180131-CONTRACT.PDF

Maricopa County — Formal (2018-03-21)

View PDF Item 47 Meeting page

Extracted text (via pymupdf_layout) 52686 characters
SERIAL 180131-S VEHICLE RENTAL
DATE OF LAST REVISION: March 21, 2018 CONTRACT END DATE: March 31, 2021
CONTRACT PERIOD THROUGH MARCH 31, 2021
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for VEHICLE RENTAL
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 March 21, 2018.
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.
JG/ab
Attach
Copy to: Office of Procurement Services
Amie Bristol, MCSO

SERIAL 180131-S
NATIONAL CAR RENTAL & ENTERPRISE RENT-A-CAR, 4100 W. GALVESTON STREET, SUITE 1,
CHANDLER, AZ 85226
SERIAL 180131-S
NIGP CODE: 97514
RESPONDENT'S NAME: National Car Rental & Enterprise Rent-A-Car
COUNTY VENDOR NUMBER : VC0000007341
ADDRESS: 4100 W. Galveston Street, Suite 1, Chandler, AZ 85226
TELEPHONE NUMBER: 480-785-4331
FACSIMILE NUMBER: 480-428-1696
WEB SITE: nationalcar.com and enterprise.com
CONTACT (REPRESENTATIVE): Dustin Walder, Business Rental Sales Executive
REPRESENTATIVE'S E-MAIL ADDRESS: dustin.walder@ehi.com
YES NO
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS
CONTRACT [X ] [ ]
PAYMENT TERMS.
[X ] NET 30 DAYS
1.0 PRICING:
Title Rate
Full Size Car- Daily Rental $33.00
Full Size Car - Weekly Rental $170.00
Full Size Car - Monthly Rental $640.00
Full Size Car - Yearly Rental $7,680.00
Premium Size Car - Daily Rental $45.00
Premium Size Car- Weekly Rental $247.00
Premium Size Car - Monthly Rental $850.00
Premium Size Car - Yearly Rental $10,200.00
Luxury Size Car - Daily Rental $54.00
Luxury Size Car - Weekly Rental $270.00
Luxury Size Car - Monthly Rental $1,050.00
Luxury Size Car - -Yearly Rental $12,600.00
1/2 Ton Truck - Daily Rate $51.00
1/2 Ton Truck - Weekly Rental $255.00
1/2 Ton Truck - Monthly Rental $825.00
1/2 Ton Truck - Yearly Rental $9,900.00
Title Rate
1/2 Ton Truck with Special Equipment - Daily Rate $51.00
**See below for equipment
1/2 Ton Truck with Special Equipment - Weekly Rental $255.00 costs
1/2 Ton Truck with Special Equipment - Monthly Rental $825.00
1/2 Ton Truck with Special Equipment - Yearly Rental $9,900.00

SERIAL 180131-S
NATIONAL CAR RENTAL & ENTERPRISE RENT-A-CAR
Title Rate
3/4 Ton Truck - Daily Rental Rate $58.00
3/4 Ton Truck - Weekly Rental $290.00
3/4 Ton Truck - Monthly Rental $875.00
3/4 Ton Truck - Yearly Rental $10,500.00
3/4 Ton Truck with Special Equipment - Daily Rental Rate $58.00
**See below for
3/4 Ton Truck with Special Equipment - Weekly Rental $290.00 equipment costs
3/4 Ton Truck with Special Equipment - Monthly Rental $875.00
3/4 Ton Truck with Special Equipment - Yearly Rental $10,500.00
Minivan - Daily Rental $48.00
Minivan - Weekly Rental $240.00
Minivan - Monthly Rental $850.00
Minivan - Yearly Rental $10,200.00
Seven Passenger Van - Daily Rental $48.00
Seven Passenger Van - Weekly Rental $240.00
Seven Passenger Van - Monthly Rental $850.00
Seven Passenger Van - Yearly Rental $10,200.00
15 Passenger Van - Daily Rental $94.00
15 Passenger Van -Weekly Rental $470.00
15 Passenger Van - Monthly Rental $1,880.00
15 Passenger Van -Yearly Rental $22,560.00
1/2 Ton Tuck 4WD - Daily Rental $51.00
1/2 Ton Truck 4WD - Weekly Rental $255.00
1/2 Ton Truck 4WD - Monthly Rental $825.00
1/2 Ton Truck 4WD - Yearly Rental $9,900.00
1/2 Ton Tuck 4WD with Special Equipment - Daily Rental $51.00 **See below for
1/2 Ton Truck 4WD with Special Equipment- Weekly Rental $255.00 equipment costs
1/2 Ton Truck 4WD with Special Equipment - Monthly Rental $825.00
1/2 Ton Truck 4WD with Special Equipment - Yearly $9,900.00
Rental
3/4 Ton Truck 4WD - Daily Rental $51.00
3/4 Ton Truck 4WD - Weekly Rental $255.00
3/4 Ton Truck 4WD - Monthly Rental $825.00
3/4 Ton Truck 4WD - Yearly Rental $9,900.00
3/4 Ton Truck 4WD with Special Equipment - Daily Rental $51.00 **See below for
3/4 Ton Truck 4WD with Special Equipment - Weekly Rental $255.00 equipment costs
3/4 Ton Truck 4WD with Special Equipment - Monthly Rental $825.00
3/4 Ton Truck 4WD with Special Equipment - Yearly Rental $9,900.00

