Mohave Cooperative Purchasing Agreement - Part 2

Supporting Contract Documents
Firm Information, Order Processing, Individual Contact,
and Customer Support Information
(Place after Tab 4a)

6, Contacts for Mohave:
Main Mohave representative contact: Tim Nolan
(Shall be the main point of contact for members and be responsible for member information requests.)

Title Principal Email address tim@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Contract Administrator contact: Staci Burbridge
(Shall be the main point of contact for contract information requests.)

Title Office Manager Email address staci@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Accounting contact: Staci Burbridge
(Shall be the main point of contact for accounting issues.)

Title Office Manager Email address staci@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Open Order/Status Report contact: Staci Burbridge
(Shall be the main point of contact regarding open orders and status reports.)

Title Office Manager Email address staci@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Audit contact: Tim Nolan
(Shall be the main point of contact for audit requests and clarifications.)

Title Principal Email address tim@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Reconciliation contact: Staci Burbridge
(Shall be the main point of contact for reconciliation report requests and/or clarifications and payment

of administration fees.)
Title Office Manager. Email address staci@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Escalation contact: Tim Nolan

(Shall be the main point of contact when an Issue needs to be escalated above the main contact and/or
contract administrator for the IFB/contract. This contact shall be a different individual than
those named for the contacts listed above. )

Title Principal Email address tim@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

Marketing contact: Tim Nolan
(Shall be the main point of contact for providing marketing information for Mohave’s website.)

Title Principal Email address tim@arizonarec.com
Phone number (480) 788-3177 Fax (480) 636-7419

IFB 190-1121 34

Supporting Contract Documents
Firm Information, Order Processing, Individual Contact,
and Customer Support Information
(Place after Tab 4a)

Provide the requested customer support information for warranty and maintenance service
offered by your firm, as applicable.

Do you provide warranty and maintenance for the items in the bid?
{ZYes, the following is applicable to our bid. (If yes, please provide the information below.)
CINo, the following Is not applicable to our bid.

Describe the steps a member should take to activate a warranty and how they obtain warranty and
maintenance service,

Warranties are provided on all products and services offered through Arizona Recreation Design. Each
product manufacturer provides warranties specific to products they produce and raw materials used in the
fabrication factored against the intended use of specific products. Most of the site furniture companies
provide a similar warranty of ten (10) years for defects in material and workmanship. Play equipment
manufacturers provide multiple levels of warranty depending on the projected wear and tear of a specific
component. For example, a Plastic Slide and Vinyl-Coated Steel Decks have a fifteen (15) year warranty,
but moving parts only carry a one (1) year warranty. The support posts/steel clamps/stainless steel
hardware have limited warranties for as long as you own the product(s). Each manufacturer and/or product
is different so member should consult with Arizona Recreation Design customer service for specific
warranties. All installations provided by Arizona Recreation/JP & Sons Mohave IFB 190-1121 Joint Venture
and our subcontractors offer a minimum of (1) one year warranty against failures from defects in materials
and workmanship. Extended warranties may be available depending on specific parts or circumstances.
Members should always contact Arizona Recreation Design with any questions about warranties. We have
included a copy of each manufacturer's warranty in our bid binder (most are within the manufacturer's
catalog).

Provide the name and address of the facility that will provide warranty and maintenance service, under an
awarded contract. Additionally, provide a contact person and phone number for warranty and maintenance
service. If there is more than one facility, provide the names and addresses for all facilities. Attach a list
if necessary.

Arizona Recreation Design, Inc., located at 15825 S 46'" St., Ste. 126, Phoenix, AZ 85048, will coordinate
warranty and maintenance services on behalf of our manufacturers. Tim Nolan can be reached at (480)

788-3177 (tim@arizonarec.com)

Do you provide technical assistance via phone? f7Yes (CINo If yes, provide a phone number and
contact.

Tim Nolan, Arizona Recreation Design, Inc. (480) 788-3177
How many technicians are located at each warranty/service facility that would serve a Mohave contract?
Four (4) technicians

What is the value of parts inventory normally on hand at each warranty/service facility that would serve a
Mohave contract?

Arizona Recreation Design, Inc. does not keep parts in stock in Phoenix, AZ. However, our fifteen (15)
suppliers carry adequate inventory to provide warranty/service with fast turn around times.

What Is your service response time for metropolitan areas (e.g., Phoenix, Tucson) and rural areas?

JP & Sons Contracting, Inc. can respond to service calls within metropolitan areas within forty-eight (48)
hours and to rural areas within seventy-two (72) hours.

IFB 190-1121 35

Supporting Contract Documents

Sample Supplemental or End User Agreement(s)
(Place after Tab 4b)

Will members be required to sign supplemental or end-user agreements (sales, maintenance)?
(See 4.1 Contract vendor documents in the Special Terms and Conditions)

yes [No

If yes, review/revise your agreement(s) for terms that conflict with the Mohave terms and
conditions, In addition, review for the following common issues:
Acceptable agreements shall include:
o Non-appropriations clause;
o Contract or agreement must be governed by the laws of the State of Arizona;
o Net payment is thirty (30) days.
Agreements shall not include:
o Terms beyond one year;
o Waiver of right for a jury trial;
o Requirement of upfront payment by member when purchase order is placed;
o Entire agreement language;
o Auto-renewal language.

Attach your reviewed/revised agreement(s). Unacceptable agreement(s) may render your
bid nonresponsive.

IFB 190-1121 36

Supporting Contract Documents
Extended Warranty and Maintenance Service Plan Information
(Place after Tab 4c)

Do you offer extended warranty or maintenance service plans? (1Yes (No

If yes, provide a summary of the plans here and/or copies of the plans after this page. Include pricing for
extended warranty or maintenance service plans in your price schedule after Tab 3a. Place any
supplemental end-user agreement forms, which include terms and conditions and/or member signature
after Tab 4b.

IFB 190-1121 37

Special Terms and Conditions
(Place after Tab 1d)

Some Special Terms and Conditions specify placement of information in tabs other than Tab 1d as noted
in the title above. Pay close attention to placement information (identified in bold text) as indicated in
select Special Terms and Conditions.

