14064-CONTRACT.DOC

SERIAL 14064-S COMBINED TOWING AND STORAGE SERVICES
DATE OF LAST REVISION: March 11, 2015 CONTRACT END DATE: March 31, 2016
CONTRACT PERIOD THROUGH MARCH 31, 2016
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for COMBINED TOWING AND STORAGE SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on March 11, 2015 (April 01, 2015).
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.
Wes Baysinger, Chief Procurement Officer
Office of Procurement Services
JG/jl
Attach
Copy to: Office of Procurement Services
Gidget Vigil, Equipment Services
John Newman, MCSO
14064-Towing 14064-Towing
Matrix-MCSO.xlsx Matrix-Equipment Ser
(Please remove Serial 07126-S and 13062-S from your contract notebooks)

SERIAL 14064-S
COMBINED TOWING AND STORAGE SERVICES
1.0 INTENT:
The intent of any resultant contract(s) is for the provision of 24 hour per day/ 7 day a week vehicle towing
and storage service for Maricopa County (County). The solicitation addresses County owned fleet &
equipment to be towed, administered by Maricopa County Equipment Services Department (ESD) and
public vehicle tows and storage services, managed by Maricopa County Sheriff's Office (MCSO).
In order to ensure adequate coverage of the requirements for towing services for County owned fleet &
equipment awards may be made in whole, geographic zones or multiple awards. Towing and storage
services for public vehicles may be awarded by geographic or on a rotational basis based on County
defined towing boundaries for MCSO requested services. This includes tows under A.R.S. §§ 28-872, 28-
4838 and 28-3511.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.8 and 3.9, below).
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where
the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to
ensure adequate competition on any project or task order work.
2.0 SCOPE OF SERVICES:
2.1 QUALIFICATION REQUIREMENTS:
2.1.1 EXPERIENCE:
The Contractor shall provide a minimum of three (3) references including contact
information from governmental entities (state, city, county, other municipality) in
Attachment C in order for the County to verify the Respondent’s capabilities and
responsibility. If the Contractor has not performed these services for three governmental
entities, the contractor shall provide three references including any governmental entity
for which services have been provided or up to three commercial references (e.g. AAA,
USAA, etc.).
2.1.2 EQUIPMENT:
The Contractor shall have a sufficient quantity of power-operated tow and capable of
performing recovery work as defined in the Department of Public Safety (DPS) Tow
Truck Rules and Regulations in good, serviceable condition available to County as
needed for which they are providing service(s). Contractor shall provide documentation
reflecting DPS certification or approval and a list of equipment intended for use under
any resultant contract in Attachment D.
2.1.3 STORAGE FACILITY: (MCSO ONLY)
The Contractor shall maintain a storage facility of sufficient size to hold all MCSO towed
vehicles in accordance with Section 2.3.7 and the storage facility shall not be located within
a wrecking yard in the business of dismantling vehicles. A description of storage facilities,
including address, size and hours of operation shall be submitted on Attachment E.
2.2 COUNTY VEHICLE SERVICES: (EQUIPMENT SERVICES)
2.2.1 TOWING REQUIREMENTS:
2.2.1.1 The Contractor shall provide recovery – towing services for the following types
of equipment / vehicles, but not limited to:

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 Heavy construction trucks and equipment,
 Street sweepers,
 Passenger cars and light trucks,
 Medium to heavy duty trucks,
 Forklifts,
 Utility/golf carts
2.2.1.2 Tow weight classifications:
2.2.1.2.1 Heavy Trucks: vehicles greater than 28,001 26001 GVW.
2.2.1.2.2 Medium Trucks: vehicles 11,001 to 28,000 10,001 to 26,000 GVW.
2.2.1.2.3 Passenger vehicles and Light Truck, forklifts, utility/golf carts: up to
11,000 10,000 GVW.
2.2.1.2.4 Oversize/Overweight loads of non-towable vehicle/equipment from
12,001 to 80,000 GVW
2.2.1.3 Tow Clearance:
The Contractors will be dispatched to County parking garages for tow service.
The tow vehicle will need clearance of 7 foot. There is a space provide for you
to indicate if you have a tow vehicle that will meet this criteria on Attachment
D. This is not part of the award criteria, only for information use.
2.2.2 DISABLED VEHICLES:
A vehicle that does not require towing, requires
 A lockout; opening a locked vehicle
 Refueling; gasoline or diesel a flat rate service call with fuel;
 Jumpstart
2.2.3 OFF ROAD RECOVERY:
The tow equipment must be capable of leaving the normal public roadway to recover a
vehicle from a desert area, farm field, ditch, river, lake or canal, etc.
2.2.4 WATER RECOVERY:
The Contractors employee(s) must be able to enter into the water above the knees to hook
up a vehicle submerged in water and/or when a vehicle is totally submerged in water
shall, in accordance with all applicable safety requirements, have the capability to
recover partially or totally submerged vehicles..
2.2.5 WINCH RECOVERY:
The Contractors must be able to utilize a winch to recover a vehicle to an upright position
or when a vehicle is in a location not accessible by other towing equipment.
2.2.6 EQUIPMENT REQUIREMENTS:
2.2.6.1 The Contractor shall have a sufficient quantity of power-operated tow vehicles
and transport trailers in good, serviceable condition available to ESD as needed
for the service type (light, medium, heavy duty, or oversize/overweight).
2.2.6.2 All tow vehicles must carry sufficient equipment necessary to prevent damage to
a towed vehicle, including but not limited to, chains, slings, bumpers, snatch

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blocks, brooms, shovels and buckets and/or containers for carrying trash, debris,
etc., from service location.
2.2.6.3 Carry a minimum of two (2) motorcycle tie-down straps.
2.2.6.4 A transport 50 foot trailer to transport oversize/overweight loads of non-towable
vehicle/equipment from 12,001 to 80,000 60,000 GVW.
2.2.6.5 A platform trailer body used to haul oversized vehicles / equipment; forklifts,
Utility Carts and tractors.
2.2.6.6 Any failure to provide the above listed equipment or items on site may result in
loss of a service call.
2.2.6.7 The contractor must comply with all Federal and State Motor Carrier Safety
requirements and obtain the required oversize/overweight permits as necessary.
2.2.6.8 All vehicles used to provide service shall have a current Arizona Vehicle
Emission Inspection Certificate to exhibit compliance with local emissions
standards.
2.2.6.9 All tow vehicles shall have the Contractor’s name painted in a minimum of three
(3) inch letters on both sides and shall display a DPS inspection seal. All drivers
shall carry business cards stating the location and telephone number of the
storage facility.
2.2.7 DRIVER’S REQUIREMENTS:
The Contractor’s tow truck drivers shall meet the requirements specified in Title 13,
Public Safety, and Chapter 3. Department of Public Safety, Tow Trucks.
2.2.8 EQUIPMENT INSPECTION:
Inspection and approval of the towing equipment by ESD may be necessary before this
agreement is awarded. Any change or substitution of the towing equipment shall be
subject to a prior written approval from Office of Procurement Services and ESD.
2.2.9 ROUTINE RECOVERY:
Routine recovery shall include call-out, travel time, hook-up, preparation to tow, clean-up
of debris, first 50 miles, round trip. If mileage exceeds this amount apply mileage rate to
invoice, if applicable. Tow driver must read odometer from location the call was
dispatched to designated location.
2.2.10 SERVICE REQUESTS:
2.2.10.1 ESD will dispatch service calls to the Contractor. The dispatch information will
include:
 Location / directions;
 Type of vehicle;
 Reason vehicle down;
 Vehicle color;
 County vehicle number;
 Vehicle plate number;
 Call-back number;
 Designated facility to deliver the County vehicle/equipment; and
 Instructions if Other Road Services are required.

