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SERIAL 190233-S AUTO BODY REPAIR; CARS AND LIGHT TRUCKS DATE OF LAST REVISION: May 08, 2019 CONTRACT END DATE: May 31, 2021 CONTRACT PERIOD THROUGH MAY 31, 2021 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for AUTO BODY REPAIR; CARS AND LIGHT TRUCKS 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 May 08, 2019. 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. Kevin Tyne, Chief Procurement Officer Office of Procurement Services AS/yy Attach Copy to: Office of Procurement Services Kathleen Kolm, Risk Management (Please remove Serial 12087-S from your contract notebooks) SERIAL 190233-S COURTESY CHEVROLET, P.O. BOX 7709 PHOENIX, AZ 85014 SERIAL 190233-S NIGP CODE 92815 RESPONDENT'S NAME: Courtesy Chevrolet COUNTY VENDOR NUMBER: VC0000006885 ADDRESS: 1233 E. Camelback Rd. Phoenix, AZ 85014 P.O. A DDRESS: P.O. Box 7709 Phoenix, AZ 85014 TELEPHONE NUMBER: 602-604-3080 FACSIMILE NUM BER: 602-265-5633 WEB SITE: www.curtesychev.com CONTACT (REPRESENTAT IVE): Marvin Moore REPRESENTAT IVE'S E-MAI L A DDRESS : mmoore2@courtesychev.com YES NO WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [XI [ [X] NET 30 DAVS Title Unit Qty UofM Total Description Bidder Notes Price Price Body and Fender repair/replace $40.00 4800 hour $192,000.00 Hourly rate for $40 = 1 hour Labor Rate Year 1 Body and Fender of labor work for year one of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary Body and Fender repair/replace $40.00 4800 hour $192,000.00 Hourly rate for $40 = 1 hour Labor Rate Year 2 Body and Fender of labor work for year one of the contract. Frame repair Labor Rate Year 1 $40.00 360 hour $14,400.00 Hourly rate for $40 = 1 hour Frame work for of labor year one of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary SERIAL 190233-S COURTESY CHEVROLET Frame repair Labor Rate Year 2 $40.00 360 hour $14,400.00 Hourly rate for $40 = 1 hour Frame work for of labor year two of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary Mechanical repair/replace Labor $65.00 1100 hour $71,500.00 Hourly rate for $65 = 1 hour Rate Year 1 Mechanical work of labor for year one of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary Mechanical repair/replace Labor $65.00 1100 hour $71,500.00 Hourly rate for $65 = 1 hour Rate Year 2 Mechanical work of labor for year two of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary Paint Labor Rate Year 1 $40.00 1500 hour $60,000.00 Hourly rate for $40 = 1 hour Paint work for year of labor one of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary Paint Labor Rate Year 2 $40.00 1500 hour $60,000.00 Hourly rate for $40 = 1 hour Paint work for year of labor two of the contract. Quantities are annual based on sample data. Actual quantities/hours may vary Standard inspection time 1 hour Standard time in hours to complete set up, measure the unibody and frame. Approximate number of cars repaired on annual basis. SERIAL 190233-S COURTESY CHEVROLET Standard Decal Removal 1 hour Standard time in Preparation Time hours to complete Decal Removal. Approximate number of decals replaced annually Standard Color/Sand/Buff per 1 hour Standard time in panel hours to complete painting, sanding and buffing per vehicle panel. Approximate number of panels annually Standard Total Loss Tear Down 1 hour Standard time in Time hours to complete a vehicle tear down for a total loss. Approximate number of vehicles that are total losses in a year. Parts Discount from Retail 34.00% 1 per issue 34.00% Mark up GM list less percentage for 34% discount parts and materials utilized in repairs. Material Refinish Rate $30.00 I each $30.00 Material Refinish $30 per paint Rate for paint hour Cost plus percentage for parts 10.00% 1 each 10.00% Cost plus AFM/LKQ percentage for markup cost parts plus 10% PRICING SHEET: NIGP CODE 92815 Terms: NET 30 Vendor Number: VC0000006885 Certificates of Insurance Required Contract Period: To cover the period ending May 31, 2021. SERIAL 190233-S ATTACHMENT B AGREEMENT PAGE of Respondent the Respondent's hereby certifies Offer will that create Respondent a has read, understands and agrees that acceptance by Maricopa County conditions as set forth in the Maricopa County binding Procurement Contract. Respondent agrees to fully comply with all terms and specifications and other documentary forms herewith made a part Code, of this and specific amendments thereto, together with the procurement. BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD THAT RESPONDENT HAS CONDITIONS LOCATED AT (https://www.maricopa.gov/DocumentCenterNiew/6453) CONTRACT'S TERMS AND BE CONTRACTUALLY BOUND TO THEM, AND AGREE TO Small Business Enterprise (SI3E) (?heOrzie,4- RESPONDENT FIRM) SUBMITTING PROPOSAL FE rl Aiiiimpo, ERA PRINTED PAA-N NAME &lac; AND Nu4si6IS 411 I NA.. 4,' • . 