1.

2.

3.

BIDDER QUALIFICATIONS

It is preferred that the bidder has extensive knowledge and at least three (3) years experience with
the provision, installation and maintenance of the product, material, process, or services offered.
Mohave reserves the right to accept or reject newly-formed companies based solely on information
provided in the bid and/or its own investigation of the company.

BID BONDS AND BONDING CAPACITY

2.1. Bid Bond: Bidder shall provide an original bid bond or alternate bid security in the amount of
$100,000. Place after Tab 1f. Note: Bid security as a percentage of the bid value (e.g. -
10% of contract award) is not acceptable.

2.2. Bonding Capacity: The required minimum single job bonding capacity for this contract shall be
$500,000. Bidder shall provide a letter from your bonding agency describing your current bonding
capacity, as follows:

e Your single job bonding capacity.
e Your aggregate bonding capacity.
e  Anagent of your licensed bonding agency shall sign the letter.

If the original letter {s not signed and/or has conflicting information, it shall render your bid
nonresponsive. Place letter from bonding agency after Tab If.

DELIVERY

3.1. Default in one installment to constitute total breach: Contract vendor shall deliver
conforming materials in each installment or lot under this contract and may not substitute
Nonconforming materials. Mohave reserves the right to declare a breach of contract if contract
vendor delivers nonconforming materials to any member under this contract.

3.2. Defective goods: Contract vendor agrees to arrange and pay for return shipment of goods that
arrive in a defective or non-operable condition.

3.3. Delivery time: Failure to deliver any order within the time frame specified on the purchase order
may result in cancellation of that purchase order.

3.4. Improper delivery: If the goods or tender of delivery fail in any respect to conform to this
contract, member may reject the whole, accept the whole, or accept any commercial unit or units
and reject the rest.

3.5. Restocking fees: A restocking fee may only be charged on products ordered and delivered to
member's site. Restocking fees in excess of fifteen percent (15%) shall not be allowed. Contract

vendor may waive restocking fees. Restocking and return shipping charges shall be identified in
the price workbook.

FORM OF CONTRACT
4.1. Contract vendor contract documents: If a firm submitting a bid requires member to sign an
additional agreement, a copy of the proposed agreement shall be included with the bid.

If awarded a contract, any additional contract vendor's documents shall not become part of

trohave's contract unless, and until, an authorized representative of Mohave reviews and approves
them.

Contract vendor agrees to provide Mohave a copy of any agreements that are revised during the
term of an awarded contract, prior to having the member sign the agreement.

IFB 190-1121 39

5.

6.

Special Terms and Conditions
(Place after Tab 1d)

4.2, Form of contract: The form of contract for this solicitation shall be the Invitation For Bid, the

awarded bid(s), and properly issued member purchase orders referencing the requirements of the
Invitation For Bid.

4.3. Parol evidence: The contract represents the final written expression of agreement. All
agreements are contained herein and no other agreements or representations that materially alter
it are acceptable.

INSTALLATION

Installation shall be scheduled directly with member and be done in a reasonable amount of time.
Installation shall be in accordance with the manufacturer's instructions and shall be accomplished by
skilled and properly licensed individuals.

INSURANCE

6.1. Certificate: Evidence of the required insurance shall be provided with your bid by means of a
current certificate of insurance with the coverage’s as stated within the requirements below.
Before any orders are processed under an awarded contract, contract vendor shall provide a
certificate that names Mohave Educational Services Cooperative, Inc. as the certificate holder.

Certificate (or certificates if using multiple carriers) shall include, at a minimum,
coverage for:

General Liability
Automobile liability
Umbrella or Excess Liability
Workers' Compensation

In addition, contract vendor must be willing to provide, upon request, identical certificate of
insurance to any member using this contract. Contract vendor must also be willing, upon request,
to add any member as an additional insured entity. Any costs for adding a member as an
additionally insured entity shall be clearly identified in submitted contract pricing. If no pricing is
Identified, adding a member as an additionally insured entity shall be provided at no additional
cost.

Provide evidence of current insurance coverage after Tab 2c.

6.2. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under
this contract.

6.3. Liability insurance: Prior to commencing services under this contract, contract vendor shall
procure and maintain during the life of this agreement, comprehensive general liability insurance,
to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000.

6.4, Scope of Insurance: Contract vendor's insurance shall provide adequate protection for contract
vendor against damage claims which may arise from operations under this contract, whether such
operations are by the insured or by anyone directly or indirectly employed by the insured. All
insurance must be written by companies incorporated within the United States (exclusive of Territories
or Possessions) and licensed or authorized to do business in Arizona.

6.5. Subcontractor insurance: Prior to commencing any work, any subcontractor shall procure and
maintain at its own expense until final acceptance of the work, insurance coverage in a form and
from insurers acceptable to the prime contractor. All subcontractors will provide workers’
compensation insurance, which waives all subrogation rights against the prime contractor,
member and Mohave,

6.6. Workers’ compensation insurance: Contract vendor shall also procure and maintain during
the life of this agreement, workers' compensation insurance for all of contract vendor's employees
engaged in work under the contract. All workers’ compensation insurance will be in compliance
with Arizona state statute and evidenced by a certificate of insurance.

IFB 190-1121 40

Special Terms and Conditions
(Place after Tab 1d)

7. MAINTENANCE FACILITIES AND SUPPORT

It ls preferred that each contract vendor should have maintenance facilities and a maintenance support
system available for servicing products throughout Arizona, or the regions specified in their bid.
Maintenance facilities shall have sufficient parts inventory to provide quality service on products sold
to members. Trained and qualified technicians shall be available to cover all parts of the state, or
specific regions within the state for regional bids. It is preferred that maintenance services are available
within 24 hours. If a third party is used to provide maintenance or warranty work, bidder shall include
details of any such arrangement in the bid.

8. MANUFACTURER SUPPORT

Bidders submitting bids as a manufacturer's representative must be able, if requested by Mohave, to
supplement the bid with a letter from the manufacturer certifying that bidder is a bona fide dealer for
the equipment offered, and that bidder is authorized to submit a bid on such equipment.