SERIAL 180131-S
NATIONAL CAR RENTAL & ENTERPRISE RENT-A-CAR
Title Rate
Compact SUV - Daily Rental $50.00
Compact SUV - Weekly Rental $250.00
Compact SUV - Monthly Rental $800.00
Compact SUV - Yearly Rental $9,600.00
Full Size SUV - Daily Rental $65.00
Full Size SUV - Weekly Rental $368.00
Full Size SUV - Monthly Rental $1,100.00
Full Size SUV - Yearly Rental $13,200.00
Premium Size SUV - Daily Rental $114.00
Premium Size SUV - Weekly Rental $570.00
Premium Size SUV - Monthly Rental $2,280.00
Premium Size SUV - Yearly Rental $27,360.00
Compact SUV with 4WD - Daily Rental $50.00
Compact SUV with 4WD - Weekly Rental $250.00
Compact SUV with 4WD - Monthly Rental $800.00
Compact SUV with 4WD - Yearly Rental $9,600.00
Full Size SUV 4WD - Daily Rental $65.00
Full Size SUV with 4WD - Weekly Rental $368.00
Full Size SUV with 4WD - Monthly Rental $1,100.00
Full Size SUV with 4WD - Yearly Rental $13,200.00
Premium Size SUV 4WD - Daily Rental $114.00
Premium Size SUV with 4WD - Weekly Rental $570.00
Premium Size SUV with 4WD - Monthly Rental $2,280.00
Premium Size SUV with 4WD - Yearly Rental $27,360.00
Cost Per Vehicle for Limo Tinting and repairs Rate
Sedans $160.00
SUVS/Vans/Trucks $180.00
Tint Removal $80.00
Excessive Mileage Penalty (if applicable) $0.20
Labor Rate for Body and Fender Repairs $26.00
Labor Rate for Frame Repairs $26.00
Labor Rate for Mechanical Work $35.00
Labor Rate for Paint Work $18.00
Parts 30% Off of list cost Domestic
15% off of list cost Import
***Special Equipment
Tool Box-$495.00 One time fee (includes parts, adding and removing equipment)
Camper Shell-$2,000.00 One time fee (includes parts, adding and removing equipment)
Tonneau Cover-$900.00 One time fee (includes parts, adding and removing equipment)

5.4.1.2 Attachment B – Agreement Page
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by
Maricopa County of the Respondent’s Offer will create a binding Contract. Respondent agrees to fully
comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and
amendments thereto, together with the specifications and other documentary forms herewith made a part
of this specific procurement
BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS
REVIEWED T H E ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT’S TERMS AND
CONDITIONS LOCATED AT
https://www.maricopa.gov/DocumentCenter/View/6453, AND AGREE TO BE CONTRACTUALLY
BOUND TO THEM.
Small Business Enterprise (SBE)
Enterprise Leasing Co of Phoenix, LLC dba National Car Rental: 02-292-4286
National Car Rental & Enterprise Rent-A-Car 86-0408806 Enterprise Rent-A-Car: 04-638-0093
Respondent (Firm) Submitting Proposal Federal Tax ID No. Duns #
Ryan Todd
Vice President/General Manager,
Arizona Group
Printed Name and Title Authorized uthor o or or or izedSignature Signature
4100 W. Galveston Street, Suite 1 480-785-4320 480-940-313 480-940-3136
Address Telephone Fax Number
Chandler AZ 85226 October 15, 2017
City State Zip Date
nationalcar.com, enterprise.com,
enterpriseholdings.com ryan.todd@ehi.com
Website: www Email Address
MARICOPA COUNTY, ARIZONA
BY:
Chief Procurement Officer Date Office of Procurement Services
BY:
Chairman, Board of Supervisors Date
Attested
Clerk of The Board Date
Approved as to Form:
Deputy County Attorney Date
9
Information contained on this page contains matters which are the subject of ongoing negotiations; are confidential and proprietary;
and subject to strict restrictions and limitations on use and disclosure. Please refer to Enterprise Holdings’ Statements on
Confidentiality and Non-Binding Nature for further detail. Copyright 2017 Enterprise Holdings. All rights reserved.
All other marks are the property of their respective owners.

