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CONTRACT PUBLICATION OF PUBLIC LEGAL NOTICES &
ADVERTISING
SERIAL 180239-S
This Contract is entered into this 27th day of June, 2018 between Maricopa County ("County"), a political
subdivision of the State of Arizona, and Arizona Business Gazette, an Arizona Corporation ("Contractor") for the
purchase of Public Legal Notices & Advertising services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of one (1) year, beginning on the 1" day of July, 2018 and ending the
30th day of June, 2019
1.2 OPTION TO EXTEND:
The County's sole discretion, extend the contract on a month to month basis for a maximum of
three (3) 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.
1.3 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.
2.0 PAYMENTS:
2.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit "A."
2.2 Payment shall be made upon the County's receipt of a properly completed invoice.
2.3 INVOICES:
2.3.1 The Contractor shall submit in a manner acceptable to the County one (1) legible copy of
their detailed invoice before payment(s) can be made. 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 or
• County purchase order number
• Invoice number and date
• Payment terms
SERIAL 180239-S
• Date of service or delivery
• Quantity
• Contract Item number(s)
• Description of service provided
• Pricing per unit of service
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Total Amount Due
2.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
2.3.3 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
(ht ED:// w w. maricona.gov/922Nendors).
2.3.4 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.
2.4 APPLICABLE TAXES:
2.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor's invoices.
2.4.2 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.
2.4.3 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.
2.5 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.
2.6 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 Contractor,
a member of $AVE may access a contract resulting from a solicitation issued by the County.
SERIAL 180239-S
2.7 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.
3.0 AVAILABILITY OF FUNDS:
3.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
3.2 If any action is taken by any State agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) business days in advance.
4.0 DUTIES:
4.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing
by the Procurement Officer.
5.0 TERMS and CONDITIONS:
5.1 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 I80239-S
5.2 INSURANCE:
5.2.1 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.
5.2.2 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.
5.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
5.2.4 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.
5.2.5 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.
5.2.6 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.
5.2.7 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.
5.2.8 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $1,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
5.2.9 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
$500,000 for each accident, $$500,000 disease for each employee, and $$500,000 disease
policy limit.
SERIAL I80239-S
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.
5.2.10 Certificates of Insurance:
5.2.10.1 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.
5.2.10.2 In the event any insurance policy(ies) required by this contract is(are) written
on a claims made basis, coverage shall extend for two years past completion
and acceptance of Contractor's work or services and as evidenced by annual
Certificates of Insurance.
5.2.10.3 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.
5.2.11 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.
5.3 FORCE MAJEURE:
5.3.1 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.
5.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
5.3.3 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.
SERIAL 180239-S
5.3.4 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.
5.4 WARRANTY OF SERVICES:
5.4.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County's acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
5.4.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
5.5 INSPECTION OF SERVICES:
5.5.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
5.5.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
5.5.3 If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
5.5.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
5.5.3.2 Reduce the Contract price to reflect the reduced value of the services
performed.
5.5.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
5.5.4.1 By Contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by
County that is directly related to the performance of such service; or
5.5.4.2 Terminate the Contract for default.
5.6 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.
5.7 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
5.7.1 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.
SERIAL I80239-S
5.7.2 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.
5.8 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.
5.9 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:
5.9.1 Cancel the stop work order; or
5.9.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience clause of this Contract.
5.9.3 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.
5.10 TERMINATION FOR CONVENIENCE;
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar
days advance notice to the Contractor.
5.11 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:
5.11.1 Deliver the supplies or to perform the services within the time specified in this Contract
or any extension;
5.11.2 Make progress, so as to endanger performance of this Contract; or
5.11.3 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.
SERIAL 180239-S
5.12 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.
5.13 CONTRACTOR LICENSE REQUIREMENT:
5.13.1 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.
5.14 SUBCONTRACTING:
5.14.1 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.
5.14.2 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 or the County has approved the increase. 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.
5.15 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.
5.16 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.
5.17 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.
SERIAL 180239-S
5.18 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.
5.19 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.
5.20 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.
5.21 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's website
(hup://www.azgovernmgovklms/upload/E0_2009 09,pdfl 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 or any other individual in any way because of
that person's age, race, creed, color, religion, sex, disability or national origin.