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2.2.10.2 Do not perform any service without a work order/equipment number.
Exceptions are made when service calls are dispatched afterhours. In these
situations, the contractor must provide the County vehicle identification as
described above section 2.2.5.1. on the invoice.
2.2.11 RESPONSE TIME:
2.2.11.1 The Contractor shall provide a twenty-four (24) hour dispatch telephone number
to request towing service. Contractor must acknowledge their acceptance of a call
immediately.
2.2.11.2 The Contractor shall respond and arrive at the designated location within one (1)
hour from the time the service call was made.
2.2.11.3 Response time may be extended by ESD to allow for safe drive time or to
compensate for weather conditions and unforeseen road and highway closures
and detours.
2.2.11.4 If the contractor cannot meet the required response times, it shall be related at
the time of the dispatch or when delays occur after acceptant, contact our
customer service line at 602-506-4678 or our Service Writers direct lines 602-
506-4666 or 2886 to make other arrangements. Note: our customer service line
602-506-4678 is on an automated system after close of business at 4:30 p.m.
through next business day at 6:00 a.m. and all day when the County is close for
the holidays.
2.2.11.5 The Contractor must have the ability to communicate with their drivers via
radio, cell phone or other like equipment. This will allow ESD to have the
ability to pass-on information to the driver through the contractor’s dispatch as
the driver responses to a call.
2.2.12 GONE ON ARRIVAL:
In the event the contractor arrives at the tow scene and is unable to tow the vehicle due to
erroneous information provided by ESD, the contractor will note the location, arrival and
departure time, reason for non-performance of service, and bill the County accordingly,
as specified on the pricing pages (Attachment A). This condition shall be known as,
“Gone on Arrival” (GOA).
2.2.12.1 In the event the County cancels a towing assignment due to the Sheriff’s Patrol
requiring a vehicle to be immediately removed for public safety, the contractor
cannot charge the County a GOA charge.
2.2.13 STAND-BY TIME:
Stand-by time shall be paid at an hourly rate and after one-half (1/2) hour of continuous
time at the designated location. No stand-by charge shall reflect the County when the
conditions is the result of circumstances created by the Contractor such as, waiting for
additional or different equipment.
2.2.14 GEOGRAPHIC AREAS:
The County may determine to award in three (3) geographic zones. The zones are as
outlined below. (See Exhibit 3 for map of areas.)
2.2.14.1 Zone #1. All of Maricopa County east of Interstate 17. This includes the
northbound lanes of Interstate 17. The overlap area of I-17 and I-10 in central
Phoenix is covered in this area.

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2.2.14.2 Zone #2. All of Maricopa County west of Interstate 17 and south of Interstate
10. This includes the eastbound lanes of I-10. I-10 in this area starts at the I-17
and I-10 interchange at the stack.
2.2.14.3 Zone #3. All of Maricopa County west of Interstate 17 and north of Interstate
10. This includes the southbound lanes of I-17 and the westbound lanes of I-10.
I-10 in this area starts at the I-17 and I-10 interchange at the stack.
All vehicles will be towed to Equipment Services at 3325 W. Durango Street, Phoenix,
Arizona 85009 unless otherwise specified by ESD.
2.2.15 ADDITIONAL SERVICE LOCATIONS:
Contractors may have multiple business locations included on the resulting contract and
must provide a list of addresses for all locations to be included at the same pricing and
indicate in which zone the Contractor’s business is located.
2.3 ROTATIONAL TOWING AND STORAGE SERVICES: MCSO
2.3.1 GENERAL:
2.3.1.1 Contractor shall promptly comply with all lawful instructions from citizens, or the
citizen’s authorized agent, relating to the disposition of his or her vehicle. The
Contractor shall promptly comply with all lawful written instructions received
from a company representing itself, in writing, as the owner’s insurance company.
Acceptable evidence of representation is any statement to that effect, naming the
owner, on a preprinted form bearing the name of the insurance company. A copy
of this written evidence of representation shall be retained at the Contractor’s
place of business for one (1) year from the date of receipt.
2.3.1.2 Citizen(s) involved in a vehicular accident or whose vehicle is disabled and must
be towed have the option of:
2.3.1.2.1 Using the towing zone contractor;
2.3.1.2.2 Using the services of any other towing company; or
2.3.1.2.3 Using any other form of tow service.
2.3.1.3 Towing services shall be available twenty-four (24) hours per day and every
calendar day of the year.
2.3.1.4 When a Contractor is called as a result of this Contract, the Contractor is
prohibited from entering into any agreement with a citizen that is not expressly
permitted by this Contract. The charges to a citizen resulting from responses to
calls made under this Contract are limited to the Contract fee specified in
Attachment A. The Contractor must accept all vehicles and cannot pick and
choose vehicles.
2.3.1.5 The Contractor shall not perform any additional services relating to citizen
property without the express written consent of the citizen before the service(s)
is/are performed. The contractor shall maintain records of any additional services
authorized by a citizen and have them available for review.
2.3.1.6 Vehicles shall be towed to Contractor’s storage facility closest to the incident.
Vehicles shall not be towed to any other business, unless requested by the citizen.
If a citizen is charged a fee of any kind in order to remove their vehicle from a
business other than Contractor’s designated storage facility and the vehicle was
not towed there at the citizen’s request, Contractor will be responsible for those
fees and will be sanctioned in accordance with Sections 2.3.28 and/or 2.3.29 of
this document.

SERIAL 14064-S
2.3.1.7 Vehicles impounded under A.R.S. §28-3511 will be towed directly and only to the
location designated by either MCSO Dispatch or the on-scene deputy. Interim
stops are not allowed.
2.3.2 EQUIPMENT:
2.3.2.1 The Contractor shall have a sufficient quantity of power-operated tow vehicles
in good, serviceable condition available to MCSO as needed for the service type
(light, medium or heavy duty) for which they are providing service(s). All tow
vehicles must be Department of Public Safety (DPS) inspected and capable of
performing accident recovery work as defined in the DPS Tow Truck Rules and
Regulations. Light duty tow vehicles may be either “boom”-type or rollback.
All tow vehicles at all times must carry sufficient equipment necessary to
prevent damage to a towed vehicle, including but not limited to, chains, slings,
bumpers, snatch blocks, brooms, shovels and buckets and/or containers for
carrying trash, debris, etc., from service and/or collision scenes. Rollback
and/or tilt-bed vehicles must, in addition, carry a minimum of tow (2)
motorcycle tie-down straps. Non-rollback vehicles must have dollies on the
vehicle at all times. Any failure to provide the above listed equipment or items
on site may result in loss of a service call at the deputy’s discretion.
2.3.2.2 Vehicles intended for use as Heavy Duty tow vehicles shall meet and all federal,
state and local requirements. They shall be inspected and passed by Motor
Vehicles Division and DPS prior to use under this Contract. Inspections will be
verified prior to vehicle being allowed or included into the rotation.
2.3.2.3 Contractor equipment shall comply with the requirements of City and State laws
and DPS Tow Truck Rules and Regulations (Title 13, Public Safety, Chapter 3.
DEPARTMENT OF PUBLIC SAFETY, TOW TRUCKS, see website
http://www.azdps.gov/Services/Commercial_Vehicles/Regulations/). All
vehicles used to provide service shall have a current Arizona Vehicle Emission
Inspection Certificate to exhibit compliance with local emissions standards unless
exempted due to Contractor’s location.
2.3.2.4 All tow vehicles shall have the Contractor’s name painted in a minimum of three
(3) inch letters on both sides and shall display a DPS inspection seal. All drivers
shall carry business cards stating the location and telephone number of the storage
facility.
2.3.2.5 The Contractor’s tow vehicles may be used for other business purposes when not
providing services under this Contract.
2.3.2.6 All Contractor tow vehicles shall have operational two-way radios, mobile
telephones or other like equipment, installed for communication with Contractor’s
dispatcher.
2.3.2.7 Trailers or wheeled dollies shall not be used for towing under this Contract.
2.3.3 RESPONSE:
2.3.3.1 Contractor shall provide a single, 24-hour telephone number to MCSO to use to
request towing services. Contractor must acknowledge their acceptance of a call
immediately. If contact is made with an answering machine, Contractor will lose
the tow and be placed on the bottom of the Towing Area List rotation. Contractor
must immediately acknowledge if they can meet the time requirement for arriving
on scene as stated below.
2.3.3.2 The Contractor shall respond and arrive at the scene within thirty (30) minutes of
the time the call is received, when a deputy or other MCSO employee is standing