SERIAL 180131-S
VEHICLE RENTAL
1.0 INTENT:
The intent of this solicitation is to establish a contract to rent vehicles for Maricopa County. The primary
user of the contract is the County’s Sheriff’s Office.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.9 and 3.10, below).
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where
the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to
ensure adequate competition on any project or task order work.
2.0 SPECIFICATIONS:
2.1 Contractor shall make available to County various makes and models of passenger vehicles,
passenger vans, mini vans, ½ ton and ¾ ton trucks with extended cab (both 4x4 and standard),
sport utility vehicles (either 4x4 or standard); equipped with a minimum of an XLT packages or
of equal level depending on the vehicle manufacturer.
2.2 All vehicles shall be current model year or used vehicles not more than three (3) model years old.
Total vehicle miles shall not exceed fifty thousand (50,000) miles or seventy thousand (70,000)
miles for Canine or specialty vehicles. County shall return to Contractor any vehicle exceeding the
age or mileage limit unless agreed to by the parties.
2.3 County does not guarantee a minimum number of vehicles to be rented at any given time. The
current range of monthly rentals is approximately one hundred thirty-five (135) total vehicles, with
a varying mix of passenger, utility, and truck vehicle types. The average period of rental is one (1)
to two (2) years. Rental periods may vary. County does not guarantee a specific length of rental.
2.4 Contractor shall ensure that each vehicle class contains multiple make, model and color options.
2.5 Due to operational requirements, the County may request that a vehicle be exchanged before the
expiration of the rental period. Contractor shall provide an exchange vehicle without fee or penalty
to County.
2.6 All vehicles must be currently registered and licensed in the State of Arizona and must be
operating lawfully. Out of state registration may be authorized for operations at the direction of the
County.
2.7 All vehicles shall have limo tint on all windows. The windshield shall have a six inch wide strip of
limo tint across the top.
2.8 Special Equipment:
2.8.1 County may request the vehicle to be equipped with a car alarm if one is not already
standard equipment.
2.8.2 County may request the addition of Tonneau covers, toolboxes and/or camper shells for
½ and ¾ ton trucks. Contractor shall charge the vehicle with Special Equipment rate as
defined in Attachment A, Pricing.
2.9 Vehicles shall not have any permanent markings or advertisement for the Contractor.
2.10 Vehicles shall be pre-approved by the County before introduction into the fleet.

SERIAL 180131-S
2.11 Contractor shall issue all vehicles with a full tank of fuel and County shall return all vehicles with
a full tank of fuel except under the circumstances of a disabled vehicle or condition where
accessibility to the gas tank is impaired or safety measures are a consideration.
2.12 Prior to acceptance of a vehicle both Contractor and County must note on the acceptance form
provided by the County any damage to the vehicle. Any damage to the vehicle from the date of the
acceptance, except as noted, will be the responsibility of County.
2.13 Contractor shall provide periodic maintenance inspections; routine maintenance, repairing and/or
replacing parts, except those parts damaged by misuse, or negligence on the part of the operator.
2.14 Contractor shall provide all collision repair services for Contract vehicles. All collision repairs
must be authorized by County prior to the commencement of the repairs. Contractor shall invoice
County for the actual cost of the repairs and parts without further markup to the County.
2.15 Contractor shall maintain repair and collision facilities within Maricopa County. All facilities must
be pre-approved by the County before being utilized by Contractor for vehicles under this
Contract.
2.16 For damage to a vehicle caused by misuse or negligence of the County, the County shall make all
necessary repairs utilizing recognized industry standards for determining costs. The County retains
the option to have wear and tear damage repaired at the repair facility of its choosing. The County
shall be responsible for the management of and the payment for the repairs. For the purpose of
repairs and liability of damage incurred to rental vehicles, Maricopa County is a self-insured
entity.
2.17 Contractor may be requested to provide an alternate, similar vehicle for those vehicles not
available for use due to maintenance and repairs.
2.18 In the event that a vehicle is not functioning or is otherwise rendered inoperable, Contractor shall
replace the vehicle within twenty-four (24) hours. However, Contractor shall exercise
commercially reasonable efforts to replace vehicles on shorter time frames, if requested and if
possible.
2.19 Contractor is responsible for towing/transporting vehicles to its service location. Contractor shall
make towing services available 24 hours a day, 7 days per week.
2.20 Contractor shall provide roadside assistance services. Roadside assistance service include, but are
not limited to, flat tires, lock outs or other services that can be resolved within roadside assistance
capability.
2.21 County shall be responsible for all towing outside Maricopa County to the closest authorized
service location.
2.22 Contractor agrees to the reasonable mounting of communications equipment in some vehicles. The
most often used procedure is to drill a hole in the front, passenger side firewall in routing the radio
power cord to the engine compartment, which is then covered by existing carpeting. The radio
itself is usually contained below the rear seat in most of these modified vehicles. Holes are then
drilled in the floorboard to secure the radio. Any other cabling or mounting is then routed through
existing channels or brackets and does not require any modifications. Upon disassembly the
drilled holes are filled with the appropriate epoxy type material or inserts and then re-covered by
the carpeting or seats. Prior to installation of any communications or other equipment, County
personnel will come to an agreement with the Contractor on the monetary amount of damage
caused by this installation. The Contractor shall be reimbursed for such damages.
2.23 Contractor shall not disclose the nature of this Contract, the description of the vehicles, or their
operators. Contractor shall direct all requests for information regarding this Contract to County
representatives.

