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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BIDDLE & BROWN FENCE COMPANY, LLC
This Linking Agreement (“Agreement”) is entered into as of this day of , 2023, between
the City of Glendale, an Arizona municipal corporation (“City”), and BIDDLE & BROWN FENCE
COMPANY, LLC, an Arizona limited liability company, authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITALS
On May 30, 2022 under 1 GPA Cooperative Purchasing Agreement, the Mary C. O’Brien
Accommodation School/Pinal County ESA entered into a contract with Contractor to purchase
the goods and services described in the Contract No. 22-12P-02 for Fencing Products and Services
(“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative
Purchasing Agreement permits its cooperative use by other governmental agencies including the
City.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
The City desires to contract with Contractor for supplies or services identical, or nearly identical, to
the supplies or services Contractor is providing other units of government under the Cooperative
Purchasing Agreement. Contractor consents to the City’s utilization of the Cooperative Purchasing
Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to
provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agteement. The City is purchasing supplies and/or services from Conttactor pursuant to
the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement,
purchases can be made by governmental entities from the date of award, which was May 30, 2022,
until the date the contract expires on May 30, 2024 unless the term of the Cooperative Purchasing
Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative
Purchasing Agreement, however, may not be extended beyond May 30, 2027. The initial period of
this Agreement, therefore, is the period from the Effective Date of this Agreement until May 30,
2024. The City may extend the term of this Agreement for 3 additional one-year extentions until
the Cooperative Purchasing Agreement expires on May 30, 2027. Glendale extensions are not
automatic and shall only occur if the City gives the Contractor notice of its intent to extend. The
1
05/10/2023
City may give the Contractor notice of its intent to extend this Agreement 30 days prior to the
anniversary of the Effective Date to effectuate such extension.
Scope of Work; Terms, Conditions, and Specifications.
A. Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
Compensation.
A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.
B. The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed nine hundred thousand dollars ($900,000) for the entire term of the
Agreement (initial term plus any extensions).
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
Non-disctimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, teligion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
ARS. § 41-4401.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a. the forced labor of ethnic Uyghurs in the People’s Republic of China;
b. any goods ot setvices produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
05/10/2023
c any contractors, subcontractors or suppliers that use the forced labor or any goods
ot services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
10. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate
signed by an officer of Contractor with oversight responsibility.
11.
12. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
City of Glendale
c/o Charles Thomas
6210 W. Myrtle Ave. Suite 111
Glendale, AZ 85301
And
BIDDLE & BROWN FENCE COMPANY, LLC
c/o Scott Biddle
895 W. Elwood St.
Phoenix, AZ. 85041
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set
forth above.
“City” “Contractor”
City of Glendale, an Arizona BIDDLE & BROWN FENCE COMPANY, LLC,
municipal corporation an Arizona limited liability company
\
By: By: —— LIA Mis
Kevin R. Phelps Name: Scott Biddle
City Manager Title: President
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
05/10/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BIDDLE & BROWN FENCE COMPANY, LLC
EXHIBIT A
1 GPA Contract No. 22-12P-02 for Fencing Products and Services
WEE
1Government Procurement Alliance
The following is a Cooperative Solicitation, released via Mary C. O’Brien Accommodation School/Pinal County ESA
as the lead agency of 1Government Procurement Alliance:
Invitation for Bid # 22-12P
Fencing Products and Services
Bid Due Date and Time: April 6, 2022 at 11:00 A.M. Arizona Time
IFB Opening Location: Opening will be held publicly online through Vast Conference. Use the link below
to join the conference.
Join from PC or Mac: https://meet.vastconference.com/43837524
Call by Phone: Toll-Free US/CAN 1-800-719-7514
Enter Conference Code: 438375
Electronic Submittals: OpenGov Procurement — https://secure.procurenow.com/portal/1GPA
See enclosed information for submittal instructions.
Last Day for Questions: March 25, 2022 at 5:00 p.m.
In accordance with the Arizona procurement code and rules, Competitive Sealed Bids for the materials or services specified will
be received electronically by 1GPA, via OpenGov Procurement, until the time and date cited. Bids received by the correct time
and date shall be opened, via OpenGov Procurement, and the vendor's name and pricing shall be publicly read at the location
indicated above. All other information contained in the Bid shall remain confidential until award is made. Late solicitations shall
not be considered.
