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SERIAL 260039-C
PEANUT BUTTER
DATE OF LAST REVISION: February 11, 2026
CONTRACT END DATE: March 31, 2028
CONTRACT PERIOD THROUGH MARCH 31, 2028
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for PEANUT BUTTER
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 February 11, 2026
(Eff. 04/12/2026).
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.
AL/mm
Attach
Copy to:
Office of Procurement Services
Sammi Birchard, MCSO
(Please remove Serial 240164-C from your contract notebooks)
SERIAL 260039-C
GLOBAL FOODS INC, 8700 SPANISH RIDGE AVE, LAS VEGAS, NV 89148
COMPANY NAME:
Global Foods, Inc
DOING BUSINESS AS (dba):
MAILING ADDRESS:
8700 Spanish Ride Ave, Las Vegas, NV 89148
REMIT TO ADDRESS:
PO Box400818 Las Vegas NV 89140-0818
TELEPHONE NUMBER:
702/212-4537
WWW ADDRESS:
CONTACT NAME:
Amanda Childers
CONTACT TELEPHONE NUMBER:
702/212-4537
CONTACT EMAIL ADDRESS:
amandav@globalfoodslv.com
UNIQUE ENTITY IDENTIFIER (UEI):
KVPHGB6KLZ4
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
1st call
Peanut Butter
Units
Per
Case
Cost Per Case
Number of Cases
per Truckload
Unit Price
Bidder Notes
3 oz Package
140
53.48 1,540 Cases
0.382
55 Cases per
Pallet - THIS IS
NOT SUNSHINE
BRAND!
PRICING SHEET: NIGP CODE 39368
Terms:
NET 30 DAYS
Vendor Number
VC0000009151
Certificates of Insurance
Required
Contract Period:
To cover the period ending March 31, 2028.
01/28/2026
CHAIR, BOARD OF SUPERVISORS
SERIAL 260039-C
HIGHLAND WHOLESALE FOODS INC, 1604 TILLIE LEQIS DR, STOCKTON, CA 95206
COMPANY NAME:
Highland Wholesale Foods Inc
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1604 Tillie Leqis Dr, Stockton, CA 95206
REMIT TO ADDRESS:
1604 Tillie Leqis Dr, Stockton, CA 95206
TELEPHONE NUMBER:
209-933-0580
WWW ADDRESS:
www.highlandwolesalefoods.com
CONTACT NAME:
Josh Lang
CONTACT TELEPHONE NUMBER:
209-636-8646
CONTACT EMAIL ADDRESS:
josh@highlandfoodsinc.com
UNIQUE ENTITY IDENTIFIER (UEI):
HBCLYJJPHLD8
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
2nd call
Units
Per
Case
Cost Per Case
Number of Cases
per Truckload
Unit Price
Bidder Notes
35 lb Square Pails
$35.50
1,200
$35.50
1,200 cases per
Truckload (60
cases per pallet)
Manufactuer:
Great Choice
PRICING SHEET: NIGP CODE 39368
Terms:
NET 30 DAYS
Vendor Number
VC0000006279
Certificates of Insurance
Required
Contract Period:
To cover the period ending March 31, 2028.
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CHAIR, BOARD OF SUPERVISORS
Highland Wholesale Foods Inc.
Joshua Lang
Sales
josh@highlandfoodsinc.com
1604 Tillie Lewis Dr.
Stockton CA
95206
www.Highlandwholesalefoods.com
680525048
209-636-8646
12/2/2025
01/28/2026
SERIAL 260039-C
JNSFOODS LLC,1401 N UNIVERSITY DR STE 602, CORAL SPRINGS, FL 33071
OMPANY NAME:
JNS FOODS LLC
DOING BUSINESS AS (dba):
JNS FOODS LLC
MAILING ADDRESS:
1401 N University Dr., #602, Coral Springs, FL 33071
REMIT TO ADDRESS:
1401 N University Dr., #602, Coral Springs, FL 33071
TELEPHONE NUMBER:
954-718-7958
WWW ADDRESS:
www.jnsfoods.com
REPRESENTATIVE NAME:
Staci Lang
REPRESENTATIVE TELEPHONE NUMBER:
954-718-7958
REPRESENTATIVE EMAIL ADDRESS
bidpricing@jnsfoods.com
UNIQUE ENTITY IDENTIFIER (UEI)
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
1st call
Units
Per
Case
Cost Per Case
Number of Cases
per Truckload
Unit Price
Bidder Notes
35 lb Boxes
44.18
960
44.18 n/a
PRICING SHEET: NIGP CODE 39368
Terms:
1% 10 DAYS NET 30 DAYS
Vendor Number
VC0000002168
Certificates of Insurance
Required
Contract Period:
To cover the period ending March 31, 2028.