SERIAL 180131-S
2.24 County shall provide Contractor with a monthly mileage report per rented vehicle.
2.25 Only County employees or those legally authorized by County to do so shall operate the vehicles.
2.26 County may, at its option at any point of the Contract period, request a fair and reasonable
purchase price for any piece of Equipment. Contractor shall provide County a quote that reflects
the industry standard price for equipment of similar make, model, mileage and usage. Contractor
shall hold the pricing firm for a period of at least ninety (90) days for the review of County. If
County elects to purchase the equipment, County shall issue Contractor a letter of intent stating
the full equipment description and the quoted price pending the approval of the Maricopa County
Board of Supervisors.
3.0 PURCHASING REQUIREMENTS:
3.1 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.
3.2 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, sub-contractors and employees and the failure to pass these checks
shall deem the respondent non-responsible.
3.3 INVOICES AND PAYMENTS:
3.3.1 Contractor shall submit one (1) legible copy of their detailed invoice before payment(s)
can be made. Contractor shall submit invoices on a monthly basis. Rentals for each
department must be invoiced separately. Invoices shall include:
• Vehicle Make, Model and Year
• License Plate Number
• Vehicle Identification Number
Incomplete invoices will not be processed.
3.3.2 Problems regarding billing or invoicing shall be directed to the Department as listed on
the Purchase Order.
3.3.3 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
http://www.maricopa.gov/Finance/Vendors.aspx.
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.3.5 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.

SERIAL 180131-S
3.4 APPLICABLE TAXES:
3.4.1 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.
3.4.2 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.
3.4.3 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.
3.5 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 and include the cost in the proposal price.
3.6 TAX (COMMODITIES):
Tax shall not be invoiced against Contractor’s labor. It is the responsibility of the Contractor to
determine any and all applicable taxes and include the tax percentage in their proposal.
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.

SERIAL 180131-S
3.11 VOLUNTARY EMPLOYEE DISCOUNTS:
3.11.1 Vendors may voluntarily offer discounts to County employees for products or services
provided under this contract. Whether a vendor offers or does not offer an employee
discount is not a factor in nor considered in the evaluation of responses to this
solicitation.
3.11.2 Any discount offered is part of a commercial transaction between the vendor and
individual County employees and the County is not a party to the transaction. Any
disputes or issues arising from an individual commercial transaction between the vendor
and an individual County employee is a matter between the vendor and the employee. If
a discount is offered, the terms will be announced to County employees.
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
three (3) years.
4.2 OPTION TO RENEW:
The County may, at its option and with the concurrence of the Contractor, renew the term of this
Contract up to a maximum of 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 PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the
Contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the Contract. The new change shall not be in effect until the date stipulated on the
Contract and shall only apply to those rental periods commenced after the approval date.
4.4 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.
4.5 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.

