190025-CONTRACT.PDF

SERIAL 190025 S CONSTRUCTION EQUIPMENT RENTAL WITH OPERATOR
DATE OF LAST REVISION: October 24, 2018 CONTRACT END DATE: October 31, 2020
CONTRACT PERIOD THROUGH OCTOBER 31, 2020
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for CONSTRUCTION EQUIPMENT RENTAL WITH OPERATOR
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 October 24, 2018 (Eff. 11/01/18).
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.
BG/mm
Attach
Copy to: Office of Procurement Services
Martie Harrell, MCDOT
(Please remove Serial 12113-S from your contract notebooks)

SERIAL 190025 S
LINCOLN CONSTRUCTORS INC., 3028 W. LINCOLN ST., PHOENIX, AZ 85009
COMPANY NAME: Lincoln Constructors Inc.
DOING BUSINESS AS (dba): LCI-AZ
MAILING ADDRESS: 3028 W. Lincoln St., Phoenix, AZ 85009
REMIT TO ADDRESS: 3028 W. Lincoln St., Phoenix, AZ 85009
TELPHONE NUMBER: 602-595-4973
FAX NUMBER: 602-595-5089
WWW ADDRESS:
REPRESENTATIVE NAME: Bob Sanders
REPRESENTATIVE TELEPHONE NUMBER: 602-316-3800
REPRESENTATIVE EMAIL ADDRESS bobs@lci-az.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL
ENTITIES TO PURCHASE FROM THIS
CONTRACT:
2% 10 DAYS NET 30 DAYS
FIRST CALL
Lot: Motor Grader
Item Qty Unit Price
YEAR 1 1 hour 115
YEAR 2 1 hour 120
MOBOLIZATION 1 each 500
OUTSIDE 36 MILE RADIUS 1 Single charge 750
Lot: Bulldozer
Item Qty Unit Price
YEAR 1 1 hour 225
YEAR 2 1 hour 235
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1250
Lot: Front End Loader
Item Qty Unit Price
YEAR 1 1 hour 115
YEAR 2 1 hour 120
MOBOLIZATION 1 each 500
OUTSIDE 36 MILE RADIUS 1 Single charge 750
Lot: Motor Scraper
Item Qty Unit Price
YEAR 1 1 hour 181
YEAR 2 1 hour 191
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1250

SERIAL 190025 S
LINCOLN CONSTRUCTORS INC.
Lot: Dump Truck
Item Qty Unit Price
YEAR 1 1 hour 110
YEAR 2 1 hour 115
MOBOLIZATION 1 each 110
OUTSIDE 36 MILE RADIUS 1 Single charge 220
Lot: GRADALL Model 600
Item Qty Unit Price
YEAR 1 1 hour 250
YEAR 2 1 hour 300
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1250
Lot: GRADALL Model 800
Item Qty Unit Price
YEAR 1 1 hour 250
YEAR 2 1 hour 250
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1250
Lot: GRADALL Model 1000
Item Qty Unit Price
YEAR 1 1 hour 275
YEAR 2 1 hour 300
MOBOLIZATION 1 each 950
OUTSIDE 36 MILE RADIUS 1 Single charge 1500
Lot: Concrete Pump
Item Qty Unit Price
YEAR 1 1 hour 250
YEAR 2 1 hour 275
MOBOLIZATION 1 each 250
OUTSIDE 36 MILE RADIUS 1 Single charge 150
Lot: Concrete Pump w/boom attachment
Item Qty Unit Price
YEAR 1 1 hour 375
YEAR 2 1 hour 375
MOBOLIZATION 1 each 1500
OUTSIDE 36 MILE RADIUS 1 Single charge 2500