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CHAIR, BOARD OF SUPERVISORS
JNS Foods, LLC
Staci Lang, COO
bidpricing@jnsfoods.com
1401 N. University Dr., #602
Coral Springs FL
3307
www.jnsfoods.com
20-8188208
954-718-7958
12/04/2025
01/28/2026
SERIAL 260039-C
LA FOODS, 5115 CLARETON DR STE 200, AGOURA HILLS, CA 91301
COMPANY NAME:
LA FOODS, LLC
DOING BUSINESS AS (dba):
LA FOODS, LLC
MAILING ADDRESS:
5115 CLARETON DR. STE #200, AGOURA HILLS,
CA 91301
REMIT TO ADDRESS:
5115 CLARETON DR. STE #200, AGOURA HILLS,
CA 91301
TELEPHONE NUMBER:
818-587-3757
WWW ADDRESS:
WWW.LA-FOODS.COM
CONTACT NAME:
ROB ANDELSON
CONTACT TELEPHONE NUMBER:
818-587-3757
CONTACT EMAIL ADDRESS:
JESSICA@LAFOODS.COM
UNIQUE ENTITY IDENTIFIER (UEI)
N12JJJ4JEK67
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
2nd call
Units Per
Case
Cost
Per
Case
Number of
Cases per
Truckload
Unit Price
35 lb Boxes
200
$76.45
1596
$0.05
Manfuactuer: DYMA
**200/2oz. Packets
**1,596cs per truckload /
200 unit per case (prices
good thru June 1,
2026)**
PRICING SHEET: NIGP CODE 39368
Terms:
1% 10 DAYS NET 30 DAYS
Vendor Number
VC0000009560
Certificates of Insurance
Required
Contract Period:
To cover the period ending March 31, 2028.
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CHAIR, BOARD OF SUPERVISORS
LA FOODS
ROB ANDELSON - SALES DIRECTOR
JESSICA@LAFOODS.COM
5115 CLARETON DR. STE #200
AGOURA HILLS CA
91301
WWW.LA-FOODS.COM
954534498
818-587-3757
12/08/2025
01/28/2026
SERIAL 260039-C
ROBBINS SALES COMPANY INC, PO BOX 251, SYOSSET, NY 11791
COMPANY NAME:
Robbins Sales Company Inc
DOING BUSINESS AS (dba):
Robbins Sales Company Inc
MAILING ADDRESS:
P.O. Box 251 Syosset, NY 11791
REMIT TO ADDRESS:
P.O. Box 251 Syosset, NY 11791
TELEPHONE NUMBER:
516-364-7200
WWW ADDRESS:
Heeps://robbinssalesm
CONTACT NAME:
Mitch Cohen
CONTACT TELEPHONE NUMBER:
215-498-1407
CONTACT EMAIL ADDRESS:
Mitch@robbinssales.com
UNIQUE ENTITY IDENTIFIER (UEI):
D4QLZ68KSM16
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
2nd call
Units
Per
Case
Cost Per Case
Number of Cases
per Truckload
Unit Price
Bidder Notes
3 oz Package
150/3oz
$59.62
1,380 Cases Per
TL(23 Pallets
Straight)
$59.62 n/a
PRICING SHEET: NIGP CODE 39368
Terms:
NET 30 DAYS
Vendor Number
VS0000011415
Certificates of Insurance
Required
Contract Period:
To cover the period ending March 31, 2028.
