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260088-S
PAINTING SERVICES
LAST REVISION: June 24, 2026
CONTRACT END: June 30, 2028
CONTRACT PERIOD THROUGH JUNE 30, 2028
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for PAINTING SERVICES
Attached to this letter is published an effective purchasing contract for products
and/or services to be supplied to Maricopa County activities as awarded by Maricopa
County on June 24, 2026 (Eff. 06/30/2026).
All purchases of products and/or services listed on the attached pages of this letter
are to be obtained from the vendor holding the contract. Individuals are responsible to
the vendor for purchases made outside of contracts. The contract period is indicated
above.
AL/mm
Attach
Copy to:
Office of Procurement Services
Russell Hopper, FMD
(Please remove Serial 200171-S from your contract notebooks)
SERIAL 260088-S
A & H PAINTING INC., P.O. BOX 10126, GLENDALE AZ 85318
COMPANY NAME:
A & H PAINTING, INC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
P.O. BOX 10126, Glendale AZ 85318
REMIT TO ADDRESS:
P.O. BOX 10126, Glendale AZ 85318
TELEPHONE NUMBER:
602-439-1484
WWW ADDRESS:
http://www.aandhpainting.com
CONTACT NAME:
Glenda Hernandez
CONTACT TELEPHONE NUMBER:
602-439-1484
CONTACT EMAIL ADDRESS:
Glenda@aandhpainting.com
UNIQUE ENTITY IDENTIFIER (UEI):
KT9LF3M4RFD5
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
1st Call
T & M PRICING SCHEDULE
UOM
PRICE
BIDDER
NOTES
T&M hourly rates include a one hour minimum per
call, then are billed in 15 minute increments
thereafter.
PAINTER, BUSINESS HOURS
HR
55
PAINTER, AFTER HOURS
HR
55
PAINTER, WEEKENDS AND HOLIDAYS
HR
55
HELPER, BUSINESS HOURS
HR
40
HELPER, AFTER HOURS
HR
40
HELPER, WEEKENDS AND HOLIDAYS
HR
40
DRYWALL PREP AND REPAIR, BUSINESS HOURS
HR
40
DRYWALL PREP AND REPAIR, AFTER HOURS
HR
40
DRYWALL PREP AND REPAIR, WEEKENDS AND
HOLIDAYS
HR
40
GENERAL PREP AND REPAIR, BUSINESS HOURS
HR
40
GENERAL PREP AND REPAIR, AFTER HOURS
HR
40
GENERAL PREP AND REPAIR, WEEKENDS AND
HOLIDAYS
HR
40
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT BUSINESS HOURS
HR
40
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT AFTER HOURS
HR
40
SERIAL 260088-S
A & H PAINTING INC.
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT WEEKENDS AND HOLIDAYS
HR
40
FLAT WALL PAINTING (PRICE IS ALL INCLUSIVE
AND INCLUDES ANY HELPERS)
Sq. Ft
1.4
TIME AND MATERIALS PARTS *Contractor shall
use whichever pricing is most advantageous to
the County at time of purchase
COST PLUS
LIST
MINUS
BIDDER
NOTES
MATERIALS (See solicitation under Article 3.2
Shipping Terms)
%
%
Dunn Edwards: Spartawall, Spartashield Acri Hues,
Aristoshield, ultra grip, EF-STOP
10
5
Sherwin Williams: A100, DTM, PM 200, LXM
Primer, Block Filler
10
3
TIME & MATERIALS
CONSUMABLES (Section 2.14)
Description
Responsibility
Contractor must provide all equipment,
consumables, tools
Allowance
Up to $25 per work order (with County approval)
Limitation
Anything above $25 is contractor’s expense
SUBMITTING FIRM: A & H PAINTING INC.DATE:05/19/2026
PRICING SHEET: 91054, 92967
Payment Terms:
2% 10 DAYS NET 30 DAYS
Vendor Number
VS0000011798
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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A & H PAINTING, INC.
81-0625080
Glenda W Hernandez - President
Glenda@aandhpainting.com
P.O. BOX 10126
(602) 439-1484
Glendale, AZ 85318
05/19/2026
https://aandhpainting.com/
$7(
87+25,=(' 6,*1$7
06/09/2026
387< &2817< $7725
SERIAL 260088-S
BWC ENTERPRISES INC. DBA: WOODRUFF CONSTRUCTION, 9401 N. 7TH AVE.,
PHOENIX, AZ 85021
COMPANY NAME:
BWC ENTERPRISES, INC.
DOING BUSINESS AS (dba):
WOODRUFF CONSTRUCTION
MAILING ADDRESS:
9401 N. 7TH AVE., PHOENIX, AZ 85021
REMIT TO ADDRESS:
9401 N. 7TH AVE., PHOENIX, AZ 85021
TELEPHONE NUMBER:
480-921-1925
WWW ADDRESS:
www.Woodruffaz.com
CONTACT NAME:
Wade Woodruff
CONTACT TELEPHONE NUMBER:
480.921.1925
CONTACT EMAIL ADDRESS:
Wade.woodruff@woodruff.com
UNIQUE ENTITY IDENTIFIER (UEI):
H13KYWG6L8K9
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
3rd Call
T & M PRICING SCHEDULE
UOM
PRICE
BIDDER NOTES
T&M hourly rates include a one hour minimum
per call, then are billed in 15 minute increments
thereafter.
PAINTER, BUSINESS HOURS
HR
$68.00
PAINTER, AFTER HOURS
HR
$85.00
PAINTER, WEEKENDS AND HOLIDAYS
HR
$102.00
HELPER, BUSINESS HOURS
HR
$58.00
HELPER, AFTER HOURS
HR
$75.00
HELPER, WEEKENDS AND HOLIDAYS
HR
$87.00
DRYWALL PREP AND REPAIR, BUSINESS
HOURS
HR
$69.00
DRYWALL PREP AND REPAIR, AFTER HOURS
HR
$86.00
DRYWALL PREP AND REPAIR, WEEKENDS AND
HOLIDAYS
HR
$103.00
GENERAL PREP AND REPAIR, BUSINESS HOURS
HR
$87.00
GENERAL PREP AND REPAIR, AFTER HOURS
HR
$69.00
GENERAL PREP AND REPAIR, WEEKENDS AND
HOLIDAYS
HR
$103.00
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT BUSINESS HOURS
HR
$75.00
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT AFTER HOURS
HR
$98.00
SERIAL 260088-S
BWC ENTERPRISES INC. DBA: WOODRUFF CONSTRUCTION
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT WEEKENDS AND HOLIDAYS
HR
$113.00
FLAT WALL PAINTING (PRICE IS ALL INCLUSIVE
AND INCLUDES ANY HELPERS)
Sq. Ft
$1.20
Same Color
only minimum
of 3,000 s.f.
TIME AND MATERIALS PARTS *Contractor
shall use whichever pricing is most
advantageous to the County at time of purchase
COST
PLUS
LIST
MINUS
BIDDER NOTES
MATERIALS (See solicitation under Article 3.2
Shipping Terms)
%
12%
TIME & MATERIALS
CONSUMABLES (Section 2.14)
Description
Responsibility
Contractor must provide all equipment,
consumables, tools
Allowance
Up to $25 per work order (with County approval)
Limitation
Anything above $25 is contractor’s expense
SUBMITTING FIRM: Woodruff Construction DATE: 05/19/2026
PRICING SHEET: 91054, 92967
Terms:
NET 30 DAYS
Vendor Number
VC0000007937
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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0$5,&23$ &2817<¶6 ³67$1'$5' 7(506 $1' &21',7,216´ $ &23< 2) :+,&+ &$1 %( )281' $7
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5(6321'(17 ),50 68%0,77,1*352326$/
)('(5$/7$;,'
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7(/(3+21(
&,7<
67$7(
=,3
'$7(
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(0$,/
0$5,&23$&2817<$5,=21$
%<
'$7(
$77(67('
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'$7(
$33529('$672)250
'(387<&2817<$77251(<
'$7(
$87+25,=('6,*1$785(
%,'6(5,$/
&+$,5%2$5'2)683(59,6256
BWC ENTERPRISES, INC. dba WOODRUFF CONSTRUCTION
Wade Woodruff, President
wade.woodruff@woodruffaz.com
9401 N. 7th Ave
Phoenix AZ
85021
www.woodruffaz.com
86-0719004
480.921.1925
5/19/2026
Wade Woodruff
Digitally signed by Wade Woodruff
Date: 2026.05.19 12:55:53 -07'00'
06/09/2026
SERIAL 260088-S
SKYLINE BUILDERS & RESTORATION, 2401 N. 24TH AVE., PHOENIX, AZ 85009
COMPANY NAME:
Skyline Builders & Restoration, Inc
DOING BUSINESS AS (dba):
MAILING ADDRESS:
2401 N. 24th Ave., Phoenix, AZ 85009
REMIT TO ADDRESS:
2401 N. 24th Ave., Phoenix, AZ 85009
TELEPHONE NUMBER:
602-404-0842
WWW ADDRESS:
azsbr.com
CONTACT NAME:
Michael Lee
CONTACT TELEPHONE NUMBER:
602-404-0842
CONTACT EMAIL ADDRESS:
Mike@azsbr.com
UNIQUE ENTITY IDENTIFIER (UEI):
XRJFG8WGQ8A7
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
2nd Call
T & M PRICING SCHEDULE
UOM
PRICE
BIDDER
NOTES
T&M hourly rates include a one hour minimum
per call, then are billed in 15
minute increments thereafter.
PAINTER, BUSINESS HOURS
HR
$ 48.35
PAINTER, AFTER HOURS
HR
$ 55.00
PAINTER, WEEKENDS AND HOLIDAYS
HR
$ 62.50
HELPER, BUSINESS HOURS
HR
$ 42.50
HELPER, AFTER HOURS
HR
$ 50.00
HELPER, WEEKENDS AND HOLIDAYS
HR
$ 57.50
DRYWALL PREP AND REPAIR, BUSINESS
HOURS
HR
$ 42.50
DRYWALL PREP AND REPAIR, AFTER HOURS
HR
$ 50.00
DRYWALL PREP AND REPAIR, WEEKENDS
AND HOLIDAYS
HR
$ 57.50
GENERAL PREP AND REPAIR, BUSINESS
HOURS
HR
$ 42.50
GENERAL PREP AND REPAIR, AFTER HOURS
HR
$ 50.00
GENERAL PREP AND REPAIR, WEEKENDS
AND HOLIDAYS
HR
$ 57.50
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT BUSINESS HOURS
HR
$ 48.35
SERIAL 260088-S
SKYLINE BUILDERS & RESTORATION
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT AFTER HOURS
HR
$ 55.00
SERVICES OUTSIDE THE SCOPE OF THE
CONTRACT WEEKENDS AND
HOLIDAYS
HR
$ 62.50
FLAT WALL PAINTING (PRICE IS ALL
INCLUSIVE AND INCLUDES ANY HELPERS)
Sq. Ft
$ 0.27 Per coat
TIME AND MATERIALS PARTS *Contractor
shall use whichever pricing is
most advantageous to the County at time of
purchase
COST
PLUS
LIST
MINUS
BIDDER
NOTES
MATERIALS (See solicitation under Article
3.2 Shipping Terms)
15%
0%
TIME & MATERIALS
CONSUMABLES (Section 2.14)
Description
Responsibility
Contractor must provide all equipment,
consumables, tools
Allowance
Up to $25 per work order (with County approval)
Limitation
Anything above $25 is contractor’s expense
SUBMITTING FIRM: Skyline Builders & Restoration, Inc. DATE 05/18/2026
TIME AND MATERIALS PARTS *Contractor shall
use whichever pricing is most advantageous to
the County at time of purchase
COST PLUS
LIST
MINUS
BIDDER
NOTES
MATERIALS (See solicitation under Article 2.19
Shipping Terms)
15%
0%
PRICING SHEET: 91054, 92967
Terms:
NET 1% 10 DAYS NET 30 DAYS
Vendor Number
VC0000007623
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028
06/09/2026
SERIAL 260088-S
PAINTING SERVICES
1.0
INTENT
1.1
Maricopa County (County) is seeking one or more licensed contractors
qualified to provide painting services for various County owned buildings
on an as needed basis. Contractors submitting a bid shall be able to
provide painting services on interior and exterior surfaces.
1.2
Contractor’s primary point of contact for work performed will be Facilities
Management Department (FMD). Other County departments may use this
contract, however FMD is not responsible for contract administration or
payments for work performed under the direction of other County
departments.
1.3
Respondents to this solicitation shall identify fully burdened hourly rates for
work within the scope of this contract. Respondents will also respond with
an hourly rate for work outside the scope of this contract.
1.4
Other governmental entities under agreement with the County may have
access to services provided hereunder (see also Sections 3.13 and 3.14
below).
1.5
The County reserves the right to add additional contractors, at the
County’s sole discretion, in cases where the currently listed contractors
are of an insufficient number or skill set to satisfy the County’s needs or
to ensure adequate competition on any project or task order work.
1.6
County reserves the right to award this contract to multiple vendors. The
County reserves the right to award in whole or in part, by item or group of
items, by section or geographic area, or make multiple awards, where
such action serves the County’s best interest.
1.7
Contract 200171-S will be replaced upon award.
2.0
SCOPE OF SERVICES
2.1
The contractor shall be responsible for the scope of services herein at
various County building locations for FMD.
2.2
Jobs vary in size. The contractor shall have the ability to perform an
individual painting job of 500,000 square feet or more, although jobs may
be smaller. Contractors shall provide all labor, materials, equipment, tools,
and transportation required to perform these services.
SERIAL 260088-S
2.3
All work will be completed as Time & Material (T&M) work or project work.
Contractors shall be ranked (first call, second call, third call, etc.) based
on rate(s) quoted. The lowest rate(s) shall be called first by the County
representative for time and materials service. If the contractor is unable
to respond in the time parameters, the requesting County representative
shall proceed to the next lowest bidder.
2.4
Consistent decline of service requests by a contractor or consistent non-
compliance with response time specifications shall cause the County to
review the file and a determination may be made for default of contract.
2.5
Contractor shall be responsible for painting services, including, but not
limited to:
2.5.1
Supplying
all
labor,
supervision,
materials,
supplies,
transportation, and equipment used in the painting industry to
perform painting services and surface preparation. All
equipment and material costs shall be included in the
comprehensive bid.
2.5.2
The work will include, preparation; priming, painting of walls,
ceilings, and floors (various heights); wall texturing; wood
staining; metal painting; door repairs and painting; repairing
wallboard holes; repairing cinder block holes/cracks; sanding;
wallboard taping; corner repairs; spray applications; removal
and installation of commercial wallpaper; or any other related
service that is standard for the industry. Striping of parking lots
shall not be part of this contract.
2.5.3
Work shall be scheduled by the contractor with the FMD staff
(or other using department staff) to ensure service operations
do not interfere with normal building operations.
2.5.4
In the event the work performance of the contractor is
unsatisfactory, the contractor will be notified by the County and
be given one day to correct the work. Labor for all re-work will
be at no cost to the County. Should the contractor fail to correct
the work to the County’s satisfaction, the County reserves the
right to make other arrangements to have the work completed,
and the cost of such work shall be offset from any monies due
the contractor. Costs of such work that exceed the amount of
monies due the contractor shall be the responsibility of the
contractor and shall billed to the contractor.
SERIAL 260088-S
2.5.5
The County reserves the right to inspect and approve all work
performed by the contractor. In the event the work performance
of the contractor is deemed unsatisfactory, the contractor will
be notified by the County.
2.6
WORK OUTSIDE THE SCOPE
Work outside the scope includes any work not normally performed in the
scope of this solicitation and that can be performed by the prime
contractor. If a subcontractor is used, apply mark-up as indicated in
Section 2.14 - Allowable Pass-through Costs Under Time And Materials
Work (With Mark-Up). Work outside the scope includes, but is not limited
to, any work not normally performed in the scope of painting services, and
that can be performed by the prime contractor. Examples include but are
not limited to installing corner moldings, removing wall hung
pictures/fixtures, removing and installing cove base, etc.
2.7
PERFORMANCE REQUIREMENTS
2.7.1
Contractor must meet all Federal Environmental Protection
Agency
(EPA)
and
Occupational
Safety
and
Health
Administration (OSHA) guidelines and contractors failing to
meet these guidelines may be subject to contract termination.
2.7.2
Unless pre-approved, all T&M work shall be performed by one
trades employee. If requested and approved, the contractor
may dispatch a helper (laborer) to aid the trade personal. Any
additional trades or helpers needed for a specific job must be
pre-approved by the County. In all cases, the invoice shall be
notated with pre-approval, for example, “extra trades/laborer
pre-approved by ‘person’s name’.”
2.7.3
Contractor(s) shall not make any modification, to applied
materials, that is outside of manufacturer’s specifications,
method of application, or other requirements without the
express prior written consent of the County. Any proposed
changes shall be presented, and approved, to the assigned
County contact prior to the change taking effect.
Contractor(s) shall utilize the following products, brands, and
grades unless pre-approved in writing by the County.
• Dunn Edwards
• Sherwin Williams
• PPG
SERIAL 260088-S
All applied products should be at a premium grade or greater.
If results from the contractor show materials being used do not
comply with requirements, the contractor may be directed to
stop work and remove or re-coat non-complying materials.
2.7.4
All service work performed by contractor shall be to a
professional standard, meeting all required city building codes,
and susceptible to FMD staff inspection. Documentation,
through
an
audit
and
feedback
system
of
contract
administration, shall be used by FMD for this contract.
2.7.5
Contractor shall coordinate all work schedules with the County
before beginning any work.
2.8
CONTRACTOR QUALIFICATIONS
2.8.1
The contractor shall be required to maintain all required
licenses and permits as governed by the State of Arizona and
Section 4.34 of this contract. Contractor shall be required to
provide copies of licenses upon request.
2.8.2
Contractor shall have a minimum of five years of experience in
commercial painting services. Proof of such must accompany
the bid package and shall be maintained throughout the
contract.
2.8.3
Contractor(s) shall have a sufficient number of painters to
provide service at multiple locations at the same time.
2.8.4
Contractor must meet all Federal EPA and Occupational Safety
and Health Administration (OSHA) guidelines (if any) in the
proper handling and disposal of special waste or contaminated
materials generated by services rendered.
2.8.5
Required Experience
2.8.5.1
Contractor shall have a minimum of five years of
experience performing the work listed in the Scope of
Services. Proof of such must accompany the bid
packet.
2.8.5.2
Contractor’s firm must have been in the business of
providing services herein for a minimum of five years,
and
completely
familiar
with
the
specified
requirements and methods needed for proper
performance of this contract. Proof of such must
SERIAL 260088-S
accompany the bid packet and will be inspected prior
to award.
2.8.5.3
Contractor shall employ a minimum of five
technicians, unless otherwise negotiated with the
County, who are qualified to perform all work and to
adequately service County facilities. Contractor's
technical staff have the following qualifications, and
proof of such shall accompany the bid packet:
2.8.5.3.1
Be thoroughly trained, with a minimum of
five years’ experience performing the
work listed in the Scope of Services.
2.9
CONTRACTOR REQUIREMENTS
2.9.1
Contractor shall provide and maintain, during the entire period
of this contract, all labor, supervision, vehicles, materials, tools,
and equipment sufficient in number, condition, and capacity to
efficiently perform the work and render the services required by
this contract. Contractor shall provide evidence of ability to
furnish equipment and personnel by providing a listing of major
tools, vehicles, and equipment along with qualifications of
personnel.
2.9.2
Contractor shall submit evidence of ability to provide and
maintain, during the entire period of this contract, all labor,
supervision, materials, tools, and equipment sufficient in
number, condition, and capacity to efficiently perform the work
and render the services required by this contract.
2.9.3
Contractor shall be responsible for obtaining and transporting
equipment to and from the job site. In this regard, the contractor
shall:
2.9.3.1
Ensure that its employees that are assigned to
perform the work carry their own tools of the trade or
are provided with tools normally carried by the trade
on the job site. “Tools of the trade” are generally
considered to be vehicles, tools, and equipment (e.g.
hand tools, power tools, pickup trucks, vans, ladders,
scaffolding, etc.) that are normally used in the course
and scope of the contractor’s business and that
should be a part of a qualified contractor’s inventory.
Costs related to the acquisition, use, or maintenance
of tools of the trade should be included as a part of
the contractor’s fully‐burdened hourly labor rates and
SERIAL 260088-S
are not, under any circumstances, to be separately or
directly billed to County under this contract.