9. MEMBER AGREEMENTS

Some members may request the addition of specific requirements that would apply to products and
services purchased under an awarded contract. These additional requirements shall be addressed
through the use of an additional member agreement. In any agreement between the contract vendor
and a member based on this contract, the terms and conditions of this contract shall prevail. Contract
vendor and member must agree to all provisions in any additional agreements. If agreement
requirements result In additional costs to the contract vendor, the contract vendor shall be entitled to
direct reimbursement for these costs, in addition and separate from approved contract pricing. A copy
of the additional member agreement shall accompany the member's purchase order.

10. PRIC

10.1. Administration fee: Mohave's 1% administration fee shall be Included in bidder's contract
price. Contract vendor shall not add the administration fee to approved contract prices. The value
of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave.

10.2. Application of pricing: In Mohave's purchase order review process, the date of a valid contract
vendor's quote or the date Mohave receives a member purchase order will generally be used to
determine the contract pricing that is in effect for that order. The date Mohave receives a member
purchase order will only be used to determine the contract pricing that Is in effect for an order
when a contract vendor's quote does not exist or is invalid. However, other factors may apply.

10.3. Basis for pricing: Contract pricing under this IFB shall be based upon:

1. Percent of discount(s) off manufacturer's price list(s) or catalog(s);
2. — Firm fixed price with economic price adjustment.
e conomic price adjustments are defined as an unexpected price increase for services,
raw materials or that are outside the control of the bidder.
e Any contingencies for economic price adjustments shall be identified in the bid.
« Mohave shall make the sole determination whether contingencies for economic price
adjustments identified in your bid are appropriate under an awarded contract; or
3. A combination of the above.

The price included in a catalog, price list, schedule or other form that:
e Is regularly maintained by a manufacturer, distributor or contractor;
e Is either published or otherwise available for inspection by customers; and/or

* States prices at which sales are currently or were last made to a significant number of
buyers for the product, material, process or services.

Established catalog price is referred to as manufacturer's price list, price list, or catalogs
throughout this solicitation.

IFB 190-1121 41

Special Terms and Conditions
(Place after Tab 1d)

10.4. Initial catalogs/price lists: A copy of the latest edition of the price list or catalog to which
discount shall be applied shall be included with bid. Include a copy of the latest edition of all
applicable price lists or catalogs to which discount shall be applied with your bid. Submission of
outdated price lists or catalogs may result in rejection of bid.

10.5. Fixed prices: Fixed price bids shall include prices for any and all items. Fixed prices shall be
firm until each anniversary date of the contract, unless there is an occurrence of allowed
contingencies for economic price adjustment outlined in the bid. If allowed contingencies for price
adjustment occur, contract vendor shall submit a fully documented request for price adjustment
to Mohave. The documentation must substantiate that any requested price increase was clearly
unpredictable at the time of submittal and results from an increased cost to contract vendor that
was out of contract vendor's control. Mohave shall review requests for fixed price adjustments to
determine if the requested adjustments will be allowed. New fixed prices shall not apply until
approved by Mohave. Price changes shall be a factor in contract renewal (contract modification).

10.6. Combination pricing: Bids for combination contracts shall clearly identify items covered by
discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as identified
for the appropriate contract type above.

10.7. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified
otherwise.

10.8. Discounts: Submitted pricing shall clearly identify the percent of discount to apply to the price
list. If multiple discounts apply, bidder shall clearly indicate the discounts and applicable materials
or services, Bidder shall agree that there will be no reduction in discount(s) during the term of
contract.

10.9. New catalogs/price lists: New price lists, workbooks and/or catalogs may be submitted for
review throughout the term of the contract. Mohave will review new price lists, workbooks and/or
catalogs to determine if the new prices or an alternative option is in the members’ best interests.
New price lists, workbooks and/or catalogs shall apply to the contract only upon approval from
Mohave. New price lists, workbooks and/or catalogs found to be non-competitive at any time
during the contract shall be grounds for terminating the contract. Any new catalogs/price lists
shall meet requirements as stated in Basis for pricing.

10.10. Percent of discount as fixed price: Percent of discount bids that are not based upon
published price lists or catalogs will be administered as fixed price contracts.

10.11. Price reduction and adjustment: Price reduction may be offered at any time during a
contract and shall become effective upon notice of acceptance from Mohave. Price reductions
(e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar
size and scope. Price reductions limited to a single member are not acceptable. Special time-
limited reductions are permissible under the following conditions: 1) reduction is available to all
members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days;
3) original price is not exceeded after the time-limit; and 4) Mohave has approved the new prices
prior to any offer of the prices to a member. Mohave shall be the sole judge on the acceptance of
price reductions under an awarded contract.

10.12. Reimbursement for transportation, mileage, lodging, meals and _ incidental
expenses (M&IE): Contract vendor may charge for transportation, mileage, lodging and M&dE
costs for employees that are required to travel to perform services at member site under this
contract. An overnight stay is required for lodging reimbursement. Mileage reimbursement shall
be at a specified rate. Transportation charges are separate from mileage, and may include airfare,
car rental, etc.

Reimbursements under this section shall not exceed the rates listed in approved pricing, and shall
not exceed the actual charge. To be eligible for reimbursement, estimated charges must be on
the quote and approved by the member. Receipts for such reimbursements must be provided
upon request from the member,

IFB 190-1121 42

Special Terms and Conditions
(Place after Tab 1d)

10.13, Travel/drive rates or mobilization: Contract vendor may charge for travel/drive rates or
mobilization under this contract. Travel/drive rates are only applicable for out of area employees
working under this contract. Charges under this section shall not exceed the rates listed in
approved pricing. Such charges must be on the quote and approved by the member.

eTravel/drive rates may be an hourly rate or a per mile rate. If you are using a per mile rate, list
your travel/drive reimbursement separately from mileage reimbursement.

Mobilization charges are for the movement of equipment to the jobsite. Mobilization may be
billed at a per mile rate or a flat rate.

