ORAL HEALTH AGMT WITH CITY OF PEORIA EVENT.PDF

City of Peoria, Arizona
Agreement
Agreement No: A16-196 Date: March 14, 2016
Materials and/or Services: Agreement with Maricopa County
Department of Public Health – Contact: Terry Andersen
First Teeth First
Location: City of Peoria, Materials Management Phone: (623) 773-7115
Mailing Address: 9875 N. 85th Avenue, 2nd Floor, Peoria, AZ 85345
OFFER
To the City of Peoria: The undersigned on behalf of the entity, firm, company, partnership, or other legal entity listed below offers on its behalf
to the City an Agreement that contains all terms, conditions, specifications and amendments in the Agreement issued by the City. Any exception
to the terms contained in the Agreement must be specifically indicated in writing and are subject to the approval of the City prior to acceptance.
The signature below certifies your understanding and compliance with Paragraph 1 of the City of Peoria Standard Terms and Conditions (form
COP 202) contained in the Agreement package issued by the City.
Fax
For clarification of this offer contact: Telephone: 602-506-6890 : 602-506-3081
Name: Vincent Torres, RDH, MHI, Program Supervisor Email: vincenttorres@mail.maricopa.gov
Maricopa County Department of Public Health, Office of Oral Health
Company Name Authorized Signature for Offer
4041 N Central Avenue, Suite 1400
Address Printed Name
Phoenix, AZ 85012
City State Zip Code Title
ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Peoria Use Only)
Your offer is accepted by the City, subject to approval of each written exception that your Agreement contained. The contract consists of the following documents:
1.) Agreement issued by the City; 2.) Your offer in Response to the City’s Agreement; 3.) This written acceptance and contract award.
As the contractor, you are now legally bound to sell the materials and/or services listed by the attached award notice, based on the Agreement, including all terms,
conditions, specifications, amendments and your offer as now accepted by the City. The Contractor shall not commence any billable work or provide any material,
service or construction under this contract until the Contractor receives an executed Purchase Order or Notice to Proceed.
Attested by: City of Peoria, Arizona. Effective Date:
Approved as to form:
Rhonda Geriminsky, City Clerk
CC: Stephen M. Kemp, City Attorney
Contract Number: Contract Awarded Date .
John R. Sefton, Jr., Community Services Director
Official File:
City Seal
Dan Zenko, Materials Manager
Copyright 2003 City of Peoria, Arizona
COP 203 (04/09/14)CF Page 1 of 13

Materials Management
Procurement
STANDARD TERMS AND 9875 N. 85th Ave., 2nd Floor
CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT.
1. CERTIFICATION: By signature in the Offer section of the Offer and Contract Award page (COP Form 203), the Vendor
certifies:
a. The submission of the offer did not involve collusion or other anti-competitive practices.
b. The Vendor shall not discriminate against any employee or applicant for employment in violation of Federal Executive
Order 11246.
c. The Vendor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip favor, or service to a public servant in connection with the
submitted offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any
resulting contracts, and the vendor may be debarred.
2. GRATUITIES: The City may, by written notice to the Contractor, cancel this contract if it is found by the City that
gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or
representative of the Contractor, to any officer or employee of the City with a view toward securing an order, securing
favorable treatment with respect to the awarding, amending, or the making of any determinations with respect to the
performing of such order. In the event this contract is cancelled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.
Paying the expense of normal business meals which are generally made available to all eligible city government customers
shall not be prohibited by this paragraph.
3. APPLICABLE LAW: In the performance of this agreement, contractors shall abide by and conform to any and all laws of
the United States, State of Arizona and City of Peoria including but not limited to federal and state executive orders
providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any
other federal or state laws applicable to this agreement.
Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act, the
Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. In addition, if this agreement
pertains to construction, Contractor must also comply with A.R.S. § 34-301, as amended (Employment of Aliens on Public
Works Prohibited) and A.R.S. § 34-302, as amended (Residence Requirements for Employees).
Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its
subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal immigration
laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter, “Contractor Immigration
Warranty”).
A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject
Contractor to penalties up to and including termination of this agreement at the sole discretion of the City. The City may, at
its sole discretion, conduct random verification of the employment records of Contractor and any Subcontractors to ensure
compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random
verifications performed.
Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty
if Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by
§§ 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-
214(A).
The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who
provide services under this agreement or any subcontract. “Services” is defined as furnishing labor, time or effort in the
COP 205 (08/2015)CF Page 2 of 13

