210145-CONTRACT.DOCX

Maricopa County — Formal (2021-02-24)

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SERIAL 210145-S AVAYA ENTERPRISE COMMUNICATIONS SYSTEM SUSTAINMENT
DATE OF LAST REVISION: February 24, 2021 CONTRACT END DATE: February 29, 2024
CONTRACT PERIOD THROUGH FEBRUARY 29, 2024
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for AVAYA ENTERPRISE COMMUNICATIONS SYSTEM SUSTAINMENT
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 February 24, 2021
(Eff. 03/01/21).
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.
BW/mm
Attach
Copy to: Office of Procurement Services
Chuck Mayper, MCSO
(Please remove Serial 14103-S from your contract notebooks)

SERIAL 210145-S
INTEGRATION PARTNERS, 12 HARTWELL AVENUE, LEXINGTON, MA 02421
COMPANY NAME: Integration Partners Corp
DOING BUSINESS AS (dba): Integration Partners Corp
MAILING ADDRESS:
REMIT TO ADDRESS: 12 Hartwell Ave, Lexington, MA, 02421
TELEPHONE NUMBER: 781-357-8100
FAX NUMBER: 781-357-8500
WWW ADDRESS: www.integrationpartners.com
REPRESENTATIVE NAME: Jeff Morgan
REPRESENTATIVE TELEPHONE NUMBER: 330-256-2702
REPRESENTATIVE EMAIL ADDRESS jmorgan@integrationpartners.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
Title Unit Price Qty UofM Bidder Notes
We also uploaded a quote that provides detailed
pricing. I have also attached multiple supporting
documents including a support proposal that
Annual Maintenance flat includes all attachments and diagrams that could
Agreement $479,578.72 1 rate not be entered in attachment E.
Our proposal includes the onsite tech costs. I have
entered our normal hourly rate for an onsite tech.
Straight time Over Time Double Time &#40
Sundays or Holidays &#41
Voice: Basic Labor $125 $187.50 $250
Voice: System Design Specialist $125 $187.50
$250
Voice: Advanced Engineer $165 $247.50 $330
Data: Basic Labor $185 $185 $185
Data: Advanced Engineer $225 $225 $225
MSFT UC: Technical Consultant $225 $275 $275
MSFT UC: Senior Technical Consultant $250 $300
$300
MSFT UC: Master Technical Consultant $275
$325 $325
Project Manager $150 $150 $150
Labor Installation Rate $125.00 1 hour Third Party Project Management $150 $150 $150
Because discounts vary on products, we cannot
provide one discount that covers everything. We
will work with your team to provide the best
New Equipment Pricing 0.00% 1 each discounts to meet your budget requirements.
The admin training costs can vary based on the
content. We have provided a budgetary cost that
Training $200.00 1 hour will cover most onsite training classes.

SERIAL 210145-S

SERIAL 210145-S
INTEGRATION PARTNERS
Discount off List to
Avaya Product Codes Description
MCSO
1P, 2P, 3P, 8P and 9P Avaya Hardware, Phones, Voice licenses 47%
4P and 5P Avaya Phone accessories and applications 35%
6P Misc. 38%
Video solutions, 3rd party products and
7P, 1S 25.50%
maintenance
2S Services 7.70%
3S Misc. Services 19%
5S, 6S, 1C and 1J Maintenance 31%
7S and 1N Maintenance on 3rd party products 20%
8S and 9S Maintenance on 3rd party products 12.50%
1N Maintenance on 3rd party products 17%
PRICING SHEET: NIGP CODE 91579
Terms: NET 30
Vendor Number: VS0000005598
Certificates of Insurance Required
Contract Period: To cover the period ending February 29, 2024.

SERIAL 210145-S
AVAYA ENTERPRISE COMMUNICATIONS SYSTEM SUSTAINMENT
1.0 INTENT
1.1 It is the intent of the Maricopa County Sheriff’s Office (MCSO) to contract a qualified
contractor to provide maintenance support, including all necessary services, qualified
personnel, tools, equipment, transportation, and facilities not otherwise provided by MCSO
and the Maricopa County Telecommunications Technology Division (TTD), to successfully
maintain the operation and performance levels of the MCSO-owned Avaya Enterprise
Communications Systems (ECS). The Avaya ECS is comprised of several telephone
service switching nodes, an Interactive Voice Response (IVR) capability hosted on two
Avaya IR server platforms, a large Avaya Aura Messaging (AAM) voice messaging
system, as well as several critical Avaya adjunct systems integrated with the Avaya ECS,
that together provide quality landline voice telecommunications service and access for
MCSO into the public switched network. The purpose of this bid is to obtain a maintenance
support contract for the existing large and critical Avaya ECS and adjunct systems for
continuous telecommunications service to support the MCSO law enforcement and
detention operations 24 hours a day, 7 days a week.
1.2 The County intends to award a three-year contract (with the option to renew for a term up
to three additional years) to the lowest bid, most responsible, responsive contractor whose
response meets or exceeds the County’s requirements. The bid includes descriptions of
specific functionality of the equipment and services that are required; however, vendors
may propose advanced technologies and different services as long as they meet or exceed
the requirements set forth in the bid. Responses must clearly explain how any alternatives
meet or exceed the bid requirements and how the alternatives will achieve the same goals
and results.
1.3 It is the objective of MCSO to have platforms that provide high availability and resilience.
Therefore, contractors shall describe how they would propose migrating the existing
premise-based communications system to a hosted (cloud) solution that is consistent with
current technology for large multi-location voice switching platforms. Contractor’s response
shall address the economic and operational factors associated with this architecture.
Contractor shall present a project scope, additional costs, if any, and a timeline for the
implementation of this option. Further, MCSO requires that a conversion to a hosted
solution be done on a site-by-site basis with as little downtime as possible. Contractor shall
also describe what station equipment and Extreme network equipment can be re-used.
Additionally, contractor shall present additional information regarding fault-tolerance
(Disaster Recovery) capability of this option. See Attachment E - Questionnaire for more
information.
1.4 A successful transition from the current maintenance contract ending on December 31,
2020 (subject to change) to a contractor awarded this contract beginning on January 1,
2021 (subject to change) is critical. Therefore, it is imperative that the awarded contractor
participate in an intense orientation period, as well as a series of joint workshops, in the
first 40 days of the contract following award to define the MCSO TTD processes and to plot
a common roadmap to achieve all of the contract required performance objectives. The
contractor shall conduct an inventory of all the deployed Avaya ECS and Avaya adjunct
systems. The contractor’s designated project manager (PM) shall begin on-site operations
within 30 days of award of contract to provide input and other contributions in mutually
defining and agreeing to the processes needed in order to fully achieve the defined levels
of telecommunications system maintenance support for MCSO for the term of the contract.
1.5 Other governmental entities under agreement with Maricopa County (County) may have
access to services provided hereunder (see also Sections 3.19 and 3.20 below).