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CHAIR, BOARD OF SUPERVISORS
Robbins Sales Company Inc
Mitch Cohen, Director of Bid Sales
Mitch@robbinssales.com
P.O. Box 251
Syosset NY
11791
https://robbinssales.com/
13-5560409
215-498-1407
12/9/25
01/28/2026
SERIAL 260039-C
SUNCO FOODS INC DBA: SUNCO FOODS, 9208 N FRASER CRESCENT, BURNABY, BC V5J 0E3
COMPANY NAME:
Sunco Foods
DOING BUSINESS AS (dba):
Sunco Foods
MAILING ADDRESS:
9208 N. Fraser Crescent, Burnaby, BC V5J0E3
Canada
REMIT TO ADDRESS:
9208 N. Fraser Crescent, Burnaby, BC V5J0E3
Canada
TELEPHONE NUMBER:
604 451-9208
WWW ADDRESS:
https://www.Suncofoods.com
CONTACT NAME:
Chris Baldner
CONTACT TELEPHONE NUMBER:
678 371-4032
CONTACT EMAIL ADDRESS:
Chris.baldner@suncofoods.com
UNIQUE ENTITY IDENTIFIER (UEI)
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
1st call
Units
Per
Case
Cost Per Case
Number of Cases
per Truckload
Unit Price
Bidder Notes
35 lb Square Pails
$34.70
1,152 Pails per
Truckload - 48
pails per pallet x
24 pallets per truck
$34.70
Round Pail,
Manufactuer:
Sunco
PRICING SHEET: NIGP CODE 39368
Terms:
NET 2% 10 DAYS NET 30 DAYS
Vendor Number
VS0000011414
Certificates of Insurance
Required
Contract Period:
To cover the period ending March 31, 2028.
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Sunco Foods
Chris Baldner, VP of Sales
chris.baldner@suncofoods.com
9208 N Fraser Crescent
Burnaby BC
V5J0E3
https://www.suncofoods.com
839 989 662
678 371 4032
11/24/25
Chris Baldner
Digitally signed by Chris Baldner
Date: 2025.11.24 11:18:41 -05'00'
Chris Baldner
Digitally signed by Chris Baldner
Date: 2025.11.24 11:19:12 -05'00'
01/28/2026
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CHAIR, BOARD OF SUPERVISORS
SERIAL 260039-C
PEANUT BUTTER
1.0
INTENT
1.1
The intent of this solicitation is to provide the Maricopa County Sheriff’s Office (MCSO)
Food Factory with peanut butter for its inmate population. Estimated annual consumption
is 500,000 – 550,000 pounds.
1.2
Other governmental entities under agreement with Maricopa County (County) may have
access to services provided hereunder (see also Sections 3.19 and 3.20 below).
1.3
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.
1.4
The County reserves the right to award this contract to multiple vendors. The County
reserves the right to award in whole or in part, by item or group of items, by section or
geographic area, or make multiple awards, where such action serves the County’s best
interest.
2.0
SPECIFICATIONS
2.1
Ingredients:
2.1.1
Roasted peanuts
2.1.2
Peanut oil or fully hydrogenated vegetable oils to prevent separation
2.1.3
Salt (optional)
2.1.4
Sugar (optional)
2.2
MUST BE SOY FREE and Kosher Certified.
2.3
SENSORY CHARACTERISTICS
2.3.1
Appearance shall be uniformly ground peanut butter.
2.3.2
Color shall be uniform golden brown.
2.3.3
Odor and flavor shall be typical fresh roasted peanut aroma and flavor.
2.3.4
Consistency shall be smooth.
2.4
PHYSICAL-CHEMICAL SPECIFICATIONS
Minimum
Maximum
Moisture (%)
2.0
-
Salt (%)
1.06
1.36
Aflatoxin (ppb)
<15
-
Fat (%)
45
60
2.5
PRODUCT
2.5.1
Shall be free from bitter, musty, sour, rancid, spoiled sprouts or other objectionable
tastes and odors or over roasted.
2.5.2
Shall be free from mildew stains, filth, or other extraneous material.
SERIAL 260039-C
2.5.3
Shall meet United States Standards for United States (U.S.) Grade A or “U.S.
Fancy”, or U.S. Grade B or “U.S. Choice” peanut butter.
2.5.4
Microbiological Specifications
2.5.4.1
Reference Section 2.7 for Quality Assurance.
Maximum (g)
Aerobic Plate Count
10,000 CFU/g
Coliform
<10 CFU/g
E. Coli
Negative (<3 CFU/g)
Sulfite-reducing Clostridia
Not Applicable at Present
Salmonella
Negative
Lactobacillus
Not Applicable at Present
Yeast/ Mold
<100 CFU/g
Staphylococcus
Not Applicable at Present
Bacillus Cereus
Not Applicable at Present
Pseudomonas
Not Applicable at Present
2.6
SHIPPING CONDITIONS
2.6.1
Food grade transportation at room temperature (30 - 100 degrees Fahrenheit),
protected from any non-food contamination.
2.6.2
Contractor shall provide the following information for the product your firm is
quoting:
2.6.2.1
Confirm the weight of the unit package being offered is three-ounce.
2.6.2.1.1
The units per case
2.6.2.1.2
Cost per case
2.6.2.1.3
Number of cases per truckload
2.6.2.2
Confirm the weight of the unit package being offered is 35-pound
pails/boxes.