SERIAL 190025 S
LINCOLN CONSTRUCTORS INC.
Lot: Heavy Equipment
Item Qty Unit Price
YEAR 1 1 hour 350
YEAR 2 1 hour 350
MOBOLIZATION 1 each 1500
OUTSIDE 36 MILE RADIUS 1 Single charge 2500
Lot: Belly Dump 20 cu yd capacity
Item Qty Unit Price
YEAR 1 1 hour 135
YEAR 2 1 hour 135
MOBOLIZATION 1 each 135
OUTSIDE 36 MILE RADIUS 1 Single charge 270
Lot: Asphalt Wheel Mounted Paver
Item Qty Unit Price
YEAR 1 1 hour 950
YEAR 2 1 hour 950
MOBOLIZATION 1 each 950
OUTSIDE 36 MILE RADIUS 1 Single charge 1800
Lot: Water Truck (2000 gallon)
Item Qty Unit Price
YEAR 1 1 hour 95
YEAR 2 1 hour 95
MOBOLIZATION 1 each 95
OUTSIDE 36 MILE RADIUS 1 Single charge 200
Lot: Water Truck (4000 gallon)
Item Qty Unit Price
YEAR 1 1 hour 110
YEAR 2 1 hour 110
MOBOLIZATION 1 each 110
OUTSIDE 36 MILE RADIUS 1 Single charge 220
Lot: Crawler Loader 3 Cu Yds
Item Qty Unit Price
YEAR 1 1 hour 225
YEAR 2 1 hour 225
MOBOLIZATION 1 each 500
OUTSIDE 36 MILE RADIUS 1 Single charge 750

SERIAL 190025 S
LINCOLN CONSTRUCTORS INC.
Lot: Excavator with Thumb (CAT320)
Item Qty Unit Price
YEAR 1 1 hour 155
YEAR 2 1 hour 145
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1250
Lot: Excavator with Thumb (Kamatsu 300 PCL-s)
Item Qty Unit Price
YEAR 1 1 hour 165
YEAR 2 1 hour 165
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1250
Lot: Semi End Dump
Item Qty Unit Price
YEAR 1 1 hour 135
YEAR 2 1 hour 135
MOBOLIZATION 1 each 135
OUTSIDE 36 MILE RADIUS 1 Single charge 270
Lot: Loader Struck Capacity - 4 yds
Item Qty Unit Price
YEAR 1 1 hour 155
YEAR 2 1 hour 155
MOBOLIZATION 1 each 750
OUTSIDE 36 MILE RADIUS 1 Single charge 1500
NIGP CODE: 97535
Terms: 2% 10 DAYS NET 30
Vendor Number: VC0000002489
Certificates of Insurance Required
Contract Period: To cover the period ending October 31, 2020.


SERIAL 190025 S
QUALEX CONSTRUCTION, INC, P.O. BOX 697, TONOPAH, AZ 85354
COMPANY NAME: QUALEX CONSTRUCTION, INC
DOING BUSINESS AS (dba):
MAILING ADDRESS: P O BOX 697
REMIT TO ADDRESS: P.O. BOX 697, TONOPAH, AZ 85354
TELPHONE NUMBER: 623-386-9110
FAX NUMBER: NA
WWW ADDRESS: qualexcnst@aol.com
REPRESENTATIVE NAME: BRIAN L BEETER
REPRESENTATIVE TELEPHONE NUMBER: 623-386-9110
REPRESENTATIVE EMAIL ADDRESS qualexcnst@aol.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL X
ENTITIES TO PURCHASE FROM THIS
CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR X
PAYMENT:
NET 30 DAYS
SECOND CALL
Lot: Motor Grader
Item Qty Unit Price
YEAR 1 1 hour 206.5
YEAR 2 1 hour 214.76
MOBOLIZATION 1 each 850
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Bulldozer
Item Qty Unit Price
YEAR 1 1 hour 383.5
YEAR 2 1 hour 398.5
MOBOLIZATION 1 each 1300
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Motor Scraper
Item Qty Unit Price
YEAR 1 1 hour 380
YEAR 2 1 hour 395
MOBOLIZATION 1 each 1800
OUTSIDE 36 MILE RADIUS 1 mile 2.49

SERIAL 190025 S
QUALEX CONSTRUCTION, INC.
Lot: Dump Truck
Item Qty Unit Price
YEAR 1 1 hour 156
YEAR 2 1 hour 162.24
MOBOLIZATION 1 each 324.48
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Belly Dump 20 cu yd capacity
Item Qty Unit Price
YEAR 1 1 hour 185
YEAR 2 1 hour 192.4
MOBOLIZATION 1 each 384.8
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Water Truck (2000 gallon)
Item Qty Unit Price
YEAR 1 1 hour 163
YEAR 2 1 hour 168
MOBOLIZATION 1 each 326
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Water Truck (4000 gallon)
Item Qty Unit Price
YEAR 1 1 hour 168
YEAR 2 1 hour 174.72
MOBOLIZATION 1 each 349.44
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Excavator with Thumb (CAT320)
Item Qty Unit Price
YEAR 1 1 hour 338
YEAR 2 1 hour 363
MOBOLIZATION 1 each 1350
OUTSIDE 36 MILE RADIUS 1 mile 2.49
Lot: Loader Struck Capacity - 4 yds
Item Qty Unit Price
YEAR 1 1 hour 224.2
YEAR 2 1 hour 233.17
MOBOLIZATION 1 each 1300
OUTSIDE 36 MILE RADIUS 1 mile 2.49