SERIAL 210145-S
1.6 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.
2.0 SPECIFICATIONS
2.1 CURRENT AVAYA ENTERPRISE COMMUNICATIONS SYSTEM
2.1.1 Avaya ECS: Two S8710s running CM 3.1.2 version software on two fully redundant
switches; and two S8710s running software version CM 6.3.1, Session Manager
6.3, and System Manager 6.3, supporting MCSO voice applications.
2.1.2 Call Accounting System* (CAS) Metropolis Office Watch Ultra Green version
2014.05.05:
2.1.3 Metropolis brand call accounting system, where each and every call’s call detail,
to include each and every station to station call on the ECS, is captured and
logged. Also, inbound and outbound local and long-distance calls will similarly
have call records captured and logged.
2.1.4 Avaya Aura Messaging (AM) Avaya version 6.3:
2.1.5 Supporting MCSO voice processing applications, including voicemail locally and
remotely (off site) for station users.
2.1.6 Call Management System (CMS) and Voice Announcement over LAN (VAL)
Boards:
2.1.7 Call Management system software operates at two S8710 sites providing call
center functionality to the MCSO TTD Avaya ECS with 200 licenses on hand for
MCSO users. It also uses an Avaya brand recording capability that exists to assure
a very high availability of announcements and to provide great flexibility in creating
and changing announcements during special events.
2.1.8 E911 System: Redsky* brand E911 software, version 3.0., and Intrado (formally
West) application allow Avaya ECS users, when they dial 911 or 9911, to provide
the Public Service Answering Point (PSAP), through Century Link, precise street
address and building location information so that emergency response assets are
sent to the location where help is needed.
2.1.9 Extreme XOS Network* version 22.7.1.2: Extreme Network: MCSO TTD has
installed, operates, and maintains a five-node dedicated wide area network to
support MCSO office-wide Avaya ECS voice operations. All five S8710 nodes
remote and collocate with the Avaya IR enabled IVR capability at the MCSO Data
Center.
2.1.10 Installed hardware includes: 27 - x450G@ - 48 port Avaya Experience Portal IR.
Currently, two (Lab and Production) Avaya Experience Portal IR platforms release
7.0 (AAEP) and IR release 1.2.1. The AVYAA Production environment is (128)
SIP SM trunks connected AAEP to existing Session Manager, and 6 MM710
T1/PRI connected to existing G450’s.
2.1.11 Avaya Administrative Software/Hardware: Avaya ECS and Avaya Adjunct system
administration is enabled by the use of management software for all the deployed
connected systems that comprise the telephony infrastructure, including the Avaya
ECS components and the Avaya adjunct systems.

SERIAL 210145-S
2.1.12 G700 S8300 Local Survivable Processor (LSP) and G350 S8300 LSP Remotes:
MCSO TTD has installed 16 remotes throughout the Sheriff’s Office equipped with
local Survivable Processor Capabilities. The G700 sites each serve 50 or more
users with digital telephone service and have 2 T1 circuits that link a G700 remote
location into the MCSO Avaya ECS. The G350 sites each serve fewer than 50
users with digital telephone service and have one T1 circuit that link a G700 remote
location into the MCSO Avaya ECS.
2.1.13 Exchange Server*: MCSO has deployed and used an Exchange Server to receive
and retransmit alarms to MCSO TTD system maintainer.
2.1.14 Uninterrupted Power Supply (UPS): Each Avaya ECS node, except the MCSO
Data Center, has installed an Avaya/PowerWare brand UPS battery backup
system to keep key Avaya ECS elements working in the event of a commercial
power interruption.
2.1.15 Network Accessible Storage* (NAS) allows for backup of critical data and
applications. One site is at the MCSO Data Center and the other site is located at
Lower Buckeye Jail. All systems software and data updates shall be backed up
routinely by the contractor. The interval of backups must be coordinated with and
approved by MCSO TTD.
*Avaya adjunct system
2.2 HARDWARE SUPPORT AND UPGRADES
2.2.1 EQUIPMENT SET TYPES
2.2.1.1 The contractor shall create a Manufactured Discontinued (MD) plan for
all the types of phones currently in use by MCSO. The contractor shall
list all phones that are Manufactured Discontinued (MD) and no longer
supported by Avaya.
2.2.1.2 The contractor shall insure that the current MCSO inventory of Avaya
digital phones/ancillary devices shall be functionally supported by the
contractor on the MCSO TTD Avaya ECS.
2.2.1.3 The current set support types include: 2420, 2500, 6408D+, 6416D+,
6424D+, 8410B, 8410D, 8434D, 4620SWIP, 4630BIP, 9640IP, SIP
96XX, XM22, XM24, and EU24.
2.2.2 PREVENTIVE/ROUTINE MAINTENANCE
2.2.2.1 Contractor shall provide continuous and necessary preventive/routine
maintenance to the Avaya ECS and the Avaya adjunct systems owned
by MCSO TTD as required by the Office of Emergency Management
(OEM).
2.2.2.2 Contractor shall maintain the system such that the OEM standards for
reliability, including those that are higher because of redundancies
installed in key components, are met or exceeded.
2.2.2.3 Contractor shall maintain the existing voice messaging system to allow
for the transmission of messages at any time, even when minor
upgrades or trouble restoral actions are being accomplished by the
contractor.
2.2.2.4 Contractor shall maintain all switching, transmission, and ancillary
services, in operation and in a good state of repair, consistent with
specifications as furnished by the OEM, in order to meet the availability,