4,01 ' TITLE AUTHSRLZ l'Z32) 6 atmethacl d. ADDRESS _cp6a—oq---3mb tpb2 TELEPHONE FAX # Pliberoy Az_ CITY STATE ZIP DATE WEB SITE: 1,01DA) et) EMAIL ADDRESS: 7111(IfY_We cbtArk--51 cheV Cjt d MARICOPA COUNTY, ARIZONA Y: CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 190233-S GMPH ONE, INC. DBA: SOUTHWEST COLLISION, 622 S. HACIENDA DR. TEMPE, AZ 85281 SERIAL 190233-S NIGP CODE 92815 RESPONDENT'S NAME: GMPH One, Inc. DBA: DBA: Southwest Collision COUNTY VENDOR NUMBER: VS0000003494 ADDRESS: 622 S. Hacienda Dr. Tempe, AZ 85281 P.O. A DDRESS: TELEPHONE NUMBER: 480-968-5915 FACSIMILE NUM BER: 480-921-5435 WEB SITE: http://soutwestcollision.com CONTACT (REPRESENTATIVE): George Galowicz, Owner REPRESENTATIVE'S E-MAIL ADDRESS: service@southwestcollision.com Y ES NO WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [XI [X] NET 30 DAVS Unit Total Title Price Qty UofM Price Description Bidder Notes Body and Fender $46.00 4800 hour $220,800.00 Hourly rate for We are a 20+ Factory Certified repair/replace Labor Body and Collision Center: Acura, Buick, Rate Year 1 Fender work Cadillac, Chevrolet, Chrysler, for year one of Corvette, Dodge, Dodge SRT, the contract. Fiat, Ford, Ford F-150, GMC, Quantities are Honda, Hyundai, Infiniti, Jeep, annual based Kia, Lincoln, Mercedes-Benz, on sample data. Nissan, Nissan GT-R, RAM Actual Trucks, Volkswagen, Volvo quantities/hours https://www.southwestcollision.c may vary om/Manufacturer-Certified- Collision-Repair-Arizona Body and Fender $46.00 4800 hour $220,800.00 Hourly rate for We are a 20+ Factory Certified repair/replace Labor Body and Collision Center: Acura, Buick, Rate Year 2 Fender work Cadillac, Chevrolet, Chrysler, for year two of Corvette, Dodge, Dodge SRT, the contract. Fiat, Ford, Ford F-150, GMC, Honda, Hyundai, Infiniti, Jeep, Kia, Lincoln, Mercedes-Benz, Nissan, Nissan GT-R, RAM Trucks, Volkswagen, Volvo Frame repair Labor $46.00 360 hour $16,560.00 Hourly rate for We are a 20+ Factory Certified Rate Year 1 Frame work for Collision Center: Acura, Buick, year one of the Cadillac, Chevrolet, Chrysler, contract. Corvette, Dodge, Dodge SRT, Quantities are Fiat, Ford, Ford F-150, GMC, annual based Honda, Hyundai, Infiniti, Jeep, on sample data. Kia, Lincoln, Mercedes-Benz, Actual Nissan, Nissan GT-R, RAM quantities/hours Trucks, Volkswagen, Volvo may vary https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona SERIAL 190233-S GMPH ONE, INC. DBA: SOUTHWEST COLLISION Frame repair Labor $46.00 360 hour $16,560.00 Hourly rate for We are a 20+ Factory Certified Rate Year 2 Frame work for Collision Center: Acura, Buick, year two of the Cadillac, Chevrolet, Chrysler, contract. Corvette, Dodge, Dodge SRT, Quantities are Fiat, Ford, Ford F-150, GMC, annual based Honda, Hyundai, Infiniti, Jeep, on sample data. Kia, Lincoln, Mercedes-Benz, Actual Nissan, Nissan GT-R, RAM quantities/hours Trucks, Volkswagen, Volvo may vary https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona Mechanical $95.00 1100 hour $104,500.00 Hourly rate for We are a 20+ Factory Certified repair/replace Labor Mechanical Collision Center: Acura, Buick, Rate Year 1 work for year Cadillac, Chevrolet, Chrysler, one of the Corvette, Dodge, Dodge SRT, contract. Fiat, Ford, Ford F-150, GMC, Quantities Honda, Hyundai, Infiniti, Jeep, are annual Kia, Lincoln, Mercedes-Benz, based on Nissan, Nissan GT-R, RAM sample data. Trucks, Volkswagen, Volvo Actual https://www.southwestcollision.c quantities/hours om/Manufacturer-Certified- may vary Collision-Repair-Arizona Mechanical $95.00 1100 hour $104,500.00 Hourly rate for We are a 20+ Factory Certified repair/replace Labor Mechanical Collision Center: Acura, Buick, Rate Year 2 work for year Cadillac, Chevrolet, Chrysler, two of the Corvette, Dodge, Dodge SRT, contract. Fiat, Ford, Ford F-150, GMC, Quantities Honda, Hyundai, Infiniti, Jeep, are annual Kia, Lincoln, Mercedes-Benz, based on Nissan, Nissan GT-R, RAM sample data. Trucks, Volkswagen, Volvo Actual https://www.southwestcollision.c quantities/hours om/Manufacturer-Certified- may vary Collision-Repair-Arizona Paint Labor Rate $46.00 1500 hour $69,000.00 Hourly rate for We are a 20+ Factory Certified Year 1 Paint work for Collision Center: Acura, Buick, year one of the Cadillac, Chevrolet, Chrysler, contract. Corvette, Dodge, Dodge SRT, Quantities are Fiat, Ford, Ford F-150, GMC, annual based Honda, Hyundai, Infiniti, Jeep, on sample data. Kia, Lincoln, Mercedes-Benz, Actual Nissan, Nissan GT-R, RAM quantities/hours Trucks, Volkswagen, Volvo may vary https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona SERIAL 190233-S GMPH ONE, INC. DBA: SOUTHWEST COLLISION Paint Labor Rate $46.00 1500 hour $69,000.00 Hourly rate for We are a 20+ Factory Certified Year 2 Paint work for Collision Center: Acura, Buick, year two of the Cadillac, Chevrolet, Chrysler, contract. Corvette, Dodge, Dodge SRT, Quantities are Fiat, Ford, Ford F-150, GMC, annual based Honda, Hyundai, Infiniti, Jeep, on sample data. Kia, Lincoln, Mercedes-Benz, Actual Nissan, Nissan GT-R, RAM quantities/hours Trucks, Volkswagen, Volvo may vary https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona Standard inspection 1 hour Standard time We are a 20+ Factory Certified time in hours to Collision Center: Acura, Buick, complete set Cadillac, Chevrolet, Chrysler, up, measure the Corvette, Dodge, Dodge SRT, unibody and Fiat, Ford, Ford F-150, GMC, frame. Honda, Hyundai, Infiniti, Jeep, Approximate Kia, Lincoln, Mercedes-Benz, number of cars Nissan, Nissan GT-R, RAM repaired on Trucks, Volkswagen, Volvo annual basis. https://www.southwestcollision.c oin/Manufacturer-Certified- Collision-Repair-Arizona Standard Decal 1 hour Standard time We are a 