SERIAL 14064-S
by. When no deputy or other MCSO employee is standing by (per MCSO
Dispatch) the tow must be completed within three (3) hours. Failure by the
Contractor to meet the response time requirement for an acceptable number of
calls, as determined by County, may be considered grounds for suspension or
termination of this Contract. County recognizes that occasions may arise in which
the Contractor may be unable to supply a tow vehicle or respond within the
required response time. In this situation, the County may use another Contractor
on the contracted towing list.
2.3.3.3 Response time may be extended by MCSO to allow for reasonable and safe
driving time or to compensate for periods of inclement weather that would create
hazardous driving conditions as well as unforeseen highway closures and detours,
or for parking limitations imposed by municipalities. It is also recognized there
may be remote areas within certain tow zones where there may not be sufficient
Contract coverage, thereby causing the response time to be longer than 30
minutes. County will take this into consideration when the response time exceeds
30 minutes in those zones.
2.3.3.4 The Contractor must have the ability to communicate with its drivers via radio,
mobile telephone or other like equipment, so MCSO Dispatch has the ability to
pass-on information to the driver through the Contractor’s dispatch center as the
driver responds to a call. The use of an answering service as a means of
communication with MCSO must be approved by the MCSO District Commander
or his designate and must provide confirmation that the driver received the call.
2.3.3.5 If the Contractor’s tow vehicle arrives at the requested location more than ten (10)
minutes after, or notifies MCSO Dispatch that it will not arrive at the requested
location more than ten (10) minutes after the required response time, the deputy on
scene may declare the Contractor as non-responsive and request MCSO Dispatch
to contact another Contractor’s tow vehicle to the scene. MCSO Dispatch will
notify the non-responsive Contractor that their call has been cancelled due to late
response.
2.3.3.6 In a case where two (2) tow vehicles have been dispatched with one (1) Contractor
on-scene with a tow vehicle capable of towing both vehicles and the second
Contractor’s tow vehicle will not be on-scene within the required response time,
the deputy may authorize the on-scene Contractor to tow both vehicles. MCSO
Dispatch will notify the second Contractor that its tow has been cancelled. The
cancelled Contractor will go to the bottom of the rotation in this event.
2.3.3.7 Contractor must respond to special requests from MCSO for the immediate
removal of some vehicles. MCSO will pay the contract towing and storage fees
for any abandoned or impounded vehicle seized by MCSO in error. Contractor
must provide MCSO an emergency phone number to facilitate release of a vehicle
impounded in error. MCSO will be the sole judge of any impounding error.
2.3.3.8 Under no circumstances, shall Contractor combine a County/MCSO tow with a
non-County/MCSO tow. Tow vehicles responding on-scene with a vehicle
already loaded or in-tow will be rejected as non-responsive to the call and
Contractor will be subject to possible suspension.
2.3.3.9 Contractor shall be allowed to tow vehicles with trailer combinations belonging to
the same owner and provided the Contractor has the equipment to do so. The
Contractor shall only charge for each hookup, and multiple storage fees per
vehicle. Multiple towing mileage charges do not apply, and Contractor shall
charge mileage for only one item. This also includes special tow requests on all
piece items (i.e. scrap materials, doors, blocks, generators etc.)

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2.3.4 CALL CANCELLATION:
The Contractor agrees that when he responds to a call and the call is cancelled before the tow
vehicle reaches the scene or tow vehicle reaches the scene and is released before any work or
service the Contractor may invoice for one (1) applicable call-out hour in accordance with
Attachment A, Section 2.4, unless cancelled due to late response time.
2.3.5 SITE CLEAN-UP:
The Contractor shall be clean-up debris at the scene of accidents to which they have
responded unless otherwise instructed by the deputy. The Contractor may make reasonable,
addition charges, (e.g. extra equipment and/or labor), for spilled cargo recovery, vehicle
recovery from filled waterways, or other extraordinary circumstances based on actual time
and cost expended on the clean-up upon approval of the deputy. (Contractors are not
permitted to use juveniles (persons under the age of 18 years) to perform this clean-up or
any other function at the collision or call-out scene unless exempt under A.R.S. §23-235).
2.3.6 USE OF ANOTHER TOW SERVICE:
Contractor agrees that requests by vehicle owners or vehicle operators for another tow
service will be honored if the on-scene deputy determines it is reasonable.
2.3.7 STORAGE FACILITY:
2.3.7.1 The Contractor shall maintain a storage facility of sufficient size to hold all
vehicles towed for MCSO under this Contract, but shall not be located within
a wrecking yard that is in the business of dismantling vehicles. The storage
facility shall be located within the Contract Zone, or at the discretion of
MCSO: within an adjacent Zone at a location that is within a fifteen (15) mile
radius of the approximate center of the Contract Zone(s), for all tows. The
facility shall meet all state and local laws and ordinances. The Contractors
storage facility must be located within the geographic limits of individual area
designations as described in Exhibit 3. All vehicles towed under this Contract
shall be stored in the storage facility described in Attachment E. (Exception:
Contractor’s storage facility may be located outside the stated tow zone
boundaries only if approved MCSO. This approval will only be given under
special circumstances, such as there being no commercial property available
in the immediate area to meet the requirements of this Section 2.3.7.1.)
2.3.7.2 The storage facility must be in a fenced area used exclusively for towed
vehicles, though not towed exclusively under this Contract. The fence shall
be at least six (6) feet in height. The fence may be constructed from chain
link, masonry, wood or an equivalent fencing/security measure deemed
sufficient by MCSO. Strands of barbed wire or fencing commonly known as
“hog wire” or “chicken wire” are not allowed. The storage facility shall have
lighting to provide sufficient illumination to ensure the security of all stored
vehicles in Contractors care; or Contractor may substitute with round-the-
clock, on-site security personnel. Physical security measures outside the
current scope (as listed in section 2.3.7.2) shall be deemed acceptable with
prior approval from the Tow Coordinator and/or Office of Procurement
Services. The Contractor’s telephone number shall be prominently posted on
the storage facility location for after-hours vehicles release.
2.3.7.3 Contractor shall hold County and MCSO harmless for the safekeeping of
towed vehicles and for items left in the vehicles. Any facility used by
Contractor for storage of vehicles towed in conjunction with this Contract
shall display signing that will easily identify the facility as a location used for
the storage of vehicles towed for County. The address of the storage facility

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to which a vehicle is towed must be on the business card provided the citizen
by the tow vehicle driver. If the citizen is not at the location from where the
vehicle is towed, the business card must be provided to the deputy at the
scene.
2.3.7.4 Storage facility shall have capability to accept payment by vehicle owners,
lien holders or owner’s authorized agents. Contractor shall not require vehicle
owners, lien holders or owner’s authorized agents to travel to a separate
location to make payment.
2.3.7.5 Storage facilities may be added during the course of this Contract. Added
storage facilities shall meet the same standards as set forth above in this
document. Attachment E must be fully completed and submitted as part of
any request to add storage facilities. County shall determine the need for
storage facilities throughout the County. Storage facilities may be added or
removed during the course of this Contract, to meet County’s needs.
2.3.8 STORAGE OF VEHICLES:
2.3.8.1 The storage facility shall be on record with MCSO and vehicles shall not be
stored at any location other than the storage location(s) on record. Vehicles
shall not be removed from the storage facility of record for a period of ten
(10) calendar days unless it is claimed by the owner or an authorized agent of
the owner, or the owner or an authorized agent of the owner directs that the
vehicle be moved to another designated location. If, after a period of ten (10)
calendar days, instructions have not been received from the owner, their
authorized agent or County, Contractor may move the vehicle to an alternate
storage facility not more than fifteen (15) miles away that also meets the
requirements of this Contract. Vehicles shall be taken directly to Contractor’s
storage facility unless otherwise authorize by the owner, owner’s agent,
MCSO or County.
2.3.8.2 Contractor shall not charge an additional towing fee when a vehicle is moved
to an alternate storage lot at the Contractor’s discretion.
2.3.8.3 Contractor shall not charge an additional towing fee when it is necessary for
the Contractor to deliver a vehicle/unit(s) to the public roadway access
adjacent to his/her property from the storage facility.
2.3.8.4 During normal business hours (8:00 am thru 5:00 pm), Contractor shall make
a vehicle accessible, at no charge, to the owner or owner’s authorized agent
for purposes of retrieving personal items or removal of the vehicle from a
storage lot, when the vehicle is claimed by the owner or the owner’s
authorized agent. This also applies if Contractor’s storage facility is normally
open for business on Saturdays and/or Sundays.
2.3.8.5 Outside of normal business hours, Contractor may charge a $25 fee to make a
vehicle accessible to the owner or owner’s authorized agent. This fee shall not
be charged for access on Saturdays and Sundays if the storage facility is
normally open for business on Saturdays and/or Sundays.
2.3.8.6 Only Contract rates for storage may be charged to vehicle owners, lien holders
or owner’s authorized agents to reclaim abandoned vehicles. All towing and
storage charges will be paid by the owner, lien holder or authorized agent of
reclaimed vehicles, unless the vehicle was impounded in error by MCSO or a
delay in the vehicle owner reclaiming a stolen vehicle that was recovered, as
the result of MCSO not promptly notifying the vehicle owner of the recovery.
In these instances ONLY, MCSO will be responsible for payment of any