2.6.2.2.1
Cost per case
2.6.2.2.2
Number of cases per truckload
2.7
PACKING AND STORAGE
2.7.1
Packing
2.7.1.1
Thirty-five pounds square pails preferred, round if necessary.
2.7.1.2
Thirty-five-pound boxes will also be accepted.
2.7.1.3
Three-ounce package; REQUIRED (package may not contain metal or
hard plastic).
2.7.2
Lot Identification Requirement:
2.7.2.1
Product identity
2.7.2.2
Net contents
8
SERIAL 260039-C
2.7.2.3
Production date
2.7.2.4
Lot number
2.7.2.5
Three-ounce packages shall not have production date or best by date.
2.7.3
Storage Conditions
2.7.3.1
Temperature: 15 degrees Celsius - 25 degrees Celsius (59 degrees
Fahrenheit – 77 degrees Fahrenheit).
2.7.3.2
Humidity control is required
2.7.3.3
Store in dry indoor warehouse, avoid any possible non-food
contamination.
2.7.4
No metal handles or metal banding
2.7.5
Shelf Life (at storage temperature indicated): 12 months from production date.
2.7.6
Loaded pallets should be stacked no higher than 45 inches and have no more than
60 cases of three-ounce peanut butter, or 60 - 35 pounds pails of peanut butter
per pallet.
2.8
QUALITY ASSURANCE
2.8.1
The contractor shall perform the product testing and quality analysis to ensure that
the product meets the commodity specifications. The results shall be evidenced by
a Certificate of Analysis (COA), to be included with packing slip at time of delivery.
2.8.2
All purchased products shall have a nutritional assay and/or a product fact sheet.
Vendor shall provide kosher certificate of authenticity at time of delivery.
3.0
PURCHASING REQUIREMENTS
3.1
DELIVERY
3.1.1
Delivery is desired as soon as possible, or within 30 days of receipt of the purchase
order. Contractor shall notify the County representative listed on the purchase
order if the requested delivery date and/or the anticipated lead time cannot be met.
Failure to communicate to County changes in the order status may result in default
proceedings.
3.1.2
All items shall be securely transported to prevent movement or damage. Pallets
must include pillow packing between units to prevent shifting during transit.
Additionally, a load bar or equivalent restraint device shall be properly installed to
secure the load throughout transportation.
3.1.3
Supplies or equipment shall be delivered between the hours of 6:00 a.m. and 2:00
p.m. Mountain Standard Time (MST), Monday through Thursday, except on
County recognized holidays.
3.1.4
Delivery shall be F.O.B. Destination Freight Prepaid.
SERIAL 260039-C
3.2
EXPEDITED DELIVERY
3.2.1
If the department determines that expedited delivery 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
department.
3.2.2
The department 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 department shall advise the contractor
to proceed.
3.2.3
Upon receipt of material(s) and invoicing, the department shall ensure that any
additional charges are in compliance with and do not exceed agreed to costs. The
department shall retain all documents related to these costs within the agency
purchase file.
3.3
SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
3.3.1
Contract serial number
3.3.2
Contractor’s name and address
3.3.3
Department name and address
3.3.4
Department purchase order number
3.3.5
Certificate of Analysis (COA)
3.3.6
A description of product(s) shipped, including item number(s), quantity(ies),
number of containers and package number(s), as applicable
3.4
SHIPPING TERMS
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s)
stipulated on the purchase order. All delivery locations are within Maricopa County.
3.5
SAMPLES
The contractor may be requested to furnish samples of material(s) bid to allow for
examination by the County. Any materials so requested shall be furnished within 10
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.
3.6
TESTING
Unless otherwise specified, materials purchased will be inspected by the department 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 to determine whether the materials conform in all respects to the
specifications. In cases where commercial laboratory reports determine that the materials
do not meet the specifications, the expense of such analysis shall be borne by the
contractor.
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3.7
ACCEPTANCE
3.7.1
All products found to be damaged shall be separated and documented via photos.
Vendor shall be contacted for appropriate reversal or credit of charges. Products
damaged during transport/shipping shall not be received and shipping documents
will be noted and signed by freight delivery and MCSO.
3.7.2
Upon delivery and successful installation, the material(s) shall be deemed
accepted and the warranty period shall begin. All documentation shall be
completed prior to final acceptance. Product to be shipped via pillow air packing and
plastic banded. On pallets to eliminate shifting of products during transport.