Materials Management
Procurement
STANDARD TERMS AND 9875 N. 85th Ave., 2nd Floor
CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or
transportation facility or improvement to real property.
Contractor warrants, for the term of this agreement and for six months thereafter, that is has fully complied with the
requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities.
This contract shall be governed by the City and Contractor shall have all remedies afforded each by the Uniform
Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining
specifically to the City. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this
contract may be brought only in courts in the State of Arizona.
This contract is subject to the provisions of ARS §38-511; the City may cancel this contract without penalty or further
obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the City or any of its departments or agencies, is at any time while the
contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a
consultant to any other party of the contract with respect to the subject matter of the contract.
4. LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of
Peoria Procurement Code.
5. CONTRACT: The contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions,
all terms and conditions, specifications, scopes of work, attachments, and any amendments thereto, and (2) the offer
submitted by the Vendor in response to the solicitation. In the event of a conflict in language between the Solicitation and
the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in
writing, any contractual terms with the concurrence of the Contractor, and such written contract shall govern in case of
conflict with the applicable requirements stated in the Solicitation or the Vendor’s offer. The Solicitation shall govern in all
other matters not affected by the written contract.
6. CONTRACT AMENDMENTS: This contract may be modified only by a written Contract Amendment (COP Form 217)
signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor.
7. CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms, conditions, specifications and
other requirements found within the text of this specific Solicitation. All previous agreements, contracts, or other
documents, which have been executed between the Offeror and the City are not applicable to this Solicitation or any
resultant contract.
8. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the
contract will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision
is not inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be physically
amended to make such insertion or correction.
9. SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be
invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid
provision or application.
10. RELATIONSHIP TO PARTIES: It is clearly understood that each party will act in its individual capacity and not as an
agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or
construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or
Social Security payments will not be withheld from any City payments issued hereunder and that the Contractor should
make arrangements to directly pay such expenses, if any.
COP 205 (08/2015)CF Page 3 of 13

Materials Management
Procurement
STANDARD TERMS AND 9875 N. 85th Ave., 2nd Floor
CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
11. INTERPRETATION-PAROL EVIDENCE: This contract represents the entire agreement of the Parties with respect to its
subject matter, and all previous agreements, whether oral or written, entered into prior to this contract are hereby revoked
and superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of
the Parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the
purposes of carrying out the provisions of this contact. This contract may not be changed, modified or rescinded except as
provided for herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract
shall be void and of no effect.
12. NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or
interest in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an
affiliated successor or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its
option, may cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the
City’s written approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to
approve a delegation or assignment that results in a material change to the services provided under this Contract or an
increased cost to the City.
13. SUBCONTRACTS: No subcontract shall be entered into by the contractor with any other party to furnish any of the
material, service or construction specified herein without the advance written approval of the City. The prime contractor
shall itemize all sub-contractors which shall be utilized on the project. Any substitution of sub-contractors by the prime
contractor shall be approved by the City and any cost savings will be reduced from the prime contractor’s bid amount. All
subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the
subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the
subcontract and if the Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract
performance whether or not Subcontractors are used.
14. RIGHTS AND REMEDIES: No provision in this document or in the vendor’s offer shall be construed, expressly or by
implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of
default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the
contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City’s
acceptance of and payment for materials or services, shall not release the Contractor from any responsibilities or obligations
imposed by this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict
performance of the Contract.
15. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses
and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to,
arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its
employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor’s duty to defend, hold
harmless and indemnify the City, its agents, representatives, 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, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes,
omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of
subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be
legally liable.
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.
16. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in practice, overcharges resulting from
antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to
the City any and all claims for such overcharges as to the goods and services used to fulfill the Contract.
COP 205 (08/2015)CF Page 4 of 13