11, SITE REQUIREMENTS

11,1.Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as
required or directed by member. Upon completion of the work, the premises shall be left in good
tepair and unobstructed condition.

11.2. Contract vendor employee fingerprinting: Contract vendor and its employees or
subcontractors working under an awarded contract who are required to provide services on a
regular basis at an individual school, shall obtain and present a valid Department of Public Safety
fingerprint clearance card in accordance with ARS §15-512(H). The fingerprint card shall be issued
pursuant to Title 41, Chapter 12, Article 3.1. Charges for such fingerprint checks will be the
responsibility of the contract vendor, subcontractor or individual employee as determined by the
member.

An exception to this requirement may be authorized in member's Governing Board policy, for
persons who, “as part of the normal job duties of the persons, are not likely to have independent
access to or unsupervised contact with pupils."

Contract vendor and its employees or subcontractors shall not provide services on school district
property until so authorized by the school district. Additionally, contract vendor shall comply with
applicable governing board fingerprinting policy(ies) at the school district where services are
provided.

11.3. Onsite Contract Vendor Responsibilities: The contract vendor is responsible for ensuring
that all onsite work performed under this contract meets or exceeds the current OSHA standards,
and is responsible for ensuring safe work performance of employees and subcontract vendors.

Contract vendor and its employees or subcontractors shall report accidents and incidents
immediately to the member's responsible staff or its administration. The contract vendor is
responsible for providing and obtaining appropriate medical and emergency assistance and
notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency
measures, the scene of the accident or incident shall not be disturbed, and the operation shall not
resume until authorized by the member's responsible staff or administration. The contract vendor
must assist and cooperate fully with the investigation of the accident/incident and ensure
availability of all information, personnel and data pertinent to the investigation.

For preemptive purposes, contract vendor and its employees or subcontractors shall immediately
Tteport to the member's responsible staff or administration all areas of concern that could
potentially lead to accident or injury.

11.4, Preparation: Contract vendor shall not begin a project for which member has not prepared the
site. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks
or power, and similar pre-installation requirements.

IFB 190-1121 43

Special Terms and Conditions
(Place after Tab 1d)

11.5. Registered sex offender restrictions: For work to be performed at an Arizona school,
contract vendor agrees that no employee or employee of a subcontractor who has been
adjudicated to be a registered sex offender will perform work at any time when students are or
are reasonably expected to be present. Contract vendor agrees that a violation of this condition
shall be considered a material breach and may result in the cancellation of the purchase order at
the member's discretion.

11.6.Safety measures: Contract vendor shall take all reasonable precautions for safety on the
worksite, and shall erect and properly maintain all necessary safeguards for protection of workers
and the public. Contract vendor shall post warning signs against all hazards created by its
operation and work in progress. Proper precautions shall be taken pursuant to current Arizona
law and standard practices to protect workers, general public, and existing structures from injury
or damage.

11.7. Smoking: Persons working under the contract shall adhere to current local smoking policies.

11.8. Stored materials: Upon prior written agreement between the contract vendor and member,
payment may be made for materials not incorporated in the work but delivered and suitably stored
at the site or some other location, for installation at a later date. An inventory of the stored
materials shall be provided to member prior to payment. Such materials shall be stored and
protected in a secure location, and be insured for their full value by the contract vendor against
loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member
as an additional insured upon member's request. Additionally, if stored offsite, the materials shall
also be clearly identified as property of member and be separated from other materials. Member

shall be allowed reasonable opportunity to inspect and take inventory of stored materials, on or
offsite, as necessary.

Payment for stored materials shall not constitute final acceptance of such materials. The contract
vendor shall be responsible for the protection of all material and equipment, whether stored on or
off site. Title for all work, materials and equipment shall pass to the member only upon final
inspection and payment of remaining job costs.

12. SUBCON CT

12.1. Awarding subcontracts: Bidder agrees that any subcontract competitively solicited by
contract vendor will not be awarded solely upon membership or non-membership in a union or
professional association.

12.2. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions
of the Mohave contract.

12.3.Prime contractor: Contract vendor will be considered a prime contractor and not a
subcontractor. Neither Mohave nor the member will establish a contractual relationship with
subcontractors.

12.4, Subcontracts: No subcontracts shall be entered into with any unlicensed party. Contract
vendor must use subcontractors openly, include such arrangements in the bid, and certify upon
request that such use complies with the current rules of the Arizona Registrar of Contractors and
the Arizona procurement rules and code. No subcontracting costs may be hidden in a cost bid to
member.

12.5. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven days
after receipt of payment from member, as required in Arizona procurement rules and code. If
contract vendor receives any interest monies for delay of payment from member, contract vendor
will pay subcontractor the correct proportion of interest received. Complaints by subcontractor
may be resolved as described in Arizona procurement rules and code. Failure to pay subcontractor
for work faithfully performed and properly invoiced may result in the suspension or cancellation
of this contract.

IFB 190-1121 44

Special Terms and Conditions
(Place after Tab 1d)

12.6. Use of subcontractors: Use of subcontractors shail permit work to be managed effectively and
—y without delay and shall not cause any disturbance or interference to the progress of the project
(e.g. engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute).
Subcontractor shall not employ anyone whose employment may be objected to by prime
contractor, member or Mohave.

13. TERM OF CONTRACT AND EXTENSION

13.1. Contract period: It is Mohave's intent to award a multi-term contract for the specified product,
material, process, or services. The initial contract term shall be for one (1) calendar year from the
effective date of contract award. By mutual written agreement between Mohave and contract
vendor, the contract may be extended for up to four (4) consecutive additional 12-month periods,
beginning immediately after expiration of the prior term. However, no contract extension (contract
modification) exists unless and until contract vendor is so notified by Mohave.

13.2. Contract extension (contract modification): Conditions for contract extension (contract
modification) may include, but are not limited to: contract usage, satisfactory performance of
services during the preceding contract term, ability to continue to provide satisfactory services,
continued adherence to the contract requirements, and continued competitive prices for the
materials and services provided under the contract. Mohave shall prepare a performance report
for all contracts prior to issuing any extension (contract modification). This performance report
shall use past performance information gathered by your assigned Contract Specialist. Past
performance information shall be used when determining whether a contract receives an extension
(contract modification).