3.8
STOCK
The contractor shall be expected to stock sufficient quantities as may be necessary to meet
the County’s needs and deliver as stated in the Invitation for Bids.
3.9
DISCONTINUED MATERIALS
3.9.1
In the event that a manufacturer discontinues materials, the County may allow the
contractor to provide a substitute for the discontinued item or may cancel the
contract. If the contractor requests permission to substitute a new material, the
contractor shall provide the following to the County:
3.9.1.1
Documentation from the manufacturer that the material has been
discontinued.
3.9.1.2
Documentation that names the replacement material.
3.9.1.3
Documentation that provides clear and convincing evidence that the
replacement material meets or exceeds all specifications required by the
original solicitation.
3.9.1.4
Documentation that provides clear and convincing evidence that the
replacement material will be compatible with all the functions or uses of
the discontinued material.
3.9.1.5
Documentation confirming that the price for the replacement is the same
as or less than the discontinued material.
3.9.2
Material discontinuance applies only to those materials specifically listed on any
resultant contract. This will not apply to catalog items not specifically listed on any
resultant contract.
3.10
WARRANTY
3.10.1 All items furnished under this contract shall conform to the requirements of this
contract and shall be free from defects in design, materials, and workmanship.
3.10.2 The contractor acknowledges that delivered products may be stored for an
extended period prior to use. As such, certain damages or defects may not become
apparent until pallets are broken down and cases are opened, potentially months
after delivery. The County shall notify the contractor of any such damages or
defects promptly upon discovery.
3.10.3 The warranty period for workmanship and materials shall be for a minimum initial
period of 12 months and commence upon acceptance by County per Section 3.7
- Acceptance.
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3.10.3.1 The contractor shall indicate on the price sheet the duration of the
warranty and any applicable limitations or conditions which may apply.
3.10.3.2 The contractor agrees that it will, at its own expense, provide all labor
and parts required to remove, repair, or replace, and reinstall any such
defective workmanship and/or materials which becomes or is found to
be defective during the term of this warranty. The contractor shall
guarantee the equipment to be supplied complies with all applicable
regulations.
3.11
BRAND NAME
In some cases, brand names have been listed in order to define the desired quality and
are not intended to be restrictive or to limit competition. Materials substantially equivalent
to those designated shall qualify for consideration.
3.12
ORDER CUTOFF INFORMATION
3.12.1 Contractors submitting bids shall advise the County of all known order cutoff
dates/times for the equipment/product(s) specified in this solicitation at the time of
bid submission. Notification of any subsequent cutoff date(s)/time(s) (learned after
submission of bid) shall also be the contractor’s responsibility. The contractor shall
advise the County of subsequent cutoff date(s)/time(s) by notifying the
procurement officer, in writing, of the new information.
3.12.2 If the item(s) become no longer available, contractor shall notify County of the last
available ordering date for the item(s) and may provide County with alternative
item(s) that the County may elect to purchase at its option. If the alternative item(s)
do not meet the County’s requirements, County may take action including
termination of this contract for convenience per Section 4.16 – Termination for
Convenience.
3.13
ORDER LEAD-TIME NOTIFICATION
Contractors submitting bids shall advise the County of lead-time(s) for the required items
specified in this solicitation at the time of bid submission. Notification of any changes to
lead time (learned after submission of bid) shall also be the contractor’s responsibility. The
contractor shall also notify all County representatives included on purchase orders of lead-
time information.
3.14
USAGE REPORT
The contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
3.15
BACKGROUND CHECK
Bidders/proposers may be required to pass multiple background checks (e.g. Sheriff’s
Office, County Attorney's Office, Courts, as well as Maricopa County general government)
to determine if the respondent is acceptable to do business with the County. This applies
to, but is not limited to, the company, subcontractors, and employees.
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3.16
INVOICES AND PAYMENTS
3.16.1 The contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a minimum,
the invoice must provide the following information:
•
Company name, address, and contact information
•
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
•
Contract item number(s)
•
Arrival and completion time
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Freight (if applicable)
•
Total amount due
3.16.2 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
3.16.3 All invoices should be mailed to:
MCSO Finance/Accounts Payable
550 W. Jackson St., 4th Floor
Phoenix, AZ 85003
3.16.4 Payment will only 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 website (https://www.maricopa.gov/5169/Vendor-Information).
