 7 Sweeps Annually
Approximately 5404 CLM
Mile
5404
$107.78
Rural Low Volume Sweeping Services-w/no curb
and gutter -7 Sweeps Annually 379 CLM
Mile
379
$107.00
Base Sweeping Service-Emergency Call Out
Hour
35
$151.94
Sweeping other than regular sweeping/Optional
Sweeping
Hour
5
$151.94
Sweeping off-hours and weekends/Optional
Sweeping
Hour
5
$151.94
Special Event Sweeping
Hour
5
$151.94
7 Foot Side cast (Kick Broom)
Hour
5
$195.00
14 Foot Side cast (Kick Broom)
Hour
5
$360.00
Disposal Sites to be Used by Vendor
(The contractor shall dispose of all waste in accordance with all applicable County,
State and Federal laws and regulations. The contractor shall be solely responsible for
any fees involved with disposal.)
Weinberger Waste Disposal 3425 South
43rd Ave. Phoenix, AZ 85009
MSW, Municipal Solid Waste
RAD Phoenix 3000 S 19th Ave. Phoenix,
AZ 85009
MSW, Municipal Solid Waste
SERIAL # 260093-S
C&S SWEEPING SERVICES, INC
PRICING SHEET: 96874
Terms:
2% 10 DAYS NET DAYS
Vendor Number
VC0000007998
Certificates of Insurance
Required
Contract Period:
To cover the period ending August 31, 2028.
$77$&+0(17% $*5((0(173$*(
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260093-S
C&S Sweeping Services, Inc.
Heather Danielson, Operations Manager
heather@candssweeping.com
716 E. Tonto Street
Phoenix Arizona
85034
www.candssweeping.com
86-0747568
O 602-252-9471, M 602-499-2120
5-9-2026
Heather Danielson
Digitally signed by Heather Danielson
Date: 2026.05.09 12:15:14 -07'00'
06/26/2026
387< &2817< $7725
SERIAL # 260093-S
SCA OF AZ, LLC, 3031 N ROCKY POINT DRIVE W. STE 730, TAMPA, FLORIDA 33607
COMPANY NAME:
SCA of AZ, LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
3031 N Rocky Point Drive W. Ste 730, Tampa,
Florida 33607
REMIT TO ADDRESS:
PO Box 84533, Seattle, WA 98124-5833
TELEPHONE NUMBER:
813-771-7041
WWW ADDRESS:
www.sweepingcorp.com
CONTACT NAME:
Jose Brito
CONTACT TELEPHONE NUMBER:
310-200-7750
CONTACT EMAIL ADDRESS:
jbrito@sweepingcorp.com
UNIQUE ENTITY IDENTIFIER (UEI):
YAA7AHH9SBB5
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Description
UOM
Quantity Price
Base Sweeping Services - 7 Sweeps Annually
Approximately 5404 CLM
Mile
5404
$119.00
Rural Low Volume Sweeping Services-w/no curb and
gutter -7 Sweeps Annually 379 CLM
Mile
379
$74.00
Base Sweeping Service-Emergency Call Out
Hour
35
$119.00
Sweeping other than regular sweeping/Optional
Sweeping
Hour
5
$180.00
Sweeping off-hours and weekends/Optional
Sweeping
Hour
5
$180.00
Special Event Sweeping
Hour
5
$180.00
7 Foot Side cast (Kick Broom)
Hour
5
$180.00
14 Foot Side cast (Kick Broom)
Hour
5
$180.00
Disposal Sites to be Used by Vendor
(The contractor shall dispose of all waste in accordance with all applicable County,
State and Federal laws and regulations. The contractor shall be solely responsible for
any fees involved with disposal.)
Cave Creek Transfer Station
3955 E. Carefree Hwy.
Cave Creek, AZ 85331
Bulk Green Waste
SERIAL # 260093-S
SCA OF AZ, LLC
Hassayampa Transfer Station
32450 W. Salome Hwy.,
Arlington, AZ 85322
Bulk Green Waste
Rainbow Valley Transfer Station
17795 S. Rainbow Valley Rd.
Goodyear, AZ 85338
Bulk Green Waste
PRICING SHEET: 96874
Terms:
NET 30 DAYS
Vendor Number
VS0000011776
Certificates of Insurance
Required
Contract Period:
To cover the period ending August 31, 2028.
06/26/2026
SERIAL # 260093-S
STREET SWEEPING SERVICES
1.0
INTENT
1.1
Maricopa County Department of Transportation (MCDOT) is seeking
qualified contractors to provide street sweeping services throughout
Maricopa County (County). Contractors shall provide all personnel, materials,
and equipment needed to perform the services listed herein.
1.2
Other governmental entities under agreement with County may have access
to services provided hereunder (see also Sections 3.9 and 3.10 below).
1.3
The County reserves the right to add additional contractors, at the County’s
sole discretion, in cases where the currently listed contractors are of an
insufficient number or skill set to satisfy the County’s needs or to ensure
adequate competition on any project or task order work.
1.4
The County reserves the right to award this contract to multiple vendors.
The County reserves the right to award in whole or in part, by item or group
of items, by section or geographic area, or make multiple awards, where
such action serves the County’s best interest.
2.0
SPECIFICATIONS
2.1
SERVICE REQUIRED
2.1.1
Street sweeping shall take place on designated arterial (major),
collector, commercial, residential, and rural residential streets as
indicated by MCDOT.
2.1.2
All streets shall be swept in accordance to their designated cycle
of a two-week, four-week, or eight-week sweep, unless otherwise
scheduled by/with the County.
2.1.3
Contractor shall provide all labor, equipment, tools, fuel, materials,
and all other related items to perform the services listed herein.
2.1.4
Contractor shall provide a yard for parking, maintenance, and
storage of all equipment at no expense to the County.
2.1.5
Additional Services
2.1.5.1
Additional services, including emergency call-outs or
special sweeps, shall be performed by the contractor,
upon request by County or its representatives.
SERIAL # 260093-S
2.1.5.2
Response time for all emergency call outs shall be no
longer than four hours after initial contact.
2.1.6
Changes in Service
The County may elect to increase or decrease the frequency or
number of miles of street sweeping services throughout the life of
the contract. The County shall notify the contractor in writing of a
change in service.
2.2
AREAS TO BE CLEANED: Arterial, Collector, Rural Residential, and
Commercial Streets
2.2.1
The entirety of each street shall be swept as needed. No debris
shall be left anywhere on the street pavement after sweeping is
completed.
2.2.2
The entire length of all curbs (including median curbs and curb
returns) shall be swept each time the associated street is swept.
2.2.3
Rural Low Volume Residential streets (streets without curb and
gutter) shall be swept, including all paved areas, so that no debris
shall be left anywhere on the street pavement after sweeping is
completed.
2.2.4
Residential sweeping shall be in accordance with professional
street sweeping policies as supported by North American Power
Sweeping Association (NAPSA) code of ethics.
2.2.4.1
All coordination for residential sweeping shall be made
with the Contract Services field inspector. He/she shall
ensure daily operator reports are properly completed and
forwarded to MCDOT weekly.
2.2.4.2
Sweeping hours for residential streets shall be 7:00 a.m.
to 4:00 p.m. MST, Monday through Thursday, or as
approved schedules deem necessary. Residential streets
may be scheduled every eighth week (a total estimate of
seven sweeps per year), every fourth week (a total
estimate of 13 sweeps per year), or every second week (a
total estimated of 26 sweeps per year). Schedules shall
be submitted for approval at least 72 hours prior to
weekly sweeping operations. MCDOT shall furnish
specific
street
mileage
lists
upon
approval
for
incorporating residential sweeping.
SERIAL # 260093-S
2.2.5
The following items are not the responsibility of the contractor,
and, if discovered, contractor must call to report them, as
indicated:
2.2.5.1
Explosives, gases, flammable or combustible liquids or
solids - call 911.
2.2.5.2
Dead animals, oil spills, large debris on/or blocking
roadway - call MCDOT Dispatch, 602-506-6063.
2.3
SWEEPING PRACTICES
2.3.1
A minimum of three sweepers for center lane miles and two
sweepers for Rural Low Volume Residential roads shall be required.