20+ Factory Certified Removal in hours to Collision Center: Acura, Buick, Preparation Time complete Decal Cadillac, Chevrolet, Chrysler, Removal. Corvette, Dodge, Dodge SRT, Approximate Fiat, Ford, Ford F-150, GMC, number of Honda, Hyundai, Infiniti, Jeep, decals replaced Kia, Lincoln, Mercedes-Benz, annually Nissan, Nissan (IT-R, RAM Trucks, Volkswagen, Volvo https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona Standard 1 hour Standard time We are a 20+ Factory Certified Color/Sand/Buff per in hours to Collision Center: Acura, Buick, panel complete Cadillac, Chevrolet, Chrysler, painting, Corvette, Dodge, Dodge SRT, sanding and Fiat, Ford, Ford F-150, GMC, buffing per Honda, Hyundai, Infiniti, Jeep, vehicle panel. Kia, Lincoln, Mercedes-Benz, Approximate Nissan, Nissan GT-R, RAM number of Trucks, Volkswagen, Volvo panels annually https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona SERIAL 190233-S GMPH ONE, INC. DBA: SOUTHWEST COLLISION Standard Total Loss 1 hour Standard time We are a 20+ Factory Certified Tear Down Time in hours to Collision Center: Acura, Buick, complete a Cadillac, Chevrolet, Chrysler, vehicle tear Corvette, Dodge, Dodge SRT, down for a total Fiat, Ford, Ford F-150, GMC, loss. Honda, Hyundai, Infiniti, Jeep, Approximate Kia, Lincoln, Mercedes-Benz, number of Nissan, Nissan GT-R, RAM vehicles that Trucks, Volkswagen, Volvo are total losses https://www.southwestcollision.c in a year. om/Manufacturer-Certified- Collision-Repair-Arizona Parts Discount from 5.00% 1 per issue 5.00% Mark up We are a 20+ Factory Certified Retail percentage for Collision Center: Acura, Buick, parts and Cadillac, Chevrolet, Chrysler, materials Corvette, Dodge, Dodge SRT, utilized in Fiat, Ford, Ford F-150, GMC, repairs. Honda, Hyundai, Infiniti, Jeep, Kia, Lincoln, Mercedes-Benz, Nissan, Nissan GT-R, RAM Trucks, Volkswagen, Volvo https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona Material Refinish $30.00 1 each $30.00 Material We are a 20+ Factory Certified Rate Refinish Rate Collision Center: Acura, Buick, for paint Cadillac, Chevrolet, Chrysler, Corvette, Dodge, Dodge SRT, Fiat, Ford, Ford F-150, GMC, Honda, Hyundai, Infiniti, Jeep, Kia, Lincoln, Mercedes-Benz, Nissan, Nissan GT-R, RAM Trucks, Volkswagen, Volvo https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona Cost plus percentage 20.00% 1 each 20.00% Cost plus We are a 20+ Factory Certified for parts percentage for Collision Center: Acura, Buick, parts Cadillac, Chevrolet, Chrysler, Corvette, Dodge, Dodge SRT, Fiat, Ford, Ford F-150, GMC, Honda, Hyundai, Infiniti, Jeep, Kia, Lincoln, Mercedes-Benz, Nissan, Nissan GT-R, RAM Trucks, Volkswagen, Volvo https://www.southwestcollision.c om/Manufacturer-Certified- Collision-Repair-Arizona PRICING SHEET: NIGP CODE 92815 Terms: NET 30 Vendor Number: VS0000003494 Certificates of Insurance Required Contract Period: To cover the period ending May 31, 2021. SERIAL 190233-S ATTACHMENT B AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement. BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT (https://www.maricopa.gov/DocumentCenterNiew/6453) AND AGREE TO BE CONTRACTUALLY BOUND TO THEM. YES Small Business Enterprise (S BE) Southwest Collision and Car Care Center 202-746-703 611669966 RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS # George Galowiez, Owner PRINTED NAME AND TITLE AUTHORIZED SIGNATURE 622 S. Hacienda Dr. (480) 968-5915 (480) 921-5435 ADDRESS TELEPHONE FAX # Tempe AZ 85281 3/5/2019 CITY STATE ZIP DATE WEB SITE: http://southwestcollision.com EMAIL ADDRESS:service@southwestcollision.com MARICOPA COUNTY, ARIZONA BY: CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 190233-S AUTO BODY REPAIR; CARS AND LIGHT TRUCKS 1.0 INTENT: The intent of this Invitation for Bids (IFB) is to award a multi-vendor contract with qualified providers for automobile repair for County owned Passenger Cars and Light Trucks. This contract will cover all accident claims over one-thousand dollars ($1000.00) per vehicle, approximately two thousand two hundred (2200) vehicles/cars. The County may at its option choose to utilize this contract for vehicle repairs under one-thousand dollars ($1000.00). The County's Risk Management Department will determine which vehicles are assigned to an individual vendor based on a review of the proposed rates for repair, the estimated time for the repair, and the capability of the vendor to provide timely repairs. Maricopa County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County's best interest. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.7 and 3.8, below). The County reserves the right to add additional contractors, at the County's sole discretion, in cases where this contract does not meet the County's needs. 2.0 SCOPE OF SERVICES: 2.1 TECHNICAL REQUIREMENTS: 2.1.1 The Contractor shall furnish all labor, materials, equipment, and services required to perform the work on this contract. Work performed consists of, but is not limited to, panel repairs, removing dents, repairing collision damage, rust repairs/removal, refinishing and painting all or portions of vehicle bodies, and includes free pickup and delivery of vehicles including flat bedding when required. 