5.22 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9, A.R.S.
§ 35-393 et seq.
5.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION;
5.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it's current officers and
directors;
5.23.1.1 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;
5.23.1.2 have not within three (3) year period preceding this Contract;
5.23.1.2.1 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
5.23.1.2.2 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;
5.23.1.2.3 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
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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.
5.23.1.3 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.
5.23.2 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.
5.24 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
5.24.1 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 (1-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. 1-9 forms are available
for download at USCIS.GOV .
5.24.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 5.25.1
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.
5.25 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:
5.25.1 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,
5.25.2 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.
SERIAL 180239-S
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.
5.26 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.
5.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
5.27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain (physical or digital copies of) all books, records, accounts,
statements, reports, files, and other records and back-up documentation relevant to this
Contract for six (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.
5.27.2 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.
5.28 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.
5.29 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.
5.30 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this contract may include information that is
proprietary or confidential to the County. This provision establishes the Contractor's obligation
regarding such information.
SERIAL 180239-S
The Contractor shall establish and maintain procedures and controls that are adequate to assure
that no information contained in its records and/or obtained from the County or from others in
carrying out its functions (services) under the Contract shall be used by or disclosed by it, its
agents, officers, or employees, except as required to efficiently perform duties under the Contract.
The Contractor's procedures and controls at a minimum must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time during the
duration of the Contract, the County determines that the procedures and controls in place are not
adequate, the Contractor shall institute any new and/or additional measures requested by the
County within fifteen (15) business days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred
to the County for review and approval, prior to any dissemination.
5.31 PUBLIC RECORDS:
Under Arizona law, all Contracts are public records and must be retained by the Records Manager
at the Office of Procurement Services. Contracts shall be open to public inspection and copying
after Contract award and execution, except for such Contracts or sections thereof determined to
contain proprietary or confidential information by the Office of Procurement Services.
5.32 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
5.33 RELATIONSHIPS:
5.33.1 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.
5.33.2 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.
5.34 GOVERNING LAW:
This Contract shall be governed by the laws of the State of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court, Phoenix, Arizona.
5.35 ORDER OF PRECEDENCE;
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable, the terms of this Contract shall prevail.
5.36 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
5.36.1 Exhibit A, Pricing;
5.36.2 Exhibit A-1, Total Cost To Publish Excerpts Based On First Insertion Cost
5.36.3 Exhibit B, Scope of Work;
SERIAL 180239-S
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
Arizona Business Gazette
200 E. Van Buren Street Phoenix, AZ 85004
Tara Mondloch
SERIAL 180239-S
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
hrtry‘61,-Lk_.
AUTHORIZED SIGNATURE
lar tY1 h (11 C C _ed ilka,Roxy.}./
PRINTED NAME AND TITLE
RZ) E .VCUA T),7iven. S-f- O4'V1L 2-
ADDRESS
CO I a01
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
SERIAL 180239-S
EXHIBIT "A"
PRICING
COMPANY NAME: ARIZONA BUSINESS GAZETTE
DOING BUSINESS AS (dba):
MAILING ADDRESS: 200 E. VAN BUREN STREET PHOENIX, AZ 85004
REMIT TO ADDRESS: 200 E. VAN BUREN STREET PHOENIX, AZ 85004
TELPHONE NUMBER: 602-444-7315 OPTION 4
FAX NUMBER: 877-943-0443
WWW ADDRESS: AZCENTRAL.COM & ABGNEWS.COM
REPRESENTATIVE NAME: TARA MONDLOCH
REPRESENTATIVE TELEPHONE NUMBER: 602-444-7315 OPTION 4
REPRESENTATIVE E-MAIL: tmondlochagannett.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
LEGAL ADVERTISING, PER COLUMN INCH
Title Unit Price Qty UollY1 Bidder Notes
FIRST INSERTION $0.49 1 each BASED ON $ PER LINE x lines to inch
: Based on $.035 per line x 14 lines to inch.