3.16.5 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.16.6 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers. The
contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.17
APPLICABLE TAXES
3.17.1 It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
3.17.2 The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
SERIAL 260039-C
of a project due to tax consideration that was not due, the contractor shall be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
3.17.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state,
and local taxes applicable to their operation and any persons employed by the
contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or state and local laws and
regulations, and any other costs including transaction privilege taxes,
unemployment compensation insurance, Social Security, and Workers’
Compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to municipality or the State of Arizona
for any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
3.18
POST AWARD MEETING
The contractor may be required to attend a post-award meeting with the department to discuss
the terms and conditions of this contract. This meeting will be coordinated by the procurement
officer of the contract.
3.19
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If contractor does not
want to grant such access to a member of SAVE, state so in the bid. In the absence of a
statement to the contrary, the County will assume that contractor does wish to grant access
to any contract that may result from this bid. The County assumes no responsibility for any
purchases by using entities.
3.20
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements
allow those entities, with the approval of the contractor, to purchase their requirements
under the terms and conditions of the County contract. It is the responsibility of the non-
County government entity to perform its own due diligence on the acceptability of the
contract under its applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this contract if it meets
their individual requirements. Other governmental agencies may enter into a separate
Statement of Work with the contractor to meet their own requirements. The County is not
a party to any uses of this contract by other governmental entities.
3.21
VOLUNTARY EMPLOYEE DISCOUNTS
3.21.1 Contractors may voluntarily offer discounts to County employees for products or
services provided under this contract. Whether a contractor offers or does not offer
an employee discount is not a factor considered in the evaluation of responses to
this solicitation.
3.21.2 Any discount offered is part of a commercial transaction between the contractor
and individual County employees and the County is not a party to the transaction.
Any disputes or issues arising from an individual commercial transaction between
the contractor and an individual County employee is a matter between the
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contractor and the employee. If a discount is offered, the terms will be announced
to County employees.
4.0
CONTRACTUAL TERMS & CONDITIONS
4.1
CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed price purchasing contract to cover a
term two years.
4.2
OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor, renew the term
of this contract up to a maximum of three additional year(s), (or at the County’s sole
discretion, extend the contract on a month-to-month basis for a maximum of six 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 60 calendar days
prior to the expiration of the original contract term.
4.3
CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the contractor
that are required to be provided to the County either by the terms of this agreement or as
a matter of law. The provisions of this clause shall survive the expiration or termination of
this agreement.
4.4
PRICE ADJUSTMENTS
4.4.1
Any requests for reasonable price adjustments must be submitted 60 calendar
days prior to the contract expiration. Requests for adjustment in cost of labor
and/or materials must be supported by appropriate documentation. The
reasonableness of the request will be determined by comparing the request with
the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the change and
provide an updated version of the contract. The new change shall not be in effect
until the date stipulated on the updated version of the contract.
4.4.2
In the event any price increase is requested as the result of any tariff that becomes
effective during the performance of this contract, the County may adjust the price
based on a request from the contractor that documents the additional price
increase. If, during the performance of this contract, any tariff-related price
increase is subsequently reduced or eliminated, the vendor shall notify the County
of the decrease and shall apply it accordingly for remaining term of the contract. If
the County finds over payment of a project due to tariff reduction that was not due,
the contractor will be liable to the County for that amount, and by contracting with
the County agrees to remit any overpayments back to the County for
miscalculations on increases due to tariffs included in a bid price.
4.5
INDEMNIFICATION
To the fullest extent permitted by law, and to the extent that claims, damages, losses, or
expenses are not covered and paid by insurance purchased by the contractor, the
contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents,
representatives, officers, directors, officials, and employees from and against all claims,
damages, losses, and expenses (including, but not limited to attorneys' fees, court costs,
SERIAL 260039-C
expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising
out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes
of the contractor, a subcontractor, anyone directly or indirectly employed by them, or
anyone for whose acts they may be liable relating to the performance of this contract.
4.5.1
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
4.5.2
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 section.
4.5.3
The scope of this indemnification does not extend to the sole negligence of County.
4.6
INSURANCE
4.6.1
Contractor, at contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
4.6.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
4.6.3
In the event that the insurance required is written on a claims-made basis,
contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4
Contractor’s insurance will be primary insurance as respects County, and any
insurance or self-insurance maintained by County will not contribute to it.
4.6.5
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
4.6.6
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductibles 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.
SERIAL 260039-C
4.6.7
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.
4.6.8
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.
4.6.9
If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
4.6.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance with a limit of not less
than $2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any
provisions which would serve to limit third-party action over claims.
There shall be no endorsement or modifications of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or
underground property damage.
