13096-CONTRACT SIRE.PDF

SERIAL 13096-C
SERIAL 13096-C BULK FLOUR
DATE OF LAST REVISION: September 11, 2013 CONTRACT END DATE: September 30, 2014
CONTRACT PERIOD THROUGH SEPTEMBER 30, 2014
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for BULK FLOUR
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 September 11, 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
NP/ao
Attach
Copy to: Office of Procurement Services
Amie Bristol, MCSO
Peter Pilat, MCSO - Food Services
(Please remove Serial 08098-C from your contract notebooks)

SERIAL 13096-C
FOOD SOURCE INTERNATIONAL 2625 S ROOSEVELT ST., TEMPE, AZ 85282
Attachment A
COMPANY NAME: Food Source International
MAILING ADDRESS: 2625 S Roosevelt St. Tempe, AZ. 85282
REMIT TO ADDRESS: 2625 S Roosevelt St. Tempe, AZ. 85282
TELEPHONE NUMBER: 480-829-0886
FACSIMILE NUMBER: 520-682-8556
WEB SITE:
REPRESENTATIVE NAME: Jennifer Vogel
REPRESENTATIVE TELEPHONE NUMBER: 520-603-9015
REPRESENTATIVE E-MAIL: DandJVogel@fsiaz.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
FUEL COMPRISES (if section for fuel price adjustment is 5% OF TOTAL BID AMOUNT
located in the solicitation document)
PAYMENT TERMS: RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING.
PAYMENT TERMS WILL BE CONSIDERED IN DETERMINING LOW BID. FAILURE TO
CHOOSE PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
NET 30 DAYS
Title Unit Price Qty UofM Total Price
Flour (Big Yield Enriched) $0.253 648,000 pound $163,944.00
Product Description:
Wheat flour milled from selected stocks of thoroughly cleaned and tempered premium grade hard wheats. Shall be sifted
and entoleted prior to packaging or loading. Product shall be processed in accordance with current good manufacturing
practices promulgated under the Federal Food, Drug and Cosmetic act and applicable State Statutes and Regulations.
Physical and Chemical: Moisture 14.0 +/- 0.5% 2.1.3.2 Ash .54 +/- 0.2% Protein (Nx 5.7) 11.4 +/- 0.5% 2.1.3.4
Absorption 58.4 +/- 2% 2.1.4 Label to be provided to the Bakery Office shall contain the following information:
Bleached Wheat Flour, Niacin, Iron, Thiamine Mononitrate, Azodicarbonamide, Riboflavin, Folic Acid, and Enzyme.
Kosher Status shall be provided on the label: Kashrute Certification by "Kosher overseers of America, Inc."; Extraneous
Matter: Complies with FDA Regulations. Recommended Storage: Stored according to GMP'S at <80° F. and <75% R.H.
Shelf Life: 90 days minimum at recommended storage conditions. All plants shall operate under "HACCP Programs”.
Product shall be pumped into MCSO (Sheriff's) silo upon delivery by the contractor. All products shall be of first quality.
Product shall be of commercial food grade quality. Verification of grade shall be provided upon request. Damaged or
outdated product deemed unfit for use will not be accepted and be replaced at no charge or credited if the vendor is
notified within 72 hours of delivery date.