SERIAL 190025 S
QUALEX CONSTRUCTION, INC.
EXHIBIT 1 PRICING
THE FOLLOWING ARE THE BASE EQUIPMENT RENTAL RATES PER HOUR EQUIPMENT RENTAL WITH
OPERATOR. This rate includes Operator, Fuel, maintenance costs.
Hourly Hourly Per Mile (Over
[Year 1] [Year 2] Mobilization 36 miles)
D5G Caterpillar Dozer or equal $258.00 $268.32 $536.64 $2.49
D6 G Dozer w/ripper & 6 way dozer or equal $295.00 $295.00 $605.00 $2.49
623 Caterpillar Scraper or equal $459.00 $474.24 $948.48 $2.49
8000 gal Caterpillar Water Pull or equal $389.00 $406.00 $948.48 $2.49
613 Caterpillar Scraper or equal $380.00 $395.20 $790.40 $2.49
John Deere 690 Excavator or equal $306.80 $319.07 $638.14 $2.49
Link Belt 4300 Excavator with compactor wheel or
equal $278.00 $290.00 $580.00 $2.49
Caterpillar 304 Excavator or equal $186.00 $193.44 $386.88 $2.49
Caterpillar 928 Front End Loader $206.50 $214.76 $429.52 $2.49
Gradall Model 4100 or equal $271.40 $282.26 $564.51 $2.49
John Deere 644 Loader or equal $224.20 $233.17 $466.34 $2.49
John Deere 410 Backhoe or equal $200.60 $208.62 $417.25 $2.49
John Deere 210 Skip Loader or equal $194.70 $202.49 $404.98 $2.49
Ingersoll Rand 125 Rubber Tired Roller or equal $206.50 $214.76 $429.52 $2.49
Ingersoll Rand DD-110 Double Drum Roller or equal $232.46 $241.76 $483.52 $2.49
Caterpillar 323 Vibratory padfoot compactor or equal $223.02 $231.94 $463.88 $2.49
Rosco RB 4670 Kick Broom or equal $213.58 $222.12 $444.25 $2.49
Vermeer 1250 Wood Chipper or equal $233.64 $242.99 $485.97 $2.49
Bobcat 843 Skid Steer or equal $194.70 $202.49 $404.98 $2.49
Caterpillar 279 Skid Steer with Mulcher Head attached $185.00 $192.40 $384.80 $2.49
Agco 185 Horse Power Tractor with mower
attachment,disc, grid roller or equal $194.70 $202.49 $404.98 $2.49
Crafco Series 11 Applicators Crack Sealer or equal
withpickup $233.64 $242.99 $485.97 $2.49
Leeboy Asphalt Paver or equal $926.84 $963.88 $1,927.76 $2.49
16 wheel Dump Truck $168.00 $174.72 $349.44 $2.49
Truck Mounted Propatch Pot Hole Patcher or equal $185.00 $192.40 $384.80 $2.49
Brush or Highway Debris Truck with 16 yard capacity or
equal $160.00 $166.40 $332.80 $2.49
Five Axle Truck with Bayless Rock Shooter
Attachedwith remote control or equal $179.00 $186.16 $372.32 $2.49
Finn 330 Hydroseeder attached on tandem axle truck or
equal $324.50 $337.48 $674.96 $2.49
Truck mounted attenuator $160.00 $166.40 $332.80 $2.49
Truck mounted pressure washer $160.00 $166.40 $332.80 $2.49
Truck mounted sand blaster $160.00 $166.40 $332.80 $2.49
Truck with road debris rake $160.00 $166.40 $332.80 $2.49
Foreman with pickup
Confined space personal
Concrete Finisher

SERIAL 190025 S
QUALEX CONSTRUCTION, INC.
Hourly Hourly Per Mile (Over
[Year 1] [Year 2] Mobilization 36 miles)
Laborer with small tools
Owner requested supplies and or materials if available,
cost plus
Additional equipment will be added to this contract as it is placed on our construction equipment rental with operator
inventory or if requested by customer and it is available.
NIGP CODE: 975-35
Terms: NET 30
Vendor Number: VC0000008342
Certificates of Insurance Required
Contract Period: To cover the period ending October 31, 2020.