Any deviation must be approved by MCDOT.
2.3.2
At all times the contractor shall use good sweeping practices and
shall exercise due care so as to prevent spilling, scattering, or
dropping of refuse throughout sweeping activity, and shall
immediately clean up such spillage, dropping, or scattering.
Sweeping practices include, but are not limited to:
2.3.2.1
Adjust spray nozzles to keep dust, caused by sweeping,
to a minimum.
2.3.2.2
Center dirt reflectors and main drag shoes shall be
properly maintained and adjusted, as shall any other
device that is designed to direct debris or dirt into the path
of the rear broom.
2.3.2.3
Sweeping speed shall be adjusted to street conditions
with a maximum speed of eight miles per hour. Patterned
concrete medians, crosswalks, and radius shall be swept
at a maximum speed of three miles per hour.
2.3.2.4
Sweeper operators may come upon vehicles parked in
the street, as the County does not have restrictions for
street parking. Sweepers may be operated as close to
parked vehicles or other obstacles as safety allows,
proceeding at no more than three miles per hour. Any
damage caused by a street sweeper to vehicles parked
on the street will be the responsibility of the contractor.
SERIAL # 260093-S
2.4
DISPOSAL
2.4.1
The contractor shall transport and dispose of all sweepings in
accordance with Arizona Revised Statutes (A.R.S.) Title 49 Chapter
4 and all applicable County, State, and Federal requirements.
2.4.2
The County shall be notified which disposal site(s) are used. Include
a list of disposal sites as Exhibit 8 – Disposal Sites To Be Used By
Vendor, indicating any disposal sites that the contractor may use.
Contractor is responsible for notifying the County before using a
disposal site that is not on the list, and keeping the list of possible
disposal sites current, alerting the County if there is a change to the
list.
2.4.3
Sweepings are not to be off-loaded at temporary storage sites.
2.4.4
The contractor shall be solely responsible for any fees involved in
disposal.
2.5
CONSTRUCTION RELATED PROBLEMS AND TRAFFIC AND STORM DEBRIS
2.5.1
Dirt and debris carried onto streets from identifiable construction
sites is not considered the responsibility of the contractor if the
debris is located within 500 feet of the construction site.
2.5.2
Beyond 500 feet and to 999 feet of the construction site, the
contractor will be responsible for making four separate passes in
front of each site at a speed below the contract limit, regardless of
the condition. The contractor shall report construction areas daily
to MCDOT.
2.5.3
The contractor will be required to totally clean all debris carried by
traffic to areas beyond 1,000 feet from responsibility.
2.5.4
Storm cleanup and sweeping must be completed as soon as
possible. Night sweeping will be permitted upon MCDOT request
for normal storm clean up, at no additional cost to County.
2.6
STANDARD OF PERFORMANCE
2.6.1
Contractor shall remove all debris from all streets and radius every
sweeping cycle. The contractor shall make as many passes as
necessary to accomplish the task. This action will include removal
of spills of concrete, rock, gravel, accident debris, etc. Items of
excessive size, such as cardboard, palm fronds, large gravel, etc.
shall be physically picked up and placed in the hopper by the
operator or other personnel.
SERIAL # 260093-S
2.6.2
Contractor shall clean all sidewalks and driveways as needed or as
requested by MCDOT or other authorized representative, removing
all debris left due to spilling, scattering, or dropping of debris/refuse
during sweeping activity.
2.7
HOURS OF OPERATION
2.7.1
Standard operating hours for street sweeping under this agreement
shall be Monday through Thursday, between the hours of 7:00 a.m.
and 4:00 p.m. MST, with the following exceptions:
2.7.1.1
Area 2-A (two-week sweep): 2:00 a.m. MST until complete
2.7.1.2
McDowell Rd., Alma School Rd to Country Club (two-week
sweep): 1:30 a.m. MST until complete
2.7.1.3
Area 2-B (two-week sweep): 2:30 a.m. MST until complete
2.7.1.4
Gilbert Rd, Loop 202 to SR 87 (two-week sweep): 1:30
a.m. MST until complete
2.7.1.5
No sweeping in Dreaming Summit Subdivision on
Wednesdays (trash pickup day)
2.8
HOLIDAYS
2.8.1
The following is a list of County-observed holidays on which
contract service shall not be performed:
2.8.1.1
New Year’s Day
2.8.1.2
Martin Luther King Day
2.8.1.3
President’s Day
2.8.1.4
Memorial Day
2.8.1.5
Independence Day - July 4th
2.8.1.6
Labor Day - First Monday in September
2.8.1.7
Veteran's Day
2.8.1.8
Thanksgiving Holiday - Fourth Thursday and Friday in
November
SERIAL # 260093-S
2.8.1.9
Christmas Day
2.8.2
When a holiday named herein falls on Saturday or Sunday, special
scheduling adjustments by the contractor may be required. All
such adjustments must be approved by the County.
2.8.3
Holiday street sweeping schedules must be submitted to the
County representative seven days prior to a holiday. Holiday make
up sweeping may not be required.
2.8.4
During the week of a holiday, the contractor shall adjust the weekly
schedule so as to return to the normal weekly schedule the
following week.
2.9
WEATHER CONDITIONS
2.9.1
The County reserves the right to be the sole judge if the weather is
too inclement to allow for street sweeping.
2.9.2
The County reserves the right to direct schedule changes that are
due to inclement weather.
2.9.3
When adverse weather interrupts street sweeping, the contractor
shall adjust the work schedule so as to return to the normal weekly
schedule the following week.
2.9.4
In the event of an inclement weather day, the contractor’s field
inspector shall obtain approval from MCDOT to carry out the day’s
street sweeping.
2.10
CONTRACTOR QUALIFICATIONS
2.10.1 Contractor shall have provided a minimum of three years of street
sweeping services to an entity of a similar size and with similar
needs as the County. Contractor will be asked to provide at least two
references indicating satisfactory performance for such contracts.
2.10.2 Contractors shall have operating facilities located in the County.
2.10.3 Contractor shall include with their bid any contract within the last
five years that was terminated before expiration by any Federal,
State, or local government entity and shall state the circumstances
that lead to the termination decision.
SERIAL # 260093-S
2.11
CONTRACTOR'S EMPLOYEE REQUIREMENTS
2.11.1 Identification
Contractor's employees shall be required to wear a clean uniform
bearing contractor's name. Employees who normally and regularly
come into direct contact with the public shall bear some means of
individual identification, such as a nametag or identification card.
2.11.2 Driver’s License
Employees driving the contractor's vehicles shall at all times
possess and carry a valid Commercial Driver’s License issued by the
State of Arizona.
2.11.3 Additional Qualification
Contractor’s vehicle operators shall have completed American
Traffic Safety Services Association (ATTSA) Safety Training,
Flagger Training, and Traffic Control Technician Training. Operators
shall always carry their Flagger Training Certification when working.
2.11.4 Conduct
2.11.4.1 Contractor's employees and subcontractors shall not
identify themselves as being employees of MCDOT.
2.11.4.2 Employees shall conduct themselves in such a manner as
to avoid embarrassment to MCDOT and shall be
courteous to the public.
2.11.4.3 The County retains the right to require a particular
operator be removed from working on this contract.
2.12
CONTRACT COMPLAINTS AND DEFICIENCIES
2.12.1 Contractor's local office shall have 24-hour telephone service and
a responsible person in charge, Monday through Sunday, to receive
all complaints/requests for service forwarded by MCDOT.
2.12.2 All complaints shall be resolved in an expeditious manner within
the 24-hour period following a complaint/request.
2.12.3 Complaints Received by the County
2.12.3.1 The County will notify the contractor in writing of each
contract complaint reported. Contractor may also be
SERIAL # 260093-S
notified by telephone in case of the need for urgent
response.
2.12.3.2 Daily complaint and deficiency reports will be prepared by
the County and will be submitted to the contractor by 4:30
p.m. MST on the next County workday.