SERIAL 180131-S
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.
4.6 INSURANCE:
4.6.1 Contractor’s 3rd party automobile liability exposure is secondary and is limited by
Arizona Statute to $15,000, $30,000 in bodily injury and $10,000 in property damage
coverage (the “Limits”). The County acknowledges and agrees that Contractor shall not
be liable to the County or any third party for any amount in excess of the Limits in
connection with any third party automobile claim against the County and/or Contractor.
4.6.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
4.6.3 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
4.6.4 The insurance policies required by this Contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
4.6.5 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
4.6.6 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.

SERIAL 180131-S
4.6.7 Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
4.6.8 Certificates of Insurance:
4.6.8.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor’s insurer(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
4.6.8.2 In the event any insurance policy(ies) required by this contract is (are) written
on a “claims made” basis, coverage shall extend for two years past completion
and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
4.6.8.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) calendar days prior to the expiration date.
4.6.9 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 2
business days of receipt, if they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason, has expired, or will be expiring.
Such notice shall be sent directly to Maricopa County Office of Procurement Services
and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or
emailed to the Procurement Officer noted in the solicitation.
4.7 FORCE MAJEURE:
4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
4.7.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best

SERIAL 180131-S
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
4.7.4 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.
4.8 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of
Procurement Services, a Purchase Order issued by the using Department or direction by a
Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
4.9 REQUIREMENTS CONTRACT:
4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. If
purchases are made for the materials or requirement contained in the Contract, they will
be purchased from the Contractor awarded that line item. Orders will only be placed
under this Contract when the County identifies a need and proper authorization and
documentation have been approved.
4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
4.10 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after
issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for
actual and documentable costs incurred by the Contractor in response to the Purchase Order. The
County will not reimburse the Contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
4.11 SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
4.12 STOP WORK ORDER:
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90
calendar days after the order is delivered to the Contractor, and for any further period to which the
parties may agree. The order shall be specifically identified as a stop work order issued under this
clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a stop-work is

SERIAL 180131-S
delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either:
4.12.1 Cancel the stop-work order; or
4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience clause of this Contract.
4.12.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, and the Contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
4.13 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.14 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
4.14.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
4.14.2 Make progress, so as to endanger performance of this contract; or
4.14.3 Perform any of the other provisions of this contract.
The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within 10 business days (or more if authorized in writing by
the County) after receipt of the notice from the Procurement Officer specifying the failure.
4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the Contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County from any other party to the Contract arising as the result of the Contract.
4.16 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
4.17 SUBCONTRACTING:
4.17.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.

SERIAL 180131-S
4.17.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who
in turn shall pass-through the costs to the County, without mark-up. A copy of the
Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
4.18 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
4.19 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete services to a Contract. If a service requirement
is deleted, payment to the Contractor will be reduced proportionately, to the amount of service
reduced in accordance with the Contract price. If additional services are required from a Contract,
prices for such additions will be negotiated between the Contractor and the County.
4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
4.20.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
4.21 AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course
of action to address the disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a check or a deduction from
current invoices submitted by the Contractor equal to the amount of the disallowance, or to require
reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable
to Maricopa County.
4.22 STRICT COMPLIANCE:
Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the Contract.
4.23 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.

SERIAL 180131-S
4.24 SEVERABILITY:
The removal, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
4.25 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each Party shall
supply to the other Party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
4.26 RELATIONSHIPS:
4.26.1 In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be
construed as to create the relationship of employer and employee, co-employee,
partnership, principal and agent, or joint venture between the County and the Contractor.
4.26.2 The County reserves the right of final approval on proposed staff. Also, upon request by
the County, the Contractor will be required to remove any employees working on County
projects and substitute personnel based on the discretion of the County within two
business days, unless previously approved by the County.
4.27 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the 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.
4.28 ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9,
Arizona Revised Statutes Section 35-393 et seq.
4.29 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
4.29.1 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;
4.29.1.1 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;
4.29.1.2 have not within 3-year period preceding this Contract:
4.29.1.2.1 been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract;
and
4.29.1.2.2 been convicted of violation of any Federal or State antitrust statues
or conviction for embezzlement, theft, forgery, bribery, falsification

SERIAL 180131-S
or destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract;
4.29.1.2.3 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 3-year period
preceding this Contract had any public transaction (Federal, State or
local) terminated for cause or default.
4.29.1.2.4 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.
4.29.2 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.
4.30 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
4.30.1 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 years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
4.30.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.30.1
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.
4.31 CONTRACTOR LICENSE REQUIREMENT:
4.31.1 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,

SERIAL 180131-S
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.
4.32 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:
4.32.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
4.32.2 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.
4.33 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.
4.34 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.
4.35 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.
4.36 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.

SERIAL 180131-S
4.37 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.
4.38 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 or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona.