DG16-001026_MARICOPA COUNTY_FULLY EXECUTED GA_10-21-15.PDF

Department of Economic Security
Your PartnerIbrA StrongerArizona
Douglas A. Ducey
Tim Jefferies
Governor
DES Director
October 29, 2015
Facilities Management Department
Reid Spaulding, Director of Facilities Management
401 W. Jefferson Street
Phoenix, Arizona 85003
RE:
Contract DG16-001026 for Vending Services Grantor Agreement
Dear Mr. Spaulding,
Enclosed is a fully-executed copy of your contract DG16-001026 with the Business Enterprise
Program of the Department of Economic Security, Rehabilitation Services Administration. If you
have any questions, please call Steven Baranowski, 602-774-9105.
Respectfully,
Steven Baranowski,
BEP Program & Project Specialist I
Enclosure
go:
Gontract file
3425 E. Van Buren, Suite 102, S/C 018D-4
Phone: (602) 774-9100, Fax: 602-250-8584

V
Department of Economic Security
Your T^uier ForAStrongerArizonQ
)
C'iO'iy-oot'3'OcJ
GRANTOR AGREEMENT (GOVERNMENTAL ENTITIES)
Grantor Agreement between the Arizona Department of Economic "Security (the "Grantee°)-for its division of
Rehabilitation Services Administration (RSA)/Business Enterprise Program (BEP) and Maricopa County, Arizona
(the "Grantor").
WHEREAS, the Department is duly authorized to execute and administer contracts under A.R.S. § 41-1954 and
Arizona Administrative Code, A.A.C. R6-4-302;
WHEREAS the Grantor has authority to enter into contracts pursuant to A.R.S. § 11-952; and,
WHEREAS the Grantor is the owner or lessee of the property(ies) identified in this Agreement that willbe granted
free of charges to Grantee for the operation of a merchandising/vending business by a licensed blind person; and
THEREFORE, the Grantee and the Grantor agree to abide by all the terms and conditions set forth in this
Agreement.
BY SIGNING THIS FORM ON BEHALF OF THE GRANTOR, THE SIGNATORY CERTIFIES HE/SHE HAS THE
AUTHORITY TO BIND THE GRANTOR TO THIS AGREEMENT.
FOR
AN
DEPART
BEHALF
OF
THE
ARIZONA
F ECONOMIC SECURITY
Prirr^d Name
Procurement Maaager
Title
Qcsr
2-A
\jS_
Date
On\cD-^\o
ADES Contract Number
Page 1 of 8
HALF
OF
MARICOPA
Chairman , Board of Supervisors
ATTESTED;
Terk of the Board
SEP 2 3 2015
Legal Counsel
9-
Date
SEP 2 3 2015
Revised: 9-1-15
Government Entity

V
1.0
GRANTEE MISSION AND VISION STATEMENTS
1.1
GRANTEE Mission: ADES promotes the safety, well being, and self-sufficiency of children,adults, and
families.
1.2
GRANTEE Vision: Everychild, adult, and family in the State of Arizona will be safe and economically
secure.
2.0
PARTIES
2.1
This Agreement is between the Arizona Department of Economic Security (Grantee) and Maricopa County,
Arizona (the "Grantor").
2.2
RSA is the administration withinthe Department of Economic Security that provides Vocational
Rehabilitation (VR) services and independent Living (IL) services to individuals with various disabilities.
Through the provision of VR services, RSA assists individuals with disabilities in achieving permanent,
integrated, and competitive employment consistent with their strengths, resources, priorities, concerns,
abilities, capabilities, interests and informed choice. Through the provision of ILservices, RSA assists
eligible individuals to increase their ability to function independently in home and community.
2.3
BEP, as part of RSA, licenses individuals who are legally blind (also known as BEP Operators) to operate
food service businesses throughout the State of Arizona. In accordance with the Randolph-Sheppard Act
(P.L 93-516) as amended, BEP Operators have priorityfor merchandising business on Federal property.
Per the Arizona Revised Statute A.R.S. §23-504, BEP Operators have priority for merchandising business
on State, County, or other local government property. Business operations vary from small snack bars,
vending machines to large cafeterias. BEP is responsible for identifying potential business opportunities at
those facilities, negotiating agreements with the local government entities and private businesses,
designing and equipping facilities, and providing initial stocks and supplies. The individual BEP Operators
are not State of Arizona employees. RSA/BEP enters into an agreement with each BEP Operator.
3.0
TERMS OF AGREEMENT
3.1
TERM.
The term of this Agreement shall be effective on the date of the last signature. The initialterm of this
agreement is three (3) years. The Agreement can be renewed for additional terms of three years by mutual
assent of Grantee and the Grantor. The maximum length of this Agreement is fifteen (15) years.
3.2
TERMINATION
3.2.1
This Agreement may be terminated by mutual agreement of the Parties at any time during the term of the
Agreement.
3.2.2
Each party shall have the right to terminate this Agreement by written notice to the other Party of
termination at least thirty (30) days prior to the effective date of said termination.
4.0
AMENDMENTS OR MODIFICATIONS
4.1
This Agreement contains the entire agreement of the Parties and may not be changed orally but may be
changed or modified at any time by mutual agreement. No agent, employee or other representative of
either party is empowered to alter any of the terms of the Agreement, unless done in the form of a written
amendment to this Agreement signed by the authorized representative of the respective Parties.
4.2
Exceptions. Either party shall give written notice to the other party of any non-material alteration that
affects the provisions of this Agreement. Non-material alterations that do not require a written amendment
are as follows:
4.2.1
Change of telephone number(s).
4.2.2
Change in authorized signatory.
4.2.3
Change in the name and/or address(es) of the person(s) to whom notices are to be sent.
4.2.4
Changes to Attachment 1 which include but are not limited to:
1.
Additions and deletions of locations on any property owned or leased by the Grantor. Ailsuch changes
shall be reflected in a revised Attachment 1.
2.
Addition, replacement or removal of equipment or movement of equipment from one area of a location
to another, as in movement of a vending machine from one floor to another. E-maii is the preferred
method of updating Attachment 1.
Page 2 of 8
Revised: 9-1-15
Government Entity

5.0
PURPOSE OF AGREEMENT
5.1
The purpose of this Agreement is to mutually agree upon the:
5.1.1
Location(s) on the Grantor's property as stated in Attachment 1 that will be granted to Granteefree of
charges for operation of a merchandising/vending machine business; and
5.1.2
Roles and responsibilities of both Parties.
6.0
RESPONSIBILITIES
6.1
Grantee shall:
6.1.1
Assign a licensed BEP Operator to the agreed upon merchandising/vending business. Grantee may
replace the Operatorpursuantto BEP Policy and A.A.C. R6-4 Article 3 as may be amended, ifthe services
being provided bythe BEP Operator are documented to be unsatisfactory Grantee will appoint a qualified
temporary BEP Operator and/or replacement BEP Operator.
6.1.2
Assist the BEP Operator in establishing the merchandising/vending business, and furnishing and installing
necessary equipment. There will be no charge to the Grantorforfurnishing and installing the equipment.
6.1.3
All equipmentpurchased byGrantee will remain the property of Grantee and will be markedwith a Grantee
inventory tag. All equipmentpurchased byGrantee shall be amortized over the initial three year period of
this Agreement. The Grantorwill make available at all three food service locations any existingequipment
as is with no express or implied warranty, if Grantee determines to use any of the available equipment,
Grantee assumes the cost of maintenance and repair of the equipment. To the extent permissible under
A.R.S. § 41-621 et seq, and § 11-961 and not prohibited by A.R.S. § 35-154, each Partydoes hereby
indemnify and hold harmless the other Party, including any of the Parties' departments, agencies, officers,
employees, elected officials or agents, from any and all liability which is the result of the intentional
conduct, negligence, or omission ofthe indemnifying Party, its departments agencies, officers, employees,
elected officials or agents, in connection with the performance oftheir respective responsibilitiesunder this
Agreement.
6.1.4
Grantee will not add any vending machines without priorapproval of the Grantor. Vending machine
changes will be reflected in a revised Attachment 1.
6.1.5
Obtain written consent from the Grantor priorto making any alterations, additions or improvements to any
merchandising/vending locations under this Agreement.
6.1.6
Respond within forty-eight(48) hours of notification by the Grantor to issues concerning the maintenance
and operation of the equipment/vending machines. Response by email is acceptable and preferred.
6.1.7
Respond within forty-eight (48) hours of notification by the Grantor to issues concerning the BEP Operator,
maintenance and operabon of the equipment/vending machines and the provision of food and beverage
service. Response by email is acceptable and preferred.
6.1.8
Correct any deficiencies In the observation or performance of any terms and conditions or provisions of this
Agreement within thirty (30) days after receipt of written notice of the deficiency (ies). Ifmore than thirty
(30)days are reasonably required to cure the deficiency, (as per A.A.C. R6-4-315and R6-4-325as may be
amended), then Grantee will not be deemed to be in default ifthe cure was commenced within the thirty
(30)day periodand Itis diligently pursued to its completion. Notwithstanding the foregoing, in the event the
Grantor determines that performance under this Agreement by Grantee or the BEP Operator constitutes a
hazard to health or safety, the Grantor may require the immediate cure of the deficiency and in Its sole
discretion suspend operations at the facility until the cure is accomplished or terminate this Agreement.
6.1.9
Make all reasonable efforts to repair defective equipment/vending machines. Grantee will issue a request
for repairservice of equipment/machine within twenty-four (24) hours of detecting defect or upon receipt of
a notice from the Grantor. If a licensed technician determines that the equipment/machine is unserviceable
the BEP Manager or his/her delegate will make provisions forthe machine replacement and/or disposal
accordingly.
6.1.10
Make all reasonable efforts that any Grantee owned vending machines/equipment is/are moved withinten
(10) business days from the date of receipt of a written request from the Grantor. Grantee assumes full
responsibility for equipment and or its condition and the vending products within each machine ifthe
Grantor be required to move the equipment on behalf of Grantee due to the failure of BEP to move the
specified equipment within the ten (10) day period after notice from the Grantor is received.
6.1.11
Conduct an annual survey of Grantor user's to determine their level of satisfaction with quality of services
offered by BEP operators for both vending and food services by location. Using the survey information,
prepare an action plan to address any area(s) of dissatisfaction that receive a satisfaction score of less
than 80%. Provide survey methodology, survey results and any action plans to the Grantor no later than
June 30"^ ofeach yearthis agreement remains in effect.
Page 3 of 8
Revised: 9-1-15
Government Entity

6.1.12
Direct the BEP Operator to coordinate with the Grantor's designated representative concerning access to
the facility and the security of the premises during and after regular business hours in relation to the
merchandising/vending iocations reflected under this Agreement This will entail compliance with any
additional personnel testing, screening, background checks, etc., which may be required of other Grantee
Contractor personnel providing vendor machine services having routine access to the facility.
6.1.13
Direct the BEF Operator provide services as follows;
1.
Operate those merchandising/vending services on the Grantor's premises stated in Attachment 1 of
this Agreement.
2.
Comply vw'th all Arizona Department of Health Services regulations, county heaith regulations and other
regulations applicable to the operations of the merchandising/vending business.
3.
Comply with all statutes, rules, orders, codes, ordinances and regulations applicable to the operation of
the business and the premises.
4.
Maintain insurance and other employee insurance policies as required by law and stated in the BEP
Operator Agreement. The State of Arizona, Grantee and the Grantor shall be named as additional
insured on the liability insurance policy.
5.
Provide evidence of any security clearances if required in this Agreement.
6.
Maintain the operation of the business during mutually agreed upon business hours as stated in
Attachment 1.
7.
Establish and maintain direct contact with the designated Grantor representative(s) in order to resolve
operational issues or concerns.
8.
Respond within forty-eight (48) hours of notification by the Grantor to issues concerning the conduct of
BEP Operator, maintenance and operation of the equipment/food and beverage service and/or vending
machines. Response by email is acceptable and preferred. The BEP Operator shall also maintain
direct contact with a designated Grantor Representative to resolve any operational issues or concerns.
9.
Maintain all equipment in good working order, service them as needed, repair or replace all broken
parts when applicable and maintain them in a clean, orderly and sanitary condition so as to not detract
from or deteriorate building appearance.
10. Empty regularly all trash from each food service/vending location into receptacles as designated by the
Grantor.
11. Pay for any long distance phone service accrued for each food service location if using phone service
provided by the Grantor.
12. Confirm that weight on any floor at any site does not exceed the load limitestablished by the Grantor, if
applicable.
13. Handle customer requests to replenish inventory, and make refunds for lost coins or unsatisfactory
products in a prompt and courteous manner. Refund notice will be posted on each vending machine.
Each manned location shall provide a posted number/website for comments to be submitted as to the
service provided.
14. Provide vending services as follows:
1.
Price vending products in accordance with the average market value of the same or like products
plus BEP markup. These items may include but are not limited to; hot beverages, cold drinks,
candy, pastries, sandwiches/cold foods or frozen items, snacks, and other convenience items.
2.
Comply with the County's guidelines for providing food, snacks and beverages that meet the
County's established nutrient criteria. At least 50% of food, snack and beverage products offered
for sale at each specific location or vending machine will meet the County's criteria as "healthier"
options.
3.
Utilize popular brands of food and drinks and accommodate reasonable requests by the Grantor to
stock specific products in vending equipment.
4.
Provide fresh products within the dates stamped on the package(s).
5.
Service and restock all vending equipment in accordance with the requirements listed in
Attachment 1.
6.
Not use vending machines that dispense alcohol, tobacco products, or medications.
6.2
The Grantor shall:
6.2.1
Provide and pay security, space and utilities (gas, water, sewer, electricity) or other assessment for the
operation of the merchandising/vending business at no cost to Grantee or the BEP Operator as follows:
1.
Provide at least sixteen square feet (16 SF) for each vending machine.
2.
When reasonable and subject to funding limitations, provide water and electricity ifapplicable, to within
three (3) feet of vending equipment in areas at locations identified in Attachment 1.
page 4 of 8
Revised; 9-1-15
Government Entity

3.
When reasonable and subject to funding limitations, install water !ine(s) prior to installation of vending
equipment when applicable. Water Line shall have an appropriate size shut off valve with an
appropriate size compression fitting on the end.
4.
When reasonable and subject to funding limitations, provide electrical outlets that are a minimum of 15
Amp and at best, a dedicated circuit for each outlet with one outlet for each machine. Minimum of
dedicated circuits is one for each compressor operated piece of equipment such as frozen food, hot
beverages, cold food, and/or soda machines. Frozen food and hot beverage machines require not less
than a 20 Amp dedicated circuit and a 5-20R electrical receptacle (NEMA configurations).
5.
Provide receptacles for trash and or recyclable items.
6.
Provide backup systems to support fire and security systems, and access to and out of rooms and
buildings in the event of interruption of utilities. This includes evacuation plans for the assistance to the
individuals with physical disabilities and the individuals who are blind.
6.2.2
Cooperate with and allow Grantee to furnish and install equipment and/or services as deemed necessary
for merchandisingArending business operation.
6.2.3
Furnish Grantee any documents and information deemed necessary for successful business operation
(e.g. floor plans, electrical plans, minutes related to the BEP Operations).
6.2.4
When reasonable and subject to funding limitations, provide access to the BEP Operator and its personnel
during and after regular business hours as necessary. Access shall be mutually agreed upon and in
writing. Allsecurity shall be the responsibility of the Grantor.
6.2.5
Allowthe BEP Operator to have direct contact with the designated Grantor Representative.
6.2.6
Notify the Grantee designated contact person and the BEP Operator ifany concerns arise in respect to
food selection, inventory or other service issues in order to promote good customer service. Submit any
request for changes in the merchandising/vending service products/inventory or hours in writing to the
designated Grantee contact person and/or the BEP Operator.
6.2.7
Notify the BEP Operator of events that may warrant replenishment of inventory outside of regular stocking
schedule.
6.2.8
Notify the BEP Operator about any requirements concerning access to the facilityand the security of the
premises during and after regular business hours in relation to the merchandising/vending locations
reflected under this Agreement. This shall entail compliance with any additional personnel testing,
screening, background checks, etc., which may be required of other Grantee Contractor personnel
providing vending machine service having routine access to the facility.
6.2.9
Not move or cause to be moved equipment/machines from their specified location(s) without agreement or
exigent circumstances.
1.
Inthe event that equipment/machines need to be moved either permanently or temporarily, the
designated Grantee contact person shall be notified in writing to move the machine or machines within
ten (10) business days prior to date and time of required move in order for Grantee to acquire a
contractor to move the equipment. The notification requirement does not apply to situations that arise
which require equipment/machines to be moved to address or mitigate an immediate maintenance,
security, or repair issue.
2.
Except as provided in 6.2.9.1 above, in the event that vending machines/equipment is/are moved by or
at the request of the Grantor, the Grantor shall accept full responsibility for all damage to equipment
and product up to full replacement of equipment and or vending products resulting in loss. Damages to
equipment will be assessed in writing by a licensed repair contractor, contracted by the Grantee for
purposes of assessing the cost of damage and or loss. Product loss assessment shall be accepted by
the Grantor as cause for reimbursement when presented with an itemized list in writing by the BEP
Operator and confirmed in writing by the BEP Manager or his/her delegate. The Grantor agrees to
reimburse the vending equipment owner for damages of equipment and /or resulting product loss in
accordance with this paragraph.
6.2.10
Respond to requests and or correspondence from Grantee or BEP Operator not to exceed forty-eight (48)
hours. Response by email is acceptable and preferred.
6.2.11
On request for cafeterias, provide Grantee with the current employee population for each locations
identified in Attachment 1.
6.2.12
Grant exclusive rights for food, snack and beverage sales to BEP at all locations cited in Attachment 1 of
this Agreement.
1.
The Grantor will make a reasonable effort to prohibit commercial sales of food, snacks and/or
beverages in the premises covered by the Grantor Agreement by anyone other than BEP.
Grantee
acknowledges that Grantor does not currently have, and does not intend to seek, funding for resources
necessary to monitor vending and commercial sale of food, snacks and beverages in Grantor's
premises.
Page 5 of 8
Revised: 9-1-15
Government Entity

2.
The only exception is periodic departmental sales for charitable donations, Grantor premises currently
served by food, snack or beverage vendors who entered into contracts prior to this agreement until
such time as the initial contract term expires, and the Grantor events/meetings requiring catering
services.
7.0
PAYMENT
7.1
There will be no payment under this Agreement. The Grantor shall not charge any rent or other
assessment for use or occupancy of the space granted for the operation of the merchandising/vending
machine business by licensed blind persons.
8.0
NOTICES
8.1
Any and ail notices required or permitted under this Agreement shall be given in writing and personally
delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a
recognized overnight delivery service.
8.2
All notices to the Grantor regarding this Agreement shall be sent to the following addresses:
1.
Maricopa County
ATTN: Facilities Management Department
401 W. Jefferson Street
Phoenix, Arizona 85003
Phone: (602)506-8227
2.
Maricopa County
ATTN: County Manager
301 W. JeffersonStreet, lO"* Floor
Phoenix, Arizona 85003
3.
Maricopa County
ATTN: Clerk of the Board of Supervisors
301 W. Jefferson Street, 10*" Floor
Phoenix, Arizona 85003
4.
Maricopa County
ATTN: Civil Division
234 N. Central Avenue, Suite 1100
Phoenix, Arizona 85004
8.3
All notices to the Grantee regarding the merchandising/vending machine business under this Agreement
shall be sent to the following addresses:
1.
Rehabilitation Services Administration, Business Enterprise Program
ATTN: BEP Manager
3425 East Van Buren
Suite 102, Site Code 018-D4
Phoenix, AZ 85008-6847
Phone Number (602) 774-9100
TTY Number; (855) 475-8194
FAX Number: (602) 250-8584
2.
Rehabilitation Services Administration
Attention: SBVI Manager
PO Box 6123, Site Code 930A
Phoenix, Arizona 85005-6123
8.4
Grantee and the Grantor will provide the contact person's name and email address to the other Party.
Updates on this information may be provided by email to the other Party.
Page 6 of 8
Revised: 9-1-15
Government Entity

9.0
APPLICABLE LAW
9.1
This Agreement shall be governed and interpreted by the laws of the State of Arizona. The materials and
services supplied under this Agreement shaii comply with ail applicable Federal, State and local laws, and
the Grantee and Grantor shaii maintain ail applicable licenses and permit requirements.
9.2
The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that:
a.
Any contractor or subcontractor who is contracted by a Party to perform work related to this
Agreement shall warrant their compliance with all federal immigrations laws and regulations that
relate to their employees and their compliance with A.R.S. § 23214(A).
b.
That any breach of warranty, shaii be deemed a material breach of the contract that is subject to
penalties up to and including termination of the contract.
c.
The Parties retain the legal right to inspect the papers of any contractor's or subcontractor's
employee who performs work related to this Agreement to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees to make all
papers and employment records of said employee available during normal working hours in order
to facilitate such an inspection.
d.
Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the
Parties to this Agreement.
10.0
ARBITRATION
10.1
The Parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement
through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. §12-
1518 except as may be required by other applicable statutes.
11.0
AUDIT
11.1
In accordance withA.R.S. §35-214, the Grantee shaii retain and shall contractually require each
subcontractor to retain ail data, books and other records ("records") relating to this Agreement for a period
of six (6) years after the completion of the Agreement. AN records shall be subject to inspection and audit
by the Grantee at reasonable times. Upon request, the Grantee shall produce the original of any or all
such records.
12.0
AVAILABILITY OF FUNDS FOR THE CURRENT STATE FISCAL YEAR
12.1
The Grantee shall have the sole and unfettered discretion in determining the availability of funds.
13.0
AVAILABILITY OF FUNDS FOR THE NEXT STATE FISCAL YEAR
13.1
Funds may not presently be available for performance under this Agreement beyond the current state fiscal
year. Iffunds are not allocated and available for the continuance of this Agreement, this Agreement may
be terminated by either Party at the end of the period for which funds are available,
13.2
No liability shall accrue to either Party in the event this provision is exercised, and neither Party shaii be
obligated or liable for any future payments of for any damages as a result of termination under this
paragraph.
14.0
CANCELLATION FOR CONFLICT OF INTEREST
14.1
In accordance with A.R.S. §38-511, either Party may, within three years after execution, cancel the
Agreement, without penalty or further obligation, ifany person significantly involved in initiating, negotiating,
securing, drafting or creating the Agreement on behalf of either Party, at any time while the Agreement is in
effect, becomes an employee or agent of any other party to the Agreement in any capacity or a consultant
to any other party to the Agreement with respect to the matter of the Agreement.
15.0
FORCE MAJEURE
15.1
Except for payment of sums due, neither party shall be liable to the other nor deemed In default under this
agreement ifand to the extent that such party's performance of this agreement 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; injunctions-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.
Page 7 of 8
Revised: 9-1-15
Government Entity

16.0
INDEMNIFICATION AND INSURANCE
16.1
Each Party to this Agreement is responsible for its own negligence.
16.2
The Grantee will require that the BEP Operator
16.2.1
Prior to the commencement of services, provides to the Grantor;
1. Acopyofa valid insurance certificate as evidence of primary and non-contributory liability insurance,
naming the State ofArizona/Grantee and the Grantor as additionalinsured. The insurance certificate
shall identify the Agreement number and providefor 30 days' advance notice of any materialchanges,
cancellation, termination or expiration,
2,
A copy of a valid worker's compensation certificate.
16.2.2
Maintains valid ihsurance and worker's compensation coverage.
17.0
NON-AVAILABILITY OF FUNDS
17.1
in accordance withA.R.S. §35-154, every payment obligationof either Party under the Agreement is
conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds
are not allocated and available for the continuance of this Agreement, this Agreement may be terminated
byeither Party at the end of the periodforwhich funds are available. No liability shall accrue to either Party
in the event his provision is exercised, and neither Party shall be obligated or liable for any future payments
or for any damages as a result of termination under this paragraph.
18.0
NON-DISCRIMINATION
18.1
in accordance withA.R.S. §41-1461 et seq. and Executive Order 2009-09, both Party's shall provide equal
employmentopportunitiesfor all persons, regardless of race, color, religion, creed, sex, age, national
origin, disability or political affiliation. Both Party's shall comply withTitleVI of the Civil Rights Act of 1964
as amended, Section 504 of the Rehabilitation Act of 1973, as amended and the Americans with
Disabilities Act, as amended.
19.0
ASSIGNMENT
19.1
Exceptas expressly provided herein, no Party may delegate or assign its rightsor responsibilities under
this Agreement without priorwritten approval of the other Party and any purported assignment or
delegation in violation of this provision shall be void.
20.0
Waiver of Rights
20.1
The failure of either Party to insist in any one or more instances upon the full and complete performance of
any of the terms and provisions of this Agreement to be performed bythe other Party or to take any action
permitted as a result thereof shall not be construed as a waiver or relinquishment of the rightto insist upon
full and complete performance of the same or any other covenant or condition either in the past or in the
future. The acceptance by either Party of sums less than may be due and owing at any time shall not be
construed as an accord and satisfaction,
21.0
THIRD PARTY BENEFICIARY
21.1
Nothing in this Agreement is intended to create any third party beneficiary rights and the Grantee and
Grantor expressly state that this Agreement does not create any third party rights of enforcement.
22.0
ATTACHMENTS
22.1
The following attachment is part of this Agreement:
1,
Attachment 1 MerchandisingA/ending Business Facility Location,
Page 8 of 8
Revised: 9-1-15
Government Entity

ATTACHMENT 1
Revised 7/23/15
MERCHANDISING/ BUSINESS
FACILITY LOCATION
SE REGIONAL CENTER
1
B
C
D
E
F
G
H
1
J
K
L
M
1
Grantor's Name
MaricopaCounty Board of Supervisors
2
Grantor Agreement Number
DG16-001026
3
Grantor's Contract Person
Reid Spauiding
Ph:
602- 506-8227
Ema ReidSDauidina(5)maii.maricoDa.aov
4
Grantor's Operations Rep.
Tanya Luther
Ph:
602-506-7933
Ema
5
BEPProgram Manager
Jason Bauer
Ph:
602-774-9100
Ema isauerfiiazdes.aov
6
BEPOperator /Vendor
DougRichardson
Ph:
602-679-3432
Ema snackersvend(®msn.com
7
BEPOperator's Consultant
Victor Flores
Ph:
602-774-9117
Ema VictorFiores(®azdes.aov>
8
9
Location
Site Address
Snack
CoidBeverage
HotBeverage
Combo:Bevg&
nk
ColdFood
FrozenFood
BilChanger
MicroMarket
Cafeteria
SnackBar
10 SE Regional Center
222 E. Javeiina, Mesa
1
11
Juvenile Corrections
1810 8. Lewis, Mesa
1
2
1
12
Juvenile Detention
1840 S. Lewis, Mesa
2
1
1
13
14
15
16
17
18
19
20
21
22
23
i
24
25
26
27
28
29
VENDING MACHINE TOTAL
8
3
3
1
1
Page 1
Replenishment Schedule - Vending minimum once perweek; Avanti Markets minimum twice per week based on usage.

ATTACHMENT 1
Revised 7/22/15
MERCHANDISING/ BUSINESS
FACILITY LOCATION
DURANGO
1
A
B
C
D
E
F
G
H
1
J
K
L
M
1
Grantor's Name
Maricopa County Board of Supervisors
2
Grantor Agreement Number
DG16-001026
3
Grantor's Contract Person
Raid Spaulding
Ph
602- 506-8227
Ema ReidSoauldlnataimall.marlcoDa.aov
4
Grantor's Operations Rep.
Ph
Ema
5
BEP Program Manager
Jason Bauer
Ph
602-774-9100
Ema IsauertSazdes.gov
6
BEP Operator A/endor
Tim Mead
Ph
602-722-1933
Ema tmead^cox.net
7
BEPOperator's Consultant
Victor Floras
Ph
602-774-9117
Ema VictorFloras(®azdas.aov>
8
9
Location
Site Address
Snack
ColdBeverage
HotBeverage
Combo;Bevg&
nk
ColdFood
FrozenFood
BilChanger
MicroMarket
BrandedServices
SnackBar
10 Cradle toCrayons
3445 W. Durango
2
11 Durango Adult Probation
3355West Durango
1
12 Durango MC Animal Care &Control
25005 8.27th Avenue, Phoenix,
1
1
1
13 Durango Jail Minimum Security
3225 W Gibson Lane, Phoenix
1
2
1
14 Durango LBJ Adult Detention
3250W.Lower Buckeye
1
15 Durango Grill
3341 WDurango
1
1
16 Durango Estrella Brkrm
2939WestDurango
1
2
1
17 Durango Estrella Outside
2939West Durango
1
1
18 Durango Flood Control District
2801 West Durango
: 1
1
1
19 Durango Flood Control Ops
2801 West Durango
1
20 Durango Juvenile Probation Admin
3125 WDurango
1
1
21
Durango Juvenile Probation Brkrm
3125WDurango
1
1
22
Durango Juvenile Probation Lobby
3125 W. Durango
1
1
23
Durango Juvenile Courts Admin
Brkroom
3131 W.t Durango
1
24 Durango JuvenileCourtsLobby
3131 W. Durango
j 1
25 Durango Juvenile Detention
3131 W. Durango
! 1
1
26 Durango Lower Buckeye Jail(LBJ) 101
3250W. Lower Buckeye Rd.
1
1
1
27
Durango LBJ 2nd Adult Detention
3250W. Lower Buckeye Rd.
1
28 Durango LBJ 2ndCMS Admin
3250 W. Lower Buckeye Rd
- -
1
29 Durango LBJ 2nd Detention Complex
3250 W. Lower Buckeye Rd.
1
Page 1
Replenishment Schedule- Vending minimum once per week; Avanti Markets minimum twice perweek based on usage.