Based on $0.035 per line x 14 lines per inch =
$.049 per column inch
LEGAL: Based on $.035 per line x 14 lines to
inch. Based on $0.035 per line x 14 lines per
inch = $.049 per column inch
DISPLAY (10 PT) : Based on $.035 per line x
14 lines to inch. Based on $0.035 per line x 14
lines per inch = $.049 per column inch
$ with % Discount : NA
SUBSEQUENT $ 0. 4 9 1 each BASED ON $ PER LINE x lines to inch
INSERTIONS : Based on $.035 per line x 14 lines to inch.
Based on $0.035 per line x 14 lines per inch =
$.049 per column inch
LEGAL: Based on $.035 per line x 14 lines to
inch. Based on $0.035 per line x 14 lines per
inch = $.049 per column inch
DISPLAY (10 PT) : Based on $.035 per line x
14 lines to inch. Based on $0.035 per line x 14
lines per inch = $.049 per column inch
$ with % Discount : NA
SERIAL 180239-S
Additional Discounts From Base Bid For
Title Unit Price Qty UolIVI Bidder Notes
Camera-Ready Copy 0.00% 1 each BASED ON $ PER LINE x lines to inch
: NA
LEGAL: NA
DISPLAY (10 PT) : NA
with % Discount : NA
no discount for camera ready
Computer Tape Format 0.00% 1 each BASED ON $ PER LINE x lines to inch
: NA
LEGAL: NA
DISPLAY (10 PT) : NA
$ with °A) Discount : NA
FLOPPY DISC 0.00% 1 each BASED ON $ PER LINE x_lines to inch
FORMAT : NA
LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
E-MAIL 0.00% 1 each BASED ON $ PER LINE x lines to inch
: NA
LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
DISPLAY ADVERTISING PER COLUMN INCH
Title Unit Price Qty UofM Bidder Notes
FIRST INSERTION $0.49 1 each BASED ON $ PER LINE x lines to inch
: Based on $.035 per linex14 lines per inch =
$.49 per column inch
LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
Subsequent Insertion(s) $0.49 1 each BASED ON $ PER LINE x lines to inch
: Based on $.035 per linex14 lines per inch =
$.49 per column inch
LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
SERIAL 180239-S
PRINT SIZES
Title Qty UofM Bidder Notes
ADVERTSING COLUMN each BASED ON $ PER LINE x lines to inch
WIDTH : NA
LEGAL: NA
DISPLAY (10 PT) : NA
$ with ')/0 Discount : NA
1 column = .950"
Display (1 Opt) 1 column= .950"
1 column- .95"
2 column =1.956"
3 column = 2.961"
4 column = 3.967"
5 column = 4.972"
6 column = 5.978"
7 column = 6.983"
8 column = 7.989"
9 column = 8.994"
10 column = 10"
Number of Characters per Printed 1 each BASED ON $ PER LINE x lines to inch
Line : NA
LEGAL: NA
DISPLAY (10 PT) : NA
$ with "A Discount : NA
Legal: 36
Display ( 1 Opt): 13
Legal: 36 characters per printed line
Display (1 Opt): 13 characters per printed line
Number of Characters per Printed I each BASED ON $ PER LINE x lines to inch
Line : NA
LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
Legal: 36
Display (1 Opt): 13
Leagl: 36 characters per printed line
Display (lOpt) per printed line
DISCOUNT FOR NON-LEGAL ADVERTISING IN NEWS SECTION
Title Unit Price Qty UofM Bidder Notes
Discount for Non-Legal 0.00% 1 each BASED ON $ PER LINE x lines to
Advertising in News inch : NA
Section LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
SERIAL 180239-S
TOTAL COST TO PUBLISH EXCERPTS BASED ON 1ST INSERTION COST
Title Unit Price Qty UoThil Bidder Notes
Exhibit 2 - Notice of $10.36 1 each BASED ON $ PER LINE x_lines to
Auction of Surplus inch : NA
Land Weekly LEGAL: NA
Publication DISPLAY (10 PT) : NA
$ with % Discount : NA
NOTICE OF AUCTION OF SURPLUS
LAND LINES = 296 total cost to publish 1st
insertion = $10.36 Subsequent insertions =
$10.36
Exhibit 3 - Treasurers $3.78 each BASED ON $ PER LINE x lines to
Delinquent Tax List inch : NA