SERIAL 13096-C
FOOD SOURCE INTERNATIONAL 2625 S ROOSEVELT ST., TEMPE, AZ 85282
Whole Wheat Fine Flour (Bagged in 55 lbs $0.257 864000 pound $222,048.00
Bags)
Product Description:
Whole Wheat Fine Flour: (Quantity based on 900,000 pound usage per year). Whole wheat flour milled from selected
stocks of thoroughly cleaned and tempered premium grade Hard Red Spring Wheat. This flour complies with FDA
standards of identity. This flour is sifted prior to packaging or loading. This product is manufactured in accordance with
current good manufacturing practices promulgated under the federal food, drug and cosmetic act and applicable state
statutes and regulations. Physical and Chemical: Moisture 13.5 +/- 0.5%, Ash 1.6 +/- 0.2%, Protein (N x 5.7) 14.3 +/-
0.5%, Absorption 72.0 +/-2.0%. Label to be provided to the Bakery Office shall contain the following information:
Bleached Wheat Flour, Niacin, Iron, Thiamine Mononitrate, Azodicarbonamide, Riboflavin, Folic Acid, and Enzyme.
Kosher Status shall be provided on the label: Kashrute Certification by “Kosher overseers of America, Inc.” Extraneous
Matter: Complies with FDA Regulations. Recommended Storage: Stored according to GMP’S at <70° F. and <50% R.H.
Shelf Life: 120 days minimum at recommended storage conditions. All plants shall operate under “HACCP Programs."
Product shall be in 50 lb. bags stacked 40-50 bags per pallet. All products shall be of first quality. Product shall be of
commercial food grade quality. Verification of grade shall be provided upon request. Damaged or outdated product
deemed unfit for use will not be accepted and be replaced at no charge or credited if the vendor is notified within 72
hours of delivery date.
Vital Wheat Gluten (Bagged 55 Lb Bags) $1.07 57600 pound $61,632.00
Product Description:
Whole wheat flour milled from selected stocks of thoroughly cleaned and tempered premium grade Wheat. This flour
complies with FDA standards of identity. This flour is sifted prior to packaging or loading. This product is manufactured
in accordance with current good manufacturing practices promulgated under the federal food, drug and cosmetic act and
applicable state statutes and regulations. Specifications (Vital Wheat Gluten): 2.4.1 Moisture: 6 g. Carbohydrates: Sugars
(mono and disaccharides): 0 g, 2.4.2.2 Polyols: 0 g, 2.4.2.3 Starch: 10 g, Other carbohydrates: 0 g, Dietary Fiber
(AOAC): 7.5 g, Protein (Nx6.25) : 80 g. Fat: 6 g (Saturated: 1g, Mono-unsaturated: 0.6 g, Poly-unsaturated: 3.6 g,
Cholesterol: 0 g, Trans Fatty Acids : 0 g. Sodium: 26 mg, Potassium: 108 mg, Ash: .77 g, Energic Value: 445 kcal / 1879
kJ. Label to be provided to the Bakery Office shall contain the following information: Bleached Wheat Flour, Niacin,
Iron, Thiamine Mononitrate, Azodicarbonamide, Riboflavin, Folic Acid, and Enzyme. Kosher Status shall be provided
on the label: Kashrute Certification by “Kosher overseers of America, Inc.” Extraneous Matter: Complies with FDA
Regulations. Shelf Life: 120 days minimum at recommended storage conditions. All plants shall operate under “HACCP
Programs." Product shall be in 50 lb. bags stacked 40-50 bags per pallet. All products shall be of first quality. Product
shall be of commercial food grade quality. Verification of grade shall be provided upon request. Damaged or outdated
product deemed unfit for use will not be accepted and be replaced at no charge or credited if the vendor is notified within
72 hours of delivery date.
PRICING SHEET: NIGP CODE: 39351, 85004
Vendor Number: 2011000679 0
Certificates of Insurance Required
Contract Period: To cover the period ending September 30, 2014.