2.1.2 DEFINITIONS: 2.1.2.1 Mechanical: front and rear suspension, drive train components, radiator condensers, air bags, and other sensors, steering columns, lights, computer controls and associated wiring, engines, transmissions, final drives, extension slides, hydraulic components, steering motors. 2.1.2.2 Body/fender: sheet metal components, glass, door and window mechanisms, latching devices, bumpers, trailer hatches, mounted accessories and devices (fuel tanks, tool boxes, emergency lighting, remote power equipment), dump beds, roll over protection security (ROPS). 2.1.2.3 Rework: Any services provided to the County that is deemed unacceptable and thus must be returned to the Contractor for the purposes of making corrections to the satisfaction of the County. 2.1.3 CONTRACTOR REQUIREMENTS: 2.1.3.1 EXPERIENCE: The contractors shall have been in the auto body collision repair business for a minimum of five (5) consecutive years and completely familiar with the specified requirements and methods needed for proper performance of this contract. Proof of these requirements must accompany bid package. (I.e. SERIAL 190233-S Business License or documentation showing how long contractor has been in business, when/if incorporated.) 2.1.3.2 BUSINESS HOURS: The contractors shall be open Monday through Friday, at a minimum, from 8:00 a.m. to 5:00 p.m. except on County holidays. 2.1.3.3 ESTIMATE GUIDE: The contractors shall utilize current estimating guide source (i.e., Mitchell, Audatex, CCC, etc.) and provide the estimate in its electronic format via email. Handwritten estimates will not be accepted. Estimates are subject to the Procedure Pages of the specific estimatics system to write the estimate. The County shall utilize the estimating guide source(s) to establish its required turnaround time for each repair. 2.1.3.4 I-CAR CERTIFICATION: The contractors' technicians and collision repair facility shall be inter-industry conference on automotive collision repair (I-CAR) gold certified. Subcontractors shall follow the same guidelines as specified in this IFB. Contractor shall have completed all necessary courses and received I-Car Gold Class Certification prior to contract award. Verification of the I-Car Gold Class Certification and completed schedule of classes shall be verified during the due diligence site evaluations. Contractor shall maintain said certification in good standing for the duration of the contract. 2.1.3.5 SAFETY STANDARDS: The contractors shall be in compliance with all current applicable Local, State and Federal Laws; Environmental and Safety Regulations, and Fire Codes. 2.1.3.6 QUALITY: The Contractors quality of finished work must meet equally all current standards in the preparation of metals to accept primers and paint, as set forth and exhibited by the vehicles collision industry. The successful bidders shall be required to produce quality work using the latest modern methods and paints, applied by knowledgeable and skilled workers, causing the repairs to conform to the original body alignment and contours and matching existing paint textures and colors. 2.1.3.7 DUST-FREE PAINT BOOTH: The contractors must have a dust free paint booth on site that fully complies with current environmental laws and regulations. 2.1.3.8 UNIBODY/FRAME SYSTEM: The Contractor(s) shall have a conventional and / or dedicated frame and uni- body repair bench system at the repair facility. The bench system shall be capable of making multiple body and structural pulls for straightening. A printout of the alignment (thrust and four-wheel alignment) shall be provided with each repair order -- no exceptions. A printed report detailing the accuracy of any frame repair shall accompany the final invoice. 2.1.3.9 AIR CONDITIONING REPAIR/RECHARGING SERVICES: The contractors shall have an air conditioning refrigerant recycling and charging system UL approved and meets all federal and state requirements. SERIAL 190233-S 2.1.3.10 WELDING: The contractors shall have appropriate welding equipment for body welding and utilize only I-CAR certified welders. Gas welding is not acceptable, no exceptions. The contractors shall make sure the vehicle computer systems and airbag triggers are disconnected prior to any welding performed. The contractors shall be responsible for total replacement of the vehicles on board computers and airbag components damaged due to negligence by not disconnecting the computers before performing welding. 2.1.3.11 VEHICLE HOIST: The contractors shall possess a fully functional vehicle hoist at all locations for inspections purposes. 2.1.3.12 HEADLIGHT AIMING: The contractors shall possess a fully functional headlight aiming tool/system. 2.1.3.13 PAINT REQUIREMENT: The contractors shall have on-site a complete paint mixing system for color matching requirements. The paint quality level shall be equal to the longevity of the original paint manufacturer's. 2.1.3.14 QUALITY CONTROL: All installations and fabrications shall be subject to the County quality control inspection. All rework shall be performed at no additional cost to the County. 2.1.3.15 VEHICLE SECURITY: The contractor's facility shall have an indoor or outdoor secure and locked parking lot with cameras/monitoring security system. The contractors are responsible for the security of all County vehicles while in possession. 