190267-CONTRACT.PDF

SERIAL 190267 S PUBLICATION OF PUBLIC LEGAL NOTICES & ADVERTISING
DATE OF LAST REVISION: June 26, 2019 CONTRACT END DATE: June 30, 2020
CONTRACT PERIOD THROUGH JUNE 30, 2020
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for PUBLICATION OF PUBLIC LEGAL NOTICES & ADVERTISING
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 June 26, 2019 (Eff. 07/01/19).
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.
IG/mm
Attach
Copy to: Office of Procurement Services
Fran McCarroll, Clerk of the Board
(Please remove Serial 180239-S from your contract notebooks)

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EXHIBIT “A”
PRICING
COMPANY NAME: ARIZONA BUSINESS GAZETTE
DOING BUSINESS AS (dba): ___________________________________________
MAILING ADDRESS: 200 E. VAN BUREN STREET PHOENIX, AZ 85004
REMIT TO ADDRESS: 200 E. VAN BUREN STREET PHOENIX, AZ 85004
TELPHONE NUMBER: 602-444-7315 OPTION 4
FAX NUMBER: 877-943-0443
WWW ADDRESS: AZCENTRAL.COM & ABGNEWS.COM
REPRESENTATIVE NAME: TARA MONDLOCH
REPRESENTATIVE TELEPHONE NUMBER: 602-444-7315 OPTION 4
REPRESENTATIVE E-MAIL: tmondloch@gannett.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
LEGAL ADVERTISING, PER COLUMN INCH
Title Unit Price Qty UofM Bidder Notes
First Insertion $0.70 1 each BASED ON $___ PER LINE x__lines to inch :
Based on .05 per line x 14 lines to an inch = $.70 per inch
LEGAL: Based on $.05 per line x 14 lines to inch = $.70
per inch
DISPLAY (10 PT) : Based on $.05 per lines x 14 lines to
an inch =$.70 per inch
$ with % Discount : NA
Subsequent Insertions $0.70 1 each BASED ON $___ PER LINE x lines to inch:
Based on .05 per line x 14 lines to an inch = $.70 per inch
LEGAL: Based on $.05 per line x 14 lines to inch = $.70
per inch
DISPLAY (10 PT) : Based on $.05 per lines x 14 lines to
an inch =
$.70 per inch
$ with % Discount: NA
Additional Discounts From Base Bid For
Title Unit Price Qty UofM Bidder Notes
Camera-Ready Copy 0.00% 1 each BASED ON $___ PER LINE x lines to inch:
NA
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA
Computer Tape Format 0.00% 1 each BASED ON $___ PER LINE x lines to inch: NA
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA

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Floppy Disc Format 0.00% 1 each BASED ON $___ PER LINE x lines to inch: NA
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA
E-Mail 0.00% 1 each BASED ON $___ PER LINE x lines to inch: NA
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA
DISPLAY ADVERTISING PER COLUMN INCH
Title Unit Price Qty UofM Bidder Notes
First Insertion $0.70 1 each BASED ON $___ PER LINE x lines to inch :
Based on .05 per line x 14 lines per inch = $.70 per inch
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA
Subsequent Insertion(s) $0.70 1 each BASED ON $___ PER LINE x lines to inch:
Based on .05 per line x 14 lines per inch = $.70 per inch
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA
DISCOUNT FOR NON-LEGAL ADVERTISING IN NEWS SECTION
Title Unit Price Qty UofM Bidder Notes
Discount for Non-Legal 0.00% 1 each BASED ON $___ PER LINE x lines to inch: NA
Advertising in News LEGAL: NA
Section DISPLAY (10 PT): NA
$ with % Discount: NA
TOTAL COST TO PUBLISH EXCERPTS BASED ON 1ST INSERTION COST
Title Unit Price Qty UofM Bidder Notes
Exhibit 2 - Notice of $10.36 1 each Land Weekly Publication
Auction of Surplus Land Supplier Notes: BASED ON $___ PER LINE x lines to
Weekly Publication inch:
NA
LEGAL: AN
DISPLAY (10 PT): NA
$ with % Discount: NA
Exhibit 2 - Notice of Auction of Surplus Land Weekly
Publication 187
lines to publish 1st insertion = $9.35 subsequent insertions
= $9.35