SERIAL 190025 S
CONSTRUCTION EQUIPMENT RENTAL WITH OPERATOR
1.0 INTENT:
The intent of this Invitation for Bids is to award a contract to the lowest priced, responsive, responsible
bidder(s) for rental of construction equipment, including operator and delivery.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.9 and 3.10, below).
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.
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:
THE FOLLOWING LIST IS NOT ALL-INCLUSIVE. BIDDERS ARE TO INDICATE ALL OTHER
EQUIPMENT THAT THEY HAVE AVAILABLE FOR RENTAL WITH OPERATOR ON BY
ATTACHING A DOCUMENT TO BIDSYNC.
ADJUSTMENT
2.1 EQUIPMENT TYPE: FUEL BASES
GAL PER HOUR
2.1.1 Motor Grader 5.0
Minimum Flywheel HP-135
Make and Model CAT140G
or equal
2.1.2 Bulldozer 8.0
Minimum Flywheel HP-300
Make and Model CATD8K
or equal
2.1.3 Front End Loader 5.0
Struck Capacity-4 cu yds
Make and Model CAT966
or equal
2.1.4 Motor Scraper 9.0
Self Loading (Elevating)
Struck Capacity-11 cu yds
Make and Model CAT613
or equal
2.1.5 Dump Truck 6.0
(10 Wheeler)
Highway Type
Struck Capacity-12 cu yds
Make and Model INT 1800 LOADSTAR
or equal
2.1.6 GRADALL, model 600 6.0
or equal
2.1.7 GRADALL, model 800 8.0

SERIAL 190025 S
or equal
2.1.8 GRADALL, model 1000 9.0
or equal
2.1.9 Concrete Pump N/A
2.1.10 Concrete N/A
Pump w/boom attachment
2.1.11 Heavy Equipment 9.0
Hauling (D8 Dozer)
2.1.12 Belly Dump 20 cu yd capacity 6.0
2.1.13 Asphalt wheel mounted paver 5.0
10’ basic width 20’ maximum width
Make and Model CAT AP 1000
or equal
2.1.14 Water Truck (2000 gallon capacity) 5.0
canal fill
2.1.15 Water Truck (4000 gallon capacity) 6.0
canal fill
2.1.16 Crawler Loader 3 cu yds 6.0
Make and Model CAT963
or equal
2.1.17 Excavator with Thumb 4.0
Make and Model CAT320
or equal
2.1.18 Excavator with Thumb 5.0
Make and Model Komatsu 300 PCL-s
or equal
2.1.19 Bobcat, Make and Model 753, 853 1.5
or equal
2.1.20 Semi End Dump 20 cu yd capacity 9.0
2.1.21 Loader Struck Capacity-4 yds 6.5
Make and Model JD644G
or equal
2.2 ASPHALT PAVER:
The wheel mounted paver shall be a CAT AP 1000 or equivalent manufactured during or after
1995. The paver shall also have a screed capable of paving a minimum road width of 14' in one
pass.
The asphalt paver rental rate shall include an operator and a screed person.
2.3 OPERATORS/MAINTENANCE:
The rental rate includes operator, fuel, oil, lubrication, all maintenance, etc., and the delivery
charge includes one complete cycle of delivery and pickup. The transportation charge is a mileage
rate for moving the item of rental equipment outside a 36 mile radius of the MCDOT Durango
Complex; (2701 West Durango Street, Phoenix, AZ. 85009) and therefore, the total payment for