To be considered, solicitations — shall be submitted electronically via OpenGov Procurement,
httos://secure.procurenow.com/portal/iGPA. Submittal instructions for OpenGov Procurement can be found on the last page of
this document under Exhibit A. Additional instructions for preparing a solicitation are provided herein. Bidders are strongly
encouraged to carefully read the entire solicitation document.
Questions regarding this Invitation for Bid should be directed to: Rebecca Seifert, Procurement Specialist
Email: rseifert@1qpa.org
Phone: 866-306-3893
JUL Brovssarde Chuaty, Anorr
Jill Broussard, Superintendent Christy Knorr, Vice President
Pinal County ESA 1Government Procurement Alliance (1GPA)
Date Issued: February 15, 2022
1Government Procurement Alliance (1GPA) 1910 W. Washington St Phoenix, AZ 85009 Phone: 866-306-3893 Fax: 602-663-9515 Website: Www. 1gpa.org
TABLE OF CONTENTS
Documents Referenced
Introduction
Definition of Terms
Uniform Instructions to Bidders
Uniform Terms and Conditions
Special Terms and Conditions
Scope of Work
Submittal Requirements
FORM: Bid Bond
FORM: Performance Bond
FORM: Payment Bond
Exhibit A — OpenGov Procurement Submission Instructions
1GPA 22-12P Fencing Products and Services
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DOCUMENTS REFERENCED
You may access a complete copy of the documents referenced within this solicitation at the following web addresses:
Arizona:
Arizona Revised Statutes (A.R.S.) is available at
http:/Avww.azleg.state.az.us/ArizonaRevisedStatutes.asp
The Arizona School District Procurement Rules in the Arizona Administrative Code (A.A.C.) is available at
http://apps.azsos.gov/public_services/Title_07/7-02.pdf
All Other States:
For a full listing of Intergovernmental Purchasing Statutes by state, Click Here to be re-directed to 1GPA website available at:
http://1gpa.org/state-statutes/
Local Governments website (USA.gov): http:/Avww.usa.gov/Agencies/Local Government/Cities.shtml
Federal:
I.R.S. W-9 form (Request for Taxpayer I.D. Number) is available at
http:/Awww. irs.gov/pub/irs-pdf/fw9. pdf
Education Department General Administrative Regulations (EDGAR), 2 C.F.R. §§ 200.318-326
https:/Awww.qgpo.gov/fdsys/pkq/CFR-2014-title2-vol1/xml/CFR-2
1GPA 22-12P Fencing Products and Services Page 3 of 36
INTRODUCTION
Who are we?
4Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows public
agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors.
Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties,
states, local governments, federal government, Native American communities, fire districts, and any other political subdivision.
What do we do?
We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members
through a government purchasing cooperative or Interlocal agreement. All of our contracts are competitively procured and
awarded in compliance with state statutes, procurement laws and regulations.
Contracts are approved and awarded by 1GPA’s lead governmental entities and are only available for use and benefit of all
entities complying with state procurement laws and regulations.
Why are we preferred?
The Cooperative’s pooled purchasing power means public and private schools, cities, counties and state agencies, non-profits,
as well as colleges, universities and Native American communities can save actual budget dollars on our contracts utilizing
best business practices.
Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members receive
quality products and services at the best price.
We service our members by providing in-house knowledge of public procurement practices in conjunction with quality business
practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12 months for our
members on their own.
We pride our firm on our commitment to compliance, innovation, and collaboration.
As a government purchasing cooperative, 1GPA offers its Members access to a broad range of vendors whose goods and services have
been competitively procured by 1GPA, in coordination with its governmental lead agencies. When conducting competitive solicitations,
1GPA takes all steps necessary to comply with federal, state and local procurement laws applicable to both the Lead Agency identified
in the solicitation, as well as to 1GPA. Each Member must make its own independent determination as to (1) whether the Member may,
under laws applicable to the Member, lawfully purchase particular goods or services through purchasing cooperatives, and (2) whether
the Member must comply with any additional procedures required under laws applicable to the Member prior to completing a
cooperative purchase. 1GPA makes no representations or warranties to its Members, or to any vendors, regarding such matters.
1GPA 22-12P Fencing Products and Services Page 4 of 36
UNIFORM INSTRUCTIONS TO BIDDERS |
Inquiries
A.
Duty to Examine - It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing, and
check its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the
Bid after the Bid due date and time nor shall it give rise to any Contract claim.
