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SERIAL 171070-CI BOAT DOCK INSPECTION, MAINTENANCE AND REPAIR DATE OF LAST REVISION: September 06, 2017 CONTRACT END DATE: August 31, 2018 CONTRACT PERIOD THROUGH AUGUST 31, 2017 2018 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for BOAT DOCK INSPECTION, MAINTENANCE AND REPAIR 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 September 08, 2016. 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. JM/ab Attach Copy to: Office of Procurement Services Don Jeffery, FMD SERIAL 171070-CI CONTRACT PURSUANT TO COMPETITION IMPRACTICABLE This Contract is entered into this 8th day of September, 2016 by and between Maricopa County political subdivision of the State of Arizona, and Phoenix Boatlift, an Arizona corporation the purchase of boat dock maintenance and repair services. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of one (1) year, beginning on the 8th day of September, 2016 and ending the 31st day of August, 2017 2018. 1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of four (4) one (1) year annual renewals, -to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. INTENT: The intent of this Competition Impracticable is to secure services from a responsive, responsible contractor to provide comprehensive boat dock services including operation, maintenance and repairs at County-owned boating facilities located at Apache Lake, Bartlett Lake, Canyon Lake, Lake Pleasant, and Saguaro Lake under the management of the Facilities Management Department (FMD). Boat Dock Services shall include but are not limited to semi-annual inspections of docks including winches, adjustment of winch cables, repair and/or or replacement (or alterations) of boat dock components both above water and underwater, and devices common to the boat dock industry. Office. Funding for any boat lift repairs should be established through that office. 2.0 SCOPE OF WORK: 2.1 INSPECTION AND PREVENTATIVE MAINTENANCE: 2.1.1 Preventative maintenance work shall mean all testing and services performed as an all inclusive price (tax included in the cost). 2.1.2 At a minimum, provide all services listed on the Semi-Annual checklist attached. SERIAL 171070-CI 2.1.3 When invoicing for a semi-annual service a completed check sheet is required to be provided to Facilities Management. 2.2 MAINTENANCE AND REPAIR: 2.2.1 Maintain and repair boat docks as required and approved by Maricopa County and the Manufacturer (according to the manufacturer's specifications). All requested repairs shall be made within 7 days. If repairs cannot be completed within the 7 days the requestor should be notified. 2.2.2 All repairs not done in a timely manner or not done correctly, resulting in further damage, will be the responsibility of the contractor. 2.3 TIME AND MATERIAL: 2.3.1 This contract shall also be used for time and materials work (under $1,000) and priced per hour. The threshold from time and materials to project work shall be $1,000.00. Exceptions to this shall be emergencies that arise and must be dealt with immediately without the time for project quotes. This figure is firm fixed. Exceeding this amount requires written approval from the County. 2.3.2 Labor pricing to perform REGULAR or AFTER HOURS repair service is not included in the Preventative Maintenance program portion of this document. basis upon approval by Maricopa County's representative. 2.4 CLEANUP AFTER A JOB: The Contractor shall ensure all trash generated by work performed (either repairs or retrofitting) shall be removed from the site. Additionally, the Contractor will ensure all disturbances to the area where the Contractor performed work are restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc. If an inspection reveals that the Contractor fails to clean up after work has been performed, The County will notify the Contractor of the discrepancy and the Contractor will have twenty- four (24) hours to make the needed correction. Should the Contractor still fail to clean the area, the County reserves the right to make other arrangements to have the area cleaned and 2.5 CONTRACTOR QUALIFICATIONS: Respondents shall provide proof of the following requirements. Failure to provide may result in default of this contract: 2.5.1 The Contractor shall have been in business a minimum six (6) consecutive years, and completely familiar with the specified requirements and methods needed for proper performance of this contract. 2.5.2 he knowledge and skills to perform boat dock maintenance 2.5.3 shall have a minimum of three (3) years individual PADI, NAUI, SSI or BSAC Scuba Diving Certification. The identified staff member (s) must maintain this certification throughout the contract. Certifications shall be provided. SERIAL 171070-CI 2.6 HOURS OF SERVICE: 2.6.1 REGULAR HOURS are between 7:00 AM and 5:00 PM, Monday through Friday, excluding County holidays. 2.6.2 AFTER HOURS is after 5:00 PM and prior to 7:00 AM, Monday through Friday. 2.6.3 WEEKENDS are anytime Saturday or, Sunday. 2.6.4 HOLIDAYS are County Holidays (See County holiday schedule attachment). 