2.9.3.2
Arrange for lease or rental of any special tools and
equipment needed to perform the work. “Special
tools and equipment” are considered to be tools and
equipment (e.g. cranes, towed air compressors,
dumpsters with associated tipping fees, etc.) that are
not typically maintained in a contractor’s inventory,
but that are leased or rented when needed for a
specific project/job.
2.9.3.2.1
Charges for lease or rental of special
tools and equipment with associated
mark‐up may be directly billed to County
provided that the contractor clearly
identifies these items in advance, on
Attachment D – Pricing Sheet, as a part
of their proposal to perform the work.
2.9.3.2.2
Charges for lease or rental of special
tools and equipment with associated
mark‐up that have not been identified in
advance as a part the contractor’s bid on
Attachment D – Pricing Sheet may not,
under any circumstances, be separately
or directly billed to County under this
contract, unless prior approval, in writing,
has been provided by the County.
2.9.3.3
Ensure that all vehicles, tools, and equipment used in
performing the scope of services herein are
appropriately licensed, as applicable, are in good
operating condition, capable of rendering efficient,
economical, and continuous service, and are
equipped with necessary and required safety devices
in accordance with State and Federal laws. While the
County reserves the right to inspect any equipment
for compliance with these requirements regarding
condition, this does not relieve the contractor of the
obligation to furnish conforming equipment. If any
equipment is found to be deficient or non‐
conforming, the County shall notify the contractor
who shall immediately take action to place the
equipment in good operating condition at his own
expense. If the contractor does not take corrective
action within a reasonable time, the County may
SERIAL 260088-S
require the immediate removal and replacement of
the deficient equipment at the contractor’s expense.
2.9.4
Contractor shall perform the work in such a way as to minimize
disruption to the normal operation of the County site and
building occupants.
2.9.5
Upon completion of work, contractor shall clean and remove
from the job site all disturbances (e.g., loose dirt, dislocated
gravel, removed vegetation, footprints, old asphalt/concrete,
etc.), debris, materials, and equipment associated with the work
performed. County property shall be restored to the same
condition as prior to start of the job.
2.9.5.1
If, upon County inspection, it is found that the
contractor failed to adequately clean up the site
(meaning to the County’s satisfaction) after work has
been performed, the County will notify the contractor
and the contractor will have 24 hours to clean. Should
the contractor fail to clean a site to the County’s
satisfaction, the County reserves the right to make
other arrangements to have the area cleaned, and the
cost of such work shall be offset from any monies
due the contractor. Costs of such work that exceed
the amount of monies due the contractor shall be the
responsibility of the contractor and shall billed to the
contractor.
2.9.6
Contractor shall perform all services in such a manner that
County property is not damaged.
2.9.6.1
In the event damage occurs to County property or any
adjacent property due to any services performed
under this contract, the contractor shall immediately
notify the County representative about the damages
and shall replace or repair the same at no cost to the
County within 48 hours of notifying the County, or by
a deadline approved by the County.
2.9.6.2
If damage caused by the contractor has to be
repaired or replaced by the County, the cost of such
work shall be deducted from the monies due the
contractor. Costs of such work that exceed the
amount of monies due the contractor shall be the
responsibility of the contractor and shall billed to the
contractor.
SERIAL 260088-S
2.9.7
Contractor shall utilize only experienced, responsible, and
capable people in the performance of the work. The County may
require that the contractor remove from the job covered by this
contract, any employee who endangers persons or property or
whose continued employment under this contract is
inconsistent with the interest of the County.
2.9.8
The contractor’s service truck fleet and/or warehouse shall
carry sufficient supply of repair parts and equipment to perform
services per Scope of Work presented.
2.9.9
Contractor must have a business facility within 50 miles of 401
W. Jefferson Street, Phoenix, AZ 85003.
2.9.10
The County may inspect contractor facilities prior to award and
reserves the right to make award based on the condition and
quality of contractor facilities and equipment.
2.9.11
Contractors bidding on this solicitation may request a site visit
to determine conditions that would affect prices and work
performance. Contractors shall schedule requested site visits
by contacting the procurement officer listed in this solicitation.
2.9.12
All
vehicles
used
by
contractor,
including
personal
transportation vehicles, shall be clearly identified with the name
of the company on each side of the vehicle. The letters shall be
of such size that they are distinguishable at a reasonable
distance.
2.9.13
All employees of the contractor shall wear a company uniform
identified with the company name/logo and consisting of a
minimum of one of the following:
• Shirt/blouse
• Vest
• Cap
2.9.14
Only authorized employees of the contractor are allowed on
County work sites. Contractor’s employees are NOT to be
accompanied in their work area by acquaintances, family
members, assistants, or any other person unless said person is
an authorized employee of the contractor.
2.9.15
All work must comply with EPA, OSHA, and any state, County,
or local regulations in effect at each service location.
Contractor shall adhere to all regulations, rules, ordinances, and
standards set by Federal, state, County, and municipal
SERIAL 260088-S
governments pertaining to safety on the job site. If the
contractor is found not to be in compliance with Federal, state,
County, and/or municipal safety rules, ordinances, policy,
procedure, or codes, the County may, in accordance with the
“Suspension of Work” clause of the contract, suspend the work
without cost to the County until such non-compliant issues are
rectified to the satisfaction of the using agency. Continued non-
compliance may result in termination of the contract.
2.9.16
County may conduct audits and performance reviews
throughout the term of a contract to ensure contract
compliance by the contractor.
2.10
HOURS OF SERVICE
2.10.1
Contractor may be required to provide telephone access 24
hours per day, 7 days per week (24/7), 365 days per year, and
respond to a call for services within 30 minutes of receipt of a
service request received via phone or email.
2.10.2
Services shall be available 24/7, 365 days per year.
2.10.3
Contractor shall respond on-site to begin work within four hours
of receipt of a service request unless arrangements have been
made for a later date/time with the County per the work order
or notice to proceed.
2.10.4
The four-hour response time for non-emergency calls shall
carry over to the next working day if called into contractor’s
office after 2:00 p.m. MST. The contractor will be required to
begin work by 8:00 a.m. MST the following day.
2.10.5
Contractors shall respond to emergency service requests
immediately and report on-site to begin work within two hours
of an emergency service call request regardless of the day/time
of day, weekend, or holiday.
2.10.5.1
Response time shall not exceed 72 hours for T&M
work and for project work, response time shall not
exceed seven days after award notification to the
contractor. Should this time-line not be met, the
County reserves the right to award the project to the
respondent with next lowest quote and provide
cancellation of the contract with the contractor.
SERIAL 260088-S
2.10.5.2
Regular hours are between the hours of 6:00 a.m.
and 6:00 p.m., MST, Monday through Friday,
excluding County holidays.
2.10.5.3
After hours are between the hours of 6:00 p.m. and
prior to 6:00 a.m., MST, Monday through Friday.
2.10.5.4
Weekends are anytime on a Saturday or a Sunday.
2.10.5.5
Holidays are County holidays.
