14071-CONTRACT FINAL 2014-09-02.PDF
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SOLE SOURCE CONTRACT SERIAL 14071-SS This Contract is entered into this 10th day of September, 2014 by and between Maricopa County (County), a political subdivision of the State of Arizona, and Bull HN Information Systems Inc. (Contractor) for the purchase of a Data Base Processor System (DBPS), support, maintenance and services. 1.0 TERM: 1.1 This Contract is for a term of three (3) years and three (3) months, beginning on the 10th day of September 2014 and ending the 16th day of December, 2017. Upon contract award the Contractor is authorized with a valid purchase order to begin the process of ordering, preparing and delivering the equipment identified herein with County acceptance of the new equipment to occur no later than December 16, 2014, The pricing terms and conditions shall be in effect as noted in the attached Exhibits unless modified or changed as agreed by both parties, 1.2 The County may, at its option and with the written agreement of the Contractor, extend the term of this Contract for additional terms up to a maximum of three (3) 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 County shall notify the Contractor in writing of its intent to extend the Contract term at least thirty (30) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 2.0 INVOICES AND PAYMENTS: 2.1 The Contractor shall submit o n e (1) legible copy of their detailed invoice before payment(s) can be made. At a minimum, the invoice must provide the following information: • Company name, address and contact • County bill-to name and contact information • Contract Serial Number • County purchase order number • Invoice number and date • Payment terms • Date(s) of service • Contract Item number(s) • Description of services • Pricing per unit of service • Extended price • Total Amount Due 2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order of the County. SERIAL 14071-SS 2.3 Payment s h a l l 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 Award, the Contractor shall co mp lete the Vendor Registratio n form located on the Maricopa County Department of Finance Vendor Registration Website (www.maricopa.gov/finance/vendors.aspx). 2.4 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. 3.0 TAX: (SERVICES) No tax shall be levied against labor provided to the County by the Contractor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 4.0 TAX: (COMMODITIES) Sales/use tax on equipment and commodities will be determined by County under applicable Arizona and County law and regulations. 5.0 DUTIES: 5.1 The Contractor shall perform all duties stated in Exhibit "B." 5.2 The Contractor shall perform services as stated in Exhibit "B," or as otherwise directed in writing under this Contract. 6.0 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 the Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 7.0 TERMS & CONDITIONS: 7.1 INDEMNIFICATION: 7.1.1 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 or mistakes relating to the performance of this Contract by Contractor (except to the extent caused by the act or omission of the County). 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 attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting there from, caused by any negligent acts, errors, omissions or mistakes in the performance of this Contract including any person for whose acts, errors, omissions or mistakes Contractor may be legally liable under this Contract. 7.1.2 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. SERIAL 14071-SS 7.1.3 The scope of this indemnification does not extend to the sole negligence of County. 7.2 INSURANCE REQUIREMENTS: 7.2.1 Contractor, at Contactor'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. 7.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 7.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 7.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County's right to coverage afforded under the insurance policies. 7.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contactor 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. 7.2.6 County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. County shall not be obligated, however, to review such 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. 7.2.7 The insurance policies required by this Contract, except Workers' Compensation, and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insured. 7.2.8 The policies required hereunder, except Workers' Compensation, and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor's work or service. 7.2.9 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 SERIAL 14071-SS 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. 7.2.10 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $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. 7.2.11 Workers' Compensation: Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services under this Contract; and Employer's Liability insurance of not less than$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. Contractor 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. 7.2.12 Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall have insurance in effect as required by the Contract in the form provided by the County, issued by Contractor's insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall be made available to the County upon 48 hours notice. BY SIGNING THE AGREEMENT PAGE, THE CONTRACTOR AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF CONTRACT. 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. 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. 7.2.13 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. 7.3 WARRANTY OF SERVICES AND EQUIPMENT: 7.3.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County's acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. SERIAL 14071-SS 7.3.2 In addition to its other remedies under the Contract, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder. THERE ARE NO IMPLIED WARRANTIES AND BULL HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE. BULL DOES NOT WARRANT THAT THE USE OF ANY EQUIPMENT, SOFTWARE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ARE ERROR-FREE. 7.4 PROCUREMENT CARD ORDERING: The County may determine to use a MasterCard Procurement Card, upon prior notice to and reasonable acceptance by the Contractor to place and/or make payment for orders under the Contract. 7.5 INTERNET COMMUNICATIONS AND ORDERING: The County may at its option use the Internet to communicate and to place orders under this Contract. 