13,3. Month-to-month extensions (contract modification): Mohave reserves the right to offer
month-to-month extensions (contract modification), if that is determined to be in the best interests
of members.

14, TRADE-IN EQUIPMENT

Member and contract vendor shall determine values placed on trade-in products. The value of trade-in
shall not affect the amount of administration fee paid to Mohave. Trade-in equipment shall be
dismantled and removed at contract vendor’s expense. The condition of trade-in equipment at the
time it is turned over to contract vendor shall be the same as when the original agreement was made,
except for normal wear and tear from use between the time of the offer and trade-in.

15. WARRANTY/ QUALITY GUARANTEE

15.1, Extended warranties/service contracts: The contract vendor or a manufacturer may offer
extended warranties available at extra cost for members that agree to a maintenance contract.
The extended warranty contract shall be offered as a separate line item.

15.2. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave or its
members shall fully conform to all requirements of the contract, all representations of contract
vendor, and shall be fit for all purposes and uses required by the contract.

15.3. Inspection: The warranties set forth in this section shall not be affected by inspection or testing
of, or payment, for the product or materials to contract vendor by member.

15.4. Quality: Unless otherwise specified, contract vendor warrants that for a period of one (1) year
/ two (2) years (for construction contracts) after acceptance of the equipment or materials by
member, they shall be:

. of a quality to pass without objection in the industry or trade normally associated with
them;

e Fit for the intended purpose(s) for which they are used;

e Of even kind, quantity and quality within each unit and among all units, within the
variations permitted by the contract;

e Adequately contained, packaged and marked as the contract may require; and

¢ Conform to the written promises or affirmations of fact made by contract vendor.

IFB 190-1121 45,

Special Terms and Conditions
(Place after Tab 1d)

15.5. Warranty requirements: Contract vendor warrants that all products, materials, processes and
services delivered under this contract shall conform to the specifications. Unless stated otherwise,
all equipment shall carry a minimum 12-month manufacturer's warranty that includes parts and
labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer
over warranty terms, Any extended manufacturer's warranty shall be passed on to member
without exception, Mohave reserves the right to cancel the contract if contract vendor charges
member for a replacement part that the contract vendor received at no cost under a warranty.

15.6. Warranty work: The contract vendor shall perform all warranty work and remain available to
the member should continued service be required after warranty obligations are met.

IFB 190-1121 46

Special Terms and Conditions Acceptance Form
(Place after Tab 1d)

Signature on Page 2 certifies complete acceptance of the Special Terms and Conditions in this solicitation,
except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the Special Terms and Conditions:

rf

We take no exceptions/ deviations to the Special Terms and Conditions.
(Note: If nothing is listed below, it is understood that no exceptions/deviations are taken.)

We take the following exceptions/deviations to the Special Terms and Conditions. All
exceptions/deviations shall be clearly explained. Reference the corresponding Special
Terms and Conditions that you are taking exceptions/deviations to. Clearly state
if you are adding additional terms and conditions to the Special Terms and
Conditions. Provide details on your exceptions/ deviations below:

(Note: All requested exceptions/deviations must be clearly explained. Reference the specific
special terms and conditions that you are taking exceptions/deviations to, detail any proposed
substitute special terms and conditions, and clearly demonstrate how Mohave and its
membership will be better served by the substituted special terms and conditions. Unacceptable
exceptions/deviations shall remove your bid from consideration for award. Mohave shall be
the sole judge on the acceptance of exceptions/deviations and Mohave’s decision shall be final.)

IFB 190-1121 47

General Terms and Conditions
(Place after Tab 1c)

Some General Terms and Conditions specify placement of information in tabs other than Tab 1c as noted
in the title above. Pay close attention to placement information (identified in bold text) as indicated in
select General Terms and Conditions.

1.

ADVERTISING

Bidder shall not advertise or publish information concerning this solicitation prior to an award being
announced by Mohave. After award, contract vendor(s) may advertise the availability of products,
materials, processes and services to members. Any promotional marketing materials using the Mohave
logo shall be approved by a Mohave Contract Specialist in advance.

AVAILABILITY OF FUNDS

Member fund availability is unknown to Mohave at the time this solicitation was issued. Use of any
contract awarded by Mohave will be conditioned upon the availability of member funds.

BID OPENING

Bids shall be opened immediately following the bid due date and time. Pricing will be publicly read and
recorded in the presence of witnesses. All other information In the bids shall remain confidential until
after award of contracts, with the exception of review by Mohave staff and selected evaluators.

CANCELLATION

4.1. Cancellation Process: The following requirements shall apply to all cancellation notices issued
under an awarded contract:

e Awritten notice of cancellation shall be sent to the contract vendor and the effective date of
cancellation shall be the date specified within the written notice of cancellation.

e Upon cancellation, all products, materials, processes and services paid for by the member,
along with documents, data and reports prepared by contract vendor under the contract shall
become the property of the member.

¢ Contract vendor shall be entitled to receive just and equitable compensation in accordance
with applicable contract pricing for authorized work in progress, authorized work completed
and materials accepted before the effective date of the cancellation.

¢ Cancellation shall have no effect on projects in progress prior to the effective date of the
cancellation,

e Contract vendor is obligated to continue submitting monthly reconciliation reports and
administrative fee payments until all purchases are complete and closed.

4.2. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend
the use of, any contract if contract vendor files for bankruptcy protection, or if the original contract
holder is sold and ownership is transferred to a new party.

4.3. Cancellation for conflict of interest: Mohave may cancel this contract pursuant to ARS §38-
511 for conflict of interest. Conflict of interest occurs if any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on behalf of Mohave, is or
becomes at any time while the contract or an extension (contract modification) of the contract is
in effect, an employee of, or a consultant to, any other party to the contract, with respect to the
subject matter of the contract. Members shall incur no penalty or further obligation if the contract
is cancelled for conflict of interest.

4.4. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract
without penalty or recourse, in whole or in part, when Mohave determines that action to be In the
best interests of its members.