ATTACHMENT 1
Revised 7/22/15
MERCHANDISING/ BUSINESS
FACILITY LOCATION
DURANGO
A
B
C
D
E
F
G
H
1
j
K
L
M
9
Location
Site Address
Snack
CoidBeverage
HotBeverage
Combo;Bevg&
nk
CoidFood
FrozenFood
BilChanger
MicroMarket
BrandedServices
SnackBar
30 Durango LBJ 2nd RJB
3250 W. Lower BuckeyeRd.
1
31 Durango LBJ Clinic
3250 W. Lower Buckeye Rd.
1
32 Durango LBJ intake
3250 W. Lower Buckeye Rd.
1
33 Durango LBJ SelfSurrender
3250 W. Lower Buckeye Rd.
1
34 Durango MC FMD Ops/Mainttenance
2401 S. 28th Drive
1
35 Durango McDOT ComEmployee Enterr
2901 W. Durango
1
1
36 Durango McDOT Dur Comp2nd Fir
2901 W. Durango
1
1
37 Durango McDOT Highway Operations
2919W. Durango
1
1
38 Durango McDOT Procurement
2222 S. 27th Avenue
1
1
39
MC Equip Srvcs DeptBrkRm 1st Fi.
3325W. Durango Street
1
40 Durango Radio Shop
3324 W. Gibson
1
41 Durango Personnel Breakroom
3125W. Durango
1
1
42
Durango Towers Brkrm
3127 W. Gibson
1
43
Durango Towers Lobby
3127 W. Gibson
1
1
44 Durango Vector Control
3220 W. Gibson
1
45
Durango WestDurango Maint. Yard
2209W. Durango
1
1
1
46
i
47
]
48
49
50
51
52
1
53
i
54
55
VENDING MACHINE TOTAL
64
19
31
9
5
1
1
Page 2
Replenishment Schedule- Vending minimum once per week; Avanti Markets minimum twice per week based on usage.

ATTACHMENT 1
Revised 7/22/15
MERCHANDISING/ BUSINESS
FACILITY LOCATION
VARIOUS COURTS OTHER
1
A
B
C
D
E
P
G
H
1
J
K
L
M
1
Grantor's Name
MaricopaCounty Board of Supervisors
2
Grantor Agreement Number
DG16-001026
3
Grantor's Contract Person
RaidSpaulding
Ph:
602- 506-8227
Ema RaidSDauldinatSmail.maricoDa.aov
4
Grantor's Operations Rep.
Tim Mead
Ph:
602-722-1933
Ema tmead(5)cox.net
5
BEPProgram Manager
Jason Bauer
Ph:
602-774-9100
Ema isauertffiazdes.gov
6
BEPOperator /Vendor
Tim Mead
Ph:
602-722-1933
Ema tmead(S)cox.net
7
BEPOperator's Consultant
Victor Floras
Ph:
602-774-9117
Ema VictorFlores(S)azdes.aov>
8
9
Location
Site Address
Snack
CoidBeverage
HotBeverage
Combo:Bevg&
nk
CoidFood
FrozenFood
BiliChanger
MicroMarket
Cafeteria-
Branded
SnackBar-
Branded
10
MO Justic Court Bsmnt
1 W, Madison
3
3
11
MC East Court Bid - LL
101 W. Jefferson
1
12
MC East Court Bid - 5th PI
101 W. Jefferson
1
13
MC West Court Bid - LL
111 S. ThirdAve,
1
1
1
14
MCOId Court House 1st PI
125W.Washington
1
15
MC Old Court House Bsmnt
125 W. Washington
1
1
1
1
1
16
MC N.W. Regional Center
14264WTierra,Surprise
3 ^
17 Maricopa Health
1645 E. Roosvelt
1
18
MC South Court Tower-1st F1
175 W. Madison St
1
1
1
19
MC South Court Tower-2nd Pi
175 W. Madison St
1
1
20
MC South Court Tower - JuryRoom
175 W. Madison St.
2
2
1
21
MC South Court Tower-3rd PI
175 W. Madison St.
1
1
22
MCth South Court Tower-12th PI
175 W. Madison St.
1
1
23
MC N.E. Court
18340 N40TH ST
1
1
24
4th Avenue Jail - Break Room
201 S. 4th Avenue, Phoenix
2
2
25
4th Avenue Jail - Court
201 S. 4th Avenue, Phoenix
1
26 4thAvenue Jail- Bsmnt Hallway
201 S. 4th Avenue, Phoenix
1
27
4th Avenue Jail - Intake
201 S. 4th Avenue, Phoenix
1
1
28
MC Pourth Avenue Jail - 3rd PI Mesnia
201 S. 4th Avenue, Phoenix
1
2
29
MC Pourth Avenue Jail - 2nd Mesnia
201 S. 4th Avenue, Phoenix
1
1
Replenishment Schedule- Vending minimum once perweek; Avanti Markets minimum twice per weekbased on usage.