2.1.4 BUSINESS REQUIREMENTS: 2.1.4.1 JOB ASSIGNMENTS: Awarded contractors will be sent repair vehicles at the discretion of County Risk Management or Equipment Services for the life of the contract. Vehicles will be picked up for repair on the same day the vendor is requested to pick up the vehicle when such requests are made before twelve (12) noon. Requests made after twelve (12) noon must be picked up by twelve (12) noon the following business day. 2.1.4.2 LOCATION OF ACCIDENT VEHICLE/TRANSPORT: All accident vehicles will be located at Maricopa County Equipment Services Department located at 3325 West Durango, Phoenix 85009. The contractors are responsible for all cost to transport the accident vehicles to and from their facility (except total loss vehicles ref. 2.1.3.11). The contractors shall not charge storage fees to the County. SERIAL 190233-S 2.1.4.3 PUBLIC SAFETY VEHICLES: The Contractors shall prioritize all repairs to County public safety vehicles over all other repairs of any vehicles from any other private or goverrunental entity in their facility. Public safety vehicles are owned by the County's agencies providing safety, health or welfare to the general public such as Sheriffs Department, Transportation Department, Flood Control Department, and Environmental Services Department, etc. 2.1.4.4 ESTIMATES: Within one (1) business day of receipt of the accident vehicle at their facility, the contractors shall prepare a written complete estimate (less any hidden damage) by an I-CAR certified technician for the required accident claim(s) and submit it to the designated County Representative. Special consideration for extensive or difficult repairs may be provided at the discretion of the adjuster, or representative. 2.1.4.4.1 All estimates shall reference the pricing page form Attachment A labor rate/labor hours; parts cost by component (at original equipment manufacturer (OEM), aftermarket and used rates when applicable) and provide an estimated date of completion. Contractor shall endeavor to provide the County with the most reasonable estimation of labor hours and parts required for each repair. County reserves the right to evaluate each estimate using its own claims adjuster or a contracted third party and may request adjustments in order to ensure the best value to the County (see section 2.1.3.7.3). 2.1.4.4.2 The Contractor shall inform the County Representative when the estimated repair costs exceed seventy percent (70%) of the vehicle value. 2.1.4.4.3 Paint materials shall be based on estimated refinish hours multiplied by the specific rate stated in Attachment A. Paint materials shall not be based on a cost plus percentage. The paint materials will be capped at four hundred fifty seven hundred dollars ($45-0 700) per vehicle repair. Special consideration for extensive or difficult repairs may be provided at the discretion of the Adjuster, or representative. 2.1.4.4.4 The materials formula will be full and final compensation for all materials needed for the repair. Repair or replacement parts will be decided based on the lowest cost to the County. Alternative parts, used parts or LKQ (like kind and quality), Aftermarket or AIM, reconditioned or remanufactured parts, or OEM parts less any discounts will be utilized based on whichever is least costly to the County. 2.1.4.4.5 When matters of quality and safety arise, the Adjuster and/or County representative shall be the ultimate decision maker for all repair and part replacement matters. Used parts should not be utilized if doing so may compromise safety. Used steering components, suspension assemblies, and brake parts shall not be utilized. Exceptions to the previous is used rear differential assemblies. 2.1.4.4.6 Color blending and removal of trim for refinishing shall be done at the discretion of the Adjuster and/or County representative. The Contractor shall be responsible for tinting of paint for color match. SERIAL 190233-S 2.1.4.4.7 All estimates shall include photos, with descriptive labels of content as the file name, of the damage and use a non-permanent sharpie/wax marker (color appropriate) to circle the damages and measurements of the dents. Photos shall include one of at least each of the following: four corners and manufactures tag. Photos shall also be provided that support all parts and labor estimated. 2.1.4.4.8 The contractor(s) shall contact Risk Management by phone or by e- mail (phone number and address to be provided), and submit the preliminary estimate to the assigned adjuster. 2.1.4.4.9 Risk Management's Adjuster shall within three (3) days approve the estimate from the contractor(s) of the subject vehicle(s) prior to any repair work being performed. The County reserves the right to assign an Appraiser to give an estimate of repair costs. 2.1.4.4.10 When approved Risk Management shall issue a claim number to the contractor authorizing the repairs. When claim numbers have not yet been assigned, the County assigned vehicle identification number shall be utilized. 2.1.4.4.10.1 The County reserves the right to utilize the contractors on this contract for estimates less than one thousand dollars ($1000.00) if it's determined to be in the best interest to the County. 