08117-CONTRACT EXPIRES 121614.DOCX
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SERIAL 08117-SS BULL NOVASCALE DB SERVER PROCESSOR & SOFTWARE
DATE OF LAST REVISION: May 06, 2013 END DATE: December 16, 2014
CONTRACT PERIOD BEGINNING DECEMBER 17, 2008
ENDING DECEMBER 16, 2011 2014
TO: All Departments
FROM: Department of Materials Management
SUBJECT: Contract for BULL NOVASCALE DB SERVER PROCESSOR &
SOFTWARE
Attached to this letter is a listing of vendors available to Maricopa County Agencies utilizing the
Recorder Agreement C-50-08-014-8-02.
Please note: Price Agreement Purchase Orders (PG documents) may be generated using the
information from this list. Use NIGP CODE 2045502, 20455
All purchases of product(s) listed on the attached pages of this letter are to be obtained from the
listed contractor(s).
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SOLE SOURCE CONTRACT
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This Contract is entered into this 21st day of November, 2008 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).
1.0 TERM:
1.1 This Contract is for a term of three (3) years, beginning on the 17th day of December,
2008 and ending the 16h day of December, 2011 2014.
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 two (2) legible copies 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.
2.3 If Contractor so chooses, payment will 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 may fill-out an EFT Enrollment form
located on the Maricopa County Department of Finance Website as a fillable PDF document
(www.maricopa.gov/finance/).
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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:
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.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
7.2 INSURANCE REQUIREMENTS:
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++6. 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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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.
Contractor's insurance shall be primary insurance as respects County, and any insurance or self-
insurance maintained by County shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the County's right to coverage afforded under the
insurance policies.
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.
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.
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.
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.
7.2.1 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
The policy shall include coverage for 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.
7.2.2 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of 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.
7.2.3 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
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work or services under this Contract; and Employer's Liability insurance of not less
than$100,000 for each accident, $100,000 disease for each employee, and $500,000
disease policy limit.
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.
7.2.4 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.
7.2.5 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:
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.
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 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.
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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 Materials Management Department
Attn: Director of Purchasing
320 West Lincoln Street
Phoenix, AZ 85003
For Contractor:
Bull HN Information Systems Inc.
Attn: Dwight Oglesby
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. 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
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.
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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 perfom, 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 CONFUCT 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.
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.
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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 Materials Management shall be responsible for approving all amendments for County.
7.16 RETENTION OF RECORDS:
The Contractor agrees to retain all financial books, records, and other documents relevant to
this Contract for five (5) years after final payment or until after the resolution of any audit
questions which could be more than five (5) years, whichever is longer. 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 and other documents relevant to this Contract are not
sufficient to support and document that requested services were provided, upon prior written
notice to the Contractor and with the reasonable opportunity of the Contractor to reply and
address any such alleged insufficiency of records, the Contractor shall reimburse County for the
reasonable value of the services not so adequately supported and documented.
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 ALTERNATIVE DISPUTE RESOLUTION:
7.18.1 After the exhaustion of the administrative remedies provided in the Maricopa County
Procurement Code, any contract dispute in this matter is subject to compulsory
arbitration. Provided the parties participate in the arbitration in good faith, such
arbitration is not binding and the parties are entitled to pursue the matter in state or
federal court sitting in Maricopa County for a de novo determination on the law and facts.
If the parties cannot agree on an arbitrator, each party will designate an arbitrator and
those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve
as a panel to consider the arbitration. The parties will be equally responsible for the
compensation for the arbitrator(s). The hearing, evidence, and procedure will be in
accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days
of the completion of the hearing the arbitrator(s) shall:
7.18.1.1 Render a decision;
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7.18.1.2 Notify the parties that the exhibits are available for retrieval; and
7.18.1.3 Notify the parties of the decision in writing (a letter to the parties or their
counsel shall suffice).
7.18.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s)
a proposed form of award or other final disposition, including any form of award for
attorneys' fees and costs. Within five (5) days of receipt of the foregoing, the opposing
party may file objections. Within ten (10) days of receipt of any objections, the
arbitrator(s) shall pass upon the objections and prepare a signed award or other final
disposition and mail copies to all parties or their counsel.
7.18.3 Any party which has appeared and participated in good faith in the arbitration
proceedings may appeal from the award or other final disposition by filing an action
in the state or federal court sitting in Maricopa County within twenty (20) days after
date of the award or other final disposition. Unless such action is dismissed tOr failure
to prosecute, such action will make the award or other final disposition of the
arbitrator(s) a nullity.
7.19 VERIFICATION REGARDING COMPLJANCE WITH ARIZONA REVISED STATUTES
§41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
7.19.1 By entering into the Contract, the Contractor warrants compliance with the Federal
Immigration and Nationality Act (FINA) and all other Federal immigration laws and
regulations related to the immigration status of its employees. 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 U.S.
Department of Labor's Immigration and Control Act, for all employees performing work
under the Contract. T-9 forms are available for download at USCTS.GOV.
7.19.2 The County may request verification of compliance for any contractor or subcontractor
performing work under the Contract. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County 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 department of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
7.20 VERIFICATION REGARDING COMPLJANCE WITH ARIZONA REVISED STATUTES
§§35-391.06 AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN:
7.20.1 By entering into the Contract, the Contractor certifies it does not have scrutinized
business operations in Sudan or Iran. 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.
7.20.2 The County may request verification of compliance for any contractor or subcontractor
performing work under the Contract. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County 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 department of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
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7.21 AVAILABILJTY OF FUNDS:
7.21.1 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.
7.21.2 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.
7.22 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
by County, all records and accounts relating to the work performed or the services provided
under this Contract.
7.22.1 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:
7.22.1.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
7.22.1.2 Reduce the Contract price to reflect the reduced value of the services
performed.
7.22.2 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:
7.22.2.1 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
7.22.2.2 Terminate the Contract for default.
7.23 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.
7.24 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect
the validity of any other provision of this Contract.
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7.25 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 is licensed to the County
for its use on a nonexclusive and nontransferable basis, and in accordance with the tenns and
conditions in the Agreement dated October 2, 2007 between the parties, and including without
limitation section 5 of said Agreement entitled License for Software Products and Diagnostic
Materials. A copy of such Agreement between the parties is attached hereto as Exhibit D and
made a part of this Contract.
7.26 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.
7.27 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
7.28 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
7.28.1 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:
7.28.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
7.28.1.2 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;
7.28.1.3 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
7.28.1.4 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.
7.28.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
7.28.3 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.
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7.29 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract, and the provisions of the signed
SC600B Equipment Sale, Products and Services Agreement dated October 2, 2007 ("2007
Agreement"), then the provisions and terms of the 2007 Agreement 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 Pricing to this Contract shall prevail over any conflict with the
County and Bull signed SC-670B Agreement Amendment dated October 2, 2007 and attached
in Exhibit D to this Contract).
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 B, Scope of Work.
7.30.3 7.30.3 Exhibit C, Contractor Travel Policy.
7.30.4 Exhibit D, Agreements SC-600B, SC-670B & SC-699B between the parties fully
executed October 2, 2007
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08117-Pricing.pdf
08117-Statement of
Work.pdf
08117-Amendment
Extension 2014.pdf
08117-Statement of
Work 03-26-13.pdf