2.12.3.3 Reports of unsatisfactory performance will include a
description of the deficiency and the location of the
deficiency and shall result in the contractor street
sweeping the affected area in its entirety, at no additional
cost to the County, and scheduled in such a way that it
does not impact previous scheduling, until performance
is deemed satisfactory by MCDOT. The area must be
inspected, and services deemed satisfactory prior to
services for the affected area being invoiced.
2.12.3.4 If a complaint is made by a customer and the driver
and/or street sweeper is still in the area, they may be
called back to correct the issue.
2.12.4 Complaints Received by Contractor
The contractor shall submit to the County a written account of all
complaints received on a daily basis. The written account shall
include detailed information regarding the complaint including the
issue, and related detail about the date, time, area and/or locations.
2.12.5 Deficiencies in Service
2.12.5.1 A deficiency in service is failure to perform per contract
specifications.
2.12.5.2 Each area unsatisfactorily cleaned will be considered a
separate deficiency unless located with the same
continuous mile section on the same street.
2.12.5.3 Service deficiencies must be corrected within 24 hours
of receipt of a deficiency notice, at no cost to the County.
Failure of the contractor to do so will result in a
deduction, from the next payment, of at least the cost of
one center mile and equal to the contract unit cost for
the center miles where the deficiency exists. More than
six deficiencies per quarter may result in termination for
default as per Section 4.16 – Termination for Default.
SERIAL # 260093-S
2.12.5.4 Failure to correct a deficiency within 24 hours of the
notice shall be considered failure to perform. MCDOT
will only pay for work completed without deficiencies.
2.13
COMMUNICATION
2.13.1 Local Office
2.13.1.1 Throughout the period of this contract, the contractor
shall establish and maintain an office/dispatch and an
authorized managing agent in the Phoenix Metropolitan
area. Contractor shall have a managing agent who shall
serve as the point of contact and is responsible for
communicating with the County.
2.13.1.2 The managing agent shall be able to conduct immediate
communication in English during the performance of this
contract.
2.13.2 County Contact
For daily operations, the County's point of contact will be the
authorized MCDOT representative.
2.13.3 Field Inspector
2.13.3.1 The contractor shall have a field inspector available via
telephone and mobile response during all street sweeping
hours.
2.13.3.2 The field inspector shall have a cellular telephone at all
times during work operations. The phone number for the
cellular phone must be provided to MCDOT.
2.13.3.3 The field inspector shall be responsible for inspection of
streets
being
swept
and
shall
identify
special
requirements and deficiencies. When applicable, the field
inspector shall make contact with the County's
representative for the purpose of exchanging information
regarding days sweeping, including production and/or
notable discrepancies.
2.13.3.4 The field inspector shall notify MCDOT of the weekly
sweeping schedule 72 hours in advance. The field
inspector shall submit to the representative a schedule
showing areas and/or units complete at the end of each
week.
SERIAL # 260093-S
2.13.3.5 The field inspector shall adjust work hours to coincide
with the MCDOT operational hours (see Section 2.7 –
Hours of Operation).
2.14
ROUTING AND SCHEDULING
2.14.1 The contractor shall provide the County with:
2.14.1.1 Route maps. County reserves the right to request routing
changes at any time during the term of the contract.
2.14.1.2 An annual schedule at renewal or as roads are added or
annexed.
2.14.1.3 A weekly schedule that reflects the current week’s
services based on two-week, four-week, and eight-week
sweep cycles. The upcoming weekly schedule shall be
emailed/delivered every Thursday for the following week
(Monday – Thursday). Contractor shall use and provide
the County a weekly spreadsheet to assist in managing
the contract sweep schedule.
2.14.1.4 A completed schedule of the current week that shall be
sent on Friday of that week by 4:00 p.m. MST.
2.14.2 The contractor shall keep routing and schedule information current
at all times.
2.14.3 The schedule of sweeping shall be provided to the County no later
than 10 days prior to the initiation of sweeping operations or
changes in operation.
2.15
CONTRACTOR'S EQUIPMENT AND VEHICLE REQUIREMENTS
2.15.1 The vehicle used by the field inspector shall not be a sweeper.
2.15.2 Sweeping Equipment - Type, Quantity, and Condition
2.15.2.1 Upon implementation of this contract, the contractor’s
sweeper fleet shall consist of 2016 models, or newer, of
the latest design and construction, and shall not be
prototype models. Any changes in the contractor's
sweeping equipment from the initial equipment must
have prior approval of the County.
SERIAL # 260093-S
2.15.2.2 The contractor shall provide and maintain during the
entire period of the contract a fleet of not less than:
2.15.2.2.1 three regenerative air system sweepers, with
a filtering system capable of trapping
particles in a 10 micron or smaller rated filter
and be equipped with Global Positioning
System (GPS); and
2.15.2.2.2 two dustless type mechanical sweepers with
a filtering system capable of trapping
particles in a 10 micron or smaller rated filter.
2.15.2.3 A sufficient quantity of backup equipment must be
available, equipped with working GPS, to be able to
ensure the sweeping schedule will not be disrupted
should regularly scheduled vehicles be out of order.
2.15.2.4 All vehicles must, at all times, be maintained in good
repair, appearance, and sanitary condition. The County
reserves the right to inspect the contractor's vehicles at
any time to ascertain said condition. The County shall
have the right to "shut down" immediately, upon
inspection, any vehicle/sweeper deemed unsafe or
unsatisfactory during performance of this contract.
2.15.2.5 The contractor shall furnish the County with a list
identifying all equipment to be used in fulfilling this
agreement (Exhibit 5 – PM1-Rule 1186 Emissions) and
notify the County of any additions or deletions. The list
shall be submitted electronically, in writing, to the County
when equipment is added or removed from service.
2.15.2.6 To meet PM10 compliance, the sweeper fleet shall meet
the requirements of the South Coast Air Quality
Management District (SCAQMD) Rule 1186 list of
Certified Street Sweepers (see Exhibit 8 - Disposal Sites
To Be Used By Vendor). The entire Rule 1186 and 1186
Appendix A (Rule 1186-Certified Street Sweeper
Compliance Testing) can be downloaded from the Air
Quality Management District (AQMD) website at
http://www.aqmd.gov/home/rules-compliance/rules.
2.15.3 Equipment Identification
All vehicles and equipment used by the contractor must be clearly
identified with the name of the company, address of local office, and
SERIAL # 260093-S
phone number of local office on each side of the equipment. Also,
the words, "Under contract to the Maricopa County Department of
Transportation," must be on all equipment, including personnel
transportation vehicles. The letters shall be at least three inches
high and of proportionate width.
2.15.4 Equipment Safety Requirements
All equipment must be equipped in accordance with state laws and
shall be equipped with an amber lens flasher visible for one mile in
a 360-degree pattern. Six-inch diameter hazard lights that operate
independently of the brake lights must be visible from the rear. An
arrow board (30" x 60") must be on all sweepers and must be fully
operational. Sweepers must have rotating beacons and backup
alarms.
2.15.5 Minimum Sweeping-Width Required
Equipment must be capable of sweeping a minimum width of eight
feet, measured with all brooms in the sweeping position. Equipment
without this capability are not acceptable.
2.16
EQUIPMENT AVAILABILITY
2.16.1 The total number of sweepers required (less standby units) shall
be available for work a minimum of four days per week during
normal work hours. Each sweeper shall have its own regularly
designated operator and scheduled route each day. The field
inspector will be required to report any and all sweeper breakdown
and repairs to MCDOT immediately. This information shall also be
reported on the daily written report. Contractor or contractor’s field
inspector shall make comments into the remark section of the
sweep schedule explaining the reason a sweep was not on
schedule.
2.16.2 The County considers that it is paying for immediate availability of
each sweeper, between the hours of 6:00 a.m. MST until completion
of routes, on any day a full route is scheduled, unless the County has
approved suspension of work due to inclement weather.
2.17
AUTOMATIC VEHICLE LOCATION (AVL) AND FLEET MANAGEMENT
SYSTEM (FMS)
2.17.1 Contractor shall provide a complete AVL and FMS for the purpose
of monitoring street sweeping activities.
SERIAL # 260093-S
2.17.2 The AVL shall interface with an FMS provided by the contractor and
be accessible to authorized County staff with a login and password
via the internet on a secure website.