2.1.4.5 DISPUTES ON ESTIMATES: If the County's Adjuster and/or County representative disputes an estimate(s) from the contractor(s); all parties must discuss/re-evaluate the estimate and come to an agreement. The lower cost estimate will be used for accident claim(s). If no agreement is made the County reserves the right to go to another awarded Contractor or the contractor(s) can submit in writing a "decline to repair" the vehicle under the County's suggested estimate. This is not intended to terminate the contractor from future accident claims only to move forward on the repairs. 2.1.4.6 HIDDEN DAMAGE: During the course of repair, if additional damages are found that were not included in the original estimate; the contractors shall contact Risk Management to re-inspect and/or approve. A written supplement shall be submitted by Email (to be provided) to the attention: Claims Adjuster at Maricopa County Risk Management Department. 2.1.4.7 REPAIRS: 2.1.4.7.1 The Contractors shall guarantee and demonstrate that all structural procedures performed meet or exceed OEM specifications. The Contractor shall utilize modern, well maintained tools, and perform all repairs according to the vehicle's factory recommended repair techniques and according to industry standards. If no repair techniques are recommended, then I-CAR procedures are to be used. 2.1.4.7.2 Paint materials may not exceed the four hundred fifty seven hundred dollars ($45-0 700.00) paint material cap. 2.1.4.7.3 County shall calculate its required turnaround time for all repairs, utilizing the following formula: Estimated Repair Hours x 1.5 8 SERIAL 190233-S Downtime based on this formula shall commence promptly when repair cost approval is provided by the Adjuster and/or County representative. The formula is intended to provide appropriate time for repairs to include weekend days when the facility may be closed for business, but County holidays shall not be included in the downtime calculation. Special consideration may be provided for larger repairs or extenuating circumstances at the discretion of the Adjuster and/or County representative. Any repair requiring paintwork will have a minimum repair time allowance of three (3) business days. The County Adjuster and/or County representative shall be notified when a part backorder will create a delay in the completion of repairs. Contractor shall provide an explanation on the estimate documentation if the Contractor's estimated turnaround time falls outside of the number of days set forth with this formula. 2.1.4.8 REPAIR STATUS REPORTING: Contractor shall provide Risk Management with detailed status reports for each vehicle currently undergoing repairs on a weekly basis. In the event of a change in completion date, Contractor shall immediately provide County with a revised date of completion, a detailed explanation of the cause and the corrective action that will be taken by Contractor to avoid further and/or similar delays. Recurring incidents of completion date revisions for similar causes may be considered grounds for corrective action by County. 2.1.4.9 PARTS REQUIREMENT: Contractors shall follow the directions of the County's Adjuster and/or County representative regarding when to use OEM, aftermarket, or used parts for replacement/repair. For each repair the contractors shall provide an invoice listing OEM or aftermarket, used parts purchased for the assigned vehicle. The contractors shall keep all the old parts from the damaged vehicle(s) for inspection by Risk Management. 2.1.4.10 WARRANTY: The contractors shall provide a written warranty of minimum of five (5) years on labor or until the County auctions the vehicle, whichever is greater. Parts shall be covered by the manufacturer's or reseller's warranty, a copy of which shall be provided to County with the invoice. The effective warranty date shall be the release date by Risk Management. The warranty obligations shall survive the expiration or termination of this agreement. 2.1.4.11 DETERMINATION OF A "TOTAL LOSS "VEHICLE: In cases where a vehicle must be dismantled in order to determine if it is a "total loss" it will be the responsibility of the Contractors, before the vehicle is dismantled, to contact the assigned adjuster at Risk Management and get approval for the vehicle to be dismantled. 2.1.4.11.1 The County will utilize our own County Towing contract for total loss vehicles. SERIAL 190233-S 2.1.4.12 DELIVERY AND INSPECTION OF VEHICLES: 2.1.4.12.1 Vehicles shall be repaired and delivered to Equipment Services Department at 3325 West Durango Street, Phoenix, Arizona 85009 per the timeframe established in Section 2.1.3.7.3. Vehicles shall be delivered clean and ready for use. 2.1.4.12.2 Risk Management is responsible for approving and inspecting all accident repairs by photographs, at either the Contractor's facility or at Equipment Services Department. The invoice shall match the approved estimate. If Risk Management does not accept the repairs, the contractor is required to make corrections in the time frame required by RM at no additional cost to the County. The contractors are responsible for the transport to and from their facility at no cost to the County. 