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Exhibit 3 - Treasurers $3.60 1 each Publication
Delinquent Tax List Supplier Notes: BASED ON $___ PER LINE x lines to
Weekly Publication inch:
NA
LEGAL: NA
DISPLAY (10 PT): NA
$ with % Discount: NA
TREASURES DELINQUENT TAX LIST - Converted to
6 column formats
72 lines x .05 per line $3.60 first insertion. Subsequent
insertions $3.60
Exhibit 4 - Truth in $180.00 1 each BASED ON $___ PER LINE x lines to inch: NA
Taxation Hearing - Notice LEGAL: NA
of Tax Increase Weekly DISPLAY (10 PT): NA
Publication $ with % Discount: NA
TRUTH IN TAXATION HEARING ROP AD (OUTSIDE
OF LEGAL SECTION) = total cost to publish 1st
insertion = $180.00 Subsequent insertions $180
Exhibit 5 - Notice of Call $4.25 1 each BASED ON $___ PER LINE X lines to inch: na
for Bid Weekly Publication LEGAL: na
DISPLAY (10 PT): na
$ with % Discount: na
Notice to call for bids. 85 lines x $.05 per line $4.25 first
insertion, $4.25 subsequent insertions
Exhibit 6 - Public Notice $3.25 1 each BASED ON $___ PER LINE x__lines to inch : na
Weekly Publication LEGAL: na
DISPLAY (10 PT) : na
$ with % Discount : na
Public Notice Weekly Publication 65 lines x $.05 per line
$3.25 first insertion, $3.25 subsequent insertion
NEWSPAPER SUBSCRIPTION RATE FOR COUNTY DEPARTMENTS
Title Unit Price Qty UofM Bidder Notes
Subscription Rate for all $30.00 1 year BASED ON $___ PER LINE x lines to inch: na
Others LEGAL: na
DISPLAY (10 PT): na
$ with % Discount: na
Five complimentary subscriptions to be designated by
Maricopa Management, plus additional subscriptions at the
rate of $30 per for any County department submitting
advertising.

SERIAL 190267-S
PRICING SHEET: NIGP CODE
Terms: NET 30
Vendor Number: VC0000008449
Certificates of Insurance Required
Contract Period: To cover the period ending June 30, 2020.


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PUBLICATION OF PUBLIC LEGAL NOTICES & ADVERTISING
1.0 INTENT:
Maricopa County is requesting bids from qualified newspapers in order to award an Annual Contract for
Advertising and Printing of Legal Notice or Publication, in accordance with A.R.S. §11-255. This Contract
will be for a term of one (1) year commencing on the date of award.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.10 and 3.11 below).
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 TECHNICAL REQUIREMENTS:
2.1.1 Printing and/or publishing of all public legal notices and advertising requiring publication
such as election proclamations, legal notices regarding statutory matters of the Board of
Supervisors and other County departments, resolutions, summons, notices of sale,
delinquent tax lists, special notices, call for bids, bids for construction and equipment,
and the publishing of all matters as required to be published by the Board of Supervisors
under the laws of the State of Arizona provided to Contractor for such printing and/or
publishing.
2.1.2 The term “Newspaper” shall mean a newspaper printed and published in Maricopa
County, State of Arizona, which for at least one (1) year, has been admitted to the United
States Mail as second-class matter, as set forth and meeting the requirements of Arizona
Revised Statutes, Sections §§11-255, 39-201, 39-202, 39-203, 39-204, 39-205 and 39-
221.
2.1.3 The term “Printing” shall mean reproducing in newspaper-form and style, any legal
publication or advertisement requiring public notice.
2.1.4 The term “Publishing” shall mean the production and distribution by a newspaper
containing public legal notices and/or advertising requiring notice to the general public
by the County Board of Supervisors or other County departments within Maricopa
County.
2.1.5 Each Respondent shall file with their bid, an affidavit showing that their newspaper
has been established and published within Maricopa County, State of Arizona, for a
period of at least one (1) year prior to the filing of such affidavit and has been
admitted to the United States mail as second-class matter for at least one (1) year.
2.1.6 Respondents shall state the day of week of publication, press time deadline and the
number of hours prior to press time copy will be accepted with and without notice.
2.1.7 The size of type shall be not less than five (5) or more than six (6) point type, set solid
(no leading). This is to apply whether letterpress, offset, computer tape or disc format is
used. The variance in type size shall not be greater than five percent (5%) over or under
the specified size range. Continuous wrap for text must be applied in all publication
and advertising matter unless otherwise specified.
2.1.8 Legal notices from the Board of Supervisors, the tentative annual budget and other legal
publication and advertising will be furnished to Contractor in electronic copy. The
delinquent tax rolls will be furnished electronically.