SERIAL 210145-S
reliability, and performance requirements, as specified in this contract.
The contractor shall collect, evaluate, and maintain system data, plan
and implement approved system upgrades, and establish the criteria,
parameters, processes, and procedures required to provide quality
services.
2.2.2.5 Contractor shall provide continuous and necessary patch management,
shall review each PCN from Avaya, and shall recommend, after study,
to MCSO TTD what patches should be applied to the Avaya ECS and
the Avaya adjunct systems to optimize operations and minimize risk.
2.2.2.5.1 Firmware shall be kept current by the contactor.
2.2.2.5.2 Reboots shall be performed by the contractor for the
components of the Avaya ECS and Avaya Adjuncts at a
time approved by MCSO TDD.
2.2.3 WIRING STANDARDS
2.2.3.1 All cable and wire installed by the contractor shall be in accordance with
the MCSO TTD current wiring standard. All standards shall be in
accordance with Building Industry Consulting Service International
(BICSI) requirements. All cable and wire installed by the contractor shall
be in accordance with National Electrical Code, the National Fire
Protection Association, and all local regulations governing such
installations (e.g. Plenum Rated cable wire in air plenum return ceilings).
2.2.3.2 The contractor shall also be responsible for adhering to building specific
guidelines concerning the installation of wiring.
2.2.4 EXISTING WIRING
MCSO owns all Riser, Distribution, and Station cable within the MCSO facilities.
This cable will be made available to the contractor. If contractor installs any wiring,
title to wiring shall pass to Maricopa County.
2.2.5 NEW/REPLACEMENT EQUIPMENT
2.2.5.1 EQUIVALENTS ACCEPTABLE
2.2.5.1.1 Unless MCSO TTD otherwise certifies as an approved
equivalent, all customer premises equipment shall be new.
Where proprietary equipment hardware specifications are
used, the proprietary characteristics are used only to denote
the quality and operational standard for the brand, make, or
manufacturer. They are used to set forth and convey to
prospective responders the general style, operation, type,
character, and quality of equipment desired.
2.2.5.1.2 Approval may require MCSO TTD to see and test an
example of a requested equivalent.
2.2.5.2 EQUIPMENT ACCEPTABILITY
Where repair functions require replacement of equipment and software,
only new models, which will be available on the date the response to
the repair request is submitted, will be considered acceptable.

SERIAL 210145-S
2.3 SOFTWARE SUPPORT AND UPGRADES
2.3.1 MCSO TTD subscribes to a concept of keeping software up to date to minimize
outages and cause the least amount of disruption to MCSO customers.
2.3.2 MCSO TTD WITNESSING
MCSO TTD shall have the right to witness all tests. Contractor shall notify the
MCSO TTD at least five working days prior to the starting of all factory, subsystem,
and system level testing. The MCSO TTD shall have the right to request all test
reports and to conduct a review of all testing.
2.3.3 UPGRADE NOTIFICATION PLAN
2.3.3.1 The contractor shall, through the normal course of maintaining the
Avaya ECS and Avaya adjunct systems and associated equipment,
provide recommendations for OEM system and software upgrades. The
contractor shall furnish full documentation of all changes and/or
modifications to the system provided to meet the MCSO requirements.
In the case of new software level releases, the MCSO TTD may elect to
accept the later versions of the software. Any reprogramming of
additional equipment required to accommodate such later version will
be at MCSO TTD expense. The existing software shall be maintained to
conform to and perform in accordance with the OEM functional
descriptions and data requirements. The contractor shall furnish the
most current version of user manuals and publications for all system and
software upgrades provided under this contract.
2.3.3.2 Contractor shall define a specific written Method of Procedure (MOP) for
any software upgrade, to include the following:
2.3.3.2.1 Preconditions to be met prior to the installation
2.3.3.2.2 Explanations of outages, if any, with length predicted
2.3.3.2.3 Resources required including material, technicians, and
time
2.3.3.2.4 Descriptions of the steps or actions that must take place for
the work to be done.
2.3.3.2.5 An owner of each step or action
2.3.3.2.6 A plan to revert to the prior condition, if necessary, in the
event the installation goes askew at a decision point, before
an upgrade or new installation.
2.3.4 MAINTENANCE (SOFTWARE RELEASE MANAGEMENT (SRM) OR
EQUIVALENT)
2.3.4.1 Contractor shall provide support to sustain all Avaya ECS and Avaya
adjunct systems software and for complete maintenance support for all
Avaya ECS and Avaya adjunct systems hardware except for station
equipment.
2.3.4.2 Contractor shall manage the application of all patches and firmware
updates and reboot all Avaya ECS and Avaya adjunct systems
equipment as recommended by the OEM.

SERIAL 210145-S
2.3.4.3 Contractor shall immediately provide notice to advise, in writing, MCSO
TTD on the end-of-manufacturing and on the end-of-service dates for
any component item or software, as soon as known, for the MCSO
owned Avaya ECS and Avaya adjunct systems.
2.3.5 UPGRADES, EXPANSIONS AND NEW CAPABILITIES DEPLOYMENTS
2.3.5.1 During the contract period, MCSO will open and close facilities, as well
as expand and shrink other facilities. In addition, staffing levels at current
facilities will fluctuate. MCSO may terminate a service in accordance
with the termination for default provisions set forth herein.
2.3.5.2 The contractor shall provide a methodology, including project
management, to allow successful on-time and on-budget upgrades,
expansions, and new capabilities deployments to the Avaya ECS and
Avaya adjunct systems.
2.3.6 TIME SYNCHRONIZATION
The contractor shall keep all Avaya ECS and Avaya adjunct systems on precise
time as provided by a designated MCSO time server.
2.4 CUSTOMER SUPPORT
2.4.1 CUSTOMER SERVICE CENTER
The contractor shall provide a single, toll free, Customer Service Center as well
as secured web access for maintenance requests (trouble reports) 24 hours per
day, seven days a week for MCSO TTD staff. The contractor shall guarantee that
sufficient contractor staff and equipment are available and functioning to
accommodate uninterrupted receipt of maintenance requests.
2.4.2 FEATURES AND REQUIREMENTS
2.4.2.1 The contractor shall maintain all applicable software and hardware
required to support all features, services, and capabilities, for the Avaya
ECS, Avaya IR, Avaya AM and Avaya adjunct systems that are allowed
by the current system configuration and are contained in the original
equipment manufacturer (OEM) standards and practices.
2.4.2.2 The contractor shall support all features that are supported by Avaya for
any new products that are introduced into any system, and do not violate
any existing warranties and guarantees.
2.4.2.3 The contractor shall maintain Avaya ECS hardware/software and Avaya
adjunct systems hardware/software to ensure that all hardware,
software, ancillary devices, and activated features and services are
performing in accordance with OEM standards and also in accordance
with the performance objectives identified by the contractor in their
Quality Maintenance Support Plan.
2.4.3 UNINTERRUPTED POWER SUPPLY (UPS)
2.4.3.1 The contractor shall install network connections to all UPS SNMP ports
to capture information to provide data input and to e-notify applications
hosted at MCSO TTD to monitor and manage all the PowerWare brand
UPS deployed equipment supporting the Avaya ECS operation.