SERIAL 13096-C
1.0 INTENT:
The intent of this Invitation for Solicitation is to establish a listing of qualified suppliers for BULK FLOUR
as defined herein. Multiple awards will be made to ensure adequate competition. The initial one (1) year
award will be made to the supplier meeting specification and offering the lowest price.
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 SPECIFICATIONS:
2.1 Flour (Big Yield Enriched):
2.1.1 Product Description
2.1.1.1 Wheat flour milled from selected stocks of thoroughly cleaned and tempered
premium grade hard wheats.
2.1.1.2 Shall be sifted and entoleted prior to packaging or loading.
2.1.2 Product shall be processed in accordance with current good manufacturing practices
promulgated under the Federal Food, Drug and Cosmetic act and applicable State
Statutes and Regulations.
2.1.3 Physical and Chemical:
2.1.3.1 Moisture 14.0 +/- 0.5%
2.1.3.2 Ash .54 +/- 0.2%
2.1.3.3 Protein (N x 5.7) 11.4 +/- 0.5%
2.1.3.4 Absorption 58.4 +/- 2%
2.1.4 Ingredients:
2.1.4.1 Wheat flour (99.98248%)
2.1.4.2 Benzoyl Peroxide (0.00600%)
2.1.4.3 Niacin (0.00525%)
2.1.4.4 Iron (0.00441%)
2.1.4.5 Thiamine Monoitratae (0.00064%)
2.1.4.6 Azodicarbonamide (0.00044%)
2.1.4.7 Riboflavin 00.00044%)
2.1.4.8 Folic Acid (0.000016%)
2.1.4.9 Enzyme (0.00014%)
2.1.5 Label to be provided to the Bakery Office shall contain the following information:
Bleached Wheat Flour, Niacin, Iron, Thiamine Mononitrate, Azodicarbonamide,
Riboflavin, Folic Acid, and Enzyme.
2.1.6 Kosher Status shall be provided on the label: Kashrute Certification by “Kosher
overseers of America, Inc.”
2.1.7 Extraneous Matter: Complies with FDA Regulations
2.1.8 Recommended Storage: Stored according to GMP’S at <80° F. and <75% R.H.
2.1.9 Shelf Life: 90 days minimum at recommended storage conditions.
2.1.10 All plants shall operate under “HACCP Programs.”
2.1.11 Product shall be pumped into MCSO (Sheriff’s) silo upon delivery by the contractor.

SERIAL 13096-C
2.1.12 All products shall be of first quality.
2.1.13 Product shall be of commercial food grade quality. Verification of grade shall be
provided upon request.
2.1.14 Damaged or outdated product deemed unfit for use will not be accepted and be replaced
at no charge or credited if the vendor is notified within 72 hours of delivery date.
2.2 Whole Wheat Fine Flour:
2.2.1 Product Description:
2.2.1.1 Whole wheat flour milled from selected stocks of thoroughly cleaned and
tempered premium grade Hard Red Spring Wheat. This flour complies with
FDA standards of identity. This flour is sifted prior to packaging or loading.
2.2.1.2 This product is manufactured in accordance with current good manufacturing
practices promulgated under the federal food, drug and cosmetic act and
applicable state statutes and regulations.
2.2.2 Physical and Chemical:
2.2.2.1 Moisture 13.5 +/- 0.5%
2.2.2.2 Ash 1.6 +/- 0.2%
2.2.2.3 Protein (N x 5.7) 14.3 +/- 0.5%
2.2.2.4 Absorption 72.0 +/-2.0%
2.2.3 Label to be provided to the Bakery Office shall contain the following information:
Bleached Wheat Flour, Niacin, Iron, Thiamine Mononitrate, Azodicarbonamide,
Riboflavin, Folic Acid, and Enzyme.
2.2.4 Kosher Status shall be provided on the label: Kashrute Certification by “Kosher overseers
of America, Inc.”
2.2.5 Extraneous Matter: Complies with FDA Regulations
2.2.6 Recommended Storage: Stored according to GMP’S at <70° F. and <50% R.H.
2.2.7 Shelf Life: 120 days minimum at recommended storage conditions.
2.2.8 All plants shall operate under “HACCP Programs.”
2.2.9 Product shall be in 50 lb. bags stacked 40-50 bags per pallet.
2.2.10 All products shall be of first quality.
2.2.11 Product shall be of commercial food grade quality. Verification of grade shall be
provided upon request.
2.2.12 Damaged or outdated product deemed unfit for use will not be accepted and be replaced
at no charge or credited if the vendor is notified within 72 hours of delivery date.
2.3 Vital Wheat Gluten (Bagged 50 Lb Bags)
2.3.1 Product Description:
2.3.1.1 Whole wheat flour milled from selected stocks of thoroughly cleaned and
tempered premium grade Wheat. This flour complies with FDA standards of
identity. This flour is sifted prior to packaging or loading.