Materials Management
Procurement
STANDARD TERMS AND 9875 N. 85th Ave., 2nd Floor
CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
17. FORCE MAJEURE: Except for payment for sums due, neither party shall be liable to the other nor deemed in default
under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force
Majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without
its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war;
acts of terror, hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods;
lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; events or obstacles resulting
from a governmental authority’s response to the foregoing; and other similar occurrences beyond the control of the party
declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall
be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure
and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming
performance in accordance with this Contract.
Force majeure shall not include the following occurrences:
a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold
condition of the market, inefficiencies, or similar occurrences.
b. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this
Force Majeure term and Condition.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for
damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either
party is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party
in writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in
such notice. Such notice shall be hand delivered or mailed Certified-Return Receipt and shall make a specific reference to
this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and
shall notify the other party in writing. The time of completion shall be extended by contract modification for a period of
time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with
this contract.
18. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s
intent to perform he may demand that the other party give a written assurance of this intent to perform. In the event that a
demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an
anticipatory repudiation of the Contract.
19. WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform
to the specifications of this contract. Unless otherwise stated in Contractor’s response, the City is responsible for selecting
items, their use, and the results obtained from any other items used with the items furnished under this contract. Mere
receipt of shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect
the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements
may be set forth in the solicitation.
20. INSPECTION: All material and/or services are subject to final inspection and acceptance by the City. Materials and/or
services failing to conform to the specifications of this Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all:
a. Waive the non-conformance.
b. Stop the work immediately.
COP 205 (08/2015)CF Page 5 of 13

Materials Management
Procurement
STANDARD TERMS AND 9875 N. 85th Ave., 2nd Floor
CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
c. Bring material into compliance.
This shall be accomplished by a written determination for the City.
21. TITLE AND RISK OF LOSS: The title and risk of loss of material and/or service shall not pass to the City until the City
actually receives the material or service at the point of delivery, unless otherwise provided within this Contract.
22. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials and/or service shall fully comply with all
provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as
a whole.
23. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming
materials in each installment of lot of this Contract and may not substitute nonconforming materials. Delivery of
nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a
whole.
24. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation
and no tender of a bill of lading will operate as a tender of the materials.
25. LIENS: All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens
shall be delivered to the City.
26. LICENSES: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the
operation of the business conducted by the Contractor as applicable to this Contract.
27. PATENTS AND COPYRIGHTS: All services, information, computer program elements, reports and other deliverables,
which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or
released by the Contractor or any other person except with the prior written permission of the City.
28. PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications
shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in
satisfying the City’s needs. No person preparing specifications shall receive any direct or indirect benefit from the
utilization of specifications, other than fees paid for the preparation of specifications.
29. COST OF BID/PROPOSAL PREPARATION: The City shall not reimburse the cost of developing presenting or
providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically,
providing adequate information in a straightforward and concise manner.
30. RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any
Contractor as related to any contract held with the City. This right to audit also empowers the City to inspect the papers of
any Contractor or Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is
complying with the Contractor Immigration Warranty made pursuant to Paragraph 3 above.
31. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract, without prior written
consent of the City.
32. DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract.
All such documents shall reference the contract number as indicated on the Offer and Contract Award (COP Form 203).
COP 205 (08/2015)CF Page 6 of 13