IFB 190-1121 48

General Terms and Conditions
(Place after Tab 1c)

4.5. Cancellation for non-performance or contract vendor deficiency: Mohave may terminate
any contract if members have not used the contract, or if purchase volume is determined to be
“low volume” in any 12-month period. Mohave reserves the right to cancel the whole or any part
of this contract due to failure by contract vendor to carry out any obligation, term or condition of
the contract. Mohave may issue a written deficiency notice to contract vendor for acting or failing
to act In any of the following:

Failing to comply with the accepted terms and conditions of the contract;

Providing material that does not meet the specifications of the contract;

Providing work and/or material that was not awarded under the contract;

Failing to adequately perform the services set forth in the scope of work and

specifications;

e Failing to complete required work or furnish required materials within a reasonable
amount of time;

e Failing to make progress in performance of the contract and/or giving Mohave reason to

believe that contract vendor will not or cannot perform the requirements of the contract

Failing to provide required performance bonds;

Performing work or providing products, materials, processes or services under the contract

prior to receiving a Mohave reviewed member purchase order for such work.

Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a
satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately
address all issues of concern may result in contract cancellation. Upon cancellation under this
clause, all goods, materials and work paid for by the member, along with documents, data and
reports prepared by contract vendor under the contract shall become the property of the member.

4.6. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under
this solicitation, if a new solicitation has been issued and a contract has been awarded to the same
contract vendor for similar products, materials, processes and services. Mohave may, at its option,
either replace a contract resulting from this solicitation or delay a new award until the existing
contract expires. The decision to delay or replace the contract rests solely with Mohave.

4.7, Contract vendor cancellation: Contract vendor may cancel this contract at any time upon
thirty (30) days prior written notice to Mohave or at time of annual contract renewal (contract
modification). Termination shall have no effect on projects in progress at the time the notice of
cancellation is received by Mohave.

4.8. Continuation of performance: Contract vendor shall continue to perform in accordance with

the requirements of the contract, up to the date of cancellation and as directed in the cancellation
notice.

4.9. Gratuities: Mohave shall cancel this contract if it is found that gratuities in the form of
entertainment, gifts or otherwise, were offered or given by contract vendor or any agent or
representative of contract vendor, to any employee of Mohave or member with a view toward
securing a contract or with respect to the performance of this contract. Officers, employees and
agents are prohibited from soliciting or accepting gratuities, favors or anything of monetary value
from contractors or parties of subcontractors under an awarded contract. Paying the expenses of
normal business meals shall be in accordance with each member's policy regarding gratuities.

Samples as requested in the solicitation and provided to Mohave for demonstration or evaluation
are not considered gratuities.

CAI INS, HEADINGS AND ILLUSTRATIONS

The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease
of perusal only, and in no way define, limit or describe the scope or intent of the request.

IFB 190-1121 49

General Terms and Conditions
(Place after Tab 1c)

6. CERTIFICATION
By signing the Bid and Acceptance Form (page 2 of the IFB), bidder certifies the following:

e Bidder has examined and understands the terms, conditions, scope of work, specifications and
other documents in this solicitation.

e The submission of the bid did not involve collusion or other anticompetitive practices. Neither
signatory nor any person on his behalf has connived or colluded to produce a deceptive show
of competition in the matter of the bidding or award of a contract under this solicitation.

¢ Bidder has not given, offered to give, nor intends to give at any time hereafter any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to
a public servant in connection with the submitted bid.

e Neither bidder, nor any officer, director, partner, member or associate of bidder, nor any of its
employees directly involved in obtaining contracts with the State of Arizona, Mohave
Educational Services Cooperative, Inc., or any subdivision of the state has been convicted of
false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery,
attempted bribery or conspiracy to bribe under the laws of any state or federal government for
acts or omissions after January 1, 1985.

e Bidder agrees to comply fully with any and all provisions of ARS Title 32, Chapter 10 (Registrar
of Contractors) that may regulate bidder's business.

e Bidder shall not discriminate against any employee, or applicant for employment, in violation
of federal and state laws (see Federal Executive Order 11246; and ARS Title 41, Chapter 9,
Article 4).

e Bidder is not currently suspended, debarred or otherwise precluded from participating in any
public procurement activity with any federal, state or local government entity.

e If awarded a contract, bidder agrees to promote, offer and sell under Mohave contract only
those materials and/or services awarded to contract vendor by Mohave.

e If awarded a contract, bidder shail provide the equipment, commodities, and/or services to
members of Mohave in accordance with the terms, conditions, scope of work, specifications,
and other documents of this Invitation For Bid.

e If awarded a contract, bidder agrees that all staff and other individuals eligible to receive
services shall have equal access to the services regardless of race, religion, color, sex, disability,
age or national origin (including language minority individuals).

e Bidder and all proposed subcontractors comply and shall remain in compliance with the Federal
Immigration and Nationality Act (FINA), all other federal immigration laws and regulations,
ARS §41-4401, and ARS §23-214, which requires compliance with current federal immigration
laws by Arizona employers, Arizona contractors and Arizona subcontractors in accordance with
the E-Verify employee eligibility verification program.

¢ Bidder shall comply with ARS §35-393.01 and certify that they are not currently engaged in,
and agree that for the duration of the contract to not engage in, a boycott of Israel. (Note:
Unless and until the District Court's injunction in Jordahl/ v. Brovich et al., Case No.
3:17-cv-08263 (D. Ariz.) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S.
the Anti-Israel Boycott Provision (A.R.S. 35-393.01 (A)) is unenforceable and will
take no action to enforce it. Compliance to this term and condition is nota
mandatory part of the bid aslong as the injunction remains in place. Bids will not be
evaluated based on whether the bidder complied or deviated to this term and
condition.)

* — If applicable to the products and services offered under this contract, Bidder shall comply with
current applicable requirements of Health Insurance Portability and Accountability Act of 1996
(HIPPA), and accompanying regulations. Contract vendor agrees to work with the member in
the course of performance so that the member and contract vendor are in compliance with
HIPPA,

IFB 190-1121 50

7.