2.1.4.12.3 Upon delivery to Equipment Services Department, the contractor shall provide a copy of the invoice as a receipt for the vehicle file. 2.1.4.12.3.1 Equipment Services Department involvement is only to receive and complete the required information to release the repaired vehicle back to the using agency. 2.1.4.12.4 Failure to comply with terms of this contract including but not limited to poor quality work and inadequate repairs may result in termination of the Contract. 2.1.4.13 SITE VISITS, PERFORMING DUE DILIGENCE: A site inspection may be performed by Risk Management and/or Equipment Services personnel in the evaluation process prior to award. The inspection is to determine the contractor's facility has the ability to perform such repairs as specified herein. Failure to meet any requirements is cause for the County to reject a bid. The County reserves the right to visit the contractor's facility at any time after an award has been made. A written determination of responsibility will be issued to the Office of Procurement Services based on the following criteria: 2.1.4.13.1 Adequate personnel with knowledge. 2.1.4.13.2 Adequate shop capacity, equipment and tools required to perform the specifications. 2.1.4.13.3 Vendor reference check. 2.1.4.14 CONTRACTOR PERSONNEL: The County reserves the right to have the Contractor remove from servicing the Contract any employee of the Contractor that the County deems to not be in the best interest of the County. The Contractor shall provide suitable replacement personnel to meet the needs of the County within twenty-four (24) hours of the County's request. 3.0 PURCHASING REQUIREMENTS: 3.1 BACKGROUND CHECK: Bidders/proposers need to be aware that there may be multiple background checks (Sheriffs 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 SERIAL 190233-S not limited to) the company, subcontractors and employees and the failure to pass these checks shall deem the respondent non-responsible. 3.2 INVOICES AND PAYMENTS: 3.2.1 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 (if applicable) Invoice number and date Claim Number or vehicle unit number Payment terms Date of service or delivery Labor rate per category Pricing per discount Extended price Total Amount Due Tax rate Total taxable amount • Taxable items must be itemized or individually identified as taxable 3.2.2 If Contractor fails to comply with the above invoicing guidelines, County reserves the rights to: 3.2.2.1 Withhold payment until such time as Contractor can provide appropriately formatted invoice at no penalty to County for late payment. 3.2.2.2 If County deems that a pattern of improper invoicing has developed, County may issue Notice to Cure. Failure to cure could result in determination of default and termination of the Vendor from the contract. 3.2.2.3 In no event shall a vehicle repair be delayed or a vehicle be held by Contractor during the period of an invoice dispute. 3.2.3 Problems regarding billing or invoicing shall be directed to the Department as listed on the Purchase Order. 3.2.4 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 located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/922/Vendors). 3.2.5 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 3.2.6 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 required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.3 APPLICABLE TAXES: 3.3.1 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 SERIAL 190233-S 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. 3.3.2 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. 3.3.3 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. 3.4 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. 3.5 PERFORMANCE: Contractors shall be responsible for providing quality repairs in a timely manner while using every opportunity to contain costs. If a contractor requires rework on more than two vehicle repairs in any thirty (30) day period or if the contractor's time to repair exceeds the allowable time, the contractor may be required to provide a quality improvement plan subject to County approval. If the need for re-work continues County may exercise any of its rights under this contract, including suspension of work (Section 4.11), issuance of a stop work order (Section 4.12), or termination for default (Section 4.14). 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. 3.6 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. 3.7 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. 3.8 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. SERIAL 190233-S 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 two (2) years. 4.2 OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of four (4) additional years, (or at the County's sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County's intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. 4.3 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. 4.4 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) 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 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. 