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towing and/or storage charges. Rates to be charged are as set forth in
Attachment A.
2.3.8.7 In the event a stored vehicle needs to be identified by the MCSO Tow
Coordinator, by secondary means (Level 1 or 2 inspection) due to a partial
VIN or no VIN being recorded at the time of the original tow, the Contractor
will be required to notify the Tow Coordinator, via email or telephone, within
three (3) business days that a stored vehicle requires identification.
1. If the Contractor does not notify the Tow Coordinator within the three
(3) business calendar days, payment of any towing and/or storage fees
that MCSO is responsible for shall be limited to fifteen (15) calendar
days. In this circumstance, MCSO shall not be responsible for any
additional storage fees.
2. If timely notification is made to the MCSO Tow Coordinator and
MCSO is responsible for the payment of any towing and/or storage
fees; the Contractor will be entitled to additional storage fees up to and
until the vehicle is identified.
2.3.9 RELEASE OF VEHICLES IMPOUNDED IAW A.R.S. §28-3511:
2.3.9.1 Contractor shall not release any vehicle impounded under A.R.S. §28-3511
unless the person claiming the property is the owner, lien holder or owner’s
authorized agent and that person presents the original copy of the MCSO Tow
Services Unit’s Release of the property. The Release consists of a single white
sheet of paper, 8”x11”, with a yellowish MCSO star in the upper corner and
contains:
2.3.9.1.1 The name of the owner, lien holder or owner’s authorized agent;
2.3.9.1.2 The property information (e.g. VIN, serial number, etc.); and
2.3.9.1.3 Tow company’s name, address and telephone number.
2.3.9.1.4 Signature of MCSO official.
2.3.9.2 In addition to the Release, the owner, lien holder or owner’s authorized agent
shall show the Contractor a valid drivers’ license from any jurisdiction (e.g. any
state, Mexico, Japan, India, etc.).
2.3.9.3 The owner, lien holder or owner’s authorized agent may have the property
moved from the Contractor’s storage facility by any lawful means. This does
not infer that only the Contractor may perform the tow. The Vehicle owner or
owner’s authorized agent may have the vehicle towed from Contractor’s storage
facility. Contractor must allow another tow company entry to Contractor’s
storage facility to hook-up the vehicle, or Contractor may move the vehicle out
of its storage facility. Under neither circumstance, shall Contractor charge a fee.
2.3.10 DISPOSITION OF UNCLAIMED VEHICLES AND PROPERTY:
If Contractor obtains title to an unclaimed vehicle or property as applicable by law,
Contractor shall sell the vehicle or property in a manner that achieves the greatest residual
value for the County. At a minimum, such sales shall may include auctioning (in-person or
online) and disposal services. All sales, including general sales, auctions or disposal
services shall comply with the following requirements as applicable.
2.3.10.1 Sales Proceeds:
Contractor shall remit to MCSO a portion of the gross proceeds resulting from
any sale base on the rates set forth herein. Gross proceeds means the total
amount for which the vehicle or property was sold, auctioned or sold for

SERIAL 14064-S
disposal. Offeror shall state the percentage of gross sales proceeds on
Attachment A. If Contractor elects to keep an unclaimed vehicle for
business or personal use, Contractor shall remit to MCSO an amount equal
to the percentage of gross proceeds that would have been obtained via the
sale of the vehicle. This amount shall be calculated by utilizing Kelly Blue
Book or other related sources of used vehicle values and the percentage
stated in Attachment A.
2.3.10.2 Condition
All vehicles or property to be sold must be as clean as the condition of the
vehicle or property permits. Contractor may not take any action to any way
lessen or impair the condition or cosmetic appearance of the vehicle or property.
2.3.10.3 Inventory
Contractor shall use the stock/inventory/storage report number as the unique
number for the vehicles or property sold.
2.3.10.4 Storage
Contractor shall store all vehicles or property prior to their sale as provided in
the Contract.
2.3.10.5 Proceed Reports
Contractor shall provide to MCSO accurate accounting of all vehicle and
property sold no later than thirty (30) calendar days after the date of sale.
Contractor’s accounting documentation shall include:
 Date of sale, auction or disposal
 Inventory/stock/storage report number
 Property Vehicle description, including serial number and/or VIN
 Make
 Model
 Year
 Color
 Gross sale price
 Buyer information
 Amount due to MCSO
2.3.10.6 Disposition of Proceeds
Contractor shall remit to MCSO the portion of gross proceeds along with the
proceed report. Proceeds shall be remitted via a company check, cashier’s check
or money order drawn on a local bank within one (1) week of sale. Checks shall
be made payable to Maricopa County Sheriff’s Office and be delivered to the
MCSO Property and Evidence Division contact.
2.3.10.7 Auditing
MCSO and County have the right to audit Contractor sales, auction and disposal
records at any time upon one (1) calendar day notice.
2.3.10.8 Online Auctions
 Auction Website: When providing auctioning services via online
auctioning service, Contractor shall ensure the reasonable availability of
the Auctioning service’s website and its accessibility to public visitors.

SERIAL 14064-S
 Property Vehicle Viewing: Contractor shall create a photograph(s) of the
property vehicle for viewing on the Auction website, along with an
adequate description of the property vehicle sufficient to effectively
complete the auction.
 Security: Contractor shall ensure the auctioning service website provides
adequate security concerning the property vehicle information, the bidder
information and the auction information.
 Costs: All costs incurred in the preparing and performing online auctions
shall be borne solely by Contractor
2.3.10.9 In Person Auctions
 Auction Facilities: When providing auctioning services at a specific
physical location, Contractor shall provide all facilities necessary to
conduct the auction. The facilities must be in compliance with the
Americans with Disabilities Act (ADA) Title III covering public
accommodations and commercial facilities. The facilities must have
adequate restroom facilities for the public.
 Location: The auction must be conducted in Maricopa County or at a
location that is not more than ten (to) street or highway miles from the
geographic boundaries of the County.
 Property Vehicle Viewing: Contractor shall provide all bidders an
opportunity to inspect the property vehicle for a two (2) hour period prior
to the start of each auction. The interior of all motor vehicles must be
made accessible to the bidders during this time period. Contractor will
turn the ignition and start the motor of an operable vehicle, if requested
by bidders during the property viewing period.
 Security: Contractor shall provide adequate crowd control and security at
the auction.
 Transportation: Contractor shall transport all property vehicles to and as
necessary from the auction site
 Costs: All costs incurred in the preparing and performing auctions shall
be borne solely by Contractor
2.3.10.10 Bidder Assistance
Contractor shall provide a phone number at its website that is answered by a
person who can provide complete information as to the operation of the auction
and bidder qualifications. Calls to this phone number shall be answered by such
persons Monday through Friday from 8:00 a.m. to 5:00 p.m. with the exception
of the following holidays; New Year’s Day, Memorial Day, July 4th, Labor
Day, Veteran’s Day, Thanksgiving Day and Christmas.
2.3.10.11 Advertising
Contractor shall advertise auctions in a manner that will maximize attendance
and revenue. At a minimum, auctions shall be advertised no less than two (2)
and no more than four (4) weeks prior to the auction. The advertisement shall
include: date, time, location, item description and auction website. The website
shall contain bidder registration information.
2.3.11 AVAILABILITY:
2.3.11.1 Contractor shall have towing services available twenty-four (24) hours per day,
every calendar day of the year.
2.3.11.2 Contractor shall have staff readily available at its vehicle storage facility for the
purpose of contract property/vehicle release and/or appraisal, at no charge,
during normal business hours which is defined as between 8:00 am through 5:00