SERIAL 210145-S
2.4.3.2 Within the first sixty (60) days of this contract the contractor shall
establish PowerWare temperature and humidity sensors at each Avaya
ECS site and integrate the reporting of these temperature and humidity
readings into the e-notify management system. The contractor will be
responsible for adding, maintaining, or upgrading these sensors as
necessary to maintain functionality.
2.4.4 AVAYA TIER 1, 2, 3, and 4
The contractor shall provide, on a continuous basis, Tier 1, 2, 3, and 4 services.
Non- AVAYA responders shall contract with AVAYA directly for provision of these
services and will be considered the primary contact with Avaya for this contract.
Contractor shall provide, at the time of award, proof of a business relationship with
Avaya’s Tier 1, 2, 3, and 4 services.
2.4.5 SPECIAL HANDLING / NOTIFICATION INSTRUCTIONS
Within 60 days of the start of this contract, the contractor shall review and edit with
MCSO TTD representatives the special handling/notifications instructions at all
Tier 1, 2, 3 and 4 help desks to optimize the support relationship of the contractor
and to ensure all outage/restoral and troubleshooting actions are as expedited,
efficient, and effective as possible
2.4.6 WORK MANAGEMENT
2.4.6.1 Contractor shall provide and use a trouble ticket/management support
system to track MCSO Avaya ECS and Avaya adjunct systems
problems and their resolution actions and shall allow MCSO TTD staff
to access the system remotely throughout the contract.
2.4.6.2 Contractor shall archive MCSO TTD data and trouble tickets for a
minimum of one year.
2.4.6.3 Contractor shall not close any trouble ticket initiated by MCSO without
concurrence of the closure action by a MCSO TTD staff member.
2.4.7 OUTAGES AND SERVICE INTERRUPTIONS
2.4.7.1 Outages and service interruptions are defined as follows (response times
are given for Metro-Phoenix and during business hours. Times for
outside Metro Phoenix or after-hours response are outlined in the table
in Section 2.4.16.4 and 2.4.16.5):
2.4.7.1.1 Critical Outage/Service Interruptions: The interruption of
telephone service at any entire site or at any jail site for 50
percent of the subscribers in any inmate area at any jail and
Interactive Voice Response (IVR) that lasts more than 30
minutes, or when there is loss of functionality of any IVR
application. Contractor shall begin diagnostics within 10
minutes from time of outage/interruption and contractor
personnel shall be on site within one hour. Escalation to Tier
2 shall occur if outage/interruption has not been resolved in
two hours, to Tier 3 in three hours and Tier 4 in four hours.
2.4.7.1.2 Major Outage/Service Interruptions: The interruption of
telephone service for 50 percent of the users or more at an
Avaya S8700 node or involving the outage of an Avaya
G350/450/700 S8300 remote site or when such a site is
operating in the LSP mode. Any Avaya Adjunct outages
shall be considered to be major outages and shall escalate

SERIAL 210145-S
to Tier 2 in if not resolved within two hours, to Tier 3 if not
resolved within three hours, and to Tier 4 if not resolved
within six hours.
2.4.7.1.3 Minor Outage/Service Interruptions: Any other component
failure of system/software not defined as a major
outage/service interruption or any performance anomaly
affecting sustained delivery of services. Contractor shall
communicate with MCSO TTD via email or telephone call
within one hour of a minor outage/service interruption.
2.4.7.1.4 There shall be no scheduled interruptions of service without
prior consent of MCSO TTD. A service interruption is
defined as any discontinuance or impairment of service
and/or features assigned to a user or group of users.
2.4.8 ESCALATION
2.4.8.1 Contractor shall provide MCSO TTD telephone access 24 hours a day,
7 days a week to a live point of contact at Tier 1 for trouble reporting and
resolution. Escalation to Tiers 2, 3 and 4 shall smoothly occur if the
trouble is not resolved.
2.4.8.2 When the service delivered by a subsystem of the MCSO owned Avaya
brand infrastructure fails, it must be restored, repaired or replaced in the
most expeditious manner possible.
2.4.8.3 When a contractor is not able to restore a non-operational Avaya ECS
and Avaya adjunct system within two hours, the contractor shall escalate
to the appropriate level of the contractor’s organization to obtain the
resources, people, or parts so that the outage is ended or service is
returned to normal within eight hours.
2.4.8.4 It is mandatory when critical and major outages or service interruptions
occur that the contractor accomplishes root cause and case closure
investigations and provides MCSO TTD with the written results of those
analyses within seven business days at no cost to MCSO.
2.4.9 JOURNAL FILE OF ACCESS
The contractor shall log all activities involving access into the MCSO TTD Avaya
ECS and Avaya adjunct systems during the term of this contract. The method
should include time of day, date, person/activity connecting, connection location
(including IP address), and length of connection into the MCSO environment.
2.4.10 MEETINGS
The contractor and MCSO TTD staff shall meet on a schedule determined by
MCSO and the contractor. A monthly meeting shall be held to review the previous
month’s issues, trouble tickets, projects accomplished, and status of the
performance objectives for which the contractor is responsible. This meeting may
be via audio or video conferencing. Monthly meetings shall form the basis of a
Quarterly Business Review meeting that shall include the attendance of an executive
member of the contractor’s firm.