Materials Management
Procurement
STANDARD TERMS AND 9875 N. 85th Ave., 2nd Floor
CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
33. FUNDING: Any contract entered into by the City of Peoria is subject to funding availability. Fiscal years for the City of
Peoria are July 1 to June 30. The City Council approves all budget requests. If a specific funding request is not approved,
the contract shall be terminated.
34. DISCLAIMER: The City of Peoria, Arizona provides current and complete solicitation information for registered Plan
Holders only. Updates, amendments and related information regarding the solicitation contained herein will be delivered
only to registered Plan Holders. The City assumes no liability or duty to so update or send any update to persons who are
not Plan Holders. Any person who acquires these documents from any source other than the City website or directly from
the Materials Management Division, has no assurance that the solicitation is valid. No person may amend this document,
nor may any person publish it without this disclaimer.
35. PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment will be
issued prior to receipt of material and/or services and correct invoice.
36. PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the City and shall
become a matter of public record available for review, subsequent to the award notification, in accordance with the City’s
Procurement Code. However, subsequent to the award of the contract, any information and documents obtained by the City
during the course of an audit conducted in accordance with Paragraph 30 above for the purpose of determining compliance
by Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain
confidential and shall not be made available for public review or produced in response to a public records request, unless the
City is ordered or otherwise directed to do so by a court of competent jurisdiction.
37. PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any
written form any City elected official or any City employee other than the Materials Management Division, the procuring
department, City Manager, Deputy City Manager or City Attorney’s office (for legal issues only) regarding the contents of
this solicitation or the solicitation process commencing from receipt of a copy of this request for proposals and ending upon
submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror’s
proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after
submission of a staff report for placement on a City Council agenda or engaging in any other protected first amendment
activity after submission of a staff report for placement on a City Council agenda.
38. PROHIBITED POLITICAL CONTRIBUTIONS: Consultant during the term of this Agreement shall not make a
contribution reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee
for any city elective office during the term of this Agreement. The City reserves the right to terminate the Agreement
without penalty for any violation of this provision
COP 205 (08/2015)CF Page 7 of 13

SPECIAL TERMS AND Materials Management
Procurement
CONDITIONS 9875 N. 85th Ave., 2nd Floor
Peoria, Arizona 85345-6560
Agreement Number: A16-196 Phone: (623) 773-7115
Fax: (623) 773-7118
1. Purpose : Pursuant to provisions of the City Procurement Code, the City of Peoria, Materials Management Division intends
to establish a contract for Passport to Summer Event.
2. Authority : This Solicitation as well as any resultant contract is issued under the authority of the City. No alteration of any
resultant contract may be made without the express written approval of the City Materials Manager in the form of an official
contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the City
Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but
not limited to, contract cancellation, suspension and/or debarment of the contractor.
3. Offer Acceptance Period: In order to allow for an adequate evaluation, the City requires an offer in response to this
Solicitation to be valid and irrevocable for sixty (60) days after the opening time and date.
4. Eligible Agencies: Any contract resulting from this Solicitation shall be for the exclusive use of the City of Peoria.
5. Contract Type: Fixed Price
6. Insurance Requirements: The Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved
unlicensed in the State of Arizona with policies and forms satisfactory to the City.
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 the City, constitute a material breach of this Contract.
The Contractor’s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained
by the City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy
warranty shall not affect coverage afforded under the insurance policies to protect the City.
The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation)
against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor’s
acts, errors, mistakes, omissions, work or service.
The insurance policies may provide coverage which contain deductibles or self-insured retentions. Such deductible and/or
self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The
Contractor shall be solely responsible for the deductible and/or self-insured retention and the City, at its option, may require
the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein
required insurance policies and/or endorsements. The City shall not be obligated, however, to review same or to advise
Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be
deemed a waiver of the City’s right to insist on, strict fulfillment of Contractor’s obligations under this Contract.
The insurance policies, except Workers’ Compensation and Professional Liability, required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.
7. Required Insurance Coverage:
a. Commercial General Liability
COP 205 (08/2015)CF Page 8 of 13