SERIAL 14064-S
pm, Monday through Friday, including Saturdays and/or Sundays if normally
open, except on the following holidays: New Year’s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving and Christmas Day. Release of
vehicles should be arranged by the Contractor and the owner, or their agent, to
occur during these business hours. There shall be no open lot fee charged by
Contractor for releasing reclaimed vehicles during the hours of 8:00 am through
5:00 pm, even if the vehicle storage is away from the Contractor’s regular place
of business.
2.3.11.3 If a Contractor’s vehicle storage facility is normally open for business on
Saturdays and/or Sundays, Contractor shall not charge an “After-Hours Access
Fee” on Saturdays and/or Sundays for any reason during normal business hours.
2.3.11.4 All property/vehicles, properly approved and requested for release shall be
conveyed to the owner or owner’s authorized agent within thirty (30) minutes of
the request. Any owner or owner’s authorized agent present between 8:00 am
and 5:00 pm will receive their property within those thirty (30) minutes.
2.3.12 DRIVERS:
2.3.12.1 All of the Contractor’s tow truck drivers shall meet the requirements specified
in Title 13, Public Safety, Chapter 3. Department of Public Safety, Tow Trucks.
Heavy tow vehicle drivers shall also possess a current commercial driver
license in order to operate a tow vehicle rated as heavy. Contractor shall
provide the same information, to the MCSO Tow Coordinator, within three
(3) working days of being hired, on all new drivers hired during the term of
this Contract. The Driver or operator shall provide his license to any law
enforcement officer upon demand.
2.3.12.2 Drivers shall refrain from using profane or vulgar language in a public area
while performing work under this Contract.
2.3.12.3 Contractor shall not subcontract for tow vehicle driver labor services unless a
form SS-8 has been file with the IRS and the IRS has determined that tow
vehicle driver position qualifies as that of an independent contractor. The
Contractor shall be in full compliance with Circular E, Employers Tax Guide of
the Internal Revenue Service Department and in full compliance with the State
of Arizona Worker’s Compensation insurance regulations.
2.3.12.3.1 In the event that a subcontract is approved by County, the
following additional terms and conditions shall apply:
2.3.12.3.1.1 Subcontract vendor shall comply with all terms and
conditions stated within this Contract
2.3.12.3.1.2 Subcontractor shall have magnetic signing on their
vehicle indicating them as part of the Contracted
party.
2.3.12.4 All invoicing shall be processed through the Contractor solely. Invoices issued
by Subcontractor shall not be paid.
2.3.13 SOLICITATION OF BUSINESS PROHIBITED:
For purposes of this Section, the term ‘Contractor’ shall include any and all of the
Contractor’s officers, managers, employees, independent, or subcontractors and agents.
Further, ‘access’ shall mean the opportunity to inspect either the interior or exterior of the
vehicle or to review or receive any document or electronic file containing information
related to that vehicle. Notwithstanding any other Section of this Contract, this Contract
may be terminated by County upon a single violation of this Section.

SERIAL 14064-S
2.3.13.1 In connection with any vehicle towed pursuant to this Contract, Contractor
may not solicit business for, or contact the vehicle owner or his authorized
agent, on behalf of any body shop, towing company, wrecking yard, health
care provider, lawyer or other person or business of any description. For
purposes of this Section, the term ‘tow process’ shall mean the period of time
beginning when the Contractor received a call for service under this Contract
and ending when the vehicle’s owner or his authorized agent has removed the
vehicle from the Contractor’s premises.
2.3.13.2 The Contractor may not enter into an agreement or single transaction with any
business or person whereby the Contractor is compensated in any way, either
in money or other consideration of any description, whether by flat fee,
contingency or other arrangement, in exchange for the provision of
information related to a vehicle, or its owner, towed pursuant to this Contract.
The Contractor may not permit any person, other than a member of law
enforcement or an employee or agent of any government acting in his official
capacity, access to a vehicle towed pursuant to this Contract unless that access
is required in direct and specific furtherance of a responsibility imposed upon
the Contractor under this Contract.
2.3.13.3 The Contractor shall not perform any additional services relating to citizen
vehicles for which payment is expected without the express written consent of
the citizen before the service(s) is/are performed.
2.3.14 SAFEKEEPING OF VEHICLES:
2.3.14.1 The Contractor shall be responsible for the safekeeping of all vehicles that
come into its possession pursuant to this Contract. As a part of this
safekeeping, the Contractor shall ensure that the interior areas of accident and
stolen-recovery vehicles are protected from rain and other elements by closing
all operating windows. In the event the window(s) are broken, inoperable or
missing, the Contractor must seal the window(s) with plastic material to help
prevent weather damage to the vehicle’s interior. (NOTE: This service is not
expected to be performed for derelict or totaled vehicles with no residual
value.) The cost for this service shall be included in the Basic Call Fee
indicated in Attachment A. The Contractor is not required to perform this
service at an accident scene.
2.3.14.2 The Contractor shall not allow the removal of property from a vehicle towed
pursuant to this Contract by the Contractor, or any other person acting with
the permission, express or implied, of the Contractor, without the express
permission of the vehicle’s owner, or the owner’s authorized agent.
2.3.14.3 The Contractor shall not allow any act on the part of the Contractor to disable,
or further disable, a vehicle towed pursuant to this Contract.
2.3.14.4 The Contractor shall not allow any intentional act to reduce the value of, or
lessen the cosmetic appearance of a vehicle towed pursuant to this Contract.
2.3.15 CONTRACTOR TAKING OWNERSHIP OF VEHICLE LAW A.R.S §28-3511:
2.3.15.1 Contractor is allowed to begin the abandon title process to take ownership of
an impounded vehicle on the fortieth (40) day the vehicle has been held in
Contractor’s possession.
2.3.15.2 The owner, lien holder or owner’s authorized agent may sign the vehicle over
to Contractor.

SERIAL 14064-S
2.3.16 CONTRACTOR PERFORMANCE:
2.3.16.1 All complaints, regardless of the source, will be investigated by MCSO.
Upon completion of the investigation, MCSO will classify the complaint as
unfounded, exonerated, not sustained, sustained, or partially sustained and
maintain a copy of all complaints, findings and actions taken, if any, on file in
the MCSO Tow Coordinator’s office. The files may include a separate file on
each driver.
2.3.16.2 Complaints include, but are not limited to: unqualified driver; negligent
administration; negligent operation; unsafe vehicle; unethical business
practice; conduct unbecoming an owner/operator; and operating while under
the influence of alcohol or drugs.
2.3.17 CUSTOMER COMPLAINTS:
The Contractor shall make every effort to treat vehicle owners or vehicle operators in a
fair and courteous manner. The Contractor shall not charge in excess of Contract fees
specified in Attachment A, nor shall the owner be charged for any services not authorized
in this Contract without the prior approval of the vehicle owner or his authorized agent.
Complaints will be investigated in accordance with established MCSO policies and
procedures to the extent deemed necessary by MCSO. Any complaints brought to the
attention of the Contractor by MCSO or a vehicle owner or vehicle operator shall be
answered in writing to the MCSO Tow Coordinator by Contractor within thirty (30) days
of notification. Any vehicle owner or vehicle operator complaints deemed sustained may
result in suspension or termination of this Contract.
2.3.18 BILLING AND PAYMENT:
2.3.18.1 Fees charged by Contractor for services under this Contract shall not be in
excess of those authorized per Attachment A. Contractor shall submit an
itemized invoice to the vehicle owner for all towing services provided under
the terms of this Contract. The invoice shall include, when applicable, time
expended and hourly rates for all labor and equipment used in the recovery
and towing process. When rental equipment is used, the rental agency’s
name, address and telephone number must be included. Larger-duty class
tow vehicles may be used for lighter-duty tows, but must be billed at the
lighter-duty tow rates.
2.3.18.2 The Contractor agrees that the vehicle owner is solely responsible for any and
all payments for any recovery or towing service rendered hereunder, and
further, that MCSO and County shall not be liable to the Contractor for any
payment loss or claim for damages of whatsoever nature the Contractor
should suffer from its performance of any recovery or towing service
hereunder.
2.3.18.3 The Contractor may charge per hookup per vehicle and storage fees per
vehicle. The contractor shall not charge for multiple mileage items on the
same tow call.
2.3.18.4 The Contractor shall clearly and conspicuously post the MCSO/County rates
described in attachment A. Said posting must be on the Contractor property
and be viewable by the public.
2.3.18.5 Regardless of number of days of storage, the maximum allowable amount
billable for storage of a vehicle is $1,000.00.
2.3.18.6 Billable rates shall apply to all zones without differentiation.