Solicitation Contact Person - Any inquiry related to a Solicitation, including any requests for or inquiries regarding
standards referenced in the Solicitation, shall be directed solely to the Solicitation contact person.
Submission of Inquiries - Questions and/or clarifications conceming this IFB will be accepted in writing through March 25,
2022 by 5:00 p.m. Request may be transmitted via email. Responses and addenda to this IFB, if necessary, are scheduled
to be issued by March 29, 2022 at 5:00 p.m. No Bidder may rely upon oral responses made by any 1GPA employee or any
representative. Questions and/or clarifications concerning this IFB shall be directed to Rebecca Seifert, Procurement
Specialist at rseifert@1GPAorg or submitted via the OpenGov Procurement portal located at
https://secure. procurenow.com/portal/1GPA.
Solicitation Amendments/Addenda - The Solicitation shall only be modified by a Solicitation Amendment or Addendum.
4GPA will not be responsible for Bidders adjusting their Bid based on oral instructions by any member of 1GPA or lead
District Personnel.
Pre-Bid Conference - If a Pre-Bid Conference has been scheduled under this Solicitation, the date, time, and location shall
appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about
the Solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the conference.
Material issues raised at the conference thai result in changes to the Solicitation shall be answered solely through a written
Solicitation Amendment or Addendum.
Bid Opening: Bids shall be electronically submitted via OpenGov Procurement prior to the specified due date and time.
Bids shall be opened immediately following the bid due date and time, and at the place designated on the cover page of this
document, unless amended in writing by 1GPA. The name of each Bidder and the pricing submitted will be read at this time.
All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to
authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation
document shall be open for public inspection.
Time Stamp: Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later
than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered
and will remain unopened. Bidders assumes the risk of any delay in their submission. 1GPA strongly recommends. that you
give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the uploading process and to
finalize your submission.
Persons with Disabilities - Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow
time to arrange the accommodation.
Bid Preparation
A.
1GPA
Forms: - A Bid shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any
substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on
the form.
Typed or Ink Corrections. - The Bid should be typed or in ink. Erasures, interlineations or other modifications in the Bid
should be initialed in ink by the person signing the Bid. Modifications shall not be permitted after Bids have been opened
except as otherwise provided under R7-2-1030.
Signature(s) on Bids - The Bid and Contract Acceptance document should be submitted with an original ink signature or
electronic signature by the person authorized to sign the Bid. Failure to sign the Bid and Contract Acceptance document
may result in rejection of the Bid.
22-12P Fencing Products and Services Page 6 of 36
UNIFORM INSTRUCTIONS TO BIDDERS
1GPA
Exceptions to Terms and Conditions - All exceptions included with the Bid shall be submitted in a clearly identified
separate section of the Bid in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the
exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract
unless such exception is specifically referenced by the Procurement Officer in a written statement. The Bidder's preprinted
or standard terms will not be considered as a part of any resulting Contract. A Bid that takes exception to a material
requirement of any part of the Solicitation, including terms and conditions, shall be rejected.
Subcontracts - Bidder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in
the Bid.
Cost of Bid Preparation - 1GPA will not reimburse any Bidder the cost of responding to a Solicitation.
Solicitation Amendments/Addenda - Unless otherwise stated in the Solicitation, each Solicitation Amendment or
Addendum should be acknowledged by the person signing the Bid. Failure to acknowledge a material Solicitation
Amendment or Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum may
result in rejection of the Bid.
Provision of Tax Identification Numbers - Bidders are required to provide their Arizona Transaction Privilege Tax number
and/or Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance form and provide
the tax rate and amount, if applicable, on the Price Sheet.
Taxes:
1. Federal Excise Tax - Arizona School Districts/public entities are exempt from certain Federal Excise Tax on
manufactured goods.
2. Transaction Privilege Taxes - Arizona School Districts/public entities are subject to all applicable state and local
transaction privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes.
3. Property Taxes - Arizona School Districts/public entities do not pay state property taxes,
4. Taxes on Shipping - Transaction privilege tax may not be collected on delivery charges to the Member’s location if
separately stated on the invoice.
5. Payment of Taxes — Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible
for collection such taxes and shall forward all taxes to the proper revenue office.
All Other States - Other states may have different tax requirements and laws. The tax laws in each state shall be followed
by the awarded vendor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which
they are conducting business.