7.6 NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services Attn: Contract Administration 320 West Lincoln Street Phoenix, AZ 85003-2494 For Contractor: Bull HN Information Systems Inc. Attn: Jim Ulrey 13430 N. Black Canyon Highway Phoenix, AZ 85029-1310 7.7 PRICE ADJUSTMENTS: Any requests by Contractor for reasonable price adjustments must be submitted sixty (60) days prior to the Contract expiration and will become effective after the initial contract term. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. 7.8 TERMINATION FOR CONVENIENCE: The County reserves the right to terminate the Contract in whole or in part at any time, when in the best interests of the County without penalty or recourse. Upon receipt of the written notice, the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the SERIAL 14071-SS County. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the County upon demand. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. 7.9 TERMINATION FOR DEFAULT: 7.9.1 In addition to the rights reserved in the Contract, the County may terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. Contractor shall have the reasonable opportunity to cure, or to commence curing, the alleged default within 30 days of the County's written notice of such default. 7.9.2 Upon termination under this paragraph, all goods, materials, documents, data and reports with the exception of Bull intellectual property and Bull software licenses and as prepared by the Contractor expressly for the County under the Contract shall become the property of and be delivered to the County on demand. 7.9.3 The County may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to the County for reasonable costs incurred by the County but Contract to the County in procuring materials or services in substitution for those due from the Contractor. 7.9.4 The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 7.10 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S §38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. 7.11 OFFSET FOR DAMAGES: a) In addition to all other remedies provided under this Contract, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach in performance under this Contract. b) Limitations of Remedy and Liability The County and the Contractor are not liable for any indirect, special or consequential damages or lost profits to anyone arising out of this Contract or the use of any equipment, product, documentation or services. No action in any form arising out of this Contract shall be instituted more than 2 years after the cause of action has arisen. SERIAL 14071-SS The County's exclusive remedy and the Contractor's entire liability in contract, tort or otherwise is (i) for equipment that is under warranty that is defective, to repair or exchange such equipment, and (ii) for software and software support services, to correct or exchange the software or service which is inoperable. If the Contractor or its Service Provider as applicable is unable to correct, repair or exchange, then the Contractor shall pay the County actual and direct damages not to exceed the charges paid under the Contract by the County for the defective equipment or the inoperable software or services. 7.12 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete products and/or services provided under this Contract upon Amendment to this Contract between the County and the Contractor. If a requirement is deleted, payment to the Contractor will be reduced proportionately to the amount of service reduced in accordance with the proposal price. If additional services and/or products are required from this Contract, prices for such additions will be negotiated between the Contractor and the County. 7.13 RELATIONSHIPS: In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, partnership, principal and agent, or joint venture between the County and the Contractor. 7.14 SUBCONTRACTING: As this is a sole source contract, the Contractor may not assign this Contract or subcontract to another party for performance of the terms and conditions hereof except upon prior notice to and with the written consent of the County which consent shall not be unreasonably withheld or delayed by the County 7.15 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for County. 7.16 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 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. 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. 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 claim submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. SERIAL 14071-SS 7.17 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 7.18 VERIFICATION REGARDING COMPLJANCE WITH ARIZONA REVISED STATUTES §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 7.18.1 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 (l-9) as required by the 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 USCTS.GOV. 7.18.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.25.1 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. 7.19 AVAILABILITY OF FUNDS: 7.19.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The Director shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds. 7.19.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten ( l 0) days in advance. 7.20 CONTRACT COMPLIANCE MONITORING: County shall monitor the Contractor's compliance with, and performance under, the terms and conditions of this Contract. The Contractor shall make available for inspection and/or copying SERIAL 14071-SS by County, all records and accounts relating to the work performed or the services provided under this Contract. 7.20.1 If any of the services do not conform with Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no increase in Contract amount. When the defects in services cannot be corrected by re performance, County may: 7.20.1.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and 7.20.1.2 Reduce the Contract price to reflect the reduced value of the services performed. 7.20.2 If the Contractor fails to promptly perform the services again or to take the necessary action to address future performance in conformity with Contract requirements, County may: 7.20.2.1 By Contract or otherwise, perform the services and charge to the Contractor any reasonable cost incurred by County that is directly related to the performance of such service; or 7.20.2.2 Terminate the Contract for default. 7.21 STRICT COMPLIANCE: Acceptance by County of performance not in strict compliance with the terms hereof shall not be deemed to waive the requirement of strict compliance for all future performance obligations. All changes in performance obligations under this Contract must be in writing. 