SERIAL 210145-S
2.4.11 EMERGENCY SERVICE PLAN
Contractor shall prepare an emergency service plan for the entire Avaya ECS and
Avaya adjunct systems within 30 days after award of contract. Contractor shall
develop the plan in conjunction with the MCSO TTD.
2.4.12 EMERGENCY RESTORATION PLAN
2.4.12.1 The contractor shall prepare an Emergency Restoration Plan (Disaster
Recovery) for the entire Avaya ECS and Avaya adjunct systems within
30 days after award of contract, and the Emergency Restoration Plan
shall be developed in conjunction with the MCSO TTD. The contractor
shall create their Emergency Restoration Plan to ensure continuation of
service in the event of a complete or catastrophic system failure. Upon
receipt of the plan, MCSO TTD will review the plan, and either provide
comments or accept the plan within fifteen business 15 days of receipt.
2.4.12.2 The Emergency Restoration Plan shall address the following:
2.4.12.2.1 Alternative service arrangements for the systems and/or
any remotes, in the event they become isolated due to
equipment or facilities failure.
2.4.12.2.2 Loss of system access to the local exchange carrier (LEC),
interexchange carrier (IXC), or any component of the PSTN
(Public Switched Telephone Network).
2.4.12.2.3 Disruption of service to users and/or circuits or facilities
designated as critical by the MCSO TTD.
2.4.12.2.4 Loss of system software.
2.4.12.2.5 Major or catastrophic hardware failure.
2.4.12.2.6 Interruption of service due to physical damage to the facility
or remote locations.
2.4.12.2.7 Isolation of the systems or their components due to
interoffice facility failures.
2.4.12.3 Emergency service restoration shall be instituted upon the occurrence
of any of the following:
2.4.12.3.1 Catastrophic failure of the Avaya ECS or AM or IVR or
Avaya adjunct systems.
2.4.12.3.2 Catastrophic failure of single and/or multiple transmission
facilities. Remote locations becoming isolated due to
equipment and/or facilities failure.
2.4.12.3.3 Loss of system access to the Local Exchange Network
(LEN). The contractor, even if not responsible for the failure
of local access, shall assist in restoring full operations as
soon as possible.
2.4.12.4 When emergency restoration is necessitated, MCSO shall receive
priority over other local entities for the restoration of its Avaya ECS and
Avaya adjunct systems.

SERIAL 210145-S
2.4.12.5 The contractor shall monitor the system 24 hours a day, 7 days per
week, to identify outages or situations requiring emergency
maintenance and immediately commence appropriate corrective action.
2.4.12.6 The contractor shall notify the MCSO TTD staff immediately upon
implementation of emergency service restoration.
2.4.13 PERFORMANCE OBJECTIVES
The contractor shall be expected to meet the required performance objectives
detailed herein for the Avaya ECS and Avaya adjunct systems.
2.4.14 CENTURY LINK T1 TESTING
The contractor shall test and document each Century Link carrier T1 attached to
the Avaya ECS configuration and provide a report to MCSO TTD monthly.
2.4.15 MAINTENANCE SUPPORT AND RESPONSE
2.4.15.1 The contractor shall create a Maintenance Support Plan, within 30
calendar-days after award of contract, which shall define and describe
the contractor’s maintenance support concept for preventive and routine
maintenance.
2.4.15.1.1 MCSO Technology Bureau staff shall be the only individuals
who may submit both preventative and routine maintenance
requests to the contractor. The request for maintenance,
i.e., trouble report, shall specify whether preventative or
routine maintenance is required.
2.4.15.2 The contractor shall update the Maintenance Support Plan annually or
whenever changes occur that affect the contractor’s maintenance
policies or procedures.
2.4.15.3 The contractor shall include in the Maintenance Support Plan details
relating to:
2.4.15.3.1 The contractor's maintenance support policy/programs;
2.4.15.3.2 the contractor’s maintenance organization and locations;
2.4.15.3.3 escalation procedures for extended outages including the
name and cellular number of the contractor’s senior
management person and two alternates;
2.4.15.3.4 availability of higher Tier technical assistance;
2.4.15.3.5 preventive maintenance programs, including
equipment/circuits requiring routine service, frequency of
routine and circuit/equipment parameter references;
2.4.15.3.6 the location of available spare parts and the contractor’s
provision procedures; and
2.4.15.3.7 procedures and schedules for conducting OEM specified
maintenance.

SERIAL 210145-S
2.4.15.4 The Maintenance Support Plan shall include:
2.4.15.4.1 threshold limits for determining the necessity for
maintenance;
2.4.15.4.2 the procedures to be implemented to ensure that
maintenance is conducted; and
2.4.15.4.3 the quantity, technical training, skill, and experience levels
of maintenance personnel.
2.4.15.5 Contractor shall establish and include in the Maintenance Support Plan
real time method of communication alarms for supported systems for the
following type devices: cell phone, email, texting.
2.4.16 MAINTENANCE RESPONSE TIMES FOR METRO PHOENIX (see table in
2.4.16.4 MCSO Required Maintenance On-site Response Times for Outside Metro
Phoenix)
2.4.16.1 Maintenance for Critical Outage/Service Interruptions shall be provided
24 hours per day, 7 days per week with a maximum response time of 1
hour.
2.4.16.2 Maintenance for major trouble issues shall be provided twenty-four 24
hours per day, 7 days per week, with a maximum response time of 2
hours.
2.4.16.3 For resolution on all categories of problems, when a technician has
already begun Tier 1, Tier 2, Tier 3, or Tier 4 work, either remotely or on
site during normal business hours, the contractor shall use reasonable
efforts to continue that work without interruption and additional cost to
the MCSO TTD using either the initial contractor or alternate
technicians, until the problem is resolved.
2.4.16.4 MCSO Required Maintenance On-Site Response Times
Problem Metro Outside Metro
Greater than one hour driving time
from
550 W. Jackson, Phoenix, AZ
Critical 1 hour maximum 2 hours
maximum
Major 2 hours maximum 3 hours
maximum
Minor 4 hours maximum 4 hours
maximum

SERIAL 210145-S
2.4.16.5 MCSO Required Response Times After Notification of Problem.
Initial
Response Initial Response
Time (during Time (after
Severity Description business business hours)
hours)
All features are inoperable --
exhibited in a system crash or
major hardware failure
1 - Critical Service is unavailable in the Less than 10 Less than 20
field minutes minutes
Work-around is not available
One or more features of the
2 – Major application are not operating
Less than 15 Less than 30
Impact is being felt in the minutes minutes
field
A minor feature of the
system is not operating
3 – Minor Trouble Potentially service affecting Less than one Next business day
but is more of an annoyance hour
than a serious disruption
Not service impacting
4 – RFC - Request for general feature Less than two
Moves/Adds/Changes information or enhancement Next business day
hours
Non-maintenance support
request
2.4.17 PENALTIES
2.4.17.1 Penalties for Non-Performance
2.4.17.1.1 The following sets forth the specific service levels required
for performance measurement and the agreed penalties.
The contractor shall make monthly reports to the County for
all service levels and performance measures during the
previous 30 days. The contractor is required to implement,
and monitor metrics associated with the service level and
meet customer service performance standards, specifically
those that define service and response times. Unless
otherwise specified and agreed in writing between County
and contractor, the reporting period for each of these areas
will be 30 days.
2.4.17.1.2 As the service levels stated below are critical to customer
satisfaction, non-performance to the service levels
expected, which are defined as certain delays or failures to
meet the standards set under this agreement, will result in
specific penalties for non-performance. The penalties for
non-performance of the service levels specified will