SERIAL 13096-C
2.3.1.2 This product is manufactured in accordance with current good manufacturing
practices promulgated under the federal food, drug and cosmetic act and
applicable state statutes and regulations.
2.4 Specifications (Vital Wheat Gluten):
2.4.1 Moisture: 6 g
2.4.2 Carbohydrates:
2.4.2.1 Sugars (mono and disaccharides): 0 g
2.4.2.2 Polyols: 0 g
2.4.2.3 Starch: 10 g
2.4.2.4 Other carbohydrates: 0 g
2.4.2.5 Dietary Fiber (AOAC): 7.5 g
2.4.2.6 Protein (N x 6.25) : 80 g
2.4.3 Fat: 6 g
2.4.3.1 Saturated: 1 g
2.4.3.2 Mono-unsaturated: 0.6 g
2.4.3.3 Poly-unsaturated: 3.6 g
2.4.3.4 Cholesterol: 0 g
2.4.3.5 Trans Fatty Acids : 0 g
2.4.4 Sodium: 26 mg
2.4.5 Potassium: 108 mg
2.4.6 Ash: .77 g
2.4.7 Energic Value: 445 kcal / 1879 kJ
2.4.8 Label to be provided to the Bakery Office shall contain the following information:
Bleached Wheat Flour, Niacin, Iron, Thiamine Mononitrate, Azodicarbonamide,
Riboflavin, Folic Acid, and Enzyme.
2.4.9 Kosher Status shall be provided on the label: Kashrute Certification by “Kosher overseers
of America, Inc.”
2.4.10 Extraneous Matter: Complies with FDA Regulations SERIAL 13096-C
2.4.11 Shelf Life: 120 days minimum at recommended storage conditions.
2.4.12 All plants shall operate under “HACCP Programs.”
2.4.13 Product shall be in 50 lb bags stacked 40-50 bags per pallet.
2.4.14 All product shall be of first quality.

SERIAL 13096-C
2.4.15 Product shall be of commercial food grade quality. Verification of grade shall be
provided upon request.
2.4.16 Damaged or outdated product deemed unfit for use will not be accepted and be
replaced at no charge or credited if the vendor is notified within 72 hours of delivery
date.
2.5 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.
2.6 DELIVERY AND INSTALLATION Delivery shall be F.O.B. Destination within seven (7) days
of receipt of Using Agency purchase order, to any delivery location within Maricopa County.
2.7 EXPEDITED DELIVERY:
2.7.1 If the Using Agency determines that rush shipping or other alternate shipping is required,
it shall notify the Contractor. The Contractor shall determine any additional costs
associated with such delivery terms and communicate that cost to the Using Agency.
2.7.2 The Using Agency shall not advise the Contractor to proceed with an expedited shipment
until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to
the additional costs, the Using Agency shall advise the Contractor to proceed.
2.7.3 Upon receipt of material(s) and invoicing, the Using Agency shall ensure that any
additional charges are in compliance with and do not exceed agreed to costs. The Using
Agency shall retain all documents related to these costs within the agency purchase file.
2.8 SHIPPING DOCUMENTS:
A packing list or other suitable shipping document shall accompany each shipment and shall
include the following:
2.8.1 Contract Serial number.
2.8.2 Contractor’s name and address.
2.8.3 Using Agency name and address.
2.8.4 Using Agency purchase order number.
2.8.5 A description of product(s) shipped, including item number(s), quantity(ies), number of
containers and package number(s), as applicable.
2.9 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at:
MCSO Food Factory
3150 W. Lower Buckeye
Phoenix AZ 85009
2.10 SAMPLES:
The Contractor may be requested to furnish samples of material(s) bid for examination by the
County. Any materials so requested shall be furnished within (5) working days from the date of
request and furnished at no cost to the County and sent to the address designated in the requesting
correspondence. Samples should be accompanied by pertinent nutritional information, including
verification of compliance with above listed specifications.