4.6.9.2
Automobile Liability
Commercial/Business Automobile Liability 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 or use or maintenance
of the premises under this contract.
4.6.9.3
Workers’ Compensation
4.6.9.3.1
Workers’ Compensation insurance to cover obligations
imposed by Federal and state statutes having jurisdiction of
contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
4.6.9.3.2
Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract 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, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
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4.6.10 Certificates of Insurance
4.6.10.1 Prior to contract award, contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required
by the contract in the form provided by the County, issued by
contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions, and limits required by this contract are in full force
and effect. Such certificates shall identify this contract number and title.
4.6.10.2 In the event any insurance policy(ies) required by this contract is (are)
written on a claims-made basis, coverage shall extend for two years past
completion and acceptance of contractor’s work or services and as
evidenced by annual Certificates of Insurance.
4.6.10.3 If a policy does expire during the life of the contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
4.6.10.4 Certificates of Insurance shall identify Maricopa County as the certificate
holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
4.6.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance requirements of
this contract, contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30
calendar days prior written notice to Maricopa County. Contractor must provide
notice to Maricopa County, within two business days of receipt, if they receive
notice of a policy that has been or will be suspended, canceled, materially changed
for any reason, has expired, or will be expiring. Such notice shall be sent directly
to Maricopa County Office of Procurement Services and shall be mailed or hand
delivered to 301 W. Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to the
procurement officer noted in the solicitation.
4.7
FORCE MAJEURE
4.7.1
Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to,
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service and pandemic.
4.7.2
Each party as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
4.7.3
The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
SERIAL 260039-C
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
4.8
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
4.9
AVAILABILITY OF FUNDS
4.9.1
The provisions of this contract relating to payment shall become effective when
funds assigned for the purpose of compensating the contractor as herein provided
are actually available to County for disbursement. The County shall be the sole
judge and authority in determining the availability of funds under this contract.
County will keep the contractor fully informed as to the availability of funds.
4.9.2
If any action is taken by any state agency, Federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under,
or in connection with, this contract, County may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this contract. In the event of
termination, County will be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in
accordance with the provisions of this contract. County will give written notice of
the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
4.10
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
4.11
INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
4.12
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization, and documentation have been approved.
4.13
PURCHASE ORDERS
4.13.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
4.13.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
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4.14
SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
4.15
STOP WORK ORDER
4.15.1 The procurement officer may, at any time, by written order to the contractor, require
the contractor to stop all, or any part, of the work called for by this contract for a
period of 90 calendar days after the order is delivered to the contractor, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
4.15.1.1 cancel the stop work order; or
4.15.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
4.15.2 The procurement officer may make an equitable adjustment in the delivery
schedule and/or contract price, and the contract shall be modified, in writing,
accordingly, if the contractor demonstrates that the stop work order resulted in an
increase in costs to the contractor.
4.16
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.17
TERMINATION FOR DEFAULT
4.17.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.17.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.17.1.2 make progress, so as to endanger performance of this contract; or
4.17.1.3 perform any of the other provisions of this contract.
4.17.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
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4.18
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (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.
4.19
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the contractor any amounts contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
4.20
CONTRACTOR LICENSE REQUIREMENT
4.20.1 Contractor shall procure all permits, insurance, and licenses and pay the charges
and fees necessary and incidental to the lawful conduct of his/her business, and,
as necessary, complete any requirements, by any and all governmental or non-
governmental entities as mandated to maintain compliance with and remain in
good standing. The contractor shall keep fully informed of existing and future trade
or industry requirements, and 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 department of any and all changes concerning permits,
insurance, or licenses.
4.20.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.21
SUBCONTRACTING
4.21.1 The contractor may not assign to another contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
4.21.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s
rate, as bid in the Pricing Sheet, 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.
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4.22
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
4.23
ADDITIONS/DELETIONS OF COMMODITIES
The County reserves the right to add and/or delete materials to a contract. If additional
materials are required from a contract, prices for such additions will be negotiated between
the contractor and the County.
4.24
RIGHTS IN DATA
4.24.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
4.24.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
4.25
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.25.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or state auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
4.25.2 If the contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
4.26
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 will notify the contractor in writing of the disallowance. The
course of action to address the disallowance shall be at sole discretion of the County, and
may include either an adjustment to future invoices, request for credit, request for a check,
or a deduction from current invoices submitted by the contractor equal to 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.
