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SERIAL 250103-S
PUBLICATION OF PUBLIC LEGAL NOTICES & ADVERTISING
DATE OF LAST REVISION: June 25, 2025
CONTRACT END DATE: June 30, 2027
CONTRACT PERIOD THROUGH JUNE 30, 2027
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for PUBLICATION OF PUBLIC LEGAL NOTICES & ADVERTISING
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 June 25, 2025
(Eff. 07/01/2025).
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.
JK/mm
Attach
Copy to:
Office of Procurement Services
Lisa Bernhardt, OPS
(Please remove Serial 240150-S from your contract notebooks)
SERIAL 250103-S
GANNETT MEDIA CORP DBA: GANNETT ARIZONA LOCALIQ, PO BOX 623099, CINCINNATI, OH
45263
COMPANY NAME:
Arizona Republic
DOING BUSINESS AS (dba):
Arizona Republic
MAILING ADDRESS:
200 E Van Buren St
REMIT TO ADDRESS:
PO Box 677595 Dallas, TX 75267-7595
TELEPHONE NUMBER:
8664318665
FAX NUMBER:
200 E Van Buren St
WWW ADDRESS:
www.azcentral.com
REPRESENTATIVE NAME:
Tara Hamm
REPRESENTATIVE TELEPHONE NUMBER:
866-431-8665
REPRESENTATIVE EMAIL ADDRESS
thamm@gannett.com
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
PRICING PAGE
Legal Advertising, Per Column Inch
Description
UOM
Quantity
Price
Vendor Comment
First Insertion
Each
1
$0.7
cost per inch per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Subsequent Insertions
Each
1
$0.7
cost per inch per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
SERIAL 250103-S
GANNETT MEDIA CORP DBA: GANNETT ARIZONA LOCALIQ
Additional Discounts from Base Bid For-Standard
Description
UOM
Part #
Quantity
Price
Vendor Comment
Camera-Ready Copy
Each
per line
1
$0.06
No additional discounts for camera ready
cost per line per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Computer Tape
Format
Each
per line
1
$0.06
No additional discounts
cost per line per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
E-Mail
Each
1
$0.06
cost per line per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Display Advertising Per Column Inch
Description
UOM
Part #
Quantity Price
Vendor Comment
First Insertion
Each
per
inch
1
$0.7
cost per inch per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Subsequent
Insertion(s)
Each
1
$0.7
cost per line per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
SERIAL 250103-S
GANNETT MEDIA CORP DBA: GANNETT ARIZONA LOCALIQ
Print Sizes
Description
UOM
Quantity
Price
Vendor Comment
Advertising Column Width
Each
1 $0.06 column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Number of Characters per Printed
Line
Each
1 $0.06 cost per line per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Total Number of Characters per
column Inch
Each
1
$0.7 cost per line per day column widths are:
1.53- 1 column
3.22 - 2 column
4.91- 3 column
6.61 - 4 column
8.31- 5 columns
10- 6 columns
Discount for Non-Legal Advertising in News Section
Description
UOM
Quote
type
Quantity
Price
Vendor Comment
Discount for Non-
Legal Advertising in
News Section
Each
Bid
1
$0.00 no discount for Non-Legal advertising
Total Cost to Publish Excerpts Based on First Insertion Cost
Description
UOM
Quantity
Price
Vendor Comment
Exhibit 4 - Notice of Auction of Surplus
Land Weekly Publication
One (1) Insertion
Each
1
$14.1
Exhibit 5 - Treasurer's Delinquent Tax List
Weekly Publication
One (1) Insertion
Each
1 $45.82 Price per page is $45.82
Exhibit 6 - Truth in Taxation Hearing-
Notice of Tax Increase Weekly Publication
One (1) Insertion
Each
1
$180 Per the request a few years
ago the Truth in Taxation is
noted to publish in the Arizona
Republic to reach a broader
audience. Price per ad is $180.
$360 total for 2 insertions
Exhibit 7 - Notice of Call for Bid Weekly
Publication
Two (2) Insertions
Each
1 $10.92 Price is for 2 insertions
Exhibit 8 - Public Notice Weekly
Publication
Two (2) Insertions
Each
1
$8.16 Price is for 2 insertions
SERIAL 250103-S
GANNETT MEDIA CORP DBA: GANNETT ARIZONA LOCALIQ
Newspaper Subscription Rate for County Departments
Description
UOM
Quantity
Price
Vendor
Comment
Subscription Rate for All Others
Five (5) Complimentary Subscriptions, to be
designated by the Office of Procurement
Services, plus, in addition, subscriptions to any
County department submitting advertising.
Complimentary Subscriptions to be provided at
no additional charge.
Each
1
$0.00 5 complimentary
subs will be
included
SERIAL 250103-S
PRICING SHEET: NIGP CODE 91571
Terms:
NET 30
Vendor Number:
VC0000015712
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2025.
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Gannett Media Corp dba Arizona Business Gazette & Arizona Republic
Tara Hamm, Director
thamm@gannett.com
PO Box 23430
Green Bay WI
54305
www.azcentral.com
47-2390983
866-431-8665
5/12/2025
Tara Hamm
Digitally signed by Tara Hamm
Date: 2025.05.12 13:05:43 -05'00'
SERIAL 250103-S
PUBLICATION OF PUBLIC LEGAL NOTICES AND ADVERTISING
1.0
INTENT
1.1
Maricopa County (County) is requesting bids from qualified newspapers in order to award a
single annual contract for advertising and printing of legal notice or publication, in accordance
with Arizona Revised Statutes (A.R.S.) § 11-255.
1.2
Other governmental entities under agreement with the County may have access to services
provided hereunder (see also Sections 3.10 and 3.11 below).
2.0
SPECIFICATIONS
2.1
DEFINITIONS
2.1.1
The term “newspaper” shall mean a publication regularly issued for dissemination
of news of a general and public character at stated short intervals of time. Such
publication shall be from a known office of publication and shall bear dates of issue
and be numbered consecutively. It shall not be designed primarily for advertising,
free circulation or circulation at nominal rates, but shall have a bona fide list of
paying subscribers. The publication shall be printed and published in Maricopa
County, Arizona, for at least one year, and has been admitted to the United States
Mail as second-class matter, as set forth and meeting the requirements of A.R.S.
Sections §§ 11-255, 39-201, 39-202, 39-203, 39-204, 39-205, 39-221 and 42-
18109.
2.1.2
The term “printing” shall mean reproducing in newspaper-form and style, any legal
publication or advertisement requiring public notice.
2.1.3
The term “publishing” shall mean the production and distribution by a newspaper
containing public legal notices and/or advertising requiring notice to the general
public by the County Board of Supervisors (BOS) or other County departments
within the County. It shall also mean the production and posting of the
aforementioned legal notices and/or advertising on a website that posts the legal
notices of 10 or more Arizona newspapers.
2.2
TECHNICAL REQUIREMENTS
2.2.1
Contractor shall ensure that:
2.2.1.1
The size of type shall be not less than five or more than six-point type,
set solid (no leading), whether letterpress, offset, computer tape, or disc
format is used. The variance in type size shall not be greater than five
percent over or under the specified size range. Continuous wrap for text
must be applied in all publication and advertising matter unless
otherwise specified.
2.2.1.2
Truth in Taxation and Budget Notices must be printed in a location other
than the classified or legal advertising section of the newspaper, in
accordance with A.R.S. 42-17107. Online media will not satisfy as a
substitute location or alternative for meeting County requirements. The
County must be notified of the specific publication location prior to
publication date.
2.2.1.3
A physical, hard copy of a publication shall be provided to the County
upon request to maintain records.
2.2.2
Legal notices including those issued by the Clerk of the Board, an elected or
appointed department or a Special District, including delinquent tax rolls, the
SERIAL 250103-S
tentative annual budget, and other legal publication and advertising will be
furnished to contractor in electronic copy.