SPECIAL TERMS AND Materials Management
Procurement
CONDITIONS 9875 N. 85th Ave., 2nd Floor
Peoria, Arizona 85345-6560
Agreement Number: A16-196 Phone: (623) 773-7115
Fax: (623) 773-7118
Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each
occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $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 including, but not limited to, the liability assumed under the
indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc.
Policy Form CG 00011207 or any replacements thereof. The coverage shall not exclude X, C, U.
Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation
clause, nor any provision which would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service
Office, Inc.’s Additional Insured, Form B, CG 20370704, and shall include coverage for Contractor’s operations and
products and completed operations.
Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and
maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s and
Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may
arise in the prosecution of the Contractor’s work, service or operations under this Contract. Coverage shall be on an
occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same
insurance company that issues the Contractor’s Commercial General Liability insurance.
b. Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily
injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s any owned,
hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work. Coverage will be at least as
broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00010306, or any replacements
thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials
or wastes are to be transported, MCS 90 endorsement shall be included and $1,000,000 per accident limits for bodily
injury and property damage shall apply.
c. Workers’ Compensation
The Contractor shall carry 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; and, Employer’s
Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000
disease policy limit.
In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers’ Compensation and
Employer’s Liability to at least the same extent as required of the Contractor.
8. Certificates of Insurance : Prior to commencing work or services under this Contract, Contractor shall furnish the City with
Certificates of Insurance, and formal endorsements as required by the Contract, issued by Contractor’s insurer(s), as
evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and
effect.
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 the Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to
the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title. A $25.00 administrative fee will be assessed
COP 205 (08/2015)CF Page 9 of 13

SPECIAL TERMS AND Materials Management
Procurement
CONDITIONS 9875 N. 85th Ave., 2nd Floor
Peoria, Arizona 85345-6560
Agreement Number: A16-196 Phone: (623) 773-7115
Fax: (623) 773-7118
for all certificates received without the appropriate bid serial number and title.
9. Cancellation and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) days prior written notice to the City.
10. Independent Contractor:
a. General
i. The Contractor acknowledges that all services provided under this Agreement are being provided by him as an
independent contractor, not as an employee or agent of the City Manager or the City of Peoria.
ii. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into
other contracts nor prohibited from practicing his profession elsewhere.
b. Liability
i. The City of Peoria shall not be liable for any acts of Contractor outside the scope of authority granted under this
Agreement or as the result of Contractor’s acts, errors, misconduct, negligence, omissions and intentional acts.
ii. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its
agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and
expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to,
arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the
Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor’s
duty to defend, hold harmless and indemnify the City, its agents, representatives, 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, or destruction of property including loss of use resulting
therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract
including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors,
mistakes, omissions, work or services the Contractor may be legally liable.
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.
c. Other Benefits
The Contractor is an independent contractor, therefore, the City Manager will not provide the Contractor with health
insurance, life insurance, workmen’s compensation, sick leave, vacation leave, or any other fringe benefits. Further,
Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act
(COBRA). Any such fringe benefits shall be the sole responsibility of Contractor.
11. Licenses: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the
operation of the business conducted by the Contractor.
12. City of Peoria Business License: Peoria City Code requires that all persons conducting business in the City of Peoria must
first obtain a license. This includes businesses within the Peoria city limits, or those outside the limits who conduct business
or perform services within Peoria. For business license questions or to obtain a license, please contact the City of Peoria
Sales Tax & License Division at (623) 773-7160 or via email at salestax@peoriaAZ.gov.
13. Contract Termination: Any contract entered into as a result of this Solicitation is for the convenience of the City and as
such, may be terminated without default by the City by providing a written thirty (30) day notice of termination.
COP 205 (08/2015)CF Page 10 of 13

SPECIAL TERMS AND Materials Management
Procurement
CONDITIONS 9875 N. 85th Ave., 2nd Floor
Peoria, Arizona 85345-6560
Agreement Number: A16-196 Phone: (623) 773-7115
Fax: (623) 773-7118
14. Safety Standards: All items and/or services supplied on this contract shall comply with the current applicable
Occupations Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and
the National Fire Protection Association Standards.
15. Affirmative Action: It is the policy of the City of Peoria that suppliers of goods or services to the City adhere to a policy
of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race,
color, religion, gender, national origin, age or disability. The City of Peoria encourages diverse suppliers to respond to
solicitations for products or services.
COP 205 (08/2015)CF Page 11 of 13