SERIAL 14064-S
2.3.18.7 Billable Days: Storage rates accrue each day after 12:00 pm, following the
initial 24-hour period, at $25.00 per day. Each subsequent day after 12:00 pm
will result in another daily storage fee. The 24-hour period begins when the
vehicle has been dropped and hourly towing rates no longer apply.
2.3.18.8 4x4 Recovery: 4x4 hourly rates apply when the Deputy determines a 4x4 is
necessary for a vehicle’s recovery. Contractor may only charge the
hourly/hook-up rate of $125 per hour. No mileage will apply to the 4x4
recovery unless the 4x4 recovery vehicle is also able to transport the
recovered vehicle to the storage yard. In this instance, mileage will be
charged at the applicable rate based on whether the vehicle is a light, medium
or heavy duty classification. The off-road recovery fee of $125.00 will apply
to all 4x4 recoveries. Winching and water recovery fees will apply, when
applicable.
2.3.18.8.1 If Contractor chooses to utilize additional equipment to provide
this service, Contractor may not bill for standby time (i.e.
Second truck waiting for the 4x4 recovery vehicle).
2.3.18.8.2 Billing will apply in the following manner:
2.3.18.8.2.1 4x4 Recovery Vehicle: Hourly rate applies from
callout until vehicle is dropped. If secondary
equipment is used, no mileage will be charged
for the 4x4 recovery.
2.3.18.8.2.2 Secondary Equipment (i.e. flatbed): Hourly rate
applies from callout to arrival at location.
Secondary equipment will enter into standby
time at no cost to Customer during the 4x4
recovery. Time starts again once 4x4 Recovery
Vehicle drops the vehicle for hook-up. At this
point, secondary equipment will go back on the
clock. Mileage will be charged from this
location to the storage yard.
2.3.19 PAYMENT METHODS:
Contractor is allowed to determine the method of payment for towing and storage fees for
non-County vehicles. Contractor shall have the ability to accept all common the
following payment methods for fees at Contractor storage facility: cash, company
check, cashier check, money order and all major credit and debit cards In no event
shall Contractor require vehicle owner to travel to an alternate location for payment
processing.
2.3.20 FEE SCHEDULE:
Fees listed in Attachment A, are the ONLY fees to ever be charged. No other charges
are to be assessed to private citizens, the County or MCSO. If equipment not listed in
Attachment A is required, the on-scene deputy must approve its use prior to deployment
of the equipment. Any such equipment use MUST be indicated on the MCSO Tow Sheet
and citizen’s invoice. Any violation to this Section is grounds to immediately terminate
this Contract in its entirety. County reserves the right to audit all invoices for all tow
against this Contract and may contact parties that have had their vehicle towed to
survey how they were treated and to verify how much they were charged for the
service. Fees in Attachment A shall remain in effect from time Contractor is dispatched
until vehicle is released to owner or owner’s authorized agent.

SERIAL 14064-S
2.3.21 RECORDS KEEPING:
2.3.21.1 Contractor shall maintain Contract-related records and/or computer files
separate from all other records and/or computer files the Contractor may keep,
of each vehicle towed under this Contract, including the following
information:
o Date vehicle was towed;
o Time vehicle was towed;
o Location of where vehicle was picked-up, where the vehicle was taken
and total miles towed;
o Type of tow performed (e.g. accident, abandoned, etc.);
o MCSO DR Number;
o Name and serial number of deputy authorizing the tow;
o Name of tow vehicle driver;
o Date of storage;
o Time of storage;
o Make, model, color and year of vehicle;
o License plate number and state;
o Vehicle identification number;
o Date vehicle was claimed (photocopy of claiming party’s license, etc.);
o Time vehicle was claimed;
o Name and signature of individual or authorized agent to whom the
vehicle was released, or pursuant to whose instructions the vehicle was
released or disposed;
o Statement for ALL 3511-impounded vehicles, including Contractor
representative’s name, indicating they did review all MCSO release
paperwork to ensure it included all required information, prior to
releasing a vehicle;
o Date of 10-day report (A.R.S §28-4838); and
o Itemized list of all charges totaled to-date.
2.3.21.2 Contractor shall maintain Contract-related records and/or computer files of
each 3511-impounded vehicle separate from all other records and/or computer
files the Contractor keeps in accordance with 2.3.22.1, above.
(NOTE: The filing of a 10-day report is required by A.R.S. §28-4838, and the
fees assessed by the Arizona State Motor Vehicle Division for this filing may
be charged to the owner of the towed vehicle. Note, also that proof of vehicle
ownership will be guided by A.R.S. §28-2158.)
2.3.21.3 Contractor is fully responsible for assuring that all tow services arising from
this Contract are at the correct and applicable Contract rates. Contractor is
required to establish and maintain a process to monitor its billing practices and
refund all over-charges that may occur. County will periodically audit tow
bills generated. Contractor will have the opportunity to review and discuss
the audit findings prior to the issuance of any final audit report. If the audit
identifies any unsupported charges which the Contractor has not already
identified through its monitoring process and refunded the over-charges, the
Contract may be terminated for default. The failure of an audit to uncover
over-charges, or any other contract violation or deficiency, shall not be a
defense to a subsequent action on the part of the County to terminate this
Contract for a breach occurring during the period of the audit.
2.3.22 ROUTINE INSPECTION:
Contractor agrees to permit MCSO to conduct, without prior notice, a thorough
inspection of Contractor’s business records and storage facility for any tow made under

