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CONTRACT PURSUANT TO RFQ
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This Contract is entered into this 14th day of June, 2017 between Maricopa County ("County"), a political subdivision
of the State of Arizona, and The Record Reporter, a California Corporation ("Contractor") for the purchase of Public
Legal Notices & Advertising services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of one (1) year, beginning on the 14th day of June, 2017 and ending the
1 Li 3th day of June, 2018
2.0 PAYMENTS:
2.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit "B"
2.2 Payment shall be made upon the County's receipt of a properly completed invoice.
2.3 INVOICES:
2.3.1 The Contractor shall submit in a manner acceptable to the County one (1) legible copy of
their detailed invoice before payment(s) can be made. At a minimum, the invoice must
provide the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract serial number or
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity
• Contract Item number(s)
• Description of service provided
• Pricing per unit of service
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Total Amount Due
2.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
2.3.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
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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/FinanceNendors.aspx).
2.3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
2.4 APPLICABLE TAXES:
2.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor's invoices.
2.4.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable 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 contractit is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
2.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker's Compensation.
2.5 TAX (SERVICES):
No tax shall be invoiced or paid against contractor's labor. It is the responsibility of the Contractor
to determine any and all applicable taxes and include the cost in the proposal price.
3.0 AVAILABILITY OF FUNDS:
3.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
3.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality
to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract,
County may amend, suspend, decrease, or terminate its obligations under, or in connection with,
this Contract. In the event of termination, County shall be liable for payment only for services
rendered prior to the effective date of the termination, provided that such services are performed in
accordance with the provisions of this Contract. County shall give written notice of the effective
date of any suspension, amendment, or termination under this Section, at least ten (10) days in
advance.
4.0 DUTIES:
4.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing by
the Procurement Officer.
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5.0 TERMS and CONDITIONS:
5.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are
not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim, damage,
loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment
of, or destruction of tangible property, including loss of use resulting there from, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused
by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly
employed by them, or anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be construed
as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
5.2 INSURANCE:
5.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing,
the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies
meet the approval of County. The form of any insurance policies and forms must be
acceptable to County.
5.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed
and formally accepted. Failure to do so may, at the sole discretion of County, constitute a
material breach of this Contract.
5.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
5.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
5.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
5.2.6 County reserves the right to request and to receive, within 10 working days, certified copies
of any or all of the herein required insurance certificates. County shall not be obligated to
review policies and/or endorsements or to advise Contractor of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed
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a waiver of County's right to insist on strict fulfillment of Contractor's obligations under
this Contract.
5.2.7 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 Insured's.
5.2.8 The policies required hereunder, except Workers' Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor's work or service.
5.2.9 The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be
primary insurance and that any insurance carried by the Department, its agents, officials,
employees or the State of Arizona shall be excess and not contributory insurance, as
provided by A.R.S. § 41-621 (E).
5.2.10 Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Contract.
5.2.11 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $1,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property damage, personal
injury, products and completed operations and blanket contractual coverage, and shall not
contain any provision which would serve to limit third party action over claims. There shall
be no endorsement or modification of the CGL limiting the scope of coverage for liability
arising from explosion, collapse, or underground property damage.
5.2.12 Workers' Compensation:
5.2.12.1 Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of Contractor's employees engaged in
the performance of the work or services under this Contract; and Employer's
Liability insurance of not less than $500,000 for each accident, $500,000
disease for each employee, and $500,000 disease policy limit.
5.2.12.2 Contractor waives all rights against County 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 pursuant to
this Contract.
6.2.19.2 Minimum Limits:
General Aggregate $2,000,000
Products/Completed Operations Aggregate $1,000,000
Each Occurrence Limit $1,000,000
5.2.13 Certificates of Insurance:
5.2.13.1 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
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required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
5.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written
on a "claims made" basis, coverage shall extend for two years past completion
and acceptance of Contractor's work or services and as evidenced by annual
Certificates of Insurance.