2.10.5.6
The Facilities Management Parts Warehouse is
open for deliveries between the hours of 7:00 a.m.
to 3:00 p.m. MST, weekdays, except for County
holidays.
2.10.5.7
Due to the nature of work in public buildings, FMD
will dictate during what service hours the
contractor shall provide services.
2.11
BUILDING ACCESS
2.11.1
The contractor may be provided access to County facilities at
the discretion of FMD. Keys, badges, or access cards will be
provided per the following guidelines:
2.11.1.1
contractor employees may sign out a set of keys
(all looped on a single key ring) upon arrival at site,
and must turn in the key set at the end of the day or
after completion of duties (as arranged with the
County) unless they are issued a permanent key; or
2.11.1.2
permanent keys may be provided to contractor
employees on a case-by-case basis; or
2.11.1.3
badges or access cards may be provided to
contractor employees for access to the job site.
2.11.2
Should an employee leave the contractor’s workforce,
contractor shall immediately notify the County and all keys,
badges, and access cards must be returned to the County.
2.11.3
The contractor shall notify the County within 24 hours of
discovery that any keys, badges, or access cards are lost,
misplaced, stolen, or otherwise not within the contractor’s
control.
SERIAL 260088-S
2.11.4
Once this agreement is complete, expired, or terminated, the
contractor shall immediately return all keys, badges, or access
cards to the County.
2.11.5
Failure to comply with these requirements may result in the
contractor being assessed the cost of replacing keys, badges,
or access cards, and any associated cost to ensure the security
of County facilities including, but not limited to, re-keying the
entire building at the expense of the contractor.
2.12
TIME AND MATERIALS WORK, PROJECT WORK, AND PREVENTATIVE
MAINTENANCE
2.12.1
All work will be completed as preventative maintenance (PM),
Time & Material (T&M) work and/or project work. T&M and
project work thresholds will apply as outlined in the scope of
this contract. If the contract is awarded to a single vendor, all
work with estimated costs of $10,000 or more may be
performed as T&M work, or at the County’s option, may be
performed as project work if doing so is more advantageous to
the County.
2.12.2
Contract award to multiple contractors will result in a call order
(1st, 2nd, 3rd, etc.) for T&M work. The call order will be
determined by the lowest average pricing found in the bid
responses on Attachment D – Pricing Sheet.
2.12.3
Contractor is responsible for confirming the appropriate billing
method with the FMD project manager (or other using
department) prior to start of work.
2.12.4
A request for a price estimate does not imply that work may be
billed as a project.
2.12.5
Time and Materials Work
2.12.5.1
Cost estimates for work, which will not constitute a
firm fixed quote, may be requested from
contractors by County project managers. Work with
estimated costs below $10,000 may be performed
either as T&M work or may, at the County’s option,
be bid among the contractors awarded in the
contract.
2.12.5.2
County reserves the right to adjust the $10,000
T&M threshold if such adjustment is deemed to be
in the County’s best interest.
SERIAL 260088-S
2.12.5.3
Regardless of value, repairs may be completed
under a T&M work designation except when it is
deemed in the County’s best interest to bid among
contractors awarded in the contract.
2.12.5.4
Contractor will price T&M services at the
contractor’s
“most
favored
customer”
pricing/discounts under similar conditions (e.g.,
order sizes, types, complexities, geographical
regions, etc.). Contractors will provide County with
a full breakdown estimate of pricing prior to County
issuance of a work order/project number.
2.12.5.5
T&M hourly labor rates shall include all wages,
indirect costs, overhead, profit, coordination time,
general and administrative expenses, and profit.
Fractional parts (15-minute intervals) of an hour
shall be payable on a prorated basis.
2.12.5.6
Contractor shall only bill County for actual hours
worked. County shall not pay for contractor’s travel
or mobilization time, lunch breaks, traffic delays,
etc. Additionally, contractor shall not bill County for
time spent retrieving repair parts and equipment
that contractor has failed to have on hand when
performing
anticipated
services
per
the
specifications herein, e.g., temporary filters for
supply grilles.
2.12.5.7
All T&M work shall only require the County to issue
a work order/project number to a contractor as
authorization to proceed. The work order/project
numbers shall be included on the vendor invoice.
2.12.5.8
T&M repairs may take place in response to
emergency calls.
2.12.6
Project Work
2.12.6.1
Project work shall mean work, which, in the best
interest
of
the
County,
would
be
more
advantageous to be performed as "all inclusive,” as
opposed to T&M. The contractor assigned to this
contract shall be provided a request for project
quote containing a detailed scope of work or shall
meet with the County agency, discuss what needs
SERIAL 260088-S
to be done, and present the County with a written
quote.
2.12.6.2
Project work shall be work that has been planned
and has estimated costs in excess of $10,000. The
County reserves the right to adjust the $10,000
project threshold if deemed in the County’s best
interest.
2.12.6.3
Exceptions to the T&M/project work threshold shall
be emergencies that arise and must be dealt with
immediately without the time for project quotes.
2.12.6.4
County’s project quote sheet will contain the
following information:
2.12.6.4.1
Contract serial number and name
2.12.6.4.2
Name and address of site
2.12.6.4.3
FMD site number
2.12.6.4.4
Detailed scope of work
2.12.6.4.5
Other information relative to the
scope of work
2.12.6.4.6
Project start/finish timeline (optional)
2.12.6.4.7
Check box for “will quote” or “will not
quote” the project
2.12.6.4.8
Signature line for both the County and
the contractor
2.12.6.5
After site review of the project, all contractors listed
under this contract must submit the project quote
sheet back to the requestor, either with acceptance
and a firm price, or indication that contractor
declines the project with a written reason as to why
the project was declined. Contractors who have
declined project work a minimum of three times
during a six-month period shall be required to
attend a meeting with the Office of Procurement
Services and FMD to discuss consideration for
default of contract, as this is indicative of the
SERIAL 260088-S
contractor’s desire not to do business with the
County.
2.12.6.6
The submitted project price quote is to be all-
inclusive. That is, any cost overruns to be absorbed
by the contractor, or cost savings to be additional
profit for the contractor. Exceptions to this are
changes requested by the County that incur higher
project cost and longer delays. All change order
requests to a project must be in writing, referencing
the contract serial number, and must be approved
by FMD (or by County using agency requesting the
change[s]) prior to any authorization to proceed.
The contractor who fails to acquire approved
change orders in writing runs the risk of incurring
these additional costs without payment.
2.12.6.7
County may choose to negotiate with the
contractor. The responding contractor shall be
required to submit all back-up documentation (line
item material costs, labor hours with rates, etc.) to
the FMD project manager (or County requesting
agency) within three business days of a request.
This documentation shall include all subcontractor
documentation. If an agreement cannot be reached
between the County and the contactor, either party
may terminate the discussions, and the County may
seek to re-bid and/or deliver the project through
other procurement options.
2.12.6.8
Dependent upon the complexity/nature of the
project, a predetermined and/or pre-identified
mandatory or optional site meeting may be held to
ensure all contractors are aware of important
issues regarding the project. Contractors who do
not show-up to a mandatory site meeting and who
submit a project quote will be considered “non-
responsive”.