2.6.5 Services shall be available twenty four hours a day/seven days a week, 365 days per year. 2.6.6 Contractor shall provide twenty four hours a day/seven days a week; 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt. 2.7 RESPONSE TIMES: 2.7.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site within twenty-four (24) hours of receipt of a service request. 2.7.2 If the request is designated by the County as an EMERGENCY, the contractor shall respond on-site within two hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY. An emergency would be something that could create further property damage to the County, other property or is a safety concern. 2.8 TRIP CHARGE: Trip charges are permitted when time and material work is requested at the following sites only: 2.8.1 MCSO Lake Aid Stations (Apache, Bartlett, Lake Pleasant, Canyon and Saguaro) 2.8.2 Only one trip charge may be charged per service call. 2.8.3 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed individual pricing as indicated for each County dock on pricing sheet). The Contractor is not authorized to incur nor will the County accepting billing for any labor charges. 2.9 FMD CONTRACTOR REQUIREMENTS 2.9.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented. 2.9.2 ice truck or boat fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented. SERIAL 171070-CI 2.9.3 The Contractor agrees to utilize only experienced, qualified, responsible and capable employees in the performance of the work. 2.9.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following: 1.0 Shirt/blouse 2.0 Vest 3.0 Cap 2.9.5 No one except authorized employees of the Contractor is allowed on the premises of Mari work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor. 2.9.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed. 2.9.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site. 2.10 BUILDING SECURITY (KEYS): 2.10.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD. 2.10.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re-key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor. 2.10.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD. 2.10.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, mis 2.10.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD. 2.11 SALVAGE: Salvage rights shall be evaluated on a project by project basis by the County and shall be apply for all work if in the best interest to the County. Salvageable materials without pre- approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If contractor is given salvage rights, s salvaged materials will be permitted. SERIAL 171070-CI 2.12 INVOICES AND PAYMENTS: 2.12.1 Invoices are required to contain the following information and should be e-mailed to FMD-ACCOUNTSPAYABLE@MAIL.MARICOPA.GOV If invoices cannot be e- mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003. 1.0 Company name, address and contact information 2.0 County bill-to name and contact/requestor information 3.0 Building Name and Building Number 4.0 County purchase order number 5.0 County contract number 6.0 Maximo (FMD) service call number 7.0 Invoice number and date 8.0 Date of service or delivery 9.0 Description of Purchase (services performed) 10.0 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials) 11.0 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted (time & materials) 12.0 Arrival and completion time 13.0 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied 14.0 Payment Terms For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, w expense. 2.12.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 2.12.3 Payment shall 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). SERIAL 171070-CI 2.12.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 2.12.5 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. 2.13 CONTRACTOR EMPLOYEE BACKGROUND CHECK: A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD. 3.0 TERMS and CONDITIONS: 3.1 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. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 3.2 INSURANCE: 3.2.1 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 SERIAL 171070-CI 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. 3.2.2 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. 3.2.3 insurance or self-insurance maintained by County shall not contribute to it. 3.2.4 Any failure to comply with the claim reporting provisions of the insurance policies coverage afforded under the insurance policies. 3.2.5 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. 3.2.6 The insurance and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 3.2.7 The policies required hereunder, except Workers Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and vice. 3.2.8 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, $2,000,000 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. 3.2.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of d non-owned vehicles assigned to or used in Premises under this Contract. SERIAL 171070-CI 3.2.10 : tate 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 Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 3.2.10.1 Minimum Limits: General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Automobile Liability $1,000,000 $1,000,000 3.2.11 Certificates of Insurance. 3.2.