4.5 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, 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 there from, 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, any one 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. SERIAL 190233-S 4.6 INSURANCE: 4.6.1 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 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 Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.6.4 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. 4.6.5 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. 4.6.6 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. 4.6.7 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. 4.6.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella 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 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. SERIAL 190233-S 4.6.10 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. 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. 4.6.11 Certificates of Insurance: 4.6.11.1 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. 4.6.11.2 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. 4.6.11.3 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. 4.6.12 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. 4.7 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, interruption or failure of electricity or telecommunication service. 4.7.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each Party must use best SERIAL 190233-S 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 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. 4.9 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION: 4.9.1 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. 4.9.2 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. 4.10 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. 4.11 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. 4.12 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: 4.12.1 Cancel the stop work order; or 4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience clause of this Contract. SERIAL 190233-S 4.12.3 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. 4.13 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.14 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: 4.14.1 Deliver the supplies or to perform the services within the time specified in this Contract or any extension; 4.14.2 Make progress, so as to endanger performance of this Contract; or 4.14.3 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. 4.15 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. 4.16 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. 4.17 SUBCONTRACTING: 4.17.1 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. 4.17.2 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. SERIAL 190233-S 4.18 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. 4.19 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. 4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.20.1 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. 4.20.2 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. 4.21 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. 4.22 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. 4.23 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. 4.24 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. 4.25 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. SERIAL 190233-S 4.26 RELATIONSHIPS: 4.26.1 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. 4.26.2 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. 4.27 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. 4.28 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 4.28.1 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; 4.28.1.1 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; 4.28.1.2 have not within a three (3) year period preceding this Contract: 4.28.1.2.1 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; and 4.28.1.2.2 been convicted of violation of any Federal or State antitrust statues 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; 4.28.1.2.3 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. 4.28.1.2.4 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include SERIAL 190233-S with your bid an explanation of the matter including any final resolution. 4.28.2 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. 4.29 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.29.1 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. 1-9 forms are available for download at USCIS.GOV . 4.29.2 The County retains the legal right to inspect Contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.29.1 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. 4.30 CONTRACTOR LICENSE REQUIREMENT: 4.30.1 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. 4.30.2 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. SERIAL 190233-S 4.31 INFLUENCE: As prescribed in MCI-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: 4.31.1 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, 4.31.2 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. 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. 4.32 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. 4.33 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. 4.34 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. SERIAL 190233-S 4.35 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. 4.36 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.