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2.2 FUNCTIONAL REQUIREMENTS
2.2.1 Accept advertising electronically, by fax, paper copy or press ready pick-up.
2.2.2 Submit an invoice, within 30 days of publication or sooner, for the publication of notices.
2.2.3 Invoice departments individually for requested services.
2.2.4 Confirm receipt of requests for publication by fax or email within two (2) hours of the
requests.
2.2.5 Provide a proof of requested publication items no later than two (2) days prior to
publication.
2.2.6 Republish incomplete or incorrect notices in their entirety in the next publication at no
charge to the County. Proof copy shall be provided upon request.
2.2.7 If pick up is requested, location generally shall be the County Downtown Administration
Complex, Monday through Friday, by 3:30 PM Phoenix local time (MST). Pick-ups may
be required from other County departments located throughout Maricopa County.
2.2.8 Pick-ups scheduled for holidays shall be scheduled for the next County business day.
When lengthy material is picked up by the Contractor, the Contractor shall review the
material to ensure it is complete. The County shall be notified immediately by the
Contractor of any problems with copy.
2.2.9 The Contractor shall furnish to the using County department, without additional cost, an
affidavit of publication, within ten (10) days of publication, for each legal notice and/or
advertisement published. For the delinquent tax list and notice of the tax lien sale
affidavit of publication, the Contractor shall record the affidavit, pursuant to A.R.S. §42-
18110(B).
2.3 BID REQUIREMENTS:
2.3.1 Bids submitted shall be on a per column inch basis unless otherwise specified.
2.3.2 A separate price per column inch shall be bid for advertisements which are to be printed
and published display advertising style, in larger than 10-point type.
2.3.3 Bids shall be made for the price for the first insertion of each advertisement, and a
separate price for each subsequent publication of the same advertisement, where there is a
requirement for multiple publications in subsequent issues of the newspaper.
2.3.4 Excerpts of typical legal information to be published are attached as EXHIBIT 2 through
EXHIBIT 5. For comparison of bids, Respondents shall state the cost of the attached
excerpts based on the charge per column inch submitted.
2.3.5 Each Respondent shall reproduce these in paragraph/column form showing the type
and style that will be used in printing and publishing if the Respondent is awarded
this Contract. These reproductions shall be included with Respondent’s bid.
3.0 PURCHASING REQUIREMENTS:
3.1 PERFORMANCE:
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa 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.

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3.2 ACCEPTANCE:
Upon completion, services shall be deemed accepted and the warranty period shall begin. All
documentation shall be completed prior to final acceptance.
3.3 USAGE REPORT:
The Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the Contract. The format of the report shall be approved by the County and
shall disclose the quantity and dollar value of each contract item by individual unit.
3.4 BACKGROUND CHECK:
Bidders/proposers need to be aware that there may be multiple background checks (Sheriff’s
Office, County Attorney's Office, Courts as well as Maricopa 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 and the failure to pass these checks
shall deem the respondent non-responsible.
3.5 INVOICES AND PAYMENTS:
3.5.1 The Contractor shall submit one (1) 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
• 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 (number of days or weeks)
• Contract Item number(s)
• Description of purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total amount due
3.5.2 Problems regarding billing or invoicing shall be directed to the Department as listed on
the Purchase Order.
3.5.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/922/Vendors).
3.5.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.5.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is

SERIAL 190267-S
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.6 APPLICABLE TAXES:
3.6.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.6.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this Contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
3.6.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall and require all subcontractors to hold Maricopa 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
Worker’s Compensation.
3.7 TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the
Contractor to determine any and all applicable taxes and include the cost in the proposal price.
3.8 PERFORMANCE:
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa 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.
3.9 POST AWARD MEETING:
The 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.
3.10 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please state so in your bid. In the absence of a statement to the contrary, the County will assume
that you do wish to grant access to any contract that may result from this bid.
3.11 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s):
County currently holds ICPA’s 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 procurement
rules, processes, and procedures.