SERIAL 190025 S
each work period would normally be two (2) times that rate times the one-way distance from the
pickup point to the work site.
2.4 OVERTIME:
All hours over forty (40) during a given work week (Monday-Friday) will be billable at 1.5 times the
hourly rate.
2.5 OPERATORS/EXPEREINCE, QUALIFICATIONS:
Operator shall have three (3) years minimum experience to be qualified to operate the equipment.
2.6 EQUIPMENT OPERATION:
Equipment will be operated for eight (8) hours each day during weekdays Monday through Friday.
The County will notify the Contractor seven (7) days in advance of each work period requirement
stating the type of equipment, the site of work and the number of days equipment is to be used. The
Contractor shall deliver and unload the equipment at the site before 7:00 a.m. on the day required.
At County option this may be modified to a ten (10) hour day Monday – Thursday.
The Contractor shall load and remove the equipment from the work site on the last day of the
required work period after 4:00 p.m. The minimum required work period shall be eight (8) hours for
each piece of equipment for each request.
2.7 SECURITY:
The Contractor shall at all times be responsible for the security of the equipment provided whether or
not it is on County property.
2.8 GEOGRAPHIC AREAS:
For purposes of this bid, Maricopa County area has been divided into four (4) geographic areas:
2.8.1 Zone 1 - All areas west of I-17 and north of Interstate10 (I-10).
2.8.2 Zone 2 - All areas west of I-17 and south of Interstate 10 (I-10).
2.8.3 Zone 3 - All areas east of I-17 and north of Interstate 10 (I-10).
2.8.4 Zone 4 - All areas east of I-17 and south of Interstate 10 (I-10).
Please see Exhibit 4 for Geographic Area Map
2.9 ORDERING:
Each activity having need of this contract service shall provide to each vendor a list of individuals
who are authorized to request rental of a piece of equipment. All rentals shall be by Purchase order
only. No deposits or retention of any type will be authorized.
3.0 PURCHASING REQUIREMENTS:
3.1 ACCEPTANCE:
Upon completion, services shall be deemed accepted and the warranty period shall begin. All
documentation shall be completed prior to final acceptance.

SERIAL 190025 S
3.2 USAGE REPORT:
The Contractor shall furnish the County a usage report upon re quest 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.
3.3 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.
3.4 INVOICES AND PAYMENTS:
3.4.1 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
3.4.2 Problems regarding billing or invoicing shall be directed to the Department as listed on
the Purchase Order.
3.4.3 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).
3.4.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.4.5 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
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.5 APPLICABLE TAXES:
3.5.1 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 190025 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.
3.5.2 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.
3.5.3 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.
3.6 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.
3.7 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.
3.8 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.
3.9 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.
3.10 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.
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.

SERIAL 190025 S
4.2 OPTION TO RENEW:
The County may, at its option and with the concurrence of the Contractor, renew the term of this
Contract up to a maximum of three (3) 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 annual anniversary date. 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 FUEL COST PRICE ADJUSTMENT:
4.5.1 This provision provides for limited increased or decreased costs of motor fuels (fuels)
used to perform services under this Contract. This provision does not apply to burner fuel
(i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only. Fuel cost
adjustments may be either positive or negative. A positive fuel cost adjustment will result
in an increase in payments to Contractor while a negative fuel cost adjustment will result
in a decrease in payments to Contractor.
4.5.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost
fluctuations that may occur during the term of this Contract. This provision is not
designed to estimate actual quantities of fuel used in providing services under this
Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on
average conditions.
4.5.3 Application of this provision will come into effect upon the County’s acceptance of
Contractor submittal of a fuel cost adjustment request. A request may be submitted only
when the increased cost of fuel, established as a percentage of total contract price (base
fuel cost) upon award of this Contract, exceeds ten (10%) percent of the base fuel cost.
The Contractor may request a fuel surcharge no more than four (4) times annually, during
the month(s) of March, June, September, and December. The request must be submitted
no later than the tenth (10th) of the month. Any surcharge shall be effective the first of the
following month after receipt and approval. The date of County approval of a fuel cost
adjustment request shall become the base date for any future Contractor adjustment
requests.
4.5.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel
represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A,
Vendor Information). This percentage will represent and establish the base fuel cost for
this Contract. The base fuel cost shall be established as the due date for submission of