5.2.13.3 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.
5.2.14 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 Procurement Officer noted in solicitation.
5.3 WARRANTY OF SERVICES:
5.3.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County's acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
5.3.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any serVices failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
5.4 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after
issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for
actual and documentable costs incurred by the Contractor in response to the Purchase Order. The
County will not reimburse the Contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
5.5 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days
advance notice to the Contractor.
5.6 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
5.6.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
5.6.2 Make progress, so as to endanger performance of this contract; or
5.6.3 Perform any of the other provisions of this contract.
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5.6.4 The County's right to terminate this contract under these subparagraph may be 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.
5.7 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.
5.8 CONTRACTOR LICENSE REQUIREMENT:
5.8.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The Contractor shall keep fully informed of existing and
future trade or industry requirements, Federal, State and Local laws, ordinances, and
regulations which in any manner affect the fulfillment of a Contract and shall comply with
the same. Contractor shall immediately notify both Office of Procurement Services and the
using agency of any and all changes concerning permits, insurance or licenses.
5.8.2 If Contractor is furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, Contractor shall possess any
licenses required. Contractor is not relieved of its obligation to posses the required licenses
by subcontracting of the labor portion of the Contract. Contractors are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract.
5.9 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
5.10 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.
5.11 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
5.12 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.
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5.13 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
5.14 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors. Executive
Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be
viewed and downloaded at the Governor of the State of Arizona's website
http://www.azgovernor.govidms/upload/E0 2009 09.pdf which is hereby incorporated into this
contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall
not discriminate against any employee, client or any or any other individual in any way because of
that person's age, race, creed, color, religion, sex, disability or national origin.
5.15 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.
5.16 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
5.16.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief, that the Contractor, it's current officers and
directors;
5.16.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from being awarded any contract or grant by
any United States Department or Agency or any state, or local jurisdiction;
5.16.1.2 Have not within 3-year period preceding this Contract;
5.16.1.2.1 been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract;
and
5.16.1.2.2 been convicted of violation of any Federal or State antitrust statues
or conviction for embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property regarding a government entity transaction
or contract;
5.16.1.2.3 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.
5.16.1.2.4 If any of the above circumstances described in the paragraph are
applicable to the entity submitting a bid for this requirement, include
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with your bid an explanation of the matter including any final
resolution.
5.16.2 The Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier
covered transactions related to this Contract.
5.17 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
5.17.1 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. 1-9 forms are available for download at USCIS.GOV .
5.18 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:
5.18.1 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,
5.18.2 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.
5.19 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
5.19.1 The Parties agree that this Contract and employees working on this Contract will be subject
to the whistleblower rights and remedies in the pilot program on contractor employee
whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of
the Federal Acquisition Regulation;
5.19.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
5.19.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
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5.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
5.20.1 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.
5.20.2 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.
5.20.3 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.
5.21 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.
5.22 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
5.23 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this contract may include information that is
proprietary or confidential to the County. This provision establishes the contractor's obligation
regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that
no information contained in its records and/or obtained from the County or from others in carrying
out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers,
or employees, except as required to efficiently perform duties under the Contract. The Contractor's
procedures and controls at a minimum must be the same procedures and controls it uses to protect
its own proprietary or confidential information. If, at any time during the duration of the Contract,
the County determines that the procedures and controls in place are not adequate, the Contractor
shall institute any new and/or additional measures requested by the County within 15 days of the
written request to do so.
Any requests to the Contractor for County proprietary or confidential information s shall be referred
to the County for review and approval, prior to any dissemination.
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5.24 PUBLIC RECORDS:
Under Arizona law, all Contracts are public records and must be retained by the Records Manager
at the Office of Procurement Services. Contracts shall be open to public inspection and copying after
Contract award and execution, except for such Contracts or sections thereof determined to contain
proprietary or confidential information by the Office of Procurement Services.
5.25 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
5.26 INDEPENDENT CONTRACTOR:
5.26.1 Contractor's relationship to the County shall be as an independent contractor and not as an
employee.