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 3.2.11.2 In the event any insurance policy (ies) required by this contract is (are) work or services and as evidenced by annual Certificates of Insurance. 3.2.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 3.2.11.4 County shall be a Certificate Holder. Before providing the services as defined above, Developer shall furnish County with Certificates of Insurance evidencing coverage required by this Article. The certificates shall identify County as additional insured and shall be signed by a person authorized by that insurer to bind coverage on its behalf. All obligations for occurrence coverage shall survive termination of this Agreement. Other insurance policies required hereby shall expressly provide that such policies shall not be canceled, terminated or materially altered without thirty (30) days prior written notice to County. All insurance obligations of this Article shall survive termination of this Agreement. SERIAL 171070-CI - Insurance shall be provided by County upon approval of this Agreement by the Parties. 3.2.12 Cancellation and Expiration Notice. Applicable to all insurance policies required within the Insurance Requirements of ed 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 Procurement Officer noted in solicitation. 3.3 FORCE MAJEURE: 3.3.1 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. 3.3.2 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. 3.3.3 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. 3.3.4 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. 3.4 WARRANTY OF SERVICES: 3.4.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 3.4.2 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 SERIAL 171070-CI Contract in the manner and to the same extent as services originally furnished hereunder. 3.5 INSPECTION OF SERVICES: 3.5.1 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. 3.5.2 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. 3.5.3 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: 3.5.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and 3.5.3.2 Reduce the Contract price to reflect the reduced value of the services performed. 3.5.4 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: 3.5.4.1 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 3.5.4.2 Terminate the Contract for default. 3.6 REQUIREMENTS CONTRACT: 3.6.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved. 3.6.2 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. SERIAL 171070-CI 3.6.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy. 3.7 CONTRACTOR EMPLOYEE BACKGROUND CHECK: A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD. Contractors need to be aware that as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub-contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract. 3.8 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. 3.9 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 90 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 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 3.9.1 Cancel the stop-work order; or 3.9.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 3.9.3 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. 3.10 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. SERIAL 171070-CI 3.11 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: 3.11.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 3.11.2 Make progress, so as to endanger performance of this contract; or 3.11.3 Perform any of the other provisions of this contract. 3.11.4 exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 3.12 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 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. 3.13 CONTRACTOR LICENSE REQUIREMENT: 3.13.1 The Respondent 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 Respondent 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 using agency of any and all changes concerning permits, insurance or licenses. 3.13.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. 3.14 SUBCONTRACTING: 3.14.1 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 SERIAL 171070-CI the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 3.14.2 rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass- through the costs to the County, without mark- voice. 3.15 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. 3.16 ADDITIONS/DELETIONS OF SERVICE: 3.16.1 The County reserves the right to add and/or delete materials and 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 bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 3.16.2 The County reserves the right of final approval on proposed staff for all Task Orders. 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. 3.17 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. 3.18 SEVERABILITY: 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 this Contract. 3.19 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. 3.20 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 site 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 SERIAL 171070-CI this contract, CONTRACTOR shall not discriminate against any employee, client or any disability or national origin. 