Weekly Publication LEGAL: NA
DISPLAY (10 PT) : NA
$ with % Discount : NA
TREASURERS DELINQUENT TAX LIST
LINES = 108 total cost to publish 1st
insertion = $3.78 Subsequent insertions =
$3.78
Exhibit 4 - Truth in $180.00 1 each BASED ON $ PER LINE x lines to
Taxation Hearin - inch : NA
Notice of Tax Increase LEGAL: NA
Weekly Publication DISPLAY (10 PT) : NA
$ with % Discount : NA
TRUTH IN TAXATION HEARING ROP
AD (OUTSIDE OF LEGAL SECTION) =
total cost to publish 1st insertion = $180.00
Subsequent insertions $180
Exhibit 5 - Notice of $1.96 1 each BASED ON $ PER LINE x lines to
Call For Bid Weekly inch : na
Publication LEGAL: na
DISPLAY (10 PT) : na
$ with % Discount : na
Two (2) insertions
NOTICE TO ALL TO BIDS LINES: 56 total
Total cost to publish $1.96 subsequent
insertions $1.96
Exhibit 6 - Public $2.20 1 each BASED ON $ PER LINE x lines to
Notice Weekly inch : na
Publication LEGAL: na
DISPLAY (10 PT) : na
$ with `)/0 Discount : na
Two (s) insertions PUBLIC NOTICE LINES:
63 Total cost to publish $2.20
Subsequent insertions: $2.20
SERIAL 180239-S
NEWSPAPER SUBSCRIPTION RATE FOR COUNTY DEPARTMENTS
Title Unit Qty UofM Bidder Notes
Price
Subscription Rate for $30.00 1 year BASED ON $ PER LINE x lines to inch : na
all Others LEGAL: na
DISPLAY (10 PT) : na
$ with % Discount : na
ADDITIONAL INFO ATTACHED HERE-
CERTIFICATE OF INSURANCE AND
AFFIDAVIT
Five complimentary subscriptions, to be designated by
Materials Management, plus in addition, subscriptions
to any County department submitting advertising.
Complimentary subscriptions to be provided at no
additional charge
SERIAL 180239-S
EXHIBIT A-1
Total Cost to Publish Excerpts Based on First Insertion Cost and Subsequent Insertion Cost
(s).
Publication 9 Sunday 9 Monday 0 Tuesday 9 Wednesday 2 Thursday 0 Friday
Days
Press WEDNESDAY
Time 11
DAM DAM AM J=I AM 2 AM D AM
PM D PM PM D PM PM PM
Copy Pick-Up
Amount of Time Prior to Press-Time copy for Board of Supervisors Minutes must be picked-up for
Publication *
(NOTE: Hours stated are normal business hours of 8am - 5pm, Monday - Friday, excluding State
holidays.)
With Notice ONE WEEK PRIOR No Notice SAME
TO PUB
Amount of Time Prior to Press-Time copy for County Budget must be picked-up for Publication *
With Notice ONE WEEK PRIOR No Notice SAME
TO PUB
Amount of Time Prior to Press-Time copy for County Cost of Living Increases, Countywide Payroll
Changes must be picked-up for Publication *
With Notice MONDAY NOON No Notice SAME
Amount of Time Prior to Press-Time copy for County Treasurer's Delinquent Tax List must be
picked-up for Publication
With Notice 2 WEEKS PRIOR TO No Notice SAME
PUB
Amount of Time Prior to Press-Time copy for Materials Management's Notice for Call for Bids must
be picked-up or Emailed for Publication *
With Notice MONDAY NOON No Notice SAME
Amount of Time Prior to Press-Time copy for other Legal Advertising must be picked-up for
Publication *
With Notice MONDAY NOON No Notice SAME
SERIAL 180239 -S
EXHIBIT B
SCOPE OF WORK
1.1 TECHNICAL REQUIREMENTS:
Printing and/or publishing of all public legal notices and advertising requiring publication
such as election proclamations, legal notices regarding statutory matters of the Board of
Supervisors, resolutions, summons, notices of sale, delinquent tax lists, special notices,
call for bids, bids for construction and equipment, and the publishing of all matters as
required to be published by the Board of Supervisors under the laws of the State of
Arizona provided to Contractor for such printing and/or publishing.