Materials Management
SPECIAL PROVISIONS Procurement
9875 N. 85th Ave., 2nd Floor
Peoria, Arizona 85345-6560
Agreement Number: A16-196 Phone: (623) 773-7115
Fax: (623) 773-7118
VENDOR CONTRACT FOR SPECIAL EVENTS
Maricopa County Department of Public Health - First Teeth First (hereinafter "County") is authorized on behalf of the
County to conduct dental screenings and hereby agrees to provide the City of Peoria (hereinafter "Peoria") with the services
listed below, at the location listed below, on the date listed below, and according to the terms and conditions listed below.
Responsibilities of Maricopa County Department of Public Health -First Teeth First
1. The County will furnish:
a. Dental screenings and varnishes for children age 5 and under, dental screenings for pregnant women and informational
handouts, on Saturday, May 7, 2016 from 10:00 am – 2:00 pm at Rio Vista Recreation Center located at 8866A W.
Thunderbird Road, Peoria, AZ 85382.
b. A gift basket/prize that will be raffled off during the event to an attendee.
c. County will have exhibit set up and ready to go by 9:00 am. Screenings and booth include: a staff of two (2) registered
dental hygienist to perform dental screenings and varnishes, two (2) bilingual site assistants and one (1) health educator
to hand out resource information.
Responsibilities of the City of Peoria
1. The City will furnish :
a. Space for both the informational booth and dental screenings
b. 1 informational table/2 chairs and 1-2 tables/2-6 chairs for dental screenings
Terms of Payment
Both parties agree no money will be exchanged. City shall have no additional expenses or charges not expressly authorized in
writing by City in this Agreement.
Special Terms for County
If for any reason the County is unable to set up the service on the date of the Special Event scheduled above, the County
Representative will notify Debbie Pearson (Human Services Coordinator) at least ten (10) days before the scheduled time for
the Special Event. It is further understood that in the event the County is unable to set up the event on the date listed above, the
City of Peoria reserves the right to cancel this contract without penalty according to the terms more fully listed below.
The County and its members will at all times conduct themselves in a proper, acceptable, and professional manner with the dress
and decorum of the attraction, being consistent with what would typically be expected for a public event which would be open to
people of all ages and which may likely include minors in attendance. It is understood by the County that if the behavior, dress,
and/or performance of the County member does not meet Peoria's standards of professionalism, Peoria may terminate this
contract according to the terms and conditions more fully listed below.
Cancellation of Contract
This contract may be terminated by Peoria without cause and without penalty by providing County with at least twenty-four (24)
hours’ notice via the address listed for County below or by contacting the County's owner or agent at the phone number listed
below. In the event the City's Human Services Coordinator is notified by County that one or more of its essential members will
not be able to set up the event at the scheduled date and time, Peoria reserves the right to cancel this contract without cause and
without penalty either at the time of such notification.
COP 223 (04/09/14)CF Page 12 of 13

Materials Management
SPECIAL PROVISIONS Procurement
9875 N. 85th Ave., 2nd Floor
Peoria, Arizona 85345-6560
Agreement Number: A16-196 Phone: (623) 773-7115
Fax: (623) 773-7118
Conflicts of Interest.
The Parties to this agreement acknowledge the provisions of A.R.S.§ 38-511 providing for cancellation of this agreement due
to conflicts of interest.
CITY CONTACT: COUNTY CONTACT:
Debbie Pearson Clint Hickman – Chair, Board of Supervisors
Human Services Coordinator Vincent Torres-Office of Oral Health Supervisor
Maricopa County Department of Public Health
Office of Oral Health
ADDRESS: ADDRESS:
9875 N 85th Ave 1645 E. Roosevelt, 2nd Floor
Peoria, AZ 85345 Phoenix, AZ 85006
PHONE: PHONE:
623-773-7070 602-506-6890
EMAIL: EMAIL:
Debbie.Pearson@peoriaaz.gov VincentTorres@mail.maricopa.gov
IN WITNESS WHEREOF, the parties agree to enter into this Agreement and its Amendments:
FOR AND ON BEHALF
OF MARICOPA COUNTY
By_____________________________
Chairman, Board of Supervisors
_______________________________
Date
ATTEST:
_______________________________
Clerk of the Board
_______________________________
Date
APPROVED AS TO FORM:
_______________________________
Attorney for Maricopa County
_______________________________
Date
COP 223 (04/09/14)CF Page 13 of 13