2.17.3 The AVL shall include the capability to initiate data broadcasting to
the secured website when brooms are activated or lowered to begin
sweeping. Data shall be able to broadcast in, at a minimum, but not
be limited to, 30 second intervals to the secured website for
monitoring.
2.17.4 In order for MCDOT to monitor the efficiency of the street sweeping
operation, the following information shall be provided by the AVL
and FMS:
2.17.4.1 PERFORMANCE: The AVL shall be able to determine
when the street sweeper is performing street sweeping
operations.
2.17.4.2 SPEED: The AVL shall be able to monitor the vehicle
speed during the street sweeping operation and report it
through the FMS. The speed shall be measured in one
mile per hour increments. The AVL shall be able to
measure speeds accurately from a minimum of three
miles per hour to a maximum of 25 miles per hour.
2.17.4.3 TRACKING: The AVL shall be able to track the street
sweeper’s location with an accuracy of within 50 feet or
less of the actual location. The FMS system shall show,
but not be limited to indicating, the following: vacuum on,
gutter or center brush down and working, and the location
of a single vehicle or all the vehicles. It is preferred that
the street sweeper’s location be displayed on a street
map window with user-controlled sizing and map
location viewing.
2.17.4.4 MANAGEMENT REPORTS: At a minimum, the FMS
system shall be able to provide daily management
reports on all the street sweepers, to include information
about routes cleaned and the time of day the routes were
cleaned, where and when the street sweeper is disposing
of debris, the name of the sweeper operator, and a vehicle
identifier for the street sweeping vehicle. In addition, the
AVL shall be able to generate a log type report of each
street sweeping occurrence, sweeping location (street
names, longitude and latitude), and duration, as well as
reporting how fast the street sweeper is traveling at all
times including any occurrence of the street sweeper
SERIAL # 260093-S
operating in excess of eight miles per hour while
performing a street sweeping operation. Reports shall be
accessible by the contractor and by County staff via the
secured website.
2.17.4.5 RELIABILITY: The AVL – FMS shall maintain a 95 percent
accuracy performance level.
2.17.4.6 COVERAGE: The AVL – FMS coverage area shall include
all of the County.
2.17.4.7 AVAILABILITY: All monitored functions shall be available
upon the request to MCDOT and the County Public Works
Geographic Information System (GIS) Division.
2.17.5 If no AVL – FMS record of a street sweeping occurrence is
produced, the County is not liable for payment for service to said
area/unit. In circumstances when GPS connection is lost, County
may accept alternate data to indicate services are being performed
as per this contract.
2.18
MEASUREMENT FOR PAYMENT
2.18.1 Regular Service Pricing
2.18.1.1 Service shall be priced by the total number of centerline
miles swept satisfactorily. The miles shall be calculated
to the nearest hundredth of a mile. Intersections shall not
be measured in both directions when routes cross.
2.18.1.2 Rural Low Volume Residential roads will be measured for
payment by the total number of miles swept
satisfactorily. Intersections shall not be measured in both
directions when routes cross.
2.18.2 Additional Service Pricing
2.18.2.1 Emergency Service: Cost for emergency service will be
based on an hourly fee. Call outs will be calculated by the
actual hours spent sweeping plus the shortest travel time
between the local facility to or from the work site. Travel
time longer than 30 minutes must be justified on the daily
report. The hours will be calculated to the nearest one-
half hour (30 minutes).
SERIAL # 260093-S
2.18.2.2 Special Event Sweeping: Cost shall be priced based on an
hourly fee. Cost shall be based on actual hours of
sweeping, not by center mile.
2.18.2.3 Residential Sweeping - Residential sweeping shall be in
accordance with professional street sweeping policies as
supported by NAPSA code of ethics.
2.19
PAYMENT FOR SERVICE
2.19.1 Regular Service
2.19.1.1 The contractor must electronically invoice the County on
a weekly basis for the amount of service actually
performed. The contractor invoices shall state the area
swept and the number of center line miles swept thereon.
2.19.1.2 If there are any deficiencies which were not corrected in
the specified time, or areas not completed due to adverse
weather, services for those areas shall be invoiced on the
billing cycle when services have been performed.
2.19.1.3 Contractor shall not be paid for sweeps that do not meet
schedule.
2.19.1.4 Invoices must be received by County representative no
later than each Tuesday at 11:00 a.m. MST for the
previous weeks sweeping.
2.19.2 Additional Service
The contractor must invoice the County on a weekly basis for all
additional service. The invoice must state the type service
(emergency or special sweep).
2.19.3 County will provide training for the contractor to help with County
provided software used for invoicing.
3.0
PURCHASING REQUIREMENTS
3.1
ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty
period shall begin. Successful service delivery shall be defined as a)
material(s)/equipment is installed (as necessary) and fully operational; and
b) the department has deemed all service/work completed, including but
not limited to any inspection, repair, installation, design, development,
SERIAL # 260093-S
deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.2
WARRANTY
3.2.1
All services furnished under this contract shall conform to the
requirements of this contract.
3.2.2
Service and/or Repair Warranty
3.2.2.1
The warranty shall cover all parts and labor for a period
of one year from formal acceptance by the County. Any
manufacturer warranty beyond one year shall be passed
on to the County.
3.2.2.2
Contractor shall indicate on the price sheet the duration
of the warranty and any applicable limitations or
conditions which may apply.
3.2.2.3
Contractor agrees that it will, at its own expense, provide
all labor and parts required to remove, repair or replace,
and reinstall any such defective workmanship and/or
materials which becomes or is found to be defective
during the term of this warranty. Contractor shall
guarantee the services to be supplied comply with all
applicable regulations.
3.3
USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating
the acquisition activity governed by the contract. The format of the report
shall be approved by the County and shall disclose the quantity and dollar
value of each contract item by individual unit.
3.4
BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass
multiple background checks (e.g. Sheriff’s Office, County Attorney's Office,
Courts, as well as County general government) to determine if the
respondent is acceptable to do business with the County. This applies to
(but is not limited to) the company, subcontractors, and employees.
SERIAL # 260093-S
3.5
INVOICES AND PAYMENTS
3.5.1
Contractor shall submit one legible copy of their detailed invoice
before payment(s) will be made. Incomplete invoices will not be
processed. At a minimum, the invoice must provide the following
information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity (unit pricing, rate, and total cost)
•
Contract item numbers (description of work/location)
•
Arrival time and completion time (if applicable)
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price (by line item)
•
GPS reports to substantiate services performed on all units
being invoiced
•
Drivers’ and field inspectors’ logs for areas where County
acknowledges GPS does not function
•
Total amount due
3.5.2
Problems regarding billing or invoicing shall be directed to the
department as listed on the purchase order.
3.5.3
Payment shall only be made to the contractor by Accounts Payable
through the Maricopa County Vendor Express Payment Program.
This is an Electronic Funds Transfer (EFT) process. After contract
award, the contractor shall complete the Vendor Registration Form
accessible through the County Department of Finance Vendor
Registration website at https://www.maricopa.gov/5169/Vendor-
Information).
3.5.4
Discounts offered in the contract shall be calculated based on the
date a properly completed invoice is received by the County.
3.5.5
EFT payments to the routing and account numbers designated by
the contractor shall include the details on the specific invoices that
the payment covers. Contractor is required to discuss remittance
delivery capabilities with their designated financial institution for
access to those details.
SERIAL # 260093-S
3.6
APPLICABLE TAXES
3.6.1
It is the responsibility of the contractor to determine any and all
applicable taxes and include those taxes in their proposal. The
legal liability to remit the tax is on the entity conducting business
in Arizona. Tax is not a determining factor in contract award.
3.6.2
The County will look at the price or offer submitted and will not
deduct, add, or alter pricing based on speculation or application of
any taxes, nor will the County provide contractor any advice or
guidance regarding taxes. If you have questions regarding your tax
liability, seek advice from a tax professional prior to submitting
your
bid.