Disclosure - If the firm, business, or person submitting this Bid has been debarred, suspended or otherwise lawfully
precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any
Federal, state, or local government, or if any such preclusion from participation from any public procurement activity is
currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the
Bid. The Bidder shall include a letter with its Bid setting forth the name and address of the governmental unit, the effective
date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating
the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided.
Solicitation Order of Precedence - In the event of a conflict in the provisions of this Solicitation and any subsequent
contracts, the following shall prevail in the order set forth below:
1. Addenda/Amendments;
2. Special Terms and Conditions;
22-12P Fencing Products and Services Page 7 of 36
UNIFORM INSTRUCTIONS TO BIDDERS
Special Instructions;
Uniform Instructions to Bidders.
3. Uniform General Terms and Conditions;
4, Scope of Work/Specifications,
5. Attachments;
6. Exhibits;
7.
8.
Delivery - Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and
unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance
with the needs of the 1GPA Member. Products delivered must conform to the products listed under this contract and may
not be substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are
defective.
Submission of Bid
A.
41GPA
Bid Submission - Each Bid shall be submitted electronically to OpenGov Procurement by the due date and time at
https://secure.procurenow.com/portal/1GPA. Submittal instructions for OpenGov Procurement can be found on the last page
of this document under Exhibit A. 1GPA will not consider a bid submitted by any other method other than OpenGov
Procurement.
Bid Amendment or Withdrawal — A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the
modification or withdrawal is received before the Bid due date and time designated in the Solicitation (or as amended in
writing by 1GPA). A Bid may not be amended or withdrawn after the Bid due date and time except as otherwise provided
under R7-2-1028.
Public Record/Confidentiality - Under applicable law, all Bids submitted and opened are public records and must be
retained by 1GPA. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be
confidential by 1GPA pursuant to R7-2-1006.
If Bidder believes that its Bid contains trade secrets or other proprietary data not be disclosed as otherwise required by
A.R.S. §39-121, a statement advising 1GPA of this fact shall accompany the Bid, and the information shall be so identified
wherever it appears. Requests to deem the entire Bid as confidential, contract terms and conditions, pricing, and information
generally available to the public are not considered confidential information under this Section.
Certification - By signing the Bid and Acceptance form or other official contract form, the Bidder certifies that:
4. The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; the prices
which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or to any
competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, a Bid
for the purpose of restricting competition. It did not engage in collusion or other anti-competitive practices in connection
with the preparation or submission of its Bid and that the Bidder has taken steps and exercised due diligence to ensure
that no violation of A.R.S. § 15-213(0) has occurred; and
2. Itdoes not discriminate against any employee, applicant for employment or person to whom it provides services because
of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local
laws and executive orders regarding employment, including, Federal Executive Order 11246, Arizona State Executive
Order 99-4, 2000-4, A.R.S. §41-1461 through 1465; and
3, The Bidder warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and
Nationality Act (FINA), ARS § 41-4401 and § 23-214, and all other Federal immigration laws and regulations related to
the immigration status of its employees which requires compliance with Federal immigration laws by employers,
contractors and subcontractors in accordance with the E-Verify Employee Eligibility Verification Program; and
4. The 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
22-12P Fencing Products and Services Page 8 of 36
UNIFORM INSTRUCTIONS TO BIDDERS
submitted Bid. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection
of the Bid. Signing the Bid with a false statement shall void the Bid, any resulting contract and may be subject to legal
remedies provided by law; and
5. By submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency or
otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being
disapproved as a subcontractor of any public procurement unit or other governmental body; and
6. By submission of this Bid, that no Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a
Cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal Contract,
grant, loan or cooperative agreement; and
7. In accordance with ARS § 35-392, the Bidder is in compliance and shall remain in compliance with the Export
Administration Act.
8. The Bidder warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of
this Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. § 35-393 and
Texas Gov't Code 2270.002.
9. The Offeror warrants that it shall comply with the fingerprinting requirements, unless otherwise exempted, in accordance
with A.R.S. § 15-512.
Additional information
A.
1GPA
Unit Price Prevails - Where applicable, in the case of discrepancy between the unit price or rate and the extension of that
unit price or rate, the unit price or rate shall govern.
Taxes - The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not
a factor in determining the lowest Bidder.
Late Bids, Modifications or Withdrawals - A Bid, Modification or Withdrawal submitted after the exact Bid due date and
time shall not be considered except under the circumstances set forth in R7-2-1028(B).
Disqualification - The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
Bid Acceptance Period - A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days
from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Bid
acceptance, the number of days shall be ninety (90).