2.3
FUNCTIONAL REQUIREMENTS
2.3.1
Contractor shall:
2.3.1.1
Provide printing and/or publishing services for all public legal notices
and advertising requiring publication, such as election proclamations,
legal notices regarding statutory matters of the BOS and other County
departments, resolutions, summons, notices of sale, delinquent tax lists,
special notices, call for bids, including call for bids for construction and
equipment, and the publishing of all matters as required to be published
by the BOS under the laws of the State of Arizona provided to contractor
for such printing and/or publishing.
2.3.1.2
Maintain, throughout the term of the contract, a valid affidavit of the
publisher that the newspaper complies with the provisions of A.R.S. §
39-201.
2.3.1.3
Accept advertising and legal notices electronically, by fax, or paper
copy.
2.3.1.4
Invoice departments individually for requested services within 30 days
of publication.
2.3.1.5
Designate an account coordinator to manage and resolve escalated
customer service inquiries and issues.
2.3.1.6
Confirm receipt of publication requests by fax or email within two hours
of the requests.
2.3.1.7
Provide a sample proof of requested publication items no later than two
days prior to publication. Sample proofs for Truth in Taxation notices
and all budget publication items shall be provided to the County no later
than five days after the requested publication materials are sent by the
County.
2.3.1.8
Republish incomplete or incorrect notices resulting from contractor error,
in their entirety, in the next publication at no charge to the County. Proof
copies shall be provided to the County upon request.
2.3.1.9
Furnish an affidavit of publication, to the using County department,
without additional cost, within 10 days of publication, for each legal
notice and/or advertisement published. For the delinquent tax list and
notice of the tax lien sale, prior to publication, the contractor shall furnish
an estimate of cost and a draft of the first page, a sample of subsequent
pages, and the final page of the advertisement to the County Treasurer
for approval. The contractor shall also furnish the County an affidavit of
publication, and record the affidavit, pursuant to A.R.S. § 42-18110(B).
2.3.1.10 Be responsible for the cost of any advertising text published late or after
the requested publication deadline when the request for publication was
transmitted to the contractor within the specified deadline.
SERIAL 250103-S
2.4
BID REQUIREMENTS
2.4.1
With the bid, each respondent shall file an affidavit showing that the newspaper
has:
2.4.1.1
been established and published within Maricopa County, Arizona for at
least one year prior to filing.
2.4.1.2
been admitted to the United States mail as second-class matter for at
least one year.
2.4.2
Respondents shall state, in the bid, the day(s) of the week of publication, press
time deadline, and the number of hours prior to press time a copy will be accepted
with and without notice.
2.4.3
Respondent shall provide submittal instructions with the bid.
2.4.4
Bids submitted shall be priced on a per-column-inch basis unless otherwise
specified.
2.4.5
A separate price per-column-inch shall be bid for advertisements which are to be
printed and published display advertising style, in larger than 10-point type.
2.4.6
Bid pricing shall be given for the price for the first insertion of each advertisement,
and a separate price for each subsequent publication of the same advertisement,
when there is a requirement for multiple publications in subsequent issues of the
newspaper.
2.4.7
Excerpts of typical legal information to be published are attached as Exhibit 4 –
Sample Notice of Auction of Surplus Land through Exhibit 8 – Sample of Public
Notice. For comparison of bids, respondents shall state the cost of the attached
excerpts based on the charge per column inch submitted.
2.4.8
Each respondent shall reproduce these in paragraph/column form showing the
type and style that will be used in printing and publishing if the respondent is
awarded this contract. These reproductions shall be included with respondent’s
bid.
3.0
PURCHASING REQUIREMENTS
3.1
SAMPLES
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. Samples become the property of the County
upon receipt.
3.2
ACCEPTANCE
Upon completion, services shall be deemed accepted, and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is installed (as
necessary) and fully operational; and b) the department has deemed all service/work
completed, including but not limited to any inspection, repair, installation, design,
development, deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
SERIAL 250103-S
3.3
WARRANTY
3.3.1
All services furnished under this contract shall conform to the requirements of this
contract.
3.3.2
Service and/or Repair Warranty
3.3.2.1
The warranty shall cover all parts and labor for a period of one year from
formal acceptance by the County. Any manufacturer warranty beyond
one year shall be passed on to the County.
3.3.2.2
Contractor shall indicate on the price sheet the duration of the warranty
and any applicable limitations or conditions which may apply.
3.3.2.3
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. Contractor shall guarantee
the services to be supplied comply with all applicable regulations.
3.4
USAGE REPORT
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.
3.5
BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass multiple background
checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as 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.
3.6
INVOICES AND PAYMENTS
3.6.1
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 (e.g., number of days or weeks)
•
Contract item number(s)
•
Arrival time and completion time (if applicable)
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price (by line item)
•
Total amount due
3.6.2
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
SERIAL 250103-S
3.6.3
Payment shall 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 accessible through the County Department of Finance
Vendor
Registration
website
at
https://www.maricopa.gov/5169/Vendor-
Information).
3.6.4
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.6.5
EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers.
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.7
APPLICABLE TAXES
3.7.1
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.
3.7.2
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 over payment
of a project due to tax consideration 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 taxes included in a
bid price.
3.7.3
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 the 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 a 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).
3.8
PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance requirements.
The County reserves the right to obtain services on the open market in the event the
contractor fails to perform, and any price differential will be charged against the contractor.
3.9
POST AWARD MEETING
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.
SERIAL 250103-S
3.10
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.
3.11
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.
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 of one 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 3 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). 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
SERIAL 250103-S
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.
4.5
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,
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.
SERIAL 250103-S
4.6.6
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.
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 $1,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $2,000,000 General Aggregate Limit. The
policy shall include coverage for 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
Workers’ Compensation
4.6.9.2.1
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.
4.6.9.2.2
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.
SERIAL 250103-S
4.6.9.3
Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will insure
and provide coverage for errors or omissions or professional liability of
the contractor, with limits of no less than $500,000 for each claim.
4.6.9.4
Certificates of Insurance
4.6.9.4.1
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.
4.6.9.4.2
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.
4.6.9.4.3
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.
4.6.9.4.4
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
4.6.9.5
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
SERIAL 250103-S
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
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 will 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 Mastercard) 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.
SERIAL 250103-S
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.
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:
4.15.2 cancel the stop work order; or
4.15.3 terminate the work covered by the order as provided in the Termination for Default
or the Termination for Convenience clause of this contract.
4.15.4 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.
SERIAL 250103-S
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.
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
SUBCONTRACTING
4.20.1 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.
4.20.2 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.
4.21
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.
SERIAL 250103-S
4.22
ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract. If additional
services are required from a contract, prices for such additions will be negotiated between
the contractor and the County.
4.23
RIGHTS IN DATA
4.23.1 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.
4.23.2 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.
4.24
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.24.1 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 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.
4.24.2 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.
4.25
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.
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.
4.26
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.
4.27
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.
SERIAL 250103-S
4.28
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.
4.29
RELATIONSHIPS
4.29.1 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.
4.29.2 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.
4.30
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)
4.31
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.
4.32
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1 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:
4.32.1.1 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;
4.32.1.2 have not within a three-year period preceding this contract:
4.32.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, state, or
local) transaction or contract;
4.32.1.2.2 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
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statements, or receiving stolen property regarding a
government entity transaction or contract;
4.32.1.3 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;
4.32.1.4 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
4.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, state, or local) terminated for cause or
default.
4.32.2 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.
4.32.3 Contractor shall 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. If this clause is applicable to a
subcontractor, the contractor shall include the information required by this clause
with their bid.
4.33
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.33.1 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). 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. 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.
4.33.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.32.1 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.
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4.34
CONTRACTOR LICENSE REQUIREMENT
4.34.1 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. 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 the Office of Procurement
Services and the department of any and all changes concerning permits,
insurance, or licenses.
4.34.2 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.
4.35
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
SERIAL 250103-S
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 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. 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 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 records manager 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.
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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 (A.R.S.) 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.
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
that
receive
funding
must
have
a
UEI
number
through
https://sam.gov/content/entity-registration. Contractor must also remain 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.
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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
(29U.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
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. 1857(h), section 508 of the Clean Water Act
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(33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15).
4.49
ENERGY POLICY AND CONSERVATION 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.
4.50
CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa County Procurement
Code, MCI-906