2.12.6.9
Contractors will be compensated for additional
work requested by the County that is not detailed in
the scope of work in a project quote using the labor
rates bid by the contractor on the pricing page only
if such work has been pre-approved, in writing, by
the County. Contractors may not be compensated
for additional work performed that has not been
pre-approved, in writing, by the County.
SERIAL 260088-S
2.12.6.10
Upon project completion, contractor will provide
County with a closeout package containing
documents that County has identified in the project
bid. Requested documents may include, but are not
limited to, warranty letters, product list, operation
and maintenance manuals, and a vendor list.
2.13
TIME AND MATERIALS CONSUMABLES
Contractor must provide all equipment, consumable shop supplies (rags,
cleaners, solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts,
small items, etc.), and tools necessary to perform all required services.
Contractor may be allowed a one-time consumable charge of up to $25
per work order to cover these type of expenses, at the County’s discretion.
Anything beyond the $25 limit shall be provided at the contractor’s own
expense.
2.14
ALLOWABLE PASS-THROUGH COSTS WITH MARK-UP UNDER TIME AND
MATERIALS WORK
2.14.1
Authorized costs which are not listed on the pricing page shall
be paid for by the contractor and invoiced to the County.
Supporting documents for any allowable pass-through cost
shall accompany each final invoice. All pass-through
supporting documents must be itemized for labor, materials,
and taxes. The following fees will be allowed a five percent
administrative mark-up:
2.14.1.1
Use of subcontractors: The use of labor by
subcontractors performing any work not normally
performed in the scope of providing cleaning
services for of HVAC duct, air handlers, fans,
including all ancillary items and associated
equipment (i.e., grills, registers, screens, etc.), and
that cannot be performed by the prime contractor
(e.g., plumbing, electrical, structural, and rigging,
etc.) and that may require specialized licensing
and/or certification.
2.14.1.1.1
Prime contractor shall be responsible
for ensuring that subcontractors have
all proper documentation as required
by the County. Use of subcontractors
requires prior written approval from
the County.
SERIAL 260088-S
2.15
ALLOWABLE PASS-THROUGH COSTS WITH NO MARK-UP UNDER TIME
AND MATERIALS WORK
2.15.1
Equipment and tool leases/rentals for unique County
requirements: Pricing will be charged at the rate specified in the
bidder response on Attachment D – Pricing Sheet (per project
or T&M job) with no mark-up.
2.15.1.1
Contractors shall receive prior approval from the
County, in writing, for tools or equipment rented or
charged on a per use basis by contractors while
conducting County business.
2.15.1.2
Operating costs for rented equipment, which
include a condition that equipment only be
operated by an employee of the rental company, are
allowable at the operator rate designated by the
rental company. Rental/Operating costs shall be
paid by the contractor and invoiced to the County
with no mark-up.
2.15.2
Permits: Any permits related to the performance of County work
shall be obtained by the contractor. Permit costs shall be paid
by the contractor and invoiced to the County with no mark-up.
2.15.3
Dump fees: Any dump fees incurred by the contractor related to
work performed for the County shall be paid by the contractor
and invoiced to the County with no mark-up.
2.16
TRIP CHARGE
2.16.1
One-time trip charges of $50 (one charge per work order) are
permitted when Time and Materials work is requested at the
following sites only:
2.16.1.1
MCSO Lake Aid Stations (Apache, Bartlett, Blue
Point, Canyon, and Saguaro)
2.16.1.2
County offices located in Gila Bend, AZ
2.16.1.3
County offices located in Buckeye, AZ
2.16.1.4
County offices located in Aguila, AZ
2.16.2
Only one trip charge may be charged per service call.
SERIAL 260088-S
2.16.3
If the contractor arrives onsite and is unable to locate a County
representative familiar with the work or unable to gain access
to the work site, the contractor may only bill for a trip charge.
The contractor is not authorized to incur nor will the County
accept billing for any labor charges.
2.17
ASBESTOS AND HAZARDOUS CONDITIONS ABATEMENT
2.17.1
Contractor shall notify the County immediately of any concerns
regarding asbestos or other hazardous conditions.
2.17.2
Any asbestos or other hazardous conditions discovered on the
site that would impact the repairs must be abated through a
licensed asbestos (or other hazardous condition) abatement
contractor who must provide County with air quality and
disposal certificates. Abatement subcontracting can be
coordinated either by the contractor or the County.
2.18
DEAD END CHARGE
If the contractor is unable to locate a County representative familiar with
scheduled work or is unable to gain access to the work site, the contractor
shall call the County Boiler Room (602-506-3310). A boiler room technician
will give the contractors further instruction at the time work is to be
performed. If the contractor is delayed or turned away after receiving further
instructions from the boiler room technician, a $50 building access trip
charge will be authorized by the County.
2.19
CANCELLATION COST
2.19.1
Any scheduled work cancelled without a minimum of 48 hours
prior notice to the County may be rescheduled with the
contractor and is subject up to a 25 percent reduction of the
cost to the County.
2.19.2
If the contractor fails to show up as scheduled without
contacting the County to reschedule the work, or cancels
without providing 24 hour notice, the contractor may be subject
to termination of this contract for default.
2.20
SALVAGE
Salvage and trade-in rights shall be evaluated on a project-by-project basis
by the County and shall be determined prior to incorporation in the
contractor’s bid price. Salvageable materials without pre-approved
contractor salvage rights shall be securely stored and are not to be
transported off the site without written permission from the County. If
SERIAL 260088-S
contractor is given salvage rights, salvageable materials shall be removed
daily. On-site storage of contractor’s salvaged materials is not permitted.
3.0
PURCHASING REQUIREMENTS
3.1
SAMPLES
Contractor may be requested to furnish samples of material(s) bid to allow
for examination by the County. Any materials so requested shall be
furnished within 10 working days from the date of request and furnished at
no cost to the County and sent to the address designated in the requesting
correspondence. Samples become the property of the County upon receipt.
3.2
TESTING
Unless otherwise specified, services and related materials purchased will
be inspected by the department to ensure they meet the quality and quantity
requirements of the specifications. When applicable and deemed
necessary by the County, samples of the materials may be taken at random
from stock received for submission to a commercial laboratory or other
appropriate agency for analysis and tests to determine whether the
materials conform in all respects to the specifications. In cases where
commercial laboratory reports determine that the materials do not meet the
specifications, the expense of such analysis shall be borne by the
contractor.
3.3
ACCEPTANCE
Upon successful completion of installation, refurbishing, and/or repair,
services shall be deemed accepted and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is
installed (as necessary) and fully operational; and b) the department has
deemed all service/work completed, including but not limited to any repair,
installation, design, development, deployment, operation, and initial training,
(as applicable). All documentation shall be completed prior to final
acceptance.