ATTACHMENT 1
Revised 7/22/15
MERCHANDISING/ BUSINESS
FACILITY LOCATION
VARIOUS COURTS OTHER
1
A
B
C
D
E
F
G
H
1
J
K
L
M
9
Location
Site Address
Snack
ColdBeverage
HotBeverage
Combo:Bevg&
nk
ColdFood
FrozenFood
BilChanger
MicroMarket
Cafeteria-
Branded
SnackBar-
Branded
30 MC Central Court Building- 2nd PI
201 W. Jefferson
1
1
31
MC CentralCourt Building - Bsmnt
201W. Jefferson
1
2
32
MC Headstart
2150S. Country Club Ste 7, Mesa
1
1
33
MC Security Center-2nd Fl
222 N. Central, Phoenix
1
34 MC SecurityCenter-5th Fl
222 N.Central, Phoenix
1
35
MC Security Center-6th Fl
222 N.Central, Phoenix
1
1
36
MC Security Building1A-11th Fl
222 N. Central, Phoenix
1
1
37
MC Security Building
230 S.12th Avenue, Phoenix
1
1
1
38
MC Adult Probation
2445 W. Indianola Ave. Phoenix
1
39
MC Administration Building- 2nd Fl
301 W. Jefferson Street, Phoenix
1
1
1
40
MC AdministrationBuilding - 4th Fl
301 W. Jefferson Street, Phoenix
1
41
MC Administration Building - 6th Fl
301 W. Jefferson Street, Phoenix
1
42
MC Administration Building- 7th Fl
301 W. Jefferson Street, Phoenix
1
43
MC Administration Building - 10th Fl
301 W. Jefferson Street, Phoenix
1
44
MC Chambers Building- 5th Fl
301W. Jefferson Street, Phoenix,
1
45
MC Chambers Warehouse
301 S. 4TH AVENUE PHOENIX
46
MC Chambers Building- 8th Fl
301W. Jefferson Street, Phoenix
1
47
MC Adult Probation
3535 S. 7th St., Phoenix
1
48
MC FMD/Park /Central Serve Brkrm
401W. Jefferson, Phoenix
1
1
49
MC Assessor's Office
501 W JACKSON
1
1
50
MC Clerk Courts & Records Cntrlst Fl
601W. Jackson St., Phoenix
1
51
MCCIerk Courts & Records Cntr - Bmnt
601 W. Jackson St., Phoenix
1
2
52
MC Downtown Consolidated Campus-1 Fl
620 W. Jackson, Phoenix
1
1
I
53
MC Downtown Consolidated Campus-2 Fl
620 W. Jackson , Phoenix
1
1
54
MC Downtown Consolidated Campus-3 Fl
620 W. Jackson , Phoenix
1
55
MC Downtown Consolidated Campus-4 Fl
620 W. Jackson , Phoenix
1
56
MC Downtown Consolidated Campus-5 Fl
620 W. Jackson, Phoenix
1
i
Pagp
Replenishment Schedule - Vending minimum once perweek; Avanti Markets minimum twice per weekbased on usage.

ATTACHMENT 1
Revised 7/22/15
MERCHANDISING/ BUSINESS
FACILITY LOCATION
VARIOUS COURTS OTHER
A
B
C
D
E
F
G
H
1
J
K
L
M
9
Location
Site Address
Snack
ColdBeverage
HotBeverage
Combo:Bevg&
nk
ColdFood
FrozenFood
BilChanger
MicroMarket
Cafeteria•
Branded
SnackBar-
Branded
57
MC Downtown Consolidated Campus-9 Pi
620 W. Jackson, Phoenix
1
58
MC Forensics Science Building- Bsmnt
701 W. Jefferson St., Phoenix
1
59
MC Forensics Science Buiid ing- 1st Fi
701W. Jefferson SL, Phoenix
1
60
MC Forensics Science Buiiding - 2nd F
701W. Jefferson St., Phoenix
1
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
i
77
78
79
80
VENDING MACHINE TOTALS
93
33
46
13
1
1
1
81
82
83
i
Page 3
Replenishment Schedule - Vending minimum onceperweek; Avanti Markets minimum twice perweek based on usage.