13024-CONTRACT.PDF

SERIAL 13024-S SECURITY ELECTRONIC SYSTEMS: PARTS, MAINTENANCE & REPAIR
DATE OF LAST REVISION: October 09, 2013 CONTRACT END DATE: October 31, 2016
CONTRACT PERIOD THROUGH OCTOBER 31, 2016
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for SECURITY ELECTRONIC SYSTEMS: PARTS, MAINTENANCE &
REPAIR
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 October 09, 2013.
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
DW/mm
Attach
Copy to: Office of Procurement Services
Don Jeffery, Facilities Management
(Please remove Serial 06112-S from your contract notebooks

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SECURITY ELECTRONIC SYSTEMS: PARTS, MAINTENANCE & REPAIR
1.0 INTENT:
The intent of this Invitation for Bid is to establish a source for repair, programming, upgrades to existing
systems and various types of closed circuit televisions, door controls, public address systems, intercoms,
nurses’ call, panic call, Hirsch Card access systems, parking lot automatic gates, and other electronic
equipment at detention facilities and other County buildings. This will be a multiple awarded contract.
Bidders are encouraged to provide labor-pricing rates for the specific equipment they specialize in. In
addition, this contract shall allow for the direct purchase by the County of all parts and materials from the
successful contractors, without installation, that are necessary for County personnel to maintain the
integrated touch screen security electronics and communications control systems installed at various
detention facilities. This contract shall provide the services of a qualified contractor to provide repair. The
attached exhibits list is subject to obsolescence.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 2.14 and 2.15, 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 TECHNICAL REQUIREMENTS:
2.1.1 Contractor shall provide all equipment, tools, labor, supervision, materials,
transportation, and all effort necessary to carry out the specifications herein.
2.1.2 In detention facilities, service shall be made available to the County 24 hours a day 7 days
a week. All other facilities, Contractor has the option to provide service during business
hours only. If labor is priced on the Pricing Page, for other than business hours,
contractor MUST provide such service.
2.1.3 The labor rates bid shall include all direct labor and overhead, equipment, small tools,
common expendables and sales tax.
2.1.4 SERVICE HOURS:
REGULAR BUSINESS HOURS SERVICE WORK shall be performed between 6:00 AM
and 6:00 PM, Monday through Friday, excluding County holidays.
AFTER HOURS SERVICE WORK shall be performed after 6:00 PM and before 6:00 AM
the following morning.
WEEKEND SERVICE WORK shall be performed after 6:00 AM on Saturday through
Monday morning before 6:00 AM.
HOLIDAY SERVICE WORK shall be performed during any Maricopa County holiday.
2.1.5 Response time to all REGULAR service work shall be within six (6) hours on-site after
Contractor receives request from the County department. An emergency request that
occurs during REGULAR hours shall be two (2) hours without carryover into the next day.
(The six hour response time shall carryover to the next working day if called into
Contractor’s office after 12:00 Noon.)
2.1.6 Emergency two (2) hour response time required for all court locations in the event of
complete loss of video on any camera, loss of video recording on any camera, loss of
ability to control access on any one door or loss of ability to activate security system or

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cause alarms to report to central station. Routine adjustments, changes to programming
etc., will be responded to within six (6) hours per contract
2.1.7 AFTER HOURS, WEEKENDS, AND HOLIDAY request shall have a two (2) hour response
time.
2.1.8 There may be times when specialized equipment must be rented to perform repairs as the
Contractor may not have such in his inventory (i.e. lift equipment). This equipment will
be considered as additional cost and used indirectly for the repair of electronic systems
during the performance of electronic repair services:
2.1.9 These items will be allowed an administrative mark-up cost of five percent (5%) (Shall
be pre-approved by the County). Invoicing from the rental company must be attached to
the contractor’s invoice for payment.
2.1.10 The Contractor shall be responsible for sourcing all electronic parts/components/fixtures
necessary in the repair of building electronic equipment. Exceptions are, if in the best
interest of the County, to utilize its own electronic commodity contracts to source said
supplies.
2.1.11 REPLACEMENT OF EQUIPMENT DUE TO OBSOLESCENCE:
2.1.11.1 The Contractor shall inform the County of the non-repairable state of the
equipment.
2.1.11.2 REPAIR LOANERS:
2.1.11.3 If the Contractor must transport equipment to his/her shop for repairs, a loaner
(if possible) should be left for the County to use. Once it is determined what the
cost of repairs will be, the Contractor must inform the County agency of repair
cost and any other options, and inform the agency they have 48-hours to respond
back with either a go ahead to repair, or no repairs. If the Contractor does not
receive a response within the allotted time-line from the agency, the Contractor
has the right to charge rental fees for the loaner for each day the machine is used
by the agency (exceptions noted below). Rental fees will be those prevailing
rates established by the Contractor. While in the County agency’s possession,
any damage incurred to the loaner shall be the responsibility of the County
agency.
2.1.11.3.1 EXCEPTIONS TO 2.1.10.3:
2.1.11.3.1.1 In the event equipment requires a prolonged stay at
Contractor's shop for repairs or back order of parts,
Contractor shall keep using agency abreast as to the
delay on a weekly basis, via phone or letter. If a
loaner is used by the agency, there shall be no rental
fees imposed, should this be the case.
2.1.11.3.1.2 Repairs to Contractor's loaner equipment (due to
normal wear and tear) while being utilized by user
agency shall be Contractor's responsibility at no
additional cost to the County, excluding supply items.
2.1.11.3.1.3 If the agency opts to replace the equipment with a new
one, and ordered through the Contractor, and the new
equipment will take some time to arrive, the County
agency will not incur any rental fees.