5.26.2 This Contract does not constitute, create, give rise to or otherwise recognize a joint venture,
partnership, or employment relationship. The rights and obligations of the Parties shall be
only those expressly set forth in the Contract.
5.26.3 No persons supplied by Contractor in the performance of obligations under the Contract
are considered to be County employees, and no rights of County civil service, retirement
or personnel rules accrue to such persons. Contractor shall have complete responsibility
for all salaries, wages, bonuses, retirement withholdings, workmen's compensation, other
employee benefits and all taxes and premiums relating to such persons, and shall save and
hold the County harmless with respect to those responsibilities in the event of a claim for
one or more of them is brought against Maricopa County.
5.27 FURTHER ASSURANCES AND CORRECTIVE INSTRUMENTS:
he Parties will, from time to time, execute, acknowledge and deliver, or cause to be executed,
acknowledged and delivered, any corrective instruments as may be reasonably necessary to carry
out the intent of the Contract.
5.28 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
5.29 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable, the terms of this Contract shall prevail.
5.30 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
5.30.1 Exhibit A, Pricing;
5.30.2 Exhibit A-1, Total Cost to Publish Excerpts Based on First Insertion Cost and Subsequent
Insertion Cost(s);
5.30.3 Exhibit B, Scope of Work;
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NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
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IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
PRINTED NAME AND TITLE
74 ,,•d 7" H-/L o ws-Gt,
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
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EXHIBIT "A"
PRICING
COMPANY NAME: THE RECORD REPORTER
DOING BUSINESS AS (DBA) NAME:
MAILING ADDRESS: 2025 N THIRD ST. #160 PHOENIX, AZ 85004
REMIT TO ADDRESS: 2025 N THIRD ST. #160 PHOENIX, AZ 85004
TELEPHONE NUMBER: 602 417 9900
FACSIMILE NUMBER: 602 417 9910
WEB SITE: RECORDREPORTER.COM
REPRESENTATIVE NAME: DIANE HEUEL
REPRESENTATIVE TELEPHONE NUMBER: 602 417 9900
REPRESENTATIVE E-MAIL: Record Reporter@dailyjournal.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: F IT
NET 30 DAYS
Legal Advertising, Per Column Inch
Unit
Title Price Qty UofM Description Bidder Notes
FIRST INSERTION $1.00 I each SEE SECTION 2.0 FOR BASED ON $ PER
ADDITIONAL LINE x_lines to inch: $.08
DESCRIPTION x 12.43
SUBSEQUENT INSERTIONS $1.00 1 each REFER TO SECTION BASED ON $ PER
2.0 FOR LINE x_lines to inch: $.08
DESCRIPTION x 12.43
DISPLAY ADVERTISING PER COLUMN INCH
Unit
Title Price Qty UofM Description Bidder Notes
FIRST INSERTION $1.00 1 each REFER TO SECTION
2.0 FOR
DESCRIPTION
Subsequent Insertion(s) $1.00 1 each REFER TO SECTION
2.0 FOR
DESCRIPTION
Additional Discounts From Base Bid For:
Unit
Title Price Qty UofM Description Bidder Notes
Camera-Ready Copy 0.00% 1 each REFER TO SECTION
2.0 FOR
DESCRIPTION
Computer Tape Format 0.00% 1 each REFER TO SECTION
2.0 FOR
DESCRIPTION
SERIAL PQ170009-RFQ
FLOPPY DISC FORMAT 0.00% 1 each REFER TO SECTION
2.0 FOR
DESCRIPTION
E-MAIL 0.00% 1 each REFER TO SECTION
2.0 FOR
DESCRIPTION
Discount for Non-Legal Advertising in News Section
Unit
Title Price Qty UofM Description Bidder Notes
Discount for Non-Legal 0.00% 1 each REFER TO SECTION
Advertising in News Section 2.0 FOR
DESCRIPTION
PRINT SIZES
Unit
Title Price Qty UofM Description Bidder Notes