3.4
FACTORY AUTHORIZED SERVICE AVAILABILITY
The contractor shall have and maintain a local factory authorized service
facility within the Phoenix, Arizona metropolitan area. The facility shall be
capable of supplying and installing component parts, troubleshooting,
repairing and maintaining the material(s). Minimum service hours for the
facility shall be from 8:00 a.m. through 5:00 p.m., MST, Monday through
Friday.
SERIAL 260088-S
3.5
WARRANTY
3.5.1
All services furnished under this contract shall conform to the
requirements of this contract.
3.5.2
Service and/or Repair Warranty
3.5.2.1
The warranty shall cover all parts and labor for a
period of one year from installation and formal
acceptance by the County. Any manufacturer
warranty beyond one year shall be passed on to the
County.
3.5.2.2
Contractor shall indicate on the price sheet the
duration of the warranty beyond one year and any
applicable limitations or conditions which may
apply.
3.5.2.3
Contractor agrees that it will, at its own expense,
provide all labor and parts required to remove,
repair or replace, and reinstall any such defective
workmanship and/or materials which becomes or
is found to be defective during the term of this
warranty. Contractor shall guarantee the services
to be supplied comply with all applicable
regulations.
3.5.2.4
Contractor warrants that all services provided
hereunder will conform to the requirements of the
contract, including all descriptions, specifications
and attachments made a part of this contract.
County’s acceptance of services or goods provided
by the contractor shall not relieve the contractor
from its obligations under this warranty.
3.5.2.5
In addition to its other remedies, County may, at the
contractor's expense, require prompt correction of
any services failing to meet the contractor's
warranty herein. Services corrected by the
contractor shall be subject to all the provisions of
this contract in the manner and to the same extent
as services originally furnished hereunder.
3.5.3
Project and/or New Installation Warranty
Project and/or new installation warranty shall cover all parts
and labor for a period of one year from installation and formal
SERIAL 260088-S
acceptance by the County. Any manufacturer warranty beyond
one year shall be passed on to the County.
3.6
USAGE REPORT
Contractor shall furnish the County a usage report upon request
delineating the acquisition activity governed by the contract. The format
of the report shall be approved by the County and shall disclose the
quantity and dollar value of each contract item by individual unit of
measure.
3.7
BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass
multiple background checks (e.g., Sheriff’s Office, County Attorney's
Office, Courts, as well as County general government) to determine if the
respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees. The
failure to pass these checks may deem the respondent non-responsible.
3.8
INVOICES AND PAYMENTS
3.8.1
Payment terms will be calculated based on the date a properly
completed invoice is received by the County.
3.8.2
Contractors shall provide the County with invoices no later than
14 days after services and delivery of goods are completed and
accepted by the County rendered final.
3.8.3
Contractor shall submit one legible copy of their detailed
invoice before payment(s) will be made. Incomplete invoices
will not be processed. At a minimum, the invoice must provide
the following information:
• Company name, address, and contact information
• County bill-to name and contact/requestor information
• Building name and building number
• County purchase order number (if applicable)
• Maximo (FMD) service call number
• Contract serial or e-procurement platform agreement
number (if applicable)
• Work order/project number (if applicable)
• Invoice number and date
• Payment terms as stated in the agreement (if applicable)
SERIAL 260088-S
• Date of service or delivery (for project work: use “completion
date”)
• Arrival and completion time (if applicable)
• Quantity (number of days or weeks) (if applicable)
• Contract item number(s) (if applicable)
• Description of purchase (product or services)
• Pricing per unit of purchase (must include vendor cost,
mark-up/discount, and extended price)
• Line item description of parts and materials (T&M work)
• Line item labor breakdown: arrival and completion time, rate
per hour multiplied by number of hours by personnel type
(T&M work)
• Extended price
• Expedited shipping cost (pre-approved by the County)
• Freight (if applicable)
• Total amount due with tax amounts separated (T&M work).
(On a separate line, clearly indicate the tax rate being
applied).
3.8.4
Time and material commodities must be billed as a separate
line item on the invoice.
3.8.5
Invoicing for project work must contain:
3.8.5.1
Contract serial number
3.8.5.2
Purchase order number (if used)
3.8.5.3
Terms as bid
3.8.5.4
Description of work performed
3.8.5.5
Location of job site and FMD site number
3.8.5.6
Project cost as quoted
3.8.5.7
Applicable construction tax if required (65 percent
of retail tax rate)
3.8.5.8
Grand total
3.8.5.9
The project quote sheet and all change orders shall
be attached to the invoice
SERIAL 260088-S
3.8.6
Invoicing that does not have all the required information as listed
above, will be sent back for corrections, delaying payment to the
contractor.
3.8.7
Problems regarding billing or invoicing shall be directed to the
department as listed on the purchase order.
3.8.7.1
FMD questions regarding billing or invoicing should
go
to
FMD
accounts
payable
(FMD-
AccountsPayable@mail.maricopa.gov).
3.8.8
Payment shall only be made to the contractor by Accounts
Payable through the Maricopa County Vendor Express Payment
Program. This is an Electronic Funds Transfer (EFT) process.
After contract award, the contractor shall complete the Vendor
Registration Form accessible through the County Department
of
Finance
Vendor
Registration
website
at
https://www.maricopa.gov/5169/Vendor-Information.
3.8.9
Discounts offered in the contract shall be calculated based on
the date a properly completed invoice is received by the County.
3.8.10
EFT payments to the routing and account numbers designated
by the contractor shall include the details on the specific
invoices that the payment covers. Contractor is required to
discuss remittance delivery capabilities with their designated
financial institution for access to those details.
3.9
PRICES
Contractor warrants that prices extended to County under this contract
are no higher than those paid by any other customer for these or similar
services.
3.10
APPLICABLE TAXES
3.10.1
It is the responsibility of the contractor to determine any and all
applicable taxes and include those taxes in their proposal. The
legal liability to remit the tax is on the entity conducting
business in Arizona. Tax is not a determining factor in contract
award.
3.10.2
The County will look at the price or offer submitted and will not
deduct, add, or alter pricing based on speculation or application
of any taxes, nor will the County provide contractor any advice
or guidance regarding taxes. If you have questions regarding
your tax liability, seek advice from a tax professional prior to
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submitting your bid. You may also find information at
www.azdor.gov/business. Once your bid is submitted, the offer
is valid for the time specified in this solicitation, regardless of
mistake or omission of tax liability. If the County finds over
payment of a project due to tax consideration that was not due,
the contractor will be liable to the County for that amount, and
by contracting with the County agrees to remit any
overpayments back to the County for miscalculations on taxes
included in a bid price.
3.10.3
Tax Indemnification: Contractor and all subcontractors shall
pay all Federal, state, and local taxes applicable to their
operation and any persons employed by the contractor.
Contractor shall, and require all subcontractors to, hold the
County harmless from any responsibility for taxes, damages,
and interest, if applicable, contributions required under Federal
and/or State and local laws and regulations, and any other
costs including transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers’
Compensation. Contractor may be required to establish, to the
satisfaction of County, that any and all fees and taxes due to a
municipality or the State of Arizona for any license or
transaction privilege taxes, use taxes, or similar excise taxes
are currently paid (except for matters under legal protest).