3.21 ISRAEL BOYCOTT: By signing this contract the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq. 3.22 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 3.22.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor 3.22.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 3.22.1.2 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3.22.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 3.22.1.4 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 3.22.2 The Contractor agrees to 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. 3.23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 3.23.1 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 . I-9 forms are available for download at USCIS.GOV. SERIAL 171070-CI 3.23.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 3.23 of this Section. Contractor and subcontractor shall be given reasonable notice of ime 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. 3.24 INFLUENCE: As prescribed in MC1-1202 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: 3.24.1 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, 3.24.2 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. 3.25 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 3.25.1 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. 3.25.2 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. 3.25.3 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 deduction from current billings Submitted by the Contractor by 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. SERIAL 171070-CI 3.26 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 3.27 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. 3.28 PUBLIC RECORDS: Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 3.29 PRICES: Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. 3.30 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. 3.31 RELATIONSHIPS: 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. 3.32 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 SERIAL 171070-CI 3.33 ORDER OF PRECEDENCE: In the event of a conflict agreement, if applicable, the terms of this Contract shall prevail. SERIAL 171070-CI IN WITNESS WHEREOF, this Contract is executed on the date set forth above. MARICOPA COUNTY CHIEF PROCUREMENT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 171070-CI ATTACHMENT 1 PRICING COMPANY NAME: Boatlift Technicians LLC DOING BUSINESS AS (DBA) NAME: MAILING ADDRESS: 18025 N. 43rd Drive, Glendale, AZ 85308 REMIT TO ADDRESS: TELEPHONE NUMBER: 602-791-9886 FACSIMILE NUMBER: WEB SITE: REPRESENTATIVE NAME: Eric Thomas REPRESENTATIVE TELEPHONE NUMBER: 602-791-9886 REPRESENTATIVE E-MAIL: phxboatlift@gmail.com PAYMENT TERMS: NET 30 DAYS Annual PM Semi-Annual PM Price per Item Description Trip Charge Price per visit visit Additional Notes Apache Lake $1,800.00 $2,050.00 Annual price includes an all-inclusive underwater inspection. Trip charge included in PM price. Price includes Minor repairs less than 1 hr. labor and material cost less the $50.00 Trip Charge for extra services (one per service call) $150.00 Annual PM Semi-Annual PM Price per Item Description Trip Charge Price per visit visit Additional Notes Bartlett Lake $1000.00 $1,250.00 Annual price includes an all-inclusive underwater inspection. Trip charge included in PM price. Price includes Minor repairs less than 1 hr. labor and material cost less the $50.00 Trip Charge for extra services (one per service call) $75.00 SERIAL 171070-CI Annual PM Semi-Annual PM Price per Item Description Trip Charge Price per visit visit Additional Notes Canyon Lake $900.00 $1,150.00 Annual price includes an all-inclusive underwater inspection. Trip charge included in PM price. Price includes Minor repairs less than 1 hr. labor and material cost less the $50.00 Trip Charge for extra services (one per service call) $100.00 Annual PM Semi-Annual PM Price per Item Description Trip Charge Price per visit visit Additional Notes Lake Pleasant $900.00 $1,150.00 Annual price includes an all-inclusive underwater inspection. Trip charge included in PM price. Price includes Minor repairs less than 1 hr. labor and material cost less the $50.00 Trip Charge for extra services (one per service call) $50.00 Annual PM Semi-Annual PM Price per Item Description Trip Charge Price per visit visit Additional Notes Saguaro Lake $900.00 $1,150.00 Annual price includes an all-inclusive underwater inspection. Trip charge included in PM price. Price includes Minor repairs less than 1 hr. labor and material cost less the $50.00 Trip Charge for extra services (one per service call) $100.00 Labor Rate - Extra Services Per Hr. $95.00 Business Hours Labor Rate - Extra Services Per Hr. $150.00 After Hours SERIAL 171070-CI Labor Rate - Extra Services Per Hr. $195.00 Weekend/Holiday Hourly Dive Rate extra service $125.00 2 hr. Minimum Materials Cost Plus 20% Floating Platform Flat fee per Deployment $200.00 Deployment SERIAL 171070-CI EXHIBIT 1 BOAT DOCK HOUSE INSPECTION REPORT SERIAL 171070-CI SERIAL 171070-CI BOATLIFT TECHNICIANS, LLC, 18025 N. 43RD DRIVE, GLENDALE, AZ 85308 PRICING SHEET: NIGP CODE 95990 Terms: NET 30 Vendor Number: VC0000010206 Certificates of Insurance Required Contract Period: To cover the period ending September 07, 2017 2018.