7.22 SEVERABILITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 7.23 RIGHTS IN DATA: The County shall own have the use of all data and reports resulting from this Contract without additional cost or other restriction except as provided by law. Each party shall supply to the other party, upon request, any available information that is relevant to this Contract and to the performance hereunder. The County and the Contractor acknowledge and agree that all software products and licenses provided by Bull under this Contract are licensed to the County for its use on a nonexclusive and nontransferable basis, and in accordance with the terms and conditions in the attached agreements between the parties, and including without limitation section 5 of the Agreement entitled License for Software Products and Diagnostic Materials. A copy of such agreements between the parties is attached hereto as Exhibit D and made a part of this Contract. 7.24 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. Any reference to the previous sole source contract 08117-SS in the attached Exhibits shall be understood to still be in full force and effect under the current terms and pricing of this contract as amended. SERIAL 14071-SS 7.25 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States County Court for the County of Arizona, sitting in Phoenix, Arizona. 7.26 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 7.26.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: 7.26.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 7.26.1.2 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; 7.26.1.3 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 7.26.1.4 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. 7.26.2 Should the Contractor not be able to provide this certification, an explanation as to why should be attached to the Contact. 7.26.3 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. 7.27 ORDER OF PRECEDENCE: In the event of a conflict in the provisions of this Contract, and the provisions of the attached agreements as Exhibit D, the provisions and terms of the attached agreements shall prevail where it pertains to the use and terms for the license of the Contractor's software products (except that the parties intend that Exhibit A, A-1, A-2 Pricing to this Contract shall prevail over any such conflict). 7.28 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: 7.28.1 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, 7.28.2 That is offered or given with the intent to influence a decision, obtain a contract, SERIAL 14071-SS 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. 7.29 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 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. 7.30 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract. 7.30.1 Exhibit A, Pricing; 7.30.2 Exhibit A-1, Software License and Software Support Pricing; 7.30.3 Exhibit A-2, GCOS 8/Open Systems DR Administration Support Services Pricing; 7.30.4 Exhibit B, Statement of Work, System Configuration Services. 7.30.5 Exhibit B-1, Statement of Work, System Administration Assistance; 7.30.6 Exhibit B-2, Statement of Work, GCOS 8 and Open Systems DR Services 7.30.7 Exhibit C, Contractor Travel Policy; and 7.30.8 Exhibit D, Agreements SC-600B, SC-670B, SC-699B and SC-670X.1 SERIAL 14071-SS EXHIBIT A PRICING SERIAL 14071-SS NIGP CODE: 20455 RESPONDENT NAME: Bull HN Information Systems Inc. VENDOR NUMBER : W000004164 ADDRESS: 13430 N. Black Canyon Highway Phoenix, AZ 85029-1310 P.O. ADDRESS: TELEPHONE NUMBER: 602-862-5001 FACSIMILY NUMBER: 602-862-4288 WEB SITE: www.bull.com REPRESENTATIVE: Jim Ulrey REPRESENTATIVE E-MAIL: Jim.Ulrey@bull.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: [ ] [X] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ ] [X] WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD: [ ] [X] % (Payment shall be made within 48 hours of utilizing the Purchasing Card) PAYMENT TERMS: [X] NET 30 DAYS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS EXHIBIT C CONTRACTOR TRAVEL POLICY Purpose This policy is established in order to maintain a uniform definition of allowable and allocable costs acceptable to Maricopa County / Special Countys (hereinafter "the County"). It is recognized that there will be times when it is necessary for contractors to travel to the County in order to perform services under a contract. Use of this policy should insure the County does not become liable for unwarranted or excessive travel expense invoices from contractors. A. All contract-related travel shall be prior-approved by the County. B. Travel, lodging, and per diem expenses incurred in performance of County contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to determine rates: http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentId=17943&contentType=GSA_BASIC C. Commercial air travel shall be scheduled at the lowest available and/or most direct flight airfare rate at the time of any approved contract-related travel. A fare other than the lowest rate may be used only when seats are not available at the lowest fare or air travel at a higher rate will result in an overall cost savings to the County. Business class airfare is allowed only when there is no lower fare available to meet County needs. D. Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip, not for the personal convenience of the traveler. 1. Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor. The County will not reimburse the contractor if the contractor chooses to purchase these coverages. 2. Rental vehicles are restricted to sub-compact, compact, or mid-size sedans unless a larger vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain written approval from the County prior to rental of a larger vehicle.) 3. The County will reimburse the contractor for parking expenses if free, public parking is not available within a reasonable distance of the place of County business. 4. The County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from the airport. E. The contractor is responsible for any other miscellaneous personal expenses, as they are included in the contractor's lodging and per diem expenses. F. The County will reimburse any allowable and allocable business expense, excluding health club fees and business class air fares, except as indicated in paragraph "C" above. G. Travel and per diem expenses shall be capped at (TO BE PROPOSED) % of project price unless otherwise specified in individual contracts. SERIAL 14071-SS EXHIBIT D AGREEMENTS • SC-600B Equipment Sale, Products and Services Agreement • SC-670B Product Schedule/Agreement Amendment • SC-699B Professional Services Agreement • SC-670X.1 Product Schedule/Agreement Amendment SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS SERIAL 14071-SS