1.1.2 The term "Newspaper" shall mean a newspaper printed and published in Maricopa
County, State of Arizona, which for at least one (1) year, has been admitted to the United
States Mail as second class matter, as set forth and meeting the requirements of Arizona
Revised Statutes, Sections §§11-255, 39-202, 39-203, 39-204, 39-205 and 39-221.
1.1.3 The term "Printing" shall mean reproducing in newspaper-form and style, any legal
publication or advertisement requiring public notice.
1.1.4 The term "Publishing" shall mean the production and distribution by a newspaper
containing public legal notices and/or advertising requiring notice to the general public
by the County Board of Supervisors within Maricopa County.
1.1.5 Each Respondent shall file with their bid, an affidavit showing that their newspaper
has been established and published within Maricopa County, State of Arizona, for a
period of at least one (1) year prior to the filing of such affidavit and has been
admitted to the United States mail as second-class matter for at least one (I) year.
1.1.6 Respondents shall state the day of week of publication, press time deadline and the
number of hours prior to press time copy will be accepted with and without notice. Copy
for legal publication and advertising for the Board of Supervisors shall be picked up by
the Contractor. Copy for the tentative annual budget will be available by 12:00 noon on
the Tuesday prior to the first week of publication.
1.1.7 The size of type shall be not less than five (5) or more than six (6) point type, set solid
(no leading). This is to apply whether letterpress, offset, computer tape or disc format is
used. The variance in type size shall not be greater than 5% over or under the specified
size range. Continuous wrap for text must be applied in all publication and
advertising matter, unless otherwise specified.
1.1.8 Legal notices from the Board of Supervisors, the tentative annual budget and other legal
publication and advertising will be furnished to Contractor in hard copy. The delinquent
tax rolls and the warrant register will be furnished, camera-ready, from computer print-
out. If available, any or all of the above may be furnished by the Contractor via a
computer tape or disc. All programming costs associated with computer tape or disc
reproduction shall be borne by the Contractor.
1.1.9 It shall be the Contractor's responsibility to secure computer media (tapes) or other
required information directly from the appropriate County department.
1.1.10 The proper formatting of computer media shall be the responsibility and cost of the
Contractor. Most County departments are standardized on WORD 6.0 Software and
IBM-Compatible Computers.
1.1.11 Pick up points generally shall be the County Downtown Administration Complex, Office
of the Clerk of the Board and Office of the Clerk of the Court, Monday through Friday,
by 3:30 p.m. Pick-ups may be required from other County departments located
throughout Maricona County.
SERIAL I80239-S
1.1.12 Pick-ups scheduled for holidays shall be scheduled for the next County business day.
When lengthy material is picked up by the Contractor, the Contractor shall review the
material to ensure it is complete. The County shall be notified immediately by the
Contractor of any problems with copy.
1.1.13 The Contractor shall furnish to the using County department, without additional cost, an
affidavit of publication, within 10 days of publication, for each legal notice and/or
advertisement published. Contractor shall supply their Internet address in their response
to this bid. Contractor shall also furnish a spreadsheet to the Clerk of the Board
indicating the public libraries (name, address, and city) where the minutes will be sent,
including the regularly scheduled delivery date to each location.
1.2 BID REQUIREMENTS:
1.2.1 Bids submitted shall be on a per column inch basis, unless otherwise specified.
1.2.2 A separate price per column inch shall be bid for advertisements which are to be printed
and published display advertising style, in larger than 10 point type.
1.2.3 Respondents shall also indicate a discount percentage from their base bid which would be
applicable if the County would provide either camera ready copy, computer tape or disc
format.
1.2.4 Bids shall be made for the price for the first insertion of each advertisement, and a
separate price for each subsequent publication of the same advertisement, where there is a
requirement for multiple publications in subsequent issues of the newspaper.
1.2.5 Excerpts of typical legal information to be published are attached as EXHIBIT 2 through
EXHIBIT 5. For comparison of bids, Respondents shall state the cost of the attached
excerpts based on the charge per column inch submitted.
Each Respondent shall reproduce these in paragraphkolumn form showing the type
and style that will be used in printing and publishing if the Respondent is awarded
this Contract. These reproductions shall be included with Respondent's bid.