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2.1.12 OTHER THAN FACILITIES MANAGEMENT DEPARTMENT (FMD) REQUEST
FOR EQUIPMENT CHANGE-OUTS:
Should a County agency other than FMD request a replacement of an electronic system,
the Contractor is required to notify FMD that such a request has been placed. As the
responsibility of maintaining all County buildings belongs to FMD, this department must
be involved in the change-out process.
2.1.13 The Exhibits are lists of estimated inventory of equipment located at the various
detention facilities and courts. This list is for general guidelines only. Its accuracy is not
guaranteed.
2.1.14 VENDOR QUALIFICATIONS:
2.1.14.1 HIRSCH CARD ACCESS
Vendors desiring to bid on this service MUST be Hirsch authorized dealers.
The software utilized for the card access system is Velocity. If your firm has the
capability of repairing this system, please provide proof of this capability with
your Bid Package.
2.1.15 The Contractor shall perform the work in a way to minimize disruption to the normal
operation of building tenants. Upon completion of any service work the Contractor is
responsible for cleaning and removing from the job site all debris, materials, and
equipment associated with the service work performed.
2.1.16 The Contractor shall make necessary repairs in such a manner that does not damage
County property. In the event damage occurs to Maricopa County property, or any
adjacent property by reason of any repairs or installations performed under this Contract,
the Contractor shall replace or repair the damaged property at no cost to the County. If
damage caused by the Contractor has to be repaired or replaced by the County, the cost of
such work shall be deducted from the monies due the Contractor.
2.1.17 In the event that the work performance level of the Contractor is unsatisfactory, the
Contractor will be notified by the County and be given one (1) day to correct the work.
Labor for any and all re-work services shall be at no Cost to the County.
2.2 WARRANTY:
The warranty period for repairs shall be thirty (30) days for both parts and labor. Warranty repair
and/or replacement will be performed at no additional charge to Maricopa County during this time
line. All warranty periods shall begin upon acceptance by the Using Agency.
2.3 TRADE-INS:
Contractors are requested to submit prices on trade-ins. Whether Materials will actually be traded
is at the option of Maricopa County.
2.4 MATERIALS MAINTENANCE:
The Contractor shall provide maintenance of Materials supplied under this Contract upon
installation of equipment.
2.5 FACTORY AUTHORIZED SERVICE AVAILABILITY:
For services requiring factory authorized certification, the Contractor shall have and maintain a
local factory authorized service station within the Phoenix Metropolitan area. The station shall be
capable of supplying and installing component parts, and troubleshooting, repairing and