Payment - Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and
acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment within thirty (30)
days.
Waiver and Rejection Rights - Notwithstanding any other provision of the solicitation, 1GPA reserves the right to:
a Waive any minor informality;
2, Reject any and all Bids or portions thereof; or
3. Cancel the Solicitation.
22-12P Fencing Products and Services Page 9 of 36
UNIFORM INSTRUCTIONS TO BIDDERS
Award
Number or Types of Awards - Where applicable, the 1GPA reserves the right to make multiple awards or to award a
Contract by individual line item, by a group of line items, or categories, by an incremental award, by region, or by location.
as indicated within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders
that 1GPA determines is necessary to meet the needs of its Members.
B. Contract Inception - A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a
Contract. A Contract is not created until the Bid is accepted in writing by 1GPA and the Lead Agency with an authorized
signatures on the Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute
acceptance of the Bid.
Cc. Effective Date - The effective date of this Contract shall be the date that 1GPA and the Lead Agency signs the Bid and
Acceptance form or other official contract form, unless another date is specifically stated in the Contract.
Protests
A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule
A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with 1GPA/lead agency representative, Christy Knorr,
Vice President.
A.
1GPA
Protest shail include:
The name, addresses, and telephone number of the interested party;
The signature of the interested party or the interested party's representative,
Identification of the purchasing agency and the Solicitation or Contract number;
A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
The form of relief requested.
Pons
The interested party shall supply any other information requested by 1GPA or lead agency within 10 days of the request.
The interested party may file a written request with the district representative for an extension of the time limit for providing
additional information set forth in subsection (B). The written request shall be filed before the expiration of the time limit set
forth in subsection (B) and shall set forth good cause as to the specific reason that the interested party is unable to provide
the additional information with the 10 days. The district representative shall approve or deny the request in writing, state
the reasons for the determination, and if an extension is granted, set forth a new date for submission of the filing.
Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to
the Solicitation, shall be filed before the due date and time for responses to the Solicitation.
In cases other than those covered in section D of the section, the interested party shall file the protest within 10 days after
4GPA makes the procurement file available for public inspection.
The interested party may file a written request for an extension of the time limit for protest filing. The written request for an
extension shall be filed with the 1GPA Representative before the expiration of the time limit and shall set forth good cause
as to the specific action or inaction of 1GPA that resulted in the interested party being unable to file the protest within the 10
days. The 1GPA representative shall approve or deny the request in writing, state the reasons for the determination, and, if
an extension is granted, set forth a new date for submission of the filing.
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Cooperative Purchasing —
A.
Cooperative Purchasing - This contract is based on the need for 1GPA to provide the economic benefits of volume
purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. Although
contractors may restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits
sales from being made to public school districts may not be considered. Sales without restriction to any members are
preferred.
Cooperative Purchasing Agreements - Cooperative Purchasing Agreements between 1GPA and its Members have been
established under all procurement laws.
Cooperative Purchasing Contracts - 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.
Nothing in this solicitation is intended to establish a most favored customer relationship between 1GPA and contractor.
Contractor may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other
customers, it may lower its prices to 1GPA at the same time by written notice.
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 1GPA members. 1GPA and its membership reserve the tight to obtain like
goods and services from other sources.
Lead Agency - A Lead Agency is a well-established and well respected government agency who facilitates the competitive
bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the
award of contracts resulting from each Solicitation. The Lead Agency for this IFB is Mary C. O'Brien Accommodation
School/Pinal County ESA.
Contract Interpretation
A.
1GPA
Application of Law - The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where
applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement
Code, Arizona Revised Statutes (A.R.S.) 15-213, and its implementing rules, Arizona Administrative Code {A.A.C.) Title 7,
Chapter 2, Articles 10 and 11.
For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each
state in which 1GPA is conducting business under this contract. It is the responsibility of the awarded vendor and member
to ensure this solicitation and ensuing contract complies with the State laws in which they are conducting business regarding
use of a cooperative contract.
Implied Contract Terms - Each Provision of law and any terms required by law to be in this Contract are a part of this
Contract as if fully stated in it.
Relationship of Parties — Vendors receiving contracts under this solicitation are independent contractors. Neither party to
this contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract.
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.
No Parol Evidence - This Contract is intended by the parties as a final and complete expression of their agreement. No
course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this
document.
No Waiver - Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed
waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the
nature of the performance and fails to object to it.