You
may
also
find
information
at
www.azdor.gov/business. Once your bid is submitted, the offer is
valid for the time specified in this solicitation, regardless of
mistake or omission of tax liability. If the County finds over
payment of a project due to tax consideration that was not due, the
contractor will be liable to the County for that amount, and by
contracting with the County agrees to remit any overpayments
back to the County for miscalculations on taxes included in a bid
price.
3.6.3
Tax Indemnification: Contractor and all subcontractors shall pay
all Federal, state, and local taxes applicable to their operation and
any persons employed by the contractor. Contractor shall, and
require all subcontractors to, hold the County harmless from any
responsibility for taxes, damages, and interest, if applicable,
contributions required under Federal and/or state and local laws
and regulations, and any other costs including transaction privilege
taxes, unemployment compensation insurance, Social Security,
and Workers’ Compensation. Contractor may be required to
establish, to the satisfaction of County, that any and all fees and
taxes due to a municipality or the State of Arizona for any license
or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
3.6.4
No tax shall be invoiced or paid against contractor’s labor. It is the
responsibility of the contractor to determine any and all applicable
taxes and include the cost in the proposal price.
3.7
PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance
requirements. The County reserves the right to obtain services on the open
market in the event the contractor fails to perform, and any price differential
will be charged against the contractor.
SERIAL # 260093-S
3.8
POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the
department to discuss the terms and conditions of this contract. This
meeting will be coordinated by the procurement officer of the contract.
3.9
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE
includes the State of Arizona, many Phoenix metropolitan area
municipalities, and many K-12 unified school districts. Under the SAVE
Cooperative Purchasing Agreement, and with the concurrence of the
successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If
contractor does not want to grant such access to a member of SAVE, state
so in the bid. In the absence of a statement to the contrary, the County will
assume that contractor does wish to grant access to any contract that may
result from this bid. The County assumes no responsibility for any
purchases by using entities.
3.10 INTERGOVERNMENTAL
COOPERATIVE
PURCHASING
AGREEMENTS
(ICPAs)
County currently holds ICPAs with numerous governmental entities. These
agreements allow those entities, with the approval of the contractor, to
purchase their requirements under the terms and conditions of the County
contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its
applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this
contract if it meets their individual requirements. Other governmental
agencies may enter into a separate Statement of Work with the contractor
to meet their own requirements. The County is not a party to any uses of
this contract by other governmental entities.
4.0
CONTRACTUAL TERMS & CONDITIONS
4.1
CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing
contract to cover a term of two years.
4.2
OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor,
renew the term of this contract up to a maximum of four additional year(s),
(or at the County’s sole discretion, extend the contract on a month-to-month
SERIAL # 260093-S
basis for a maximum of six months after expiration). Contractor shall be
notified in writing by the Office of Procurement Services of the County’s
intention to renew the contract term at least 60 calendar days prior to the
expiration of the original contract term.
4.3
CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all
reasonable efforts for an orderly transition of its duties and responsibilities
to another provider and/or to the County. This may include, but is not limited
to, preparation of a transition plan and cooperation with the County or other
providers in the transition. The transition includes the transfer of all records
and other data in the possession, custody, or control of the contractor that
are required to be provided to the County either by the terms of this
agreement or as a matter of law. The provisions of this clause shall survive
the expiration or termination of this agreement.
4.4
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60
calendar days prior to the contract expiration. Requests for adjustment in
cost of labor and/or materials must be supported by appropriate
documentation. The reasonableness of the request will be determined by
comparing the request with the Consumer Price Index or by performing a
market survey. If County agrees to the adjusted price terms, County will
issue written approval of the change and provide an updated version of the
contract. The new change shall not be in effect until the date stipulated on
the updated version of the contract.
4.5
INDEMNIFICATION
To the fullest extent permitted by law, and to the extent that claims,
damages, losses, or expenses are not covered and paid by insurance
purchased by the contractor, the contractor shall defend, indemnify, and
hold harmless the County (as Owner), its agents, representatives, officers,
directors, officials, and employees from and against all claims, damages,
losses, and expenses (including, but not limited to attorneys' fees, court
costs, expert witness fees, and the costs and attorneys' fees for appellate
proceedings) arising out of, or alleged to have resulted from, the negligent
acts, errors, omissions, or mistakes of the contractor, a subcontractor,
anyone directly or indirectly employed by them, or anyone for whose acts
they may be liable relating to the performance of this contract.
4.5.1
Contractor's duty to defend, indemnify, and hold harmless the
County, its agents, representatives, officers, directors, officials, and
employees shall arise in connection with any claim, damage, loss,
or expense that is attributable to bodily injury, sickness, disease,
SERIAL # 260093-S
death, or injury to, impairment of, or destruction of tangible
property, including loss of use resulting therefrom, caused by
negligent acts, errors, omissions, or mistakes in the performance
of this contract, but only to the extent caused by the negligent acts
or omissions of the contractor, a subcontractor, anyone directly or
indirectly employed by them, or anyone for whose acts they may
be liable, regardless of whether or not such claim, damage, loss, or
expense is caused in part by a party indemnified hereunder.
4.5.2
The amount and type of insurance coverage requirements set forth
herein will in no way be construed as limiting the scope of the
indemnity in this section.
4.5.3
The scope of this indemnification does not extend to the sole
negligence of County.
4.6
INSURANCE
4.6.1
Contractor, at contractor’s own expense, shall purchase and
maintain, at a minimum, the herein stipulated insurance from a
company or companies duly licensed by the State of Arizona and
possessing an AM Best, Inc. category rating of B++. In lieu of State
of Arizona licensing, the stipulated insurance may be purchased
from a company or companies, which are authorized to do
business in the State of Arizona, provided that said insurance
companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
4.6.2
All insurance required herein shall be maintained in full force and
effect until all work or service required to be performed under the
terms of the contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this contract.
4.6.3
In the event that the insurance required is written on a claims-made
basis, contractor warrants that any retroactive date under the
policy shall precede the effective date of this contract and either
continuous coverage will be maintained, or an extended discovery
period will be exercised for a period of two years beginning at the
time work under this contract is completed.
4.6.4
Contractor’s insurance will be primary insurance as respects
County, and any insurance or self-insurance maintained by County
will not contribute to it.
SERIAL # 260093-S
4.6.5
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect the County’s right to coverage afforded under the
insurance policies.
4.6.6
The insurance policies may provide coverage that contains
deductibles or self-insured retentions. Such deductible and/or self-
insured retentions shall not be applicable with respect to the
coverage provided to County under such policies. Contractor shall
be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require contractor to
secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
4.6.7
The insurance policies required by this contract, except Workers’
Compensation and Errors and Omissions, shall name County, its
agents,
representatives,
officers,
directors,
officials,
and
employees as additional insureds.
4.6.8
The policies required hereunder, except Workers’ Compensation
and Errors and Omissions, shall contain a waiver of transfer of
rights of recovery (subrogation) against County, its agents,
representatives, officers, directors, officials, and employees for any
claims arising out of contractor’s work or service.
4.6.9
If available, the insurance policies required by this contract may be
combined with Commercial Umbrella Insurance policies to meet
the minimum limit requirements. If a Commercial Umbrella
insurance policy is utilized to meet insurance requirements, the
Certificate of Insurance shall indicate which lines the Commercial
Umbrella Insurance covers.
4.6.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance with a
limit of not less than $2,000,000 for each occurrence,
$4,000,000 Products/Completed Operations Aggregate,
and $4,000,000 General Aggregate Limit. The policy
shall include coverage for premises liability, bodily injury,
broad form property damage, personal injury, products
and completed operations and blanket contractual
coverage, and shall not contain any provisions which
would serve to limit third-party action over claims. There
shall be no endorsement or modifications of the CGL
limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
SERIAL # 260093-S
4.6.9.2
Automobile Liability
Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and
property damage of not less than $2,000,000 each
occurrence with respect to any of the contractor’s
owned, hired, and non-owned vehicles assigned to or
used in performance of the contractor’s work or services
or use or maintenance of the premises under this
contract.