SERIAL 13096-C
2.11 TESTING:
Unless otherwise specified, materials purchased will be inspected by the Using Agency to ensure
the materials meet the quality and quantity requirements of the Specifications. When deemed
necessary by the County, samples of the materials may be taken at random from stock received for
submission to a commercial laboratory or other appropriate agency for analysis and tests as to
whether the materials conform in all respects to the Specifications. In cases where commercial
laboratory reports indicate that the materials do not meet the Specifications, the expense of such
analysis shall be borne by the Contractor.
2.12 INVOICES AND PAYMENTS:
2.12.1 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 pounds)
Contract Item number
Description of Purchase (product or services)
Pricing per unit of purchase
Freight (if applicable)
Extended price
Total Amount Due
ALL INVOICES SHOULD BE MAILED TO THE FOLLOWING:
MCSO FINANCE ACCOUNTS PAYABLE
234 N. CENTRAL AVENUE 7th FLOOR
PHOENIX, AZ 85004
2.12.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
2.12.3 Payment may 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 fill out an EFT Enrollment form (to be
provided by the Procurement Officer) or as located on the County Department of Finance
Website as a fillable PDF document (www.maricopa.gov/finance/).
2.12.4 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.
2.13 TAX:
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be
used in determining low price.
2.14 FUEL COST PRICE ADJUSTMENT:
2.14.1 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

SERIAL 13096-C
will result in an increase in payments to Contractor while a negative fuel cost adjustment
will result in a decrease in payments to Contractor.
2.14.2 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.
2.14.3 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 two (2) times annually, six months from the effective date of
this contract. 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.
2.14.4 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
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).
2.14.5 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.
Any cost adjustment will be calculated by the County by using the Bureau of Labor
Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel –
WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp).
2.14.6 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/
2.14.7 The computation of the fuel surcharge amount shall be determined as follows:
2.14.7.1 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.
2.14.7.2 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.
2.14.7.3 The surcharge shall be added as a separate line item to the invoice.
2.15 COMMODITY COST PRICE ADJUSTMENT
The Contractor shall include, as part of its price bid, the percentage of total contract price wheat
flour represents (e.g., wheat flour cost equals 10% of Contractor cost). When determining the
reasonableness of any price increase, the requested wheat flour cost shall be indexed to PPI
(Producer Price Index) Index Code: 021203 Index Title: Wheat flour. The percent difference in

SERIAL 13096-C
this index between the price increase request date and the date of last executed pricing shall
constitute the reasonableness of any price increase on the basis of wheat flour cost.
2.16 STRATEGIC ALLIANCE for VOUME 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 so state in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
2.17 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 SPECIAL TERMS & CONDITIONS:
3.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a one (1)
year period.
3.2 OPTION TO RENEW:
The County may, at its option and with the approval of the Contractor, renew the term of this
Contract 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
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:
The vendor may make requests for price adjustment or escalation no more than once every six
months, starting from the effective date of this contract. Requests must be submitted with
sufficient justification, and be in accordance with sections 2.14 and 2.15 of this document.
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.

SERIAL 13096-C
3.4.3 The scope of this indemnification does not extend to the sole negligence of County.
3.5 INSURANCE REQUIREMENTS
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
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.

SERIAL 13096-C
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 Certificates of Insurance.
Prior to commencing work or services under this Contract, Contractor shall furnish the
County with 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 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 shall be considered non-responsive and not eligible
for award consideration.
3.8 REQUIREMENTS CONTRACT:
3.8.1 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.
3.8.2 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

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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.
3.8.3 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.
3.9 ORDERING AUTHORITY.
3.9.1 The Contractor should understand that any request for purchase of product(s) shall be
accompanied by a valid purchase order, issued by Office of Procurement Services, or by
a Certified Agency Procurement Aid (CAPA).
3.9.2 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.
3.9.3 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
for the product(s) is the only document necessary for Customers to purchase and for the
Contractor to proceed with delivery of product(s) available under this Contract.
3.9.4 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 Contractor.
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, or 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.

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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
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:
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.
3.16 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 367 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
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.

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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
3.23.1.4 Have not within a 3-year period preceding this Contract had one or more
public transactions (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.

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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 3.24.1
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.
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 ethical 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,

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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 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.