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UNIFORM TERMS AND CONDITIONS |
Contract Administration and Operation
A.
1GPA
Records - Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each
Subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for
a period of five years after the completion of the Contract.
Audit - At reasonable times during the term of this Contract and five (5) years thereafter, the Contractor's or any
Subcontractors books and records shall be subject to audit by 1GPA or Member and, where applicable, the Federal
Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.
Inspection and Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor's
processes for producing the materials, at reasonable time for inspection of the materials and services covered under this
Contract. 1GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract.
Neither inspection at the Contractor's facilities nor testing shall constitute final acceptance of the materials. If 1GPA or
Member determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred
by 1GPA or Member for testing and inspection.
Notices - Notices to the Contractor required by this Contract shall be made by 1GPA to the person indicated on the Bid and
Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1GPA required by the
Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless
otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may
change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall
not be necessary.
Advertising and Promotion of Contract - Bidder shall not advertise or publish information concerning this solicitation prior
to an award being announced by 1GPA. After award, contractor(s) may advertise the availability of products and services
to Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance.
Administration Fee - iGPA has an Administrative Fee of .01 (1%). The Administrative Fee shall be included in the offeror’s
net pricing and is the responsibility of the contractor. Vendor shalll not add the administration fee to approved contract prices
post award. The Administrative Fee shall be a part of the Vendor's unit prices and is not to be charged directly to the customer
in the form of a separate line item.
Usage Reports - The Usage Report will be the established communication between the awarded contractor and 1GPA of
all contract activity. The contractor shall provide contract Usage Reports to 1GPA on a regular schedule as established by
the contractor. 1GPA will accept Monthly or Quarterly reporting arrangements which shall be made at the time of contract
award.
Submission of Usage Reports — Within ten (10) days following the end of the arranged reporting schedule, the contractor
shall submit their Usage Report electronically via email to: maiken@1gpa.org.
Purchase Crders/Contracts - All purchase orders and/or contracts issued to the contractor in reference to 1GPA shall be
submitted at the same time as the Usage Report. All purchase orders and/or contracts should be zipped in a single file and
submitted as an attachment in the same email as the usage report in which they are referenced. 1GPA is audited on an
annual basis & documentation is necessary for compliance. Failure to submit purchase orders and/or contracts may result
in contract cancellation.
Invoicing of Administration Fee ~ Upon receipt of contractor's Usage Report, 1GPA will generate an invoice which is
calculated as: Administrative Fee (1%) multiplied by the Total Sales Transactions as stated in the Usage Report.
Contractor's failure to remit administrative fees in a timely manner consistent with the contract's requirements may result in
14GPA exercising any recourse available under the contract or as provided for by law. All administrative fees not paid when
due shall bear interest at a rate of 1 1/2% per month until paid in full
Administrative Fees shaii be paid to “1GPA” and mailed to:
4910 W. Washington Street
Phoenix, AZ 85009
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UNIFORM TERMS AND CONDITIONS
Costs and Payments
A.
Ordering Procedures - Purchase Orders are issued by 1GPA members to the Vendor according to this Contract. Members
and Vendors must send Purchase Orders to 1GPA at maiken@1qpa.org.
Billings - Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable
Member purchase order and 1GPA contract number. Contractor will invoice Member directly.
Payment — Payment terms are Net thirty (30) from receipt of Contractor's invoice
Progress Payments - 1GPA will permit Members to make progress payments under the following conditions:
1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order
2. Purchase order describes the amounts or percentages and the dates or frequency of payments
3. Payments are made in full compliance with Member's local goveming entity rules
Tax Indemnification - Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its
operation and any persons employed by the Contractor. Contractor shall, and require all Subcontractors to hold the Member
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 Worker's Compensation.
IRS W-9 - In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W-9 Form on file
with each Member.
Availability of Funds for the Next Fiscal Year - Funds may not presently be available for performance under this Contract
beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract
beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the
Member to make reasonable efforts to secure such funds.
Contract Changes
A.
Amendments - The Contract may be modified only through a Contract Amendment within the scope of the Contract signed
by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment
terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor
are violations of the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments,
shall be void and without effect, and the Contractor shall not be entitled to any claim and this Contract based on those
changes.
Subcontracts - The Contractor shall not enter into any Subcontract under this Contract without the advance written approval
of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.
Assignment and Delegation - Contractor shall not assign any right or interest nor delegate any duty under this Contract
without the prior written approval of 1GPA. 1GPA shall not unreasonably withhold approval.