3.11
PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed
performance requirements. The County reserves the right to obtain
services on the open market in the event the contractor fails to perform,
and any price differential will be charged against the contractor.
3.12
POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the
department to discuss the terms and conditions of this contract. This
meeting will be coordinated by the procurement officer of the contract.
3.13
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE
includes the State of Arizona, many Phoenix metropolitan area
municipalities, and many K-12 unified school districts. Under the SAVE
Cooperative Purchasing Agreement, and with the concurrence of the
successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If you
do not want to grant such access to a member of SAVE, state so in your
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bid. In the absence of a statement to the contrary, the County will assume
that you do wish to grant access to any contract that may result from this
bid. The County assumes no responsibility for any purchases by using
entities.
3.14
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS
(ICPAs)
County currently holds ICPAs with numerous governmental entities.
These agreements allow those entities, with the approval of the
contractor, to purchase their requirements under the terms and conditions
of the County contract. It is the responsibility of the non-County
government entity to perform its own due diligence on the acceptability of
the contract under its applicable procurement rules, processes, and
procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other
governmental agencies may enter into a separate Statement of Work with
the contractor to meet their own requirements. The County is not a party
to any uses of this contract by other governmental entities.
3.15
VOLUNTARY EMPLOYEE DISCOUNTS
3.15.1
Contractors may voluntarily offer discounts to County
employees for products or services provided under this
contract. Whether a contractor offers or does not offer an
employee discount is not a factor considered in the evaluation
of responses to this solicitation.
3.15.2
Any discount offered is part of a commercial transaction
between the contractor and individual County employees and
the County is not a party to the transaction. Any disputes or
issues arising from an individual commercial transaction
between the contractor and an individual County employee is a
matter between the contractor and the employee. If a discount
is offered, the terms will be announced to County employees.
4.0
CONTRACTUAL TERMS & CONDITIONS
4.1
CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing
contract to cover a term of two years.
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4.2
OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor,
renew the term of this contract up to a maximum of four additional years,
(or at the County’s sole discretion, extend the contract on a month-to-
month basis for a maximum of six months after expiration). Contractor
shall be notified in writing by the Office of Procurement Services of the
County’s intention to renew the contract term at least 60 calendar days
prior to the expiration of the original contract term.
4.3
CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all
reasonable efforts for an orderly transition of its duties and
responsibilities to another provider and/or to the County. This may
include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The
transition includes the transfer of all records and other data in the
possession, custody, or control of the contractor that are required to be
provided to the County either by the terms of this agreement or as a matter
of law. The provisions of this clause shall survive the expiration or
termination of this agreement.
4.4
PRICE ADJUSTMENTS
4.4.1
All prices shall be held firm for the initial term of the contract
unless otherwise authorized in writing by the Office of
Procurement Services.
4.4.2
Any requests for reasonable price adjustments must be
submitted 60 calendar days prior to the contract expiration.
Requests for adjustment in cost of labor and/or materials must
be
supported
by
appropriate
documentation.
The
reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a
market survey. If County agrees to the adjusted price terms,
County will issue written approval of the change and provide an
updated version of the contract. The new change shall not be in
effect until the date stipulated on the updated version of the
contract.
4.4.3
In the event any price increase is requested as the result of any
tariff that becomes effective during the performance of this
contract, the County may adjust the price based on a request
from the contractor that documents the additional price
increase. If, during the performance of this contract, any tariff-
related price increase is subsequently reduced or eliminated,
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the vendor shall notify the County of the decrease and shall
apply it accordingly for remaining term of the contract. If the
County finds over payment of a project due to tariff reduction
that was not due, the contractor will be liable to the County for
that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on
increases due to tariffs included in a bid price.
4.5
INDEMNIFICATION
To the fullest extent permitted by law, and to the extent that claims,
damages, losses, or expenses are not covered and paid by insurance
purchased by the contractor, the contractor shall defend, indemnify, and
hold harmless the County (as Owner), its agents, representatives, officers,
directors, officials, and employees from and against all claims, damages,
losses, and expenses (including, but not limited to attorneys' fees, court
costs, expert witness fees, and the costs and attorneys' fees for appellate
proceedings) arising out of, or alleged to have resulted from, the negligent
acts, errors, omissions, or mistakes of the contractor, a subcontractor,
anyone directly or indirectly employed by them, or anyone for whose acts
they may be liable relating to the performance of this contract.
4.5.1
Contractor's duty to defend, indemnify, and hold harmless the
County, its agents, representatives, officers, directors, officials,
and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury,
sickness, disease, death, or injury to, impairment of, or
destruction of tangible property, including loss of use resulting
therefrom, caused by negligent acts, errors, omissions, or
mistakes in the performance of this contract, but only to the
extent caused by the negligent acts or omissions of the
contractor, a subcontractor, anyone directly or indirectly
employed by them, or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss, or
expense is caused in part by a party indemnified hereunder.
4.5.2
The amount and type of insurance coverage requirements set
forth herein will in no way be construed as limiting the scope of
the indemnity in this section.
4.5.3
The scope of this indemnification does not extend to the sole
negligence of County.
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4.6
INSURANCE
4.6.1
Contractor, at contractor’s own expense, shall purchase and
maintain, at a minimum, the herein stipulated insurance from a
company or companies duly licensed by the State of Arizona
and possessing an AM Best, Inc. category rating of B++. In lieu
of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized
to do business in the State of Arizona, provided that said
insurance companies meet the approval of County. The form of
any insurance policies and forms must be acceptable to
County.
4.6.2
All insurance required herein shall be maintained in full force
and effect until all work or service required to be performed
under the terms of the contract is satisfactorily completed and
formally accepted. Failure to do so may, at the sole discretion
of County, constitute a material breach of this contract.
4.6.3
In the event that the insurance required is written on a claims-
made basis, contractor warrants that any retroactive date under
the policy shall precede the effective date of this contract and
either continuous coverage will be maintained, or an extended
discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4
Contractor’s insurance will be primary insurance as respects
County, and any insurance or self-insurance maintained by
County will not contribute to it.
4.6.5
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy
warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
4.6.6
The insurance policies may provide coverage that contains
deductibles or self-insured retentions. Such deductible and/or
self-insured retentions shall not be applicable with respect to
the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or
self-insured retention and County, at its option, may require
contractor to secure payment of such deductibles or self-
insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
SERIAL 260088-S
4.6.7
The insurance policies required by this contract, except
Workers’ Compensation and Errors and Omissions, shall name
County, its agents, representatives, officers, directors, officials,
and employees as additional insureds.
4.6.8
The
policies
required
hereunder,
except
Workers’
Compensation and Errors and Omissions, shall contain a waiver
of transfer of rights of recovery (subrogation) against County,
its agents, representatives, officers, directors, officials, and
employees for any claims arising out of contractor’s work or
service.