General Terms and Conditions
(Place after Tab 1c)

CONFIDENTIAL INFORMATION

7.1. Confidential information request: If bidder believes that its bid contains confidential trade
secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact
shall accompany the bid, and the information shall be so identified wherever it appears. Mohave
shall review the statement and notify the bidder of their determination in writing whether the
information shall be withheld or disclosed. Requests to deem the entire bid as confidential will not
be considered.

7.2. Pricing: Mohave will not consider pricing to be confidential or proprietary.

7.3. Public record: All bids submitted in response to this solicitation shall become the property of
Mohave. They will become a matter of public record available for review, subsequent to award of
contract(s), with the exception of information deemed confidential by Mohave.

CONFIRMATION

If an apparent mistake in a bid, relevant to the award determination is discovered after opening and
before award, Mohave shall contact the bidder for written confirmation of the bid. If bidder fails to
act, the bidder shall be considered non-responsive.

Mohave may contact a bidder to confirm our understanding of the bid. Such contact shall be prior to
award. Mohave shall obtain written confirmation from the bidder and shall retain the confirmation in
the procurement file. Correction of mistakes in a bid shall only be allowed as described in Arizona
procurement rules and code.

CONTRACT MANAGEMENT

9.1. Applicable law: The contract shall be governed by the laws of the State of Arizona, and suits
pertaining to the contract may be brought only in courts in the State of Arizona.

9.2. Application of law: The Arizona Procurement Code, the Arizona State Board of Education School
District Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of
Arizona, are part of this document as if fully set forth herein. Any provision or clause required by
law, rule or regulation to be included in the contract will be read and enforced as if in the contract,
whether or not physically included. If any such provision is not included, or is not correctly
included, contract will be amended in writing to make such inclusion or correction upon application
from either party to contract.

9.3. Arbitration: After exhausting applicable administrative review, the parties to this contract may
agree to resolve disputes arising out of or relating to this contract through arbitration, to the
extent allowed by law.

9.4. Assignment: Contract vendor shall assign no right or interest in this contract without prior written
permission from Mohave. No delegation of any duty of contract vendor shall be made without
prior written permission from Mohave. Mohave shall not unreasonably withhold approval and shall
notify contract vendor of its decision within fifteen (15) days of receipt of written notice from
contract vendor.

9.5. Contract claims or controversies: The requirements of the Arizona procurement rules and
code shall govern any contract awarded as a result of this solicitation, as well as any contract
claims or controversies associated with it.

Formal contract claims and controversies between a member and contract vendor shall be resolved
in accordance with R7-2-1155 through R7-2-1159, or ARS, Title 41, Chapter 23, Article 9, as
applicable. The member's authorized representative shall serve as the district representative for
resolution of such claims and controversies. ARS, Title 41, Chapter 23, Article 9 and the rules
promulgated under it, or R7-2-1155 through R7-2-1159, as applicable, provide the exclusive
procedure for asserting a cause against the member under the contract.

IFB 190-1121 51

General Terms and Conditions
(Place after Tab ic)

9.6. Contract placed on hold: Mohave shall have the ability to place a contract on hold, if it is
deemed necessary to address ongoing problems with an awarded contract. Details of the decision
to place the contract on hold shall be provided in a written deficiency notice. A reasonable amount
of time shall be provided to contract vendor to address issues in the written deficiency notice.

9.7. Modification of contract: An awarded contract may be modified for a variety of reasons.
Contract modifications will be issued as deemed necessary by Mohave to address contractual
issues that may arise.

9.8. Novation: If contract vendor sells or transfers all assets or the entire portion of the assets used
to perform this contract, a successor in interest must guarantee to perform all obligations under
this contract. Mohave reserves the right to accept or reject any new party. A simple change of
name agreement will not change the contractual obligations of contract vendor.

9.9. Order cycle overview:

One, or both, of the following order cycles will apply to an awarded contract. A sample
reconciliation report will be provided to contract vendors who have been awarded a contract.
Instructions for filling out the purchase order, or Pcard process, will be contained In that sample
reconciliation report.

For Procurements made with purchase orders:
1. Member forwards purchase orders to Mohave that lists the contract number, along with a
copy of detailed contract vendor quote. Vendor listed on the purchase order is contract
vendor.

2. Mohave reviews and emails member order with “MESC Reviewed" stamp, to contract
vendor and member.

3. Contract vendor provides product/services,

4. Contract vendor invoices member,

5. Member pays contract vendor.

6. Contract vendor sends monthly Reconciliation Report to Mohave.

7. Contract vendor remits administration fee monthly, based on invoices paid.

8. Mohave audits selected invoices.

For Procurements made with Pcards:
1. Member purchases directly from contract vendor using a Pcard and forwards a copy of
detailed contract vendor quote to Mohave (if applicable).
Mohave reviews and emails contract vendor quote with “MESC Reviewed’ stamp, to
contract vendor and member (if applicable).
Contract vendor provides product/services.
Contract vendor invoices member (if not previously paid with Pcard).
Member pays contract vendor (if not previously paid with Pcard).
Contract vendor sends monthly Reconciliation Report and copy of detailed Pcard
transaction, invoice or quotation to Mohave.
7. Contract vendor remits administration fee monthly, based on Pcard purchases paid.
8. Mohave audits selected Pcard purchases.

N

AunPw

9,10. Overcharges by antitrust violations: Mohave maintains that overcharges resulting from
antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, contract
vendor assigns to member any and all claims for such overcharges as to the products, materials,
processes or services used to fulfill the contract.

9.11.Relationship of the parties: Vendors receiving contracts under this solicitation are
independent contractors. Any party to the contract shall not be deemed to be the employee of
another party to the contract.

9,12. Severability: The provisions of this contract are severable to the extent that any provision or
application held to be invalid shall not affect any other provision or application of the contract
which may remain in effect without the invalid provision or application.

IFB 190-1121 52

General Terms and Conditions
(Place after Tab 1c)

9,13. Successful performance: The sections of the solicitation defining the scope of services,
requirements, or qualifications are not to be construed as a complete listing that exempts
successful bidder from reasonable services required to ensure successful performance under the
contract.