4.6.9.3
Workers’ Compensation
4.6.9.3.1
Workers’ Compensation insurance to cover
obligations imposed by Federal and state
statutes having jurisdiction of contractor’s
employees engaged in the performance of
the work or services under this contract; and
Employer’s Liability insurance of not less
than
$1,000,000
for
each
accident,
$1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
4.6.9.3.2
Contractor, its subcontractors, and sub-
subcontractors waive all rights against this
contract and its agents, officers, directors,
and employees for recovery of damages to
the extent these damages are covered by
the Workers’ Compensation and Employer’s
Liability or Commercial Umbrella Liability
insurance
obtained
by
contractor,
its
subcontractors, and its sub-subcontractors
pursuant to this contract.
4.6.9.4
Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance
which will insure and provide coverage for errors or
omissions or professional liability of the contractor, with
limits of no less than $2,000,000 for each claim.
4.6.9.5
Certificates of Insurance
4.6.9.5.1
Prior to contract award, contractor shall
furnish the County with valid and complete
certificates
of
insurance,
or
formal
endorsements as required by the contract in
SERIAL # 260093-S
the form provided by the County, issued by
contractor’s insurer(s), as evidence that
policies providing the required coverage,
conditions, and limits required by this
contract are in full force and effect. Such
certificates shall identify this contract
number and title.
4.6.9.5.2
In the event any insurance policy(ies)
required by this contract is (are) written on a
claims-made basis, coverage shall extend
for
two
years
past
completion
and
acceptance of contractor’s work or services
and as evidenced by annual Certificates of
Insurance.
4.6.9.5.3
If a policy does expire during the life of the
contract, a renewal certificate must be sent
to County 15 calendar days prior to the
expiration date.
4.6.9.5.4
Certificates of Insurance shall identify
Maricopa County as the certificate holder as
follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
4.6.9.6
Cancellation and Expiration Notice
Applicable to all insurance policies required within the
insurance requirements of this contract, contractor’s
insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for
any reason without 30 calendar days prior written notice
to Maricopa County. Contractor must provide notice to
Maricopa County, within two business days of receipt, if
they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason,
has expired, or will be expiring. Such notice shall be sent
directly to Maricopa County Office of Procurement
Services and shall be mailed or hand delivered to 301 W.
Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to
the procurement officer noted in the solicitation.
SERIAL # 260093-S
4.7
FORCE MAJEURE
4.7.1
Neither party shall be liable for failure of performance, nor incur any
liability to the other party on account of any loss or damage
resulting from any delay or failure to perform all or any part of this
contract, if such delay or failure is caused by events, occurrences,
or causes beyond the reasonable control and without negligence
of the parties. Such events, occurrences, or causes include, but are
not limited to, acts of God/nature (including fire, flood, earthquake,
storm, hurricane, or other natural disaster), war, invasion, act of
foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped
power
or
confiscation,
terrorist
activities,
nationalization,
government sanction, lockout, blockage, embargo, labor dispute,
strike,
and
interruption
or
failure
of
electricity
or
telecommunication service, and pandemic.
4.7.2
Each party as applicable, shall give the other party notice of its
inability to perform and particulars in reasonable detail of the
cause of the inability. Each party must use best efforts to remedy
the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
4.7.3
The party asserting Force Majeure as a cause for non-performance
shall have the burden of proving that reasonable steps were taken
to minimize delay or damages caused by foreseeable events, that
all non-excused obligations were substantially fulfilled, and that the
other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other
prudent precautions could be contemplated.
4.8
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order
issued by a County department or directed by a Certified Agency
Procurement Aid (CAPA) with a purchase card for payment.
4.9
AVAILABILITY OF FUNDS
4.9.1
The provisions of this contract relating to payment shall become
effective when funds assigned for the purpose of compensating
the contractor as herein provided are actually available to County
for disbursement. The County will be the sole judge and authority
in determining the availability of funds under this contract. County
will keep the contractor fully informed as to the availability of
funds.
SERIAL # 260093-S
4.9.2
If any action is taken by any state agency, Federal department, or
any other agency or instrumentality to suspend, decrease, or
terminate its fiscal obligations under, or in connection with, this
contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event
of termination, County will be liable for payment only for services
rendered prior to the effective date of the termination, provided that
such services are performed in accordance with the provisions of
this contract. County will give written notice of the effective date of
any suspension, amendment, or termination under this section, at
least 10 days in advance.
4.10 PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card ( VISA or Mastercard) to make
payment for orders under this contract.
4.11 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will
be made. Orders will only be placed under this contract when the County
identifies a need and proper authorization and documentation have been
approved.
4.12 PURCHASE ORDERS
4.12.1 County reserves the right to cancel purchase orders within a
reasonable period of time after issuance. Should a purchase order
be canceled, the County agrees to reimburse the contractor for
actual and documentable costs incurred by the contractor in
response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, or for shipment of product prior to
issuance of purchase order.
4.12.2 Contractor agrees to accept verbal notification of cancellation of
purchase orders from the County with written notification to follow.
Contractor specifically acknowledges to be bound by this
cancellation policy.
4.13 SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend,
delay, or interrupt all or any part of the work of this contract for the period
of time that the procurement officer determines appropriate for the
convenience of the County. No adjustment shall be made under this clause
for any suspension, delay, or interruption to the extent that performance
SERIAL # 260093-S
would have been so suspended, delayed, or interrupted by any other cause,
including the fault or negligence of the contractor. No request for
adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the
date of final payment under the contract.
4.14 STOP WORK ORDER
4.14.1 The procurement officer may, at any time, by written order to the
contractor, require the contractor to stop all, or any part, of the work
called for by this contract for a period of 90 calendar days after the
order is delivered to the contractor, and for any further period to
which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon
receipt of the order, the contractor shall immediately comply with
its terms and take all reasonable steps to minimize the incurrence
of costs allocable to the work covered by the order during the
period of work stoppage. Within a period of 90 calendar days after
a stop work order is delivered to the contractor, or within any
extension of that period to which the parties shall have agreed, the
procurement officer shall either:
4.14.2 cancel the stop work order; or
4.14.3 terminate the work covered by the order as provided in the
Termination for Default or the Termination for Convenience clause
of this contract.
4.14.4 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the contractor demonstrates
that the stop work order resulted in an increase in costs to the
contractor.
4.15 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by
providing 60 calendar days advance notice to the contractor.
4.16 TERMINATION FOR DEFAULT
4.16.1 The County may, by written Notice of Default to the contractor,
terminate this contract in whole or in part if the contractor fails to:
4.16.1.1 deliver the supplies or to perform the services within the
time specified in this contract or any extension;
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4.16.1.2 make progress, so as to endanger performance of this
contract; or
4.16.1.3 perform any of the other provisions of this contract.
4.16.2 The County’s right to terminate this contract under these
subparagraphs may be exercised if the contractor does not cure
such failure within 10 business days (or more if authorized in
writing by the County) after receipt of a Notice to Cure from the
procurement officer specifying the failure.
4.17 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511,
the County may cancel any contract without penalty or further obligation
within three years after execution of the contract, if any person significantly
involved in initiating, negotiating, securing, drafting, or creating the contract
on behalf of the County is at any time, while the contract or any extension
of the contract is in effect, an employee or agent of any other party to the
contract in any capacity or consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to
A.R.S. § 38-511, the County may recoup any fee or commission paid or due
to any person significantly involved in initiating, negotiating, securing,
drafting, or creating the contract on behalf of the County from any other
party to the contract arising as the result of the contract.
4.18 OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset
from any money due to the contractor any amounts contractor owes to the
County for damages resulting from breach or deficiencies in performance
of the contract.
4.19 SUBCONTRACTING
4.19.1 Contractor may not assign to another contractor or subcontract to
another party for performance of the terms and conditions hereof
without the written consent of the County. All correspondence
authorizing subcontracting must reference the bid serial number
and identify the job or project.
4.19.2 The subcontractor’s rate for the job shall not exceed that of the
prime contractor’s rate, as bid in the pricing section, unless the
prime contractor is willing to absorb any higher rates. The
subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County,
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without mark-up. A copy of the subcontractor’s invoice must
accompany the prime contractor’s invoice.
4.20 AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by
both parties. Maricopa County Office of Procurement Services shall be
responsible for approving all amendments for Maricopa County.