SERIAL 210145-S
constitute a services credit against a future invoice as
described in section 2.13 of this document.
2.4.17.1.3 Penalty rate for all incidents within the month, will be capped
at a "Not to Exceed" five percent of the monthly
maintenance fees associated with this contract.
2.4.17.1.4 Source of data to establish non-performance: Contractor
trouble ticket system and verified by times logged in system
used to place call.
2.4.17.2 CALCULATION OF PENALTIES
Initial Response On-Site Problem Not
Problem Not Met Requirement Not Resolved
Met
CRITICAL $100 $250 $1,000 for each
day not resolved
MAJOR $100 $250 $500 for each day
not resolved
Minor N/A N/A $100 for each day
not resolved
2.4.18 SYSTEM TEST PROCEDURES
2.4.18.1 The contractor shall provide a recommended system test procedure to
establish when repair functions require the replacement of equipment
and/or software. The MCSO TTD may modify this procedure. The
contractor shall coordinate with the MCSO TTD to negotiate a mutually
agreeable time for system test. The contractor shall perform the test in
the presence of a MCSO TTD staff member(s) and any MCSO TTD
consultants, if requested by MCSO TTD. Any items failing the test shall
be noted and corrected and retested.
2.4.18.2 An in-service cutover shall be completed on the scheduled date only
after either the contractor has received notification from the MCSO TTD
that the system has successfully completed the system test procedures,
or that sufficient test compliance has been achieved and that it is in the
interest of the MCSO TTD to proceed with cutover with test compliance
postponed to a stipulated date. However, system test shall be fully and
successfully completed before the performance period shall begin.
2.4.18.3 To the extent possible the majority of system tests shall be
accomplished after business hours and/or on weekends.
2.4.19 SECURITY TESTING AND CERTIFICATION
The contractor shall perform a security audit and certification on the system within
the first 90 days from award of the contract and present the findings to MCSO
TTD. The contractor shall apply recommendations, certify the security level, and
document any changes as well as any outstanding vulnerabilities.

SERIAL 210145-S
2.4.20 REMOTE ACCESS FOR MAINTENANCE AND SUPPORT
2.4.20.1 MCSO TTD shall have login permission access to all maintenance
procedures and system operations procedures excluding those which
either provide access to operating system levels of software or which
are not made available by the manufacturer for customer access.
2.4.20.2 MCSO TTD may block access by contractor personnel and/or systems
to Avaya ECS and Avaya adjunct systems through login ID removal and
or password/permissions changes. The contractor shall notify MCSO
TTD by telephone immediately in the event contractor personnel and/or
systems cannot access MCSO Avaya ECS and Avaya adjunct systems.
The contractor must follow the special handling notes for any access to
a MCSO Avaya ECS and Avaya adjunct system.
2.4.21 REMOTE ACCESS
All systems covered under this contract require access from both local and remote
locations for the purpose of maintenance and administration of the Avaya ECS
and Avaya adjunct systems. The contractor shall ensure the continued ability of
MCSO TTD to access the system remotely for the purpose of system
administration. Authorization for remote access to the system will only be granted
by the MCSO TTD staff. The MCSO TTD shall furnish the contractor with all
passwords, all levels, and telephone numbers to enable the contractor to remotely
access all systems under this contract. When the contractor changes any
system password, the contractor shall provide the MCSO TTD with all
passwords and access codes required during the life of the contract.
Passwords and/or access codes used for remote access will be changed
immediately upon the termination of any employment/contractual relationship of
contractor personnel having knowledge of those specific passwords or whenever
the contractor or the MCSO TTD deem such action is necessary.
2.4.22 REMOTE ALARMS
The MCSO TTD has deployed capabilities to remotely monitor critical, major, and
minor alarm conditions on an automatic call-out basis at all Avaya ECS locations.
The contractor shall monitor and respond to alarm conditions 24 hours a day, 7
days a week including holidays. The contractor’s response to critical alarms shall
be equal to that of emergency maintenance: major alarm conditions require urgent
restore actions; minor alarms shall be treated as routine trouble calls. Power loss
to any Avaya ECS components and/or Avaya adjunct systems shall be
immediately reported and the contractor shall establish a process to quickly
receive these notifications.
2.4.23 APPLICABLE STANDARDS AND REGULATIONS
The contractor shall comply with all standards, codes, accepted industry practices,
and regulations as they pertain to switching systems, switching peripheral
devices, facilities, environment, protection, security, power, and uninterruptible
power systems that include electric batteries. These standards, codes, accepted
industry practices, and regulations shall be adhered to during the life of this
contract by the contractor and all subcontractors used. The contractor shall be
responsible for obtaining any and all permits required by local, state, and Federal
law (if required) at no additional cost to MCSO TTD.
2.4.24 PERFORMANCE EXPECTATION
2.4.24.1 The contractor shall keep equipment rooms, wire closets, and all other
contractor assigned areas in a neat and clean state at all times.

SERIAL 210145-S
2.4.24.2 The contractor shall ensure that all walls, ceilings, and floors are
returned to their normal appearance after completion of any work under
this contract. The contractor shall remove and properly dispose of any
debris created and perform any necessary cleanup of areas (including
the switch room and wire closets) affected by the contractor's actions in
performance of this contract, at no additional cost to the MCSO TTD.
2.4.24.2.1 If, upon County inspection, it is found that the contractor
failed to adequately clean up the site (meaning to the
County’s satisfaction) after work has been performed, the
County will notify the contractor and the contractor will have
24 hours to clean. Should the contractor fail to clean a site
to the County’s satisfaction, the County reserves the right to
make other arrangements to have the area cleaned, and the
cost of such work shall be offset from any monies due the
contractor. Costs of such work that exceed the amount of
monies due the contractor shall be the responsibility of the
contractor and shall billed to the contractor.
2.4.24.3 The contractor shall perform all services in such a manner that County
property is not damaged.
2.4.24.3.1 In the event damage occurs to Maricopa County property or
any adjacent property due to any services performed under
this contract, the contractor shall immediately notify the
County representative about the damages and shall replace
or repair the same at no cost to the County within 48 hours
of notifying the County, or by a deadline approved by the
County.
2.4.24.3.2 If damage caused by the contractor has to be repaired or
replaced by the County, the cost of such work shall be
deducted from the monies due the contractor. Costs of such
work that exceed the amount of monies due the contractor
shall be the responsibility of the contractor and shall billed
to the contractor.
2.4.25 MAINTENANCE COST CALCULATION
2.4.25.1 The maintenance support price shall be calculated annually for years
one through three as provided in Attachment D - Pricing Sheet, effective
January 1, 2021. The price shall be based on the requirements
contained herein to successfully maintain the operation and
performance levels of the Avaya ECS and Avaya adjunct systems.
2.4.25.2 The contractor shall also provide a percentage discount off the
manufacturer’s list price for new equipment.
2.4.26 HOURLY COST FOR CONTRACTOR PERSONNEL
Contractor shall provide in Attachment D – Pricing Sheet the hourly rate for
personnel at the skill levels required in this agreement for services that MCSO
TDD may require from time to time for services that are outside of this agreement.
These rates shall be guaranteed for the term of the contract.