Novation - If contractor 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. 1GPA reserves the right to accept or
reject any new party. A simple change of name agreement will not change the contractual obligations of contractor.
Contract Placed on Hold - 1GPA 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 contractor to address issues in the written
deficiency notice.
Risk and Liability
A.
1GPA
Risk of Loss - Contractor shall bear all loss of conforming material covered under this Contract until received by authorized
personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance.
The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt.
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UNIFORM TERMS AND CONDITIONS
B. General Indemnification - To the extent permitted by law, 1GPA and its Members shall be indemnified and held harmless
by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible
for its own negligence.
Cc. Indemnification - Patent and Copyright - To the extent permitted by law, Contractor shall indemnify and hold harmless
4GPA and its Members against any liability, including costs and expenses, for infringement of any patent, trademark, or
copyright arising out of Contract performance or use by the 1GPA or Member of materials furnished or work performed under
this Contract. 1GPA or Member shall reasonably notify the Contractor of any claim for which it may be liable under this
paragraph.
D. Force Majeure
4. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if
and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term “force
majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.
Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war, riots; strikes;
mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act
by government authority; and other similar occurrences beyond the control of the party declaring force majeure which
such party is unable to prevent by exercising reasonable diligence.
2. Force Majeure shall not include the following occurrences:
a. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold
condition of the market; or
b. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with
this force majeure term and condition; or
¢. Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds,
licenses, or permits.
3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the
other party in writing of such delay, as soon as is practicable and no later than the following working day, of the
commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered
or mailed certified-return receipt, and shall make a specific reference to this article, thereby invoking its provisions.
The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing
when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal
to the time that results or effects of such delay prevent the delayed party from performing in accordance with this
Contract.
4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim
for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure.
Warranties
A. Liens - The Contractor warrants that the materials supplied under this Contract are free of liens.
B. Quality - Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year
after acceptance by the School District/Public Entity of the materials or services, they shall be:
1. A quality to pass without objection in the trade under the Contract description;
2. Fit for the intended purposes for which the materials or services are used;
3. Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all
units;
4. Adequately contained, packaged and marked as the Contract may require; and
1GPA 22-12P Fencing Products and Services Page 14 of 36
UNIFORM TERMS AND CONDITIONS
5. Conform to the written promises or affirmations of fact made by the Contractor.
Fitness - Contractor warrants that any material or service supplied to 1GPA or its Members shall fully conform to all
requirements of the contract and all representations of the Contractor, and shall be fit for all purposes and uses required by
the Contract.
Inspection/Testing - The warranties set forth in in this section shall not affected by inspection or testing of, or payment for
the materials or services by 1GPA Members.
Compliance with Applicable Laws - The materials and services supplied under this Contract shall comply with all
applicable federal, state and local laws, and the Contractor shail maintain all applicable licenses and permits.
Survival of Rights and Obligations after Contract Expiration or Termination
Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this
Contract shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to
A.R.S. § 12-510, except as provided in A.R.S. § 12-529, 1GPA and its Members are not subject to or barred by any
limitations of actions prescribed in A.R.S. Title 12, Chapter 5.
Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and
Shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination
hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders
received prior to but not fully performed and satisfied at the expiration or termination of this Contract.
Contractual Remedies
A.
Right to Assurance - If 1GPA in good faith has reason to believe that the Contractor does not intend to, or is unable to
perform or continue performing under this Contract, 1GPA may demand in writing that the Contractor give a written
assurance of intent or ability to perform. Failure by the Contractor to provide written assurance within the number of days
specified in the demand may, at 1GPA’s option, be the basis for terminating the Contract under the Uniform General Terms
and Conditions.
Nonconforming Tender - Materials supplied under this Contract shall fully comply with the Contract. The delivery of
materials or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery
of nonconforming materials, 1GPA may terminate the Contract for default under applicable termination clauses in the
Contract, exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available
to it.
Right of Offset - 1GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or
costs incurred or damages assessed by 1GPA or its Members conceming the Contractor's nonconforming performance or
failure to perform the Contract, including expenses, costs and damages described in the Uniform General Terms and
Conditions.
Contract Termination
A.
1GPA
Cancellation for Conflict of Interest - Pursuant to A.R.S. 38-511 and R7-2-1087(F) 1GPA may cancel this Contract within
three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating,
negotiating, securing, drafting, or creating the Contract on behalf of 1GPA is, or becomes at any time while the Contract or
an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the
subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the
cancellation unless the notice specifies a later time.