4.21 ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract. If
additional services are required from a contract, prices for such additions
will be negotiated between the contractor and the County.
4.22 RIGHTS IN DATA
4.22.1 The County shall have the use of data and reports resulting from a
contract without additional cost or other restriction except as may
be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information
that is relevant to a contract and to the performance thereunder.
4.22.2 Data, records, reports, and all other information generated for the
County by a third party as the result of a contract are the property
of the County and shall be provided in a format designated by the
County or shall be and remain accessible to the County into
perpetuity.
4.23 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW
4.23.1 In accordance with section MC1-372 of the Maricopa County
Procurement Code, the contractor agrees to retain (physical or
digital copies of) all books, records, accounts, statements, reports,
files, and other records and back-up documentation relevant to this
contract for six years after final payment or until after the
resolution of any audit questions which could be more than six
years, whichever is latest. The County, Federal or state auditors
and any other persons duly authorized by the department shall
have full access to and the right to examine, copy, and make use
of, any and all said materials.
4.23.2 If the contractor’s books, records, accounts, statements, reports,
files, and other records and back-up documentation relevant to this
contract are not sufficient to support and document that requested
services were provided, the contractor shall reimburse Maricopa
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County for the services not so adequately supported and
documented.
4.24 AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment
has been made is a disallowed cost, the County shall notify the contractor
in writing of the disallowance. The course of action to address the
disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor
equal to the amount of the disallowance, or to require reimbursement
forthwith of the disallowed amount by the contractor by issuing a check
payable to Maricopa County.
4.25 STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with
the terms of the contract shall not be deemed to be a waiver of strict
compliance with respect to all other terms of the contract.
4.26 VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not
void or affect the validity of any other provision of the contract.
4.27 SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not
void or affect the validity of any other provision of this contract.
4.28 RELATIONSHIPS
4.28.1 In the performance of the services described herein, the contractor
shall act solely as an independent contractor, and nothing herein
or implied herein shall at any time be construed as to create the
relationship of employer and employee, co-employee, partnership,
principal and agent, or joint venture between the County and the
contractor.
4.28.2 The County reserves the right of final approval on proposed staff.
Also, upon request by the County, the contractor will be required to
remove any employees working on County projects and substitute
personnel based on the discretion of the County within two
business days, unless a different time period was previously
approved by the County.
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4.29 NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of
Arizona Executive Order 2009-09, including flow down of all provisions and
requirements to any subcontractors. Executive Order 2009-09 supersedes
Executive Order 99-4 and amends Executive Order 75-5 and is hereby
incorporated into this contract as if set forth in full herein. During the
performance of this contract, contractor shall not discriminate against any
employee, client, or any other individual in any way because of that person’s
age, race, creed, color, religion, sex, disability, or national origin.(Arizona
Executive
Order
2009-09
can
be
viewed
at
https://apps.azsos.gov/public_services/register/2009/46/governor.pdf)
4.30 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and
if this agreement has a value of $100,000 or more, vendor certifies it is not
currently engaged in, and agrees for the duration of this agreement to not
engage in, a boycott of goods or services from Israel. This certification does
not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued
pursuant to 50 U.S.C. § 4842.
4.31 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.31.1 The undersigned (authorized official signing on behalf of the
contractor) certifies to the best of his or her knowledge and belief
that the contractor, its current officers, and directors:
4.31.1.1 are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded
from being awarded any contract or grant by any United
States department or agency or any state, or local
jurisdiction;
4.31.1.2 have not within a three-year period preceding this
contract:
4.31.1.2.1 been convicted of fraud or any criminal
offense in connection with obtaining,
attempting to obtain, or as the result of
performing a government entity (Federal,
state, or local) transaction or contract;
4.31.1.2.2 been convicted of violation of any Federal or
state antitrust statutes or conviction for
embezzlement,
theft,
forgery,
bribery,
falsification or destruction of records,
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making false statements, or receiving stolen
property regarding a government entity
transaction or contract;
4.31.1.3 are not presently indicted or criminally charged by a
government entity (Federal, state, or local) with
commission of any criminal offenses in connection with
obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, state, or
local) transaction or contract;
4.31.1.4 are not presently facing any civil charges from any
governmental entity regarding obtaining, attempting to
obtain, or from performing any governmental entity
contract or other transaction; and
4.31.1.5 have not within a three-year period preceding this
contract had any public transaction (Federal, state, or
local) terminated for cause or default.
4.31.2 If any of the above circumstances described in the paragraph are
applicable to the entity submitting a bid for this requirement,
include with your bid an explanation of the matter including any
final resolution.
4.31.3 Contractor shall include, without modification, this clause in all
lower
tier
covered
transactions
(i.e.
transactions
with
subcontractors) and in all solicitations for lower tier covered
transactions related to this contract. If this clause is applicable to
a subcontractor, the contractor shall include the information
required by this clause with their bid.
4.32
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND
FEDERAL IMMIGRATION LAWS AND REGULATIONS
4.32.1 By entering into the contract, the contractor warrants compliance
with the Immigration and Nationality Act (INA using E-Verify) and
all other Federal immigration laws and regulations related to the
immigration status of its employees and A.R.S. § 23-214(A).
Contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain
in effect through the term of the contract. Contractor and its
subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the Immigration Reform and
Control Act of 1986, as amended from time to time, for all
employees performing work under the contract and verify
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employee compliance using the E-Verify system and shall keep a
record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms
are available for download at www.uscis.gov.
4.32.2 The County retains the legal right to inspect documents of
contractor and subcontractor employees performing work under
this contract to verify compliance with paragraph 4.32.1 of this
section. Contractor and subcontractor shall be given reasonable
notice of the County’s intent to inspect and shall make the
documents available at the time and date specified. Should the
County suspect or find that the contractor or any of its
subcontractors are not in compliance, the County will consider this
a material breach of the contract and may pursue any and all
remedies allowed by law, including, but not limited to: suspension of
work, termination of the contract for default, and suspension and/or
debarment of the contractor. All costs necessary to verify
compliance are the responsibility of the contractor
4.33 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT
TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
4.33.1 The parties agree that this contract and employees working on this
contract will be subject to the contractor employee whistleblower
protections established by Title 41 U.S.C. § 4712 and Section 3.908
of the Federal Acquisition Regulation.
4.33.2 Contractor shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and
protections under 41 U.S.C. § 4712, as described in Section 3.908
of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by contractor and copies
provided to County upon request.
4.33.3 Contractor shall insert the substance of this clause, including this
paragraph, in all subcontracts over the simplified acquisition
threshold ($250,000 as of Fiscal Year 2018).
4.34 CONTRACTOR LICENSE REQUIREMENT
4.34.1 Contractor shall procure all permits, insurance, and licenses, and
pay the charges and fees necessary and incidental to the lawful
conduct of his/her business, and as necessary complete any
requirements, by any and all governmental or non-governmental
entities as mandated to maintain compliance with and remain in
good standing. Contractor shall keep fully informed of existing and
future trade or industry requirements, and Federal, state, and local
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laws, ordinances, and regulations which in any manner affect the
fulfillment of a contract and shall comply with the same.
Contractor shall immediately notify both the Office of Procurement
Services and the department of any and all changes concerning
permits, insurance, or licenses.
4.34.2 Contractor furnishing finished products, materials, or articles of
merchandise that will require installation or attachment as part of
the contract shall possess any licenses required. Contractor is not
relieved of its obligation to obtain and possess the required
licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of
Contractors,
Chief
of
Licensing,
to
ascertain
licensing
requirements for a particular contract. Contractor shall identify
which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.35 INFLUENCE
4.35.1 As prescribed in MC1-1203 of the Maricopa County Procurement
Code, any effort to influence an employee or agent to breach the
Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for disbarment or suspension under MC1-902.
4.35.2 An attempt to influence includes, but is not limited to:
4.35.2.1 A person offering or providing a gratuity, gift, tip, present,
donation, money, entertainment or educational passes
or tickets, or any type of valuable contribution or subsidy
that is offered or given with the intent to influence a
decision, obtain a contract, garner favorable treatment,
or gain favorable consideration of any kind.