SERIAL 210145-S
2.5 CONTRACTOR QUALIFICATIONS
2.5.1 The contractor shall be a certified partner with Avaya for a minimum of three years.
A copy of the certification shall be provided in the bid.
2.5.1.1 The contractor shall provide a letter from each manufacturer involved
establishing that the contractor is an authorized dealer for the service
and maintenance of the equipment represented.
2.5.1.2 The contractor shall provide a list of the technicians who will be assigned
to this contract. It is recommended that one of the technicians be an
Avaya Certified Expert (ACE) or equivalent that demonstrates the
technical knowledge and skills needed to support the AVAYA system. A
copy of the certifications for each technician shall be provided in the bid.
2.5.2 The contractor shall provide a letter in the bid for each sub-partner demonstrating
that a formal relationship is established to fulfill the terms of this contract. In
addition, the contractor shall establish that each sub-partner is an authorized dealer
of the manufacturer for the service and maintenance of the equipment
represented, including, but not limited to, sub-partners under the current contract:
RedSky, West Safety, PowerWare, Metropolis and Extreme networks, and
SwampFox.
2.6 INTEGRATION RESPONSIBILITY - GENERAL CONTRACTOR AND SUBCONTRACTOR
2.6.1 The successful contractor shall be the single “integrator” of sub contractor’s actions
providing goods and services to MCSO TTD to support, sustain, and expand the
MCSO TTD Avaya ECS and Avaya adjunct systems. The contractor shall have
open purchase orders in existence with all subcontractors for MCSO TTD project
work throughout the term of this contractor.
2.6.2 Contractor is fully responsible for all work performed by any subcontractors utilized
by the contractor to perform work under this contract.
2.7 WAREHOUSE/DISTRIBUTION CENTER:
The Contractor shall have access to a local warehouse/distribution center(s) within the
Phoenix, Arizona metropolitan area capable of providing sufficient quantities of parts
and equipment as may be necessary to meet the County’s needs.
2.8 FACTORY AUTHORIZED SERVICE AVAILABILITY
The Contractor shall have and maintain a local authorized service facility within the
Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and
installing component parts, troubleshooting, repairing and maintaining the material(s).
Cost of parts and/or software repaired/maintained under this contract shall be part of
the annual maintenance service agreement price. The contract shall include
replacement parts 24 hours a day, 7 days per week regardless of any maintenance
pricing option selected by MCSO TTD.
2.9 SECURITY CLEARANCE
2.9.1 The Maricopa County Sheriff’s Office (MCSO) does not allow a service contractor
access into a jail facility to perform any type of service unless a background check,
TOC, and PREA certifications have been completed for each contractor employee
accessing the facility. The MCSO Facilities Security Guidelines included by
reference (Exhibit 3) explains all the necessary requirements of contractors
performing work at such facilities. If it is anticipated that the contractor has staff

SERIAL 210145-S
visiting the site on a consistent basis, these forms will be completed by the person
requesting facility access and the background check will be completed prior to
approving access.
2.9.2 Once the form is filled out and submitted to MCSO, the Contractor shall be notified
if approved. If approved, a list of the approved names will be given to the jail facility
where the work is to be performed. Only those on the list will be granted access.
2.9.3 A pictured ID is required upon entry and must match the name on the approved
access list.
3.0 PURCHASING REQUIREMENTS
3.1 DELIVERY
3.1.1 Delivery is desired as soon as possible, and details shall be stipulated on the
purchase order. Contractor shall notify the County representative listed on the
order if the requested delivery date and/or the anticipated lead time cannot be met.
Failure to communicate to County changes in the order status may result in default
proceedings.
3.1.2 Supplies or equipment shall be delivered between the hours of 8 a.m.. and 5 p.m.
MST, Monday through Friday, except on County recognized holidays.
3.1.3 Delivery shall be F.O.B. Destination Freight Prepaid.
3.2 EXPEDITED DELIVERY
3.2.1 If the department determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. Contractor shall determine any additional
costs associated with such delivery terms and communicate that cost to the
department.
3.2.2 The department shall not advise the contractor to proceed with an expedited
shipment until acceptable terms are agreed upon and a purchase order is issued.
Upon agreeing to the additional costs, the department shall advise the contractor
to proceed.
3.2.3 Upon receipt of material(s) and invoicing, the department shall ensure that any
additional charges are in compliance with and do not exceed agreed to costs. The
department shall retain all documents related to these costs within the agency
purchase file.
3.3 SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
3.3.1 Contract serial number
3.3.2 Contractor’s name and address
3.3.3 Department name and address
3.3.4 Department purchase order number
3.3.5 A description of product(s) shipped, including item number(s), quantity(ies),
number of containers and package number(s), as applicable.