SERIAL 14064-S
this Contract. The inspection of Contractor’s records may be done at the Contractor’s
place of business or at the MCSO Tow Services Unit as determined by the MCSO Tow
Services Coordinator or designee. Failure to comply with this may result in termination
of this Contract by County.
2.3.23 AUDITING:
In order to provide auditing of Contractor’s invoices, and notwithstanding any terms or
conditions of this Contract, Contractor shall make available to County, copies of itemized
tow bills for each vehicle which it has towed for MCSO. These copies shall be available
at the Contractor’s place of business within ten (10) days of the tow. Upon request by
County, a copy of the bill(s) shall be faxed or delivered to the MCSO Tow Coordinator.
County reserves the right to conduct random quarterly audits of all towing invoices
processed by Contractor for the previous three months. Upon request by County, copies
of all applicable invoices shall be made available for inspection. Failure to comply with
audit request or failure to produce all of the requested invoices may be grounds for
determination of default. All invoice irregularities shall be reported by County to
Contractor for explanation or resolution. Billing errors that are not immediately resolved
by Contractor or a consistent pattern of errors shall both be grounds for determination of
default.
2.3.24 TOWING AREA ZONES:
MCSO is divided into the following contract tow zones, which are subject to change due
to MCSO district realignment or highway construction: (See, also Exhibit 5.)
SOUTHWEST NORTHWEST
BUCKEYE TONOPAH
CHANDLER FOUNTAIN HILLS
GILA BEND MESA
NORTH CAVE CREEK / NEW RIVER/ANTHEM
CENTRAL WICKENBURG
SUNFLOWER QUEEN CREEK
2.3.25 Contractor agrees to the following, understanding that a Contract Amendment will be
issued to incorporate any changes:
2.3.25.1 Charge the Contract Price for any miles added to existing highways due to
new construction or for zone realignment.
2.3.25.2 Charge the Contract Price regardless if the vehicle is towed from the
interstate, U.S. Highway, State Route or surrounding city or county roadways,
so long as the request for towing is generated by MCSO.
2.3.26 CONTRACTOR ROTATION TOWING LIST:
2.3.26.1 All applicable provision of the Arizona Revised Statutes and DPS regulatory
provisions are hereby incorporated into this contract. Compliance with these
provisions is mandatory whether or not specifically cited in this contract.
2.3.26.2 Pursuant to A.R.S. §28-1108E, contracts shall be awarded on the basis of
competitive bidding. The County reserves the right to reject all bids. If only
one bid is received, the County may reject the bid and negotiate a contract
without bidding if the negotiated contract is at a price lower than the bid price
under the terms and conditions specified in the call for bids.
2.3.26.3 In compliance with A.R.S. §28-1108E, bidders must disclose with their bid
the owners of the towing firm and, if the owners own other towing firms that

SERIAL 14064-S
are also applying for the same contractual agreement, the names of those
towing firms.
2.3.26.4 Pursuant to A.R.S. §28-1108G, a towing firm may only have one contract per
geographic towing area with the County for towing or storage services, or
both. If an owner of a towing firm has a common ownership interest in
another towing firm or the assets of another towing firm, the owner may not
participate in any other application for a contractual agreement within the
same geographic towing area. Any bid submitted contrary to this requirement
will be rejected and not considered for award.
2.3.26.5 Pursuant to A.R.S. §28-1108G, if the contractor has a contract awarded by the
County and acquires another towing firm that has been awarded a contract by
the County, the contracts remain valid for one year from the date of the
acquisition.
2.3.26.6 A towing company (Contractor) shall be allowed only one (1) position on
each towing area list (geographic zone). For the purposes of this Contract, a
towing company is defined as one doing business under their own unique
Federal Tax ID Number.
2.3.26.7 If it is determined that any contractor is in violation of A.R.S. §28-1108F the
County may terminate the contract.
2.3.26.8 The County Tow Coordinator shall keep a detailed call log for all towing
dispatches. Contractor may inspect the report with authorization of the Tow
Coordinator.
2.3.26.9 As there is one contract for County towing services, a contractor may provide
services for both ESD and MCSO.
2.3.27 APPLICABLE ARIZONA REVISED STATUTES:
The Contractor shall comply with all laws of the State of Arizona pertaining to the
handling and disposal of abandoned or impounded vehicles, including the submission of
all necessary reports to the Arizona Department of Transportation Motor Vehicle
Division. Additionally, the application of A.R.S. §§ 28-872 and 3511 to this Contract are
absolute and incorporated herein by this reference.
2.3.28 TERMINATION / SUSPENSION:
2.3.28.1 Termination.
The Contractor agrees that County may immediately terminate this Contract,
notwithstanding any other section of this Contract, when County determines any
of the following conditions exist:
2.3.28.1.1 Failure of the Contractor to comply with all provisions of this
Contract;
2.3.28.1.2 Evidence that the Contractor is now or has engaged in illegal or
unlawful practices, pursuant to Arizona law or regulation;
2.3.28.1.3 Evidence that the owner of a towing company or an operator is
convicted of any crimes listed above while providing contract tow
services to County;

SERIAL 14064-S
2.3.28.1.4 Evidence that the Contractor is unresponsive to customer
complaints and/or failure to cooperate with County in the
investigation of complaints;
2.3.28.1.5 Contractor has released a citizen’s name to anyone or any entity
other than the citizen, the citizen’s agent, lien holder or insurance
company (e.g. body shop, repair shop, attorney, doctor or medical
entity) contrary to restrictions specified in Section 2.3.29.
2.3.28.1.6 The removal of property from a vehicle towed pursuant to this
Contract by the Contractor, or any other person acting with the
permission, express or implied, of the Contractor, without the
express permission of the vehicle’s owner, or the owner’s
authorized agent. This section shall apply irrespective of
whether the Contractor’s management was aware of the
unauthorized removal, and irrespective of the purpose for the
unauthorized removal.
2.3.28.1.7 Any act on the part of the Contractor to disable, or further
disable, a vehicle towed pursuant to this Contract by the
Contractor shall be grounds for immediate termination of this
Contract. This section shall apply irrespective of whether the
Contractor’s management was aware of the act to disable, and
irrespective of the purpose for the act to disable.
2.3.28.1.8 The intentional act of the Contractor to reduce the value of, or
lessen the cosmetic appearance of a vehicle towed pursuant to
this Contract, without the express permission of the vehicle’s
owner or the owner’s authorized agent, shall be grounds for
immediate termination of this Contract. This section shall apply
irrespective of whether the Contractor’s management was aware
of the act identified herein, and irrespective of the purpose for
the act identified herein. This section shall not apply to the
natural operation of time or the elements on the condition of a
vehicle.
2.3.28.1.9 For purposes of this Section, the term ‘Contractor’ shall include
any and all of the Contractor’s officers, managers, employees,
independent, or sub-contractors and agents.
2.3.28.1.10 Failure to allow MCSO access to Contractor’s records required
by Sections 2.3.20 and/or 2.3.21 of this Contract.
2.3.28.1.11 Contractor has intentionally charged a private citizen, MCSO or
County any fee or rate not specifically included in the Fees listed
in Attachment A, hereto.
2.3.28.2 Suspension.
In lieu of contract termination, County shall have the right to immediately
suspend the Contractor. Reinstatement will be dependent upon the Contractor
demonstrating that the cause for the suspension has been corrected. Notice of
suspension shall be made in writing or by telephone message to the Contractor
or his representative, stating the length of the suspension and the reason(s)
therefore. If suspension is made by telephone, a written confirmation of the
suspension will follow within three (3) working days.

SERIAL 14064-S
The Contractor agrees that County may immediately and without prior notice
suspend Contractor from performance under this Contract when County
determines any of the following conditions exist:
2.3.28.2.1 Contractor has failed to meet response time or has failed or
refused to respond three (3) times within a thirty day period;
2.3.28.2.2 Contractor has towed a vehicle to a location other than that
specified by the citizen, the citizen’s agent or MCSO;
2.3.28.2.3 Contractor has charged for a service not included or specified in
Attachment A hereto;
2.3.28.2.4 Contractor has responded to a scene without proper equipment on
three (3) occasions within a thirty day period;
2.3.28.2.5 Contractor has released a vehicle from storage within a five (5)
day period without the owner or the owner’s agent’s
authorization;
2.3.28.2.6 Records required by Section 2.3.20 or 2.3.21 were found to be
either not available or were incomplete and/or inaccurate upon
inspection by County;
2.3.28.2.7 Contractor tow vehicle has responded to a call with a non-
County/MCSO vehicle already loaded or in-tow.
2.3.29 CONTRACT VIOLATIONS:
The County expects the Contractor to comply with all Contract particulars at all times.
2.3.29.1 A confirmed violation of any contract requirements shall be immediately
remedied and may result in a thirty (30) day suspension off the rotation list for
the towing company within the towing area in which the violation occurred.
Two thirty (30) day suspensions within a six (6) month period is cause for
contract termination. If a Towing Company becomes abusive with any MCSO
Office personnel or the public, the Towing Company may be subjected to
immediate contract termination.
2.3.29.2 The failure on the part of the County to exercise any right granted to it in this
Section when that right first accrues shall not be deemed a waiver on the part of
the County to exercise that right at a later time. The County may terminate this
Contract for cause in a calendar year following the year in which the violation
threshold was exceeded.
2.3.29.3 The Contractor will be notified in writing by the County of a violation and the
Contractor will have ten (10) calendar days from the date of mailing to respond
in writing. The County’s notice shall include a brief narrative apprising the
Contractor of the time, place and nature of the violation and shall set forth those
facts in the possession of the County substantiating the violation. The
Contractor’s mailed response will be considered timely if post-marked within
this ten (10) day period. Failure of the Contractor to respond within this time
period will be deemed an admission that the violation occurred. The response
will be evaluated by the County Procurement Officer and the violation upheld or
reversed in his or her sole discretion.
2.3.29.4 The County may collect from the Contractor $75 as liquidated damages for each
violation upheld. All sums payable by the Contractor under this Section shall be
due and payable within thirty (30) calendar days after a written decision