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maintaining the Materials. Minimum service hours shall be from 6:00 A.M. to 6:00 P.M., Monday
through Friday.
2.6 USAGE REPORT:
The Contractor shall furnish the County a quarterly usage report 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.
2.7 ACCEPTANCE:
Once the Materials have been delivered, the Using Agency shall have a reasonable opportunity to
inspect them. The Using Agency shall have ten (10) days to perform its acceptance testing and
inspection of the Materials, after which time the Materials shall be deemed accepted unless the
Using Agency rejects the Materials and the warranty period begins. All documentation shall be
completed prior to final acceptance.
2.8 FACILITIES:
During the course of this Contract, the County shall provide the Contractor’s personnel with
adequate workspace for consultants and such other related facilities as may be required by
Contractor to carry out its obligation enumerated herein.
2.9 TECHNICAL TRAINING TO COUNTY STAFF:
If the Contractor is capable of providing technical training to County staff for the specialized
equipment they service, there is a line item price for such on the Pricing Page.
2.9.1 These training sessions will be on-request by FMD staff. The training requested may be
for old or new technology.
2.9.2 The training will be held at a County facility, or if deemed necessary, the Contractor’s
facility. Training aids if necessary (i.e., service manuals, mock-up equipment; etc.) shall
be provided by the Contractor.
2.9.3 The County, under a separate purchase process, may purchase Service manuals.
2.9.4 The Contractor shall be given advance notice to prepare, research, and schedule staff in
order to provide an adequate presentation.
2.9.5 Technical training shall be performed during regular business hours.
2.10 INVOICES AND PAYMENTS:
2.10.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. At a minimum, the invoice must provide the following
information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase

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• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due
2.10.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
2.10.3 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).
2.10.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
2.11 TAX:
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
2.12 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.
2.13 FUEL COST PRICE ADJUSTMENT:
2.13.1 This provision provides for limited increased or decreased costs of motor fuels (fuels)
used to perform services under this Contract. This provision does not apply to burner
fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only.
Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment
will result in an increase in payments to Contractor while a negative fuel cost adjustment
will result in a decrease in payments to Contractor.
2.13.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost
fluctuations that may occur during the term of this Contract. This provision is not
designed to estimate actual quantities of fuel used in providing services under this
Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on
average conditions.
2.13.3 Application of this provision will come into effect upon Contractor submittal of a fuel
cost adjustment request. A request may be submitted only when the increased cost of
fuel, established as a percentage of total contract price (base fuel cost) upon award of this
Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a
fuel surcharge no more than four (4) times annually, during the month(s) of March, June,
September and December. The request must be submitted no later than the tenth (10th) of
the month. Any surcharge shall be effective the first of the following month after receipt
and approval. The date of County approval of a fuel cost adjustment request shall
become the base date for any future Contractor adjustment requests.
2.13.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel
represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A,
Vendor Information). This percentage will represent and establish the base fuel cost for

SERIAL 13024-S
this Contract. The base fuel cost shall be established as the due date for submission of
proposals for this Contract. All subsequent fuel cost adjustments shall be based upon the
date the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost
adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date
for any next Contractor request for adjustment).
2.13.5 Fuel Cost Application Requirement. The Contractor must provide documentation
including type of motor fuel and fuel invoices with price of the fuel used in providing
services under this Contract, from the month bids were due and the month of the cost
adjustment request, with any fuel cost adjustment application. The fuel cost adjustment
application must be completed with all applicable data, and signed by the Contractor.
2.13.6 The fuel surcharge shall be based on the current quarterly index of the West Coast
(PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to
the previous quarterly index period as reported on the Energy Information Administration
(EIA) website: http://www.eia.doe.gov/
2.13.7 The computation of the fuel surcharge amount shall be determined as follows:
2.13.7.1 The fuel cost component from Attachment A (Vendor Information) of the
Contract with Maricopa County, multiplied by the percent of change indicated
by the EIA report from the previous index period.
2.13.7.2 Upon agreement by the County to the surcharge, the County shall issue
written approval of the change prior to any adjusted invoicing submitted for
payment.
2.13.7.3 The surcharge shall be added as a separate line item to the invoice.
2.14 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
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please state so 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.
2.15 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.
3.0 CONTRACTUAL TERMS & CONDITIONS:
3.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed price purchasing contract to cover a three (3)
year term.
3.2 OPTION TO RENEW:
The County may, at their option and with the approval of the Contractor, renew the term of this
Contract up to a maximum of three (3) additional years, (or at the County’s sole discretion, extend

SERIAL 13024-S
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 (30) calendar days prior to the expiration of the
original contract term.
3.3 PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the
Contract annual anniversary date. 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.
3.4 INDEMNIFICATION:
3.4.1 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 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.
3.4.2 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.
3.4.3 The scope of this indemnification does not extend to the sole negligence of County.
3.5 INSURANCE:
3.5.1 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 A+. 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.
3.5.2 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.
3.5.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
3.5.4 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.
3.5.5 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

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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.
3.5.6 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.
3.5.7 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 Insureds.
3.5.8 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.
3.5.9 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 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.
3.5.10 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.
3.5.11 Workers’ Compensation:
3.5.11.1 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.
3.5.11.2 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.
3.5.12 Errors and Omissions Insurance:
Errors and Omissions insurance and, if necessary, Commercial Umbrella insurance,
which will insure and provide coverage for errors or omissions of the Contractor, with
limits of no less than $1,000,000 for each claim.