ADVERTSING COLUMN 1 each ADVERTSING LEGAL: 8.5 PICA
WIDTH COLUMN WIDTH
DISPLAY (10 PT): 8.5
PICA
Number of Characters per Printed 1 each Number of Characters LEGAL : 29
Line per Printed Line
DISPLAY (10 PT): 21
Total Number of Characters per 1 each Total Number of LEGAL : 360
column Inch Characters per column
Inch
DISPLAY (10 PT): 173
TOTAL COST TO PUBLISH EXCERPTS BASED ON 1ST INSERTION COST
Unit
Title Price Qty UofM Description Bidder Notes
Exhibit 2 - Notice of Auction of $12.81 1 each One (1) Insertion $ with % Discount: 0
Surplus Land Weekly Publication
Exhibit 3 - Treasurer's $9.10 1 each One (1) Insertion $ with % Discount: 0
Delinquent Tax List Weekly
Publication
Exhibit 4 - Truth in Taxation $3.80 1 each One (1) Insertion $ with % Discount: 0
Hearin - Notice of Tax Increase
Weekly Publication
Exhibit 5 - Notice of Call For Bid $4.80 1 each Two (2) Insertions $ with % Discount: 0
Weekly Publication
Exhibit 6 - Public Notice Weekly $5.00 1 each two (2) insertions $ with % Discount: 0
Publication
SERIAL PQ170009-RFQ
Newspaper Subscription Rate for County Departments
Unit
Title Price Qty UofM Description Bidder Notes
Subscription Rate for all Others $58.00 1 year [Five (5) Complimentary
Subscriptions, to be
designated by Materials
Management, plus, in
addition, subscriptions to
any County department
submitting advertising.
Complimentary
Subscriptions to be
provided at
no additional charge.]
SERIAL PQ170009-RFQ
EXHIBIT A-1
TOTAL COST TO PUBLISH EXCERPTS BASED ON FIRST INSERTION COST AND SUBSEQUENT INSERTION COST(S)
Total Cost to Publish Excerpts Based on First Insertion Cost and Subsequent Insertion Cost(s).
Publication Days r Sunday F Monday r Tuesday F Wednesday r" Thursday F Friday
Press Time 12:00 3 bus 12:00 3 bus days 12:003 bus days
days prior prior prior
r AM r AM r" AM r" AM r AM
PM FPM F pm IT PM F PM
Copy Pick-Up
Amount of Time Prior to Press-Time copy for Board of Supervisors Minutes must be picked-up for Publication *
(NOTE: Hours stated are normal business hours of 8am - 5pm, Monday - Friday, excluding State holidays.)
With Notice 32 business hours No Notice 41 business hours
Amount of Time Prior to Press-Time copy for County Budget must be picked-up for Publication *
With Notice 32 business hours No Notice 41 business hours
Amount of Time Prior to Press-Time copy for County Cost of Living Increases, Countywide Payroll Changes must be picked-up for Publication *
With Notice 32 business hours No Notice 41 business hours
Amount of Time Prior to Press-Time copy for County Treasurer's Delinquent Tax List must be picked-up for Publication
With Notice 32 business hours No Notice 41 business hours
Amount of Time Prior to Press-Time copy for Materials Managements Notice for Call for Bids must be picked-up or Emailed for Publication *
With Notice 32 business hours No Notice 41 business hours
Amount of Time Prior to Press-Time copy for other Legal Advertising must be picked-up for Publication *
With Notice 32 business hours No Notice 41 business hours
SERIAL PQ170009-RFQ
EXH1BT "B"
SCOPE OF WORK
1.1 TECHNICAL REQUIREMENTS:
Printing and/or publishing of all public legal notices and advertising requiring publication
such as election proclamations, legal notices regarding statutory matters of the Board of
Supervisors, resolutions, summons, notices of sale, delinquent tax lists, special notices, call
for bids, bids for construction and equipment, and the publishing of all matters as required
to be published by the Board of Supervisors under the laws of the State of Arizona provided
to Contractor for such printing and/or publishing.