9.14. Title: Purchase orders placed under this contract are on behalf of Mohave’s members. As such,
title to goods passes directly from contract vendor to member.

10. COOPERATIVE PURCHASING

10.1. Cooperative purchasing: This contract is based on the need for Mohave to provide the
economic benefits of volume purchasing and reduction in administrative costs through
cooperative purchasing to members. Any bid that prohibits sales to specific types of members
(e.g., state agencies or local government units) may not be considered. Sales without restriction
to any members are preferred.

10.2. Cooperative purchasing agreements: Cooperative Purchasing Agreements between Mohave
and its members have been established under Arizona procurement rules and code for use of
contracts.

10.3. Most favored customer relationship: Nothing in this solicitation is intended to establish a
most favored customer relationship between Mohave and contract vendor, Contract vendor may
respond to any solicitation without regard to this contract. Bidder agrees all prices, terms,
warranties, and benefits granted by bidder to members through this contract are comparable to
or better than the equivalent terms offered by bidder to any present customer meeting the same
qualifications or requirements. If contract vendor offers lower prices to any of its other
customers, it may lower its prices to Mohave at the same time by written notice.

10.4. Eligible agencies: Any contract awarded from this solicitation shall be available to all Mohave
members. Members shall have a current signed Mohave Cooperative Purchase Agreement.
Member is defined as a local or public procurement unit, or a governmental public entity that is
a political subdivision for purposes of federal income tax, or a nonprofit educational or public
health institution that is a political subdivision for purposes of federal income tax or meets the
requirements of Section 115 of the Internal Revenue Code, Mohave has approximately 450
members including public school districts, community colleges, city and county governments and
political subdivisions throughout Arizona. A list of members may be found on Mohave’s website,
www.mesc.org. Actual use of any contract shall be at the sole discretion of Mohave’s members.

11. ESTIMATED QUANTITIES

Mohave anticipates considerable activity resulting from this solicitation. An estimate of purchases is
provided in the Scope of Work (page 6) of the requested materials or services. However, no
commitment of any kind is made concerning quantities to be acquired. Mohave does not guarantee
usage. Usage depends on the actual needs of members and marketing by contract vendor.

12. EVALUATION and AWARD

12.1, Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose
bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave
reserves the right to use model projects/market baskets to determine the ranking of bids, It is
Mohave’s intent to award a complete line of products, when possible and advantageous.

12.2. Exceptions/deviations to requirements: All requested exceptions/deviations must be
clearly explained. Unacceptable exceptions/deviations shalt remove your bid from consideration
for award. Mohave shall be the sole judge on the acceptance of exceptions/deviations and
Mohave’s decision shall be final.

12.3, Formation of contract: A response to this solicitation is an offer to contract with Mohave
based upon the terms, conditions, scope of work, specifications and amendment(s) contained in
this bid. A bid does not become a contract unless and until Mohave accepts it. A contract is
formed when a Mohave administrator signs the award document.

IFB 190-1121 53

General Terms and Conditions
(Place after Tab 1c)

12.4. Effect of price: No contract shall be awarded solely on the basis of price.

12.5. Market basket: If bidder is providing an alternative product in the required Market Basket,
bidder must provide specifications for those products. White papers are not specifications and
are not acceptable.

12.6. Multiple award: To assure that our contracts meet the requirements of all members, Mohave
may award multiple contracts. Bidder should consider this fact in preparing their response. The
decision to award multiple contracts, award a single contract, or make no award rests solely with
Mohave.

A multiple award shall be made only if the procurement officer determines in writing that a
multiple award Is necessary and is advantageous to Mohave members. A multiple award shall be
limited to the least number of contracts necessary to meet the requirements of the using
agencies. Mohave shall make the sole determination of the least number of contracts required
to meet the need. Mohave's basis for determining whether to award multiple contracts shall be
based upon considerations for the large number of members, diverse types of members, location
of members throughout Arizona and members’ past usage of similar contracts.

Criteria for selecting vendors for multiple contracts shall be based upon considerations for
members’ experience with existing products and systems, brand continuity for parts replacement
and future expansion, contract vendor’s ability to provide for our large, diverse membership,
bonding capacity, Mohave’s past experience with contracts for similar product/services, and/or
other relevant criteria. Multiple contracts may also be awarded based on individual line items or
groups of line items, incrementally, or by designated regions.

12.7. Non-exclusive contract: Any contract resulting from this solicitation shall be awarded with
the understanding and agreement that it is for the sole convenience of Mohave's members.
Mohave and its members reserve the right to obtain like goods and services from other sources.

12.8, Past performance information: Past Performance Information (PPI) is relevant information
regarding a contract vendor's actions under previously awarded contracts to public agencies. It
includes contract vendor's record of performance under such contracts including, but not limited
to: conformance to the terms, conditions, specifications and scope of work of the contracts,
responsiveness to, and correction of, contract claims and controversies, and satisfaction of the
contracting entities. PPI shall be a factor in evaluation and award.

12.9, Price workbook: All bidders must complete the 190 Playground, Splash Pad, Outdoor Fitness
and Related Equipment workbook titled "190 Playground.xIsx”. Provide two (2) CDs, USBs,
or similar electronic media devices with the completed workbook in your response. Paper copies
of the workbook are required. Failure to complete and submit the 190 Playground, Splash Pad,
Outdoor Fitness and Related Equipment workbook shall render your bid nonresponsive. Place
after Tab 3a. If awarded a contract, all future pricing updates shall be based on the electronic
workbook, or similar approved format.

12.10. Pricing extension errors: In case of error in extension of prices in the bid, unit prices shall
govern,

12.11. Responsible bidder: A responsible bidder is a firm or person who at the time of contract
award has the capability to perform the contract requirements and the integrity and reliability
that will assure good faith performance. Mohave shall determine a bidder to be responsible
before awarding a contract to bidder.

12.12. Responsive bids: A responsive bid conforms in all respects to the material requirements of
the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the
right to waive minor informalities.

IFB 190-1121 54