Personal Gifts or Benefits - 1GPA may, by written notice, terminate the Contract, in whole or in part, if 1GPA determines
that any person or vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee who
supervised or participated in the planning, recommending, selecting or contracting of the Contract, in accordance with A.R.S.
§ 15-213(O) and R7-2-1087(G).
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UNIFORM TERMS AND CONDITIONS
10.
11.
Gratuities - 1GPA may, by written notice, terminate the Contract in whole or in part, if 1GPA determines that employment
or a gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of 1GPA
for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or
favorable treatment concerning the Contract, including making of any determination or decision about contract performance
in accordance with R7-2-1087(H).
Suspension or Debarment - 1GPA may, by written notice to the Contractor, immediately terminate this Contract if 1GPA
determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any
public procurement activity, including but not limited to, being disapproved as a Subcontractor of any public procurement
unit or other governmental body.
Termination for Convenience - 1GPA reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of its Members without penalty recourse. The Contractor shall be entitled to receive just and equitable
compensation for work in progress, work completed, and materials accepted before the effective date of the termination.
Cancellation for Non-Performance or Contractor Deficiency — 1GPA 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. 1GPA reserves the right
to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of
the contract. 1GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
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;
Failing to complete required work or furnish required materials/product within a reasonable amount of time;
Failing to make progress in performance of the contract and/or giving 1GPA reason to believe that the contractor will
not or cannot perform the requirements of the contract; and or
6. Performing work or providing services under the contract prior to receiving a Member's purchase order for such work.
OARONS
Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1GPA.
Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this
paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become
the property of the Member on demand.
Contractor Cancellation: Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1GPA
or on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice
of cancellation is received by 1GPA.
Continuation of Performance through Termination - The Contractor shall continue to perform, in accordance with the
requirements of the Contract, up to the date of termination, as directed in the termination notice.
Contract Claims
Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education
School District Procurement Code Rule A.A.C. R7-2-1155 through R7-2-1159.
Any dispute involving a 1GPA member and Vendor outside of Arizona shall be governed by the laws of the state of the
4GPA member, without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city,
county, and state of the 1GPA member.
Federal and State Requirement
A.
1GPA
Compliance with Federal and State Requirements - Vendor shall comply with all applicable federal, state, and local
laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws,
minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations.
Vendor shall comply, when working on any federally assisted projects with the following:
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UNIFORM TERMS AND CONDITIONS
Cc.
1GPA
The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 — 3708; 29 CFR Part 5)
Davis-Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5)
Copland Anti-Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5)
Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41CFR Chapter 60)
McNamara-O’Hara Service Contract Act (41 U.S.C. 351),
Section 306 of the Clean Air Act (42 U.S.C. § 1857h,
Section 508 of the Clean Water Act (33 U.S.C. § 1368),
Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15).
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part
200)
10. Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75-
77 and 81 ("EDGAR’),
11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.
871)
12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data
rights and those mandated by federal agencies making awards of federal funds to 1GPA members.
OBONDARONS>
Offshore Performance - Due to security and identity protection concerns, direct services under any subsequent contract
shall be performed within the borders of the United States. Any services that are described in the specifications or scope of
work that directly serve the school district(s) or charter school(s) or its clients and may involve access to secure or sensitive
data or personal client data or development or modification of software for the State shall be performed within the borders
of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or
“overhead” services, redundant back-up services or services that are incidental to the performance of the contract. This
provision applies to work performed by subcontractors at all tiers.
Contractor's Employment Eligibility - By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS
§ 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1GPA
or Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract.
1GPA or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1GPA or Member
suspect or find that the Contractor or any of its subcontractors are not in compliance, 1GPA or Member 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.
Davis-Bacon — For Federally funded projects subject to the Davis-Bacon Act, the Member shall specify the applicable Davis-
Bacon wage decision, prior to the contractor providing a firm price quotation for the proposed project. The wage decision
shall be identified by the WD Number, modification number, and date of the wage decision.
Fingerprint and Background Checks - In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any
employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual
school may be required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception
to this requirement may be made as authorized in governing board policy of the Member District.
Terrorism Country Divestments - Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a
company that is in violation of the Export Administration Act.
Registered Sex Offender Restrictions - For work to be performed at schools, contractor 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. Contractor 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. Contractor must
identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will
be provided at no additional charge.
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