1.1.2 The term "Newspaper" shall mean a newspaper printed and published in Maricopa County,
State of Arizona, which for at least one (1) year, has been admitted to the United States
Mail as second class matter, as set forth and meeting the requirements of Arizona Revised
Statutes, Sections §§11-255, 39-202, 39-203, 39-204, 39-205 and 39-221.
1.1.3 The term "Printing" shall mean reproducing in newspaper-form and style, any legal
publication or advertisement requiring public notice.
1.1.4 The term "Publishing" shall mean the production and distribution by a newspaper
containing public legal notices and/or advertising requiring notice to the general public by
the County Board of Supervisors within Maricopa County.
1.1.5 Each Respondent shall file with their bid, an affidavit showing that their newspaper
has been established and published within Maricopa County, State of Arizona, for a
period of at least one (1) year prior to the filing of such affidavit and has been
admitted to the United States mail as second-class matter for at least one (1) year.
1.1.6 Respondents shall state the day of week of publication, press time deadline and the number
of hours prior to press time copy will be accepted with and without notice. Copy for legal
publication and advertising for the Board of Supervisors shall be picked up by the
Contractor. Copy for the tentative annual budget will be available by 12:00 noon on the
Tuesday prior to the first week of publication.
1.1.7 The size of type shall be not less than five (5) or more than six (6) point type, set solid (no
leading). This is to apply whether letterpress, offset, computer tape or disc format is used.
The variance in type size shall not be greater than 5% over or under the specified size range.
Continuous wrap for text must be applied in all publication and advertising matter,
unless otherwise specified.
1.1.8 Legal notices from the Board of Supervisors, the tentative annual budget and other legal
publication and advertising will be furnished to Contractor in hard copy. The delinquent
tax rolls and the warrant register will be furnished, camera-ready, from computer print-out.
If available, any or all of the above may be furnished by the Contractor via a computer tape
or disc. All programming costs associated with computer tape or disc reproduction shall
be borne by the Contractor.
1.1.9 It shall be the Contractor's responsibility to secure computer media (tapes) or other
required information directly from the appropriate County department.
1.1.10 The proper formatting of computer media shall be the responsibility and cost of the
Contractor. Most County departments are standardized on WORD 6.0 Software and IBM-
Compatible Computers.
1.1.11 Pick up points generally shall be the County Downtown Administration Complex, Office
of the Clerk of the Board and Office of the Clerk of the Court, Monday through Friday, by
SERIAL PQ170009-RFQ
3:30 p.m. Pick-ups may be required from other County departments located
throughout Maricopa County.
1.1.12 Pick-ups scheduled for holidays shall be scheduled for the next County business day.
When lengthy material is picked up by the Contractor, the Contractor shall review the
material to ensure it is complete. The County shall be notified immediately by the
Contractor of any problems with copy.
1.1.13 The Contractor shall furnish to the using County department, without additional cost, an
affidavit of publication, within 10 days of publication, for each legal notice and/or
advertisement published. Contractor shall supply their Internet address in their response
to this bid. Contractor shall also furnish a spreadsheet to the Clerk of the Board indicating
the public libraries (name, address, and city) where the minutes will be sent, including the
regularly scheduled delivery date to each location.
1.2 BID REQUIREMENTS:
1.2.1 Bids submitted shall be on a per column inch basis, unless otherwise specified.
1.2.2 A separate price per column inch shall be bid for advertisements which are to be printed
and published display advertising style, in larger than 10 point type.
1.2.3 Respondents shall also indicate a discount percentage from their base bid which would be
applicable if the County would provide either camera ready copy, computer tape or disc
format.
1.2.4 Bids shall be made for the price for the first insertion of each advertisement, and a separate
price for each subsequent publication of the same advertisement, where there is a -
requirement for multiple publications in subsequent issues of the newspaper.