SERIAL 210145-S
3.4 SHIPPING TERMS
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s)
stipulated on the purchase order. All delivery locations are within Maricopa County.
3.5 OPERATING MANUALS
Upon delivery of services, contractor shall provide comprehensive instructional manuals,
operational manuals, service manuals, and schematic diagrams, if required by the
department.
3.6 INSTALLATION
Contractor shall be responsible to install and present for inspection all services and
equipment in a complete and ready-for-use condition with all components functioning,
cleaned and tested. Contractor’s price shall include delivery and installation of all
equipment in complete operating condition.
3.7 SAMPLES
Contractor may be requested to furnish samples of material(s) bid to allow for examination
by the County. Any materials so requested shall be furnished within 10 working days from
the date of request and furnished at no cost to the County and sent to the address
designated in the requesting correspondence. Samples become the property of the County
upon receipt.
3.8 TESTING
Unless otherwise specified, services and related materials purchased will be inspected by
the department to ensure they meet the quality and quantity requirements of the
specifications. When applicable and deemed necessary by the County, samples of the
materials may be taken at random from stock received for submission to a commercial
laboratory or other appropriate agency for analysis and tests to determine whether the
materials conform in all respects to the specifications. In cases where commercial
laboratory reports determine that the materials do not meet the specifications, the expense
of such analysis shall be borne by the contractor.
3.9 ACCEPTANCE
3.9.1 For new installations and upgrades, a performance period of thirty (30) continuous
days after going into service shall constitute a successful performance period. The
performance period shall not begin until customer monitored system testing has
been fully and successfully completed.
3.9.2 A failure of the system within a thirty (30) day performance period shall cause a
restart of the time counter when the system is restored from the failure and retested
and a new thirty (30) day period of continuous service recommences. Invoicing
may occur for the upgrade or new installation after the successful conclusion of
the performance period. If installation is delayed due to action or inaction of MCSO,
a reasonable billing start date will be negotiated between the parties. MCSO will
not withhold payment for installations or services delayed by variables outside of
the vendor’s control.
3.10 TRAINING
Contractor shall provide training services, upon request, to County personnel in the use
and care of all equipment/materials and services (as applicable) and respond with hourly
rate for such in Attachment D – Pricing Sheet. All training shall take place on-site in
Maricopa County.

SERIAL 210145-S
3.11 WARRANTY
3.11.1 The minimum warranty period shall be twelve (12) months for both parts and labor.
Warranty repair and/or replacement shall be performed at no additional charge to
the County. All warranty periods shall begin upon acceptance by MCSO.
3.11.2 The contractor shall warrant to MCSO TTD that all materials furnished to the
MCSO TTD in response to the bid are of original workmanship and design,
belonging to contractor/manufacturer, or they are provided with all required
licenses (such as Microsoft software, etc.) for the system. Contractor shall not
violate the copyrights of others, make use of any trade secrets that belong to
others, nor violate the patents of others.
3.11.3 The contractor shall guarantee from each product manufacturer that all project
upgrades equipment and related all new components added to the Avaya ECS
and Avaya adjunct systems under the contract shall be functionally compatible and
available for reorder purposes for a minimum of five (5) years.
3.12 USAGE REPORT
The Contractor shall furnish the County with a quarterly usage report 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.
3.13 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.
3.14 INVOICES AND PAYMENTS
3.14.1 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 (e.g., number of days or weeks)
• Contract item number(s)
• Arrival time and completion time (if applicable)
• Description of purchase (product or services)
• Pricing per unit of purchase
• Extended price (by line item)
• Total amount due
3.14.2 Commodities must be billed as a separate line item.
3.14.3 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.

SERIAL 210145-S
3.14.4 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.
3.14.5 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.14.6 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.
3.15 APPLICABLE TAXES
3.15.1 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.
3.15.2 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 https://www.azdor.gov/Business.aspx.
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.
3.15.3 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 the City 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).
3.16 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 210145-S
3.17 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.
3.18 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.
3.19 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 three year(s).
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 three additional year(s), (or at the County’s sole
discretion, extend the contract on a month-to-month 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.

SERIAL 210145-S
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
4.5.1 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 relating to the performance
of this contract.
4.5.2 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, 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.
4.5.3 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.
4.5.4 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.

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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.
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.
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

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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
Technology Errors & Omission insurance: Such insurance shall cover
any and all errors, omissions, or negligent acts in the delivery of
products, services, and/or licensed programs under this contract.
Each claim $5,000,000
In the event that the Technology Errors & Omission insurance required
by this contract 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.
4.6.9.5 Cyber, Network Security, and Privacy Liability
Cyber, Network Security and Privacy Liability Insurance with a limit of
not less than $5,000,000 per occurrence. The policy shall include, but
not be limited to; coverage for all directors, officers, agents and
employees of the contractor, losses with respect to network risks (such
as data breaches, unauthorized access or use, and ID theft of data),
invasion of privacy (regardless of the type of media involved in the loss
of private information), crisis management, identity theft response costs,
breach notification costs, credit remediation, and credit monitoring,
defense, and claims expenses, regulatory defense costs plus fines and
penalties, cyber extortion, electronic data restoration expenses (data
asset protection), network business interruption, computer fraud
coverage, funds transfer loss, third-party fidelity, theft, no requirement
for arrest and conviction, and loss outside the premises of the named
insured.
4.6.9.6 Certificates of Insurance
4.6.9.6.1 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 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.

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4.6.9.6.2 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.
4.6.9.6.3 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.
4.6.9.7 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 160 South 4th Avenue, Phoenix, AZ 85003, or
emailed to the procurement officer noted in the solicitation.
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 will include 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.
4.7.2 Each 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.

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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.
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 INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
4.12 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.
4.13 PURCHASE ORDERS
4.13.1 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.
4.13.2 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.
4.14 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
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.

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4.15 STOP WORK ORDER
4.15.1 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:
4.15.2 cancel the stop work order; or
4.15.3 terminate the work covered by the order as provided in the Termination for Default
or the Termination for Convenience clause of this contract.
4.15.4 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.
4.16 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.17 TERMINATION FOR DEFAULT
4.17.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.17.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.17.1.2 make progress, so as to endanger performance of this contract; or
4.17.1.3 perform any of the other provisions of this contract.
4.17.2 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.
4.18 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.

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4.19 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.
4.20 SUBCONTRACTING
4.20.1 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.
4.20.2 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, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime contractor’s
invoice.
4.21 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.
4.22 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.
4.23 RIGHTS IN DATA
4.23.1 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.
4.23.2 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.
4.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.24.1 In accordance with section MC1-374 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.

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4.24.2 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 County for the services not so adequately supported and
documented.
4.25 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.
4.26 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.
4.27 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.
4.28 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.
4.29 RELATIONSHIPS
4.29.1 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.
4.29.2 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 previously approved by the County.
4.30 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 downloaded from the Arizona Memory Project at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)

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4.31 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.
4.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1 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:
4.32.1.1 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;
4.32.1.2 have not within a three-year period preceding this contract:
4.32.1.2.1 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;
4.32.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
4.32.1.3 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;
4.32.1.4 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
4.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
4.32.2 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.
4.32.3 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.

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4.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.33.1 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 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.
4.33.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.33.1 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.
4.34 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 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 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:

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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.
4.35.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
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 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

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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.
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.