4.35.3 If a person attempts to influence any employee or agent of
Maricopa County, the chief procurement officer, or his designee,
reserves the right to seek any remedy provided by the Maricopa
County Procurement Code, any remedy in equity or in the law, or
any remedy provided by this contract.
4.36 CONFIDENTIALITY
In the course of the solicitation process, the County may disclose
information that is proprietary or confidential. By submitting a bid to the
solicitation, the offeror agrees that, except as necessary to prepare a
response to this solicitation, neither it nor its agents or employees will
communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of
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these discussions without the express written authorization of the County.
If the offeror does disclose County proprietary or confidential information
to a third-party in preparing a response to this solicitation, it shall require
the third-party to acknowledge and comply with this provision.
4.37 CONFIDENTIAL INFORMATION
4.37.1 Any information obtained in the course of performing this contract
may include information that is proprietary or confidential to the
County. This provision establishes the contractor’s obligation
regarding such information.
4.37.2 Contractor shall establish and maintain procedures and controls
that are adequate to assure that no information contained in its
records and/or obtained from the County or from others in carrying
out its functions (services) under the contract shall be used by or
disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract.
Contractor’s procedures and controls, at a minimum, must be the
same procedures and controls it uses to protect its own proprietary
or confidential information. If, at any time during the duration of the
contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new
and/or additional measures requested by the County within 15
business days of the written request to do so.
4.37.3 Any requests to the contractor for County proprietary or
confidential information shall be referred to the County for review
and approval, prior to any dissemination.
4.38 PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and
must be retained by the records manager at the Maricopa County Office of
Procurement Services. Offers shall be open to public inspection and
copying after contract award and execution, except for such offers or
sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes
that information in its offer or any resulting contract should not be released
in response to a public record request, under Arizona law, the offeror shall
indicate the specific information deemed confidential or proprietary and
submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the
Office of Procurement Services shall determine whether the identified
information is confidential pursuant to the Maricopa County Procurement
Code.
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4.39 INTEGRATION
This contract represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, proposals, communications,
understandings, representations, or agreements, whether oral or written,
expressed, or implied.
4.40 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all
applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200
et seq.
4.41 GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue
for any actions or lawsuits involving this contract will be in Maricopa County
Superior Court, Phoenix, Arizona.
4.42 FORCED LABOR
4.42.1 By submitting a bid for this solicitation and/or entering into a
contract as a result of this solicitation, contractor agrees to comply
with all applicable portions of Arizona Revised Statutes Section 35-
394. Contracting; procurement; prohibition; written certification;
remedy; termination; exception; definitions.
4.42.2 Contractor certifies that it does not currently, and agrees for the
duration of the contract, that it will not use:
4.42.2.1 The forced labor of ethnic Uyghurs in the People’s
Republic of China.
4.42.2.2 Any goods or services produced by the forced labor of
ethnic Uyghurs in the People’s Republic of China.
4.42.2.3 Any contractors, subcontractors or suppliers that use
the forced labor or any good or services produced by the
forced labor of ethnic Uyghurs in the People’s Republic
of China.
4.42.3 If contractor becomes aware during the term of the agreement that
contractor is not in compliance with this paragraph, the contractor
shall notify the County within five business days after becoming
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aware of the noncompliance. If the contractor fails to provide a
written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its
noncompliance, then the agreement terminates, except that if the
agreement termination date occurs before the end the 180 day
period, the agreement terminates on the agreement termination
date.
4.43 UNIQUE
ENTITY
IDENTIFIER
(UEI)
AND
SYSTEM
FOR
AWARD
MANAGEMENT REGISTRATION
All
contractors
must
have
a
UEI
number
through
https://sam.gov/content/entity-registration. Contractor must also maintain
current information and active registration with the System for Award
Management (www.sam.gov) throughout the term of the contract.
4.44 RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs
incurred, shall not include any expense for any religious activity.
4.45 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County
or the contractor under the agreement shall be used in the performance of
this agreement for any partisan political activity, or to further the election or
defeat of any candidate for public office.
4.46 EQUAL EMPLOYMENT OPPORTUNITY
4.46.1 The contractor shall not discriminate against any employee or
applicant for employment because of race, age, disability, color,
religion, sex, or national origin. The contractor shall take
affirmative action to ensure applicants are employed and that
employees are treated during employment without regard to their
race, age, disability, color, religion, sex, or national origin. Such
action shall include but is not limited to the following: employment,
upgrading, demotion or transfer, recruitment, or recruitment
advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
4.46.2 Contractor shall comply with the following provisions:
4.46.2.1 Title VI and VII of the Civil Rights Act of 1964, as
amended (42 U.S.C. §§ 2000a, et seq.);
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4.46.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C.
§§ 701, et seq.);
4.46.2.3 The Age Discrimination in Employment Act of 1967, as
amended (29U.S.C. §§ 621, et seq.);
4.46.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C.
§§ 12101, et seq.); and Arizona Executive Order 2009-09,
as amended, et seq. which mandates that all persons
shall have equal access to employment opportunities.
4.46.2.5 Contractor understands that the United States has the
right to seek judicial enforcement of this assurance.
4.47 CERTIFICATION REGARDING LOBBYING
4.47.1 Contractor certifies, to the best of their knowledge and belief, that:
4.47.1.1 No federal appropriated funds have been paid or will be
paid, by or on behalf of the contractor, to any person for
influencing or attempting to influence an officer or
employee of any agency. This applies to a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any
federal grant. Including the making of any federal, loan
the entering into of any cooperative agreement, and the
extension,
continuation,
renewal,
amendment,
or
modification of any federal contract, grant, loan, or
cooperative agreement.
4.47.2 If any funds other than federal appropriated funds, have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
4.47.3 Contractor shall include Lobbying Certification language in the
award documents for all subcontractors (including sub-grants, and
contract under grants, loans, and cooperative agreements) and
that all sub-recipients shall certify and disclose accordingly.
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4.47.3.1 The Lobbying Certification is a material representation
of fact upon which reliance was placed when this
transaction is made or entered into. Submission of this
certification is prerequisite for making or entering into
this transaction imposed by section 1352, Title 31, U.S.
Code. Any successful proposer(s) who fail to file the
required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00
for each such failure.
4.48 CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR
part 15).
4.49 ENERGY POLICY AND CONSERVATION ACT
Contractor must comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C.
7606), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order
11738, and Environmental Protection Agency regulations.
4.50 CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa
County Procurement Code, MCI-906.
4.51 COMPLIANCE WITH WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG)
Contractor agrees and warrants that all of its web content services and
products and all of its mobile apps services and products, covered under
this contract, and in all languages provided, comply with Level A and Level
AA success criteria and conformance requirements specified in the Web
Content Accessibility Guidelines (WCAG) 2.1(AA) or will be modified to be
compliant prior to delivery or installation to County. Contractor further
agrees and warrants that all web content services and products and all
mobile apps services and products, in all languages provided, shall remain
in full compliance with the above WCAG success criteria and conformance
requirements during the term of the contract. Contractor agrees to
immediately notify County in the event it becomes aware that any web
content services and products or any mobile apps services and products
provided under this Contract become non-compliant with the above WCAG
success criteria and conformance requirements, if applicable. In such an
event, Contractor agrees it will work to remediate any identified compliance
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deficiencies and will notify County concerning the estimated remediation
completion date. Upon request, Contractor shall provide County with
documentation, including but not limited to a third-party assessment
certificate, substantiating compliance of the services or products with the
above WCAG success criteria and conformance requirements and any
other applicable governmental regulations regarding accessibility. Non-
compliance with the above WCAG success criteria and conformance
requirements will be deemed a material breach of the contract and the
County may immediately terminate the contract or impose other legal
remedies at the County’s discretion, including suspension of services
and/or products. The County reserves the right to audit Contractor’s
compliance with the above WCAG success criteria and conformance
requirements. The Contractor will indemnify, defend, and hold harmless the
County against any third-party claims arising from the Contractor’s non-
compliance with the above WCAG success criteria and conformance
requirements.