SERIAL 190025 S
bids for this Contract. All subsequent fuel cost adjustments shall be based upon the date
the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost
adjustment approved by County on January 1, 2017, January 1, 2017 becomes base date
for any next Contractor request for adjustment).
4.5.5 Fuel Cost Application Requirement. The Contractor must provide documentation
including type of motor fuel and fuel invoices with price of the fuel used in providing
services under this Contract, from the month bids were due and the month of the cost
adjustment request, with any fuel cost adjustment application. The fuel cost adjustment
application must be completed with all applicable data, and signed by the Contractor.
Any cost adjustment will be calculated by the County by using the bureau of Labor
Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel –
WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp).
4.5.6 The fuel surcharge shall be based on the current quarterly index of the West Coast
(PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to
the previous quarterly index period as reported on the Energy Information Administration
(EIA) website: (http://www.eia.doe.gov/)
4.5.7 The computation of the fuel surcharge amount shall be determined as follows:
4.5.7.1 The fuel cost component from Attachment A (vendor information) of the
Contract with Maricopa County, multiplied by the percent of change indicated
by the EIA report from the previous index period.
4.5.7.2 Upon agreement by the County to the surcharge, the County shall issue written
approval of the change prior to any adjusted invoicing submitted for payment.
4.5.7.3 The surcharge shall be added as a separate line item to the invoice.
4.6 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 190025 S
4.7 INSURANCE:
4.7.1 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.
4.7.2 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.
4.7.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
4.7.4 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.
4.7.5 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.
4.7.6 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.
4.7.7 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.
4.7.8 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.
4.7.9 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.
4.7.10 Workers’ Compensation:

SERIAL 190025 S
4.7.10.1 Workers’ Compensation insurance to cover obligations imposed by Federal and
State statutes having jurisdiction of Contractor’s employees engaged in the
performance of the work or services under this Contract; and Employer’s
Liability insurance of not less than $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit.
4.7.10.2 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.
4.7.11 Certificates of Insurance:
4.7.11.1 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.
4.7.11.2 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.
4.7.11.3 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.
4.7.12 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.
4.8 FORCE MAJEURE:
4.8.1 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.
4.8.2 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 190025 S
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
4.8.3 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.
4.8.4 The County shall reserve the right to terminate this Contract and/or any applicable order
or contract release purchase order upon non-performance by Contractor. The County
shall reserve the right to extend the Contract and time for performance at its discretion.
4.9 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.
4.10 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
4.10.1 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.
4.10.2 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.
4.11 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.
4.12 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.
4.13 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:

SERIAL 190025 S
4.13.1 Cancel the stop work order; or
4.13.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience clause of this Contract.
4.13.3 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.
4.14 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.15 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:
4.15.1 Deliver the supplies or to perform the services within the time specified in this Contract
or any extension;
4.15.2 Make progress, so as to endanger performance of this Contract; or
4.15.3 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.
4.16 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.
4.17 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.
4.18 SUBCONTRACTING:
4.18.1 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.

SERIAL 190025 S
4.18.2 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.
4.19 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.
4.20 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.
4.21 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.21.1 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.
4.21.2 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.
4.22 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.
4.23 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.
4.24 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.

SERIAL 190025 S
4.25 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.
4.26 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.
4.27 RELATIONSHIPS:
4.27.1 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.
4.27.2 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.
4.28 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 Governor of the State of Arizona 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.
4.29 ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9,
A.R.S. § 35-393 et seq.
4.30 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
4.30.1 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;
4.30.1.1 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;
4.30.1.2 have not within a three (3) year period preceding this Contract:
4.30.1.2.1 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

SERIAL 190025 S
4.30.1.2.2 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;
4.30.1.2.3 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.
4.30.1.2.4 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.
4.30.2 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.
4.31 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
4.31.1 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.
4.31.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.31.1
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.
4.32 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
4.32.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on Contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the

SERIAL 190025 S
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
4.32.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
4.32.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
4.33 CONTRACTOR LICENSE REQUIREMENT:
4.33.1 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.
4.33.2 Contractor furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. Contractor is not relieved of its obligation to obtain and possess the required
licenses by subcontracting of the labor portion of the Contract. Contractors are advised to
contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing
requirements for a particular contract. Contractor shall identify which license(s), if any,
the Registrar of Contractors requires for performance of the Contract.
4.34 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:
4.34.1 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,
4.34.2 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

SERIAL 190025 S
DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR
DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS.
4.35 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.
4.36 PUBLIC RECORDS:
Under Arizona law, all bids 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 Bids or sections thereof
determined to contain proprietary or confidential information by the Office of Procurement
Services. If a Bidder believes that information in its bid or any resulting Contract should not be
released in response to a public record request under Arizona law, the bidder shall indicate the
specific information deemed confidential or proprietary and submit a statement with its bid
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice which may arise from disclosure.
4.37 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.
4.38 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.
4.39 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.