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upholding the violation has been mailed. All sums unpaid after such thirty (30)
days period shall accrue interest at the rate of ten percent (10%) per annum. If
unpaid sums under this Section, including accrued interest, exceed $300, the
Contract may be terminated for default.
2.3.30 BUSINESS CARDS:
The Contractor shall provide to each person whose vehicle is being towed, a business card
with the following information:
o Business name;
o Business address;
o Business telephone number;
o Normal business hours of operation; and
o Storage facility address (if different from business address).
2.3.31 COMMUNICATION IN ENGLISH:
It is mandatory that the lead person assigned to any facility be able to speak, read and write
in English in order to communicate with the Towing Coordinator.
3.0 PURCHASING REQUIREMENTS:
3.1 USAGE REPORT:
The Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the Contract. The format of the report shall be approved by the County and
shall disclose the quantity and dollar value of each contract item by individual unit.
3.2 BACKGROUND CHECK:
Bidders/proposers need to aware that there may be multiple background checks (Sheriff’s Office,
County Attorney's Office, Courts as well as Maricopa County general government) to determine if
the respondent is acceptable to do business with the County. This applies to (but is not limited to)
the company, sub-contractors and employees and the failure to pass these checks shall deem the
respondent non-responsible.
3.3 INVOICES AND PAYMENTS:
3.3.1 The Contractor shall submit one (1) legible copy of a detailed invoice. The invoice must
be left with the service writer or in the afterhours drop box at the time of the tow
delivery. At the minimum the following information should be listed:
 Contractors name and address
 County Department
 Contract Serial Number
 County purchase order number (if applicable)
 Invoice number
 Date and time of service
 Location of tow
 Contractors odometer reading for mileage (if applicable, in route to destination)
 Destination of vehicle
 County vehicle number
 County vehicle license plate number
 Description of Services
 Call out / Hook-up rate
 Mileage w/rate (if applicable after 1st 50 free miles)

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 Other services w/rates
 Arrival and completion time
 Contractors driver name and signature
 Signature of County employee (when available)
 Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
3.3.3 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).
3.3.4 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.
3.4 APPLICABLE TAXES:
3.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.4.2 State and Local Transaction Privilege Taxes: 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 contract it is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
3.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker’s Compensation.
3.5 DELIVERY:
It shall be the Contractor’s responsibility to meet the proposed delivery requirements. Maricopa
County reserves the right to obtain services on the open market in the event the Contractor fails to
make delivery and any price differential will be charged against the Contractor.
3.6 POST AWARD MEETING:
The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of
the Contract.
3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a

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solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please so state in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
County currently holds ICPA’s with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
4.0 CONTRACTUAL TERMS & CONDITIONS:
4.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of
one (1) year.
4.2 OPTION TO RENEW:
The County may, at its option and with the concurrence of the Contractor, renew the term of this
Contract up to a maximum of four (4) additional years, (or at the County’s sole discretion, extend
the contract on a month to month basis for a maximum of six (6) months after expiration). The
Contractor shall be notified in writing by the Office of Procurement Services of the County’s
intention to renew the contract term at least thirty (60) calendar days prior to the expiration of the
original contract term..
4.3 INDEMNIFICATION:
4.3.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, 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, expert witness fees, and the cost of appellate proceedings?,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the Contractor’s performance of this
Contract. Contractor’s duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
or mistakes in the performance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
4.3.2 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.
4.3.3 The scope of this indemnification does not extend to any claim, damage, loss, or expense
resulting from the sole negligence of County.
4.4 INSURANCE:
4.4.1 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.

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4.4.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
4.4.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
4.4.4 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.
4.4.5 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.
4.4.6 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 a waiver of County’s right to insist on strict fulfillment of
Contractor’s obligations under this Contract.
4.4.7 The insurance policies required by this Contract, except Workers’ Compensation, and
Professional Liability, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insured’s.
4.4.8 The policies required hereunder, except Workers’ Compensation, and Professional
Liability, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
4.4.9 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).
4.4.10 Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Contract.
4.4.11 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 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.
4.4.12 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage

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of not less than $2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services under this Contract.
4.4.13 Workers’ Compensation:
4.4.13.1 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 $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit.
4.4.13.2 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.
4.4.14 Crime
CONTRACTOR shall maintain Commercial Crime Liability Insurance with a limit of not
less than $500,000 for each occurrence. The policy shall include, but not be limited to,
coverage for employee dishonesty, fraud, theft, or embezzlement.
4.4.15 Professional
If necessary, Commercial Umbrella insurance, which will insure and provide coverage
for errors or omissions of the CONTRACTOR, with limits of no less than $2,000,000
for each claim.
Contractor shall maintain Professional Liability insurance which will provide coverage
for any and all acts arising out of the work or services performed by the Contractor under
the terms of this Contract, with a limit of not less than $1,000,000 for each claim, and
$3,000,000 aggregate claims.
4.4.16 Certificates of Insurance.
4.4.16.1 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 (see Exhibit 2), issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this contract number and title.
4.4.16.2 In the event any insurance policy (ies) required by this contract is (are) written
on a “claims made” basis, coverage shall extend for two years past completion
and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
4.4.16.3 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.
4.4.17 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.

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4.5 ORDERING AUTHORITY:
4.5.1 Any request for purchase of product(s) shall be accompanied by a valid purchase order,
issued by Office of Procurement Services, a Purchase Order issued by the using
Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase
Card for payment.
4.6 REQUIREMENTS CONTRACT:
4.6.1 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 contained in the Contract, they will
be purchased from the Contractor awarded that item. Orders will only be placed when
the County identifies a need and proper authorization and documentation have been
approved.
4.6.2 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.
4.6.3 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.
4.7 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.8 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
4.8.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
4.8.2 Make progress, so as to endanger performance of this contract; or
4.8.3 Perform any of the other provisions of this contract.
4.8.4 The County’s right to terminate this contract under these subparagraphs 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.
4.9 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

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A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
4.10 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
4.11 SUBCONTRACTING:
4.11.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
4.11.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor,
who in turn shall pass-through the costs to the County, without mark-up. A copy of the
Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
4.12 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
4.13 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete materials 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 are required from a
Contract, prices for such additions will be negotiated between the Contractor and the County.
4.14 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.14.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
4.14.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
4.14.3 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.

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4.15 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.
4.16 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
4.17 RELATIONSHIPS:
4.17.1 In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be
construed as to create the relationship of employer and employee, co-employee,
partnership, principal and agent, or joint venture between the County and the Contractor.
4.17.2 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.
4.18 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.gov/dms/upload/EO_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.
4.19 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.19.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
4.19.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
4.19.1.2 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;
4.19.1.3 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
4.19.1.4 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.

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4.19.2 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.
4.20 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
4.20.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
4.20.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.20.1
of this Section. Contractor and subcontractor shall be given reasonable notice of the
County’s intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
4.21 CONTRACTOR LICENSE REQUIREMENT:
4.21.1 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.
4.21.2 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 posses 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.
4.22 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:

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4.22.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
4.22.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
4.23 PUBLIC RECORDS:
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 after Contract
award and execution, except for such Offers deemed to be confidential by the Office of
Procurement Services. If an Offeror believes that information in its Offer should remain
confidential, it shall indicate as confidential, the specific information in its offer 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. The Records Manager of the
Office of Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code and the Arizona Public Records Law.