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4.0 CONTRACTUAL TERMS & CONDITIONS:
4.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of
one (1) year.
4.2 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 Contractor required to be provided to the County either by the terms of this
agreement or as a matter of law. The provisions of this clause shall survive the expiration or
termination of this agreement.
4.3 PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the
Contract expiration or annual anniversary or bi-annual date etc. 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 shall 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 Contract.
4.4 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, 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.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, 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.
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 paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
4.5 INSURANCE:
4.5.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or

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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.
4.5.2 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.
4.5.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
4.5.4 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.
4.5.5 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.
4.5.6 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.
4.5.7 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.
4.5.8 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $1,000,000
Products/Completed Operations Aggregate, and $2,000,000 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.
4.5.9 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella 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.
4.5.10 Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by Federal and State
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.

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Contractor, its contractors and its subcontractors waive all rights against 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 contractors and its
subcontractors pursuant to this Contract.
4.5.11 Certificates of Insurance:
4.5.11.1 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.
4.5.11.2 In the event any insurance policy(ies) required by this contract is(are) written on a
claims-made basis, coverage shall extend for two (2) years past completion and
acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
4.5.11.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) calendar days prior to the expiration date.
4.5.12 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 thirty (30) days prior written
notice to Maricopa County. Contractor must provide to Maricopa County, within two (2)
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 320 West Lincoln Street, Phoenix, AZ
85003, or emailed to the Procurement Officer noted in the solicitation.
4.6 FORCE MAJEURE:
4.6.1 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,
interruption or failure of electricity or telecommunication service.
4.6.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each Party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
4.6.3 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.

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4.7 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of
Procurement Services, a Purchase Order issued by the using Department or direction by a
Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
4.8 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
4.8.1 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.
4.8.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
4.9 PURCHASE ORDERS:
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, shipment of product prior to issuance of Purchase Order, etc.
4.10 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, delay, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
4.11 STOP WORK ORDER:
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 ninety (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 ninety (90) calendar days after a stop work
is delivered to the Contractor, or within any extension of that period to which the parties shall
have agreed, the Procurement Officer shall either:
4.11.1 Cancel the stop work order; or
4.11.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience clause of this Contract.
4.11.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, 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.

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4.12 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.13 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this Contract in whole
or in part if the Contractor fails to:
4.13.1 Deliver the supplies or to perform the services within the time specified in this Contract
or any extension;
4.13.2 Make progress, so as to endanger performance of this Contract; or
4.13.3 Perform any of the other provisions of this Contract.
The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within ten (10) business days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer specifying the
failure.
4.14 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three (3) years after execution of the Contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County from any other party to the Contract arising as the result of the Contract.
4.15 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.
4.16 SUBCONTRACTING:
4.16.1 The 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 project.
4.16.2 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.
4.17 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.

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4.18 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete services to a Contract. If a service requirement
is deleted, payment to the Contractor will be reduced proportionately, to the amount of service
reduced in accordance with the Contract price. If additional services are required from a Contract,
prices for such additions will be negotiated between the Contractor and the County.
4.19 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.19.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to and the right to
examine, copy, and make use of, any and all said materials.
4.19.2 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.
4.20 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.
4.21 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.
4.22 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.
4.23 RIGHTS IN DATA:
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
4.24 RELATIONSHIPS:
4.24.1 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.

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4.24.2 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 (2)
business days, unless previously approved by the County.
4.25 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 may be
viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which 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.
4.26 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
4.26.1 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;
4.26.1.1 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;
4.26.1.2 have not within a three (3) year period preceding this Contract:
4.26.1.2.1 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.
4.26.1.2.2 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; and
4.26.1.2.3 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; and 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 have not within a three (3) year
period preceding this Contract had any public transaction (Federal,
State or local) terminated for cause or default.
4.26.1.2.4 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.
4.26.2 The 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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4.27 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
4.27.1 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). The
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. The 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 (3) years, whichever is longer. I-9 forms are
available for download at USCIS.GOV.
4.27.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.27.1
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.
4.28 CONTRACTOR LICENSE REQUIREMENT:
4.28.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The Contractor shall keep fully informed of existing and
future trade or industry requirements, 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.
4.29 INFLUENCE:
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.
An attempt to influence includes, but is not limited to:
4.29.1 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,
4.29.2 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.
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.

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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
REGARDS 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.
4.30 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.
4.31 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information by the Office of Procurement
Services. If an Offeror believes that information in its Offer or any resulting Contract should not
be released in response to a public record request under Arizona law, the Offeror shall indicate the
specific information deemed confidential or proprietary and submit a statement with its offer
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
4.32 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, express or implied.
4.33 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.
4.34 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.