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3.5.13 Certificates of Insurance.
3.5.13.1 Prior to commencing work or services under this Contract, Contractor shall
furnish the County with valid and complete certificates of insurance, or formal
endorsements as required by the Contract in the form provided by the County,
issued by Contractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Contract are in full
force and effect. Such certificates shall identify this contract number and title.
3.5.13.2 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 ten (10) business days. BY SIGNING THE
AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT
WILL RESULT IN CANCELLATION OF CONTRACT.
3.5.13.3 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.
3.5.13.4 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.
3.5.14 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.
3.6 PROCUREMENT CARD ORDERING CAPABILITY:
County may determine to use a procurement card that may be used from time-to-time, to place and
make payment for orders under this Contract. Contractors without this capability may be
considered non-responsive and not eligible for award consideration.
3.7 INTERNET ORDERING CAPABILITY:
It is the intent of County to use the Internet to communicate and to place orders under this
Contract. Contractors without this capability may be considered non-responsive and not eligible
for award consideration.
3.8 ORDERING AUTHORITY.
3.8.1 Respondents should understand that any request for purchase of materials or services
shall be accompanied by a valid purchase order, issued by Office of Procurement
Services, or by a Certified Agency Procurement Aid (CAPA).
3.8.2 Maricopa County departments, cities, other counties, schools and special districts,
universities, nonprofit educational and public health institutions may also purchase from
under this Contract at their discretion and/or other state and local agencies (Customers)
may procure the products under this Contract by the issuance of a purchase order to the
Respondent. Purchase orders must cite the Contract number.
3.8.3 Contract award is in accordance with the Maricopa County Procurement Code. All
requirements for the competitive award of this Contract have been met. A purchase order

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for the products is the only document necessary for Customers to purchase and for the
Respondent to proceed with delivery of materials available under this Contract.
3.8.4 Any attempt to represent any product not specifically awarded under this Contract is a
violation of the Contract. Any such action is subject to the legal and contractual remedies
available to the County, inclusive of, but not limited to, Contract cancellation, suspension
and/or debarment of the Respondent.
3.9 REQUIREMENTS CONTRACT:
3.9.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid will be 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.
3.9.2 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 but only for actual and documentable costs incurred by the Contractor due to
and after issuance of 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.
3.9.3 Contractors agree to accept verbal notification of cancellation from the Office of
Procurement Services 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.
3.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
3.11 TERMINATION FOR DEFAULT:
If the Contractor fails to meet deadlines, or fails to provide the agreed upon service/material
altogether, a termination for default will be issued. The termination for default will be issued only
after the County deems that the Contractor has failed to remedy the problem after being
forewarned.
3.12 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit
of its creditors, additionally if a receiver should be appointed on account of its insolvency, the
County may terminate the Contract. If the Contractor should persistently or repeatedly refuse or
should fail, except in cases for which extension of time is provided, to provide enough properly
skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed
with work or otherwise be guilty of a substantial violation of any provision of this Contract, then
the County may terminate the Contract. Prior to termination of the Contract, the County shall give
the Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice,
the Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
3.13 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

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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.
3.14 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.
3.15 ADDITIONS/DELETIONS OF SERVICE:
3.15.1 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.
3.15.2 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.
3.16 SUBCONTRACTING:
3.16.1 The Contractor may not assign a Contract 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.
3.16.2 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.
3.17 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.
3.18 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
3.18.1 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.
3.18.2 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

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document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
3.18.3 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 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.
3.19 AUDIT DISALLOWANCES:
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 and the
required course of action, which shall be at the option of the County either to adjust any future
claim submitted by the Contractor by the amount of the disallowance or to require repayment of
the disallowed amount by the Contractor forthwith issuing a check payable to Maricopa County.
3.20 VALIDITY:
The invalidity, in whole or in part, of any provision of the Contract shall not void or affect the
validity of any other provision of the Contract.
3.21 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.
3.22 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.
3.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
3.23.1 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:
3.23.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
3.23.1.2 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;
3.23.1.3 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

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3.23.1.4 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.
3.23.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
3.23.3 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.
3.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
3.24.1 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.
3.24.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 3.26.1
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.
3.25 CONTRACTOR LICENSE REQUIREMENT:
3.25.1 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.
3.25.2 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.

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3.26 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 unethical
conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
3.26.1 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,
3.26.2 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.
3.27 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.
3.28 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.