4.27
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
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4.28
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
4.29
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
4.30
RELATIONSHIPS
4.30.1 In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the contractor.
4.30.2 The County reserves the right of final approval on proposed staff. 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 a different time period was previously
approved by the County.
4.31
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf).
4.32
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
4.33
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.33.1 The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current officers,
and directors:
4.33.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
4.33.1.2 have not within a three-year period preceding this contract:
4.33.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
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result of performing a government entity (Federal, state, or
local) transaction or contract; or
4.33.1.2.2 been convicted of violation of any Federal or state antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
4.33.1.3 are not presently indicted or criminally charged by a government entity
(Federal, state, or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, state, or local)
transaction or contract;
4.33.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
4.33.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, state, or local) terminated for cause or
default.
4.33.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
4.33.3 The contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the contractor
shall include the information required by this clause with their bid.
4.34
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.34.1 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 www.uscis.gov.
4.34.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.34.1 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
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for default, and suspension and/or debarment of the contractor. All costs necessary
to verify compliance are the responsibility of the contractor.
4.35
INFLUENCE
4.35.1 As prescribed in MC1-1203 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.
4.35.2 An attempt to influence includes, but is not limited to:
4.35.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy 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.
4.35.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
4.35.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
4.36
CONFIDENTIALITY
In the course of the solicitation process, the County may disclose information that is
proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that,
except as necessary to prepare a response to this solicitation, neither it nor its agents or
employees will communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of these discussions
without the express written authorization of the County. If the offeror does disclose County
proprietary or confidential information to a third party in preparing a response to this
solicitation, it shall require the third party to acknowledge and comply with this provision.
4.37
CONFIDENTIAL INFORMATION
4.37.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor’s obligation regarding such information.
4.37.2 The contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the contractor shall institute any new and/or
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additional measures requested by the County within 15 business days of the
written request to do so.
4.37.3 Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
4.38
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary 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 from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
4.39
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
4.40
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
4.41
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
4.42
FORCED LABOR
4.42.1 By submitting a bid for this solicitation and/or entering into a contract as a result of
this solicitation, contractor agrees to comply with all applicable portions of Arizona
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
4.42.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
4.42.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
4.42.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
4.42.2.3 Any contractors, subcontractors or suppliers that use the forced labor or
any good or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
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4.42.3 If contractor becomes aware during the term of the agreement that contractor is
not in compliance with this paragraph, the contractor shall notify the County within
five business days after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its noncompliance,
then the agreement terminates, except that if the agreement termination date
occurs before the end the 180-day period, the agreement terminates on the
agreement termination date.
4.43
UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT
REGISTRATION
All contractors must have a UEI number through https://sam.gov/content/entity-
registration. Contractor must also maintain current information and active registration with
the System for Award Management (www.sam.gov) throughout the term of the contract.
4.44
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
4.45
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
contractor under the agreement shall be used in the performance of this agreement for any
partisan political activity, or to further the election or defeat of any candidate for public
office.
4.46
EQUAL EMPLOYMENT OPPORTUNITY
4.46.1 The contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin.
The contractor shall take affirmative action to ensure applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, or national origin. Such action shall include but is not
limited to the following: employment, upgrading, demotion or transfer, recruitment,
or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
4.46.2 Contractor shall comply with the following provisions:
4.46.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
4.46.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
4.46.2.3 The Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);
4.46.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and Arizona Executive Order 2009-09, as amended, et seq. which
mandates that all persons shall have equal access to employment
opportunities.
4.46.2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
4.47
CERTIFICATION REGARDING LOBBYING
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4.47.1 Contractor certifies, to the best of their knowledge and belief, that:
4.47.1.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of the contractor, to any person for influencing or attempting to
influence an officer or employee of any agency. This applies to a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant. Including the
making of any federal, loan the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
agreement.
4.47.2 If any funds other than federal appropriated funds, have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
4.47.3 Contractor shall include Lobbying Certification language in the award documents
for all subcontractors (including sub-grants, and contract under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
4.47.3.1 The Lobbying Certification is a material representation of fact upon
which reliance was placed when this transaction is made or entered into.
Submission of this certification is prerequisite for making or entering into
this transaction imposed by section 1352, Title 31, U.S. Code. Any
successful proposer(s) who fail to file the required certification shall be
subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
4.48
CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33
U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations.
4.49
ENERGY POLICY AND CONSERVATION ACT
Contractor must adhere to the standards and policies relating to energy efficiency, which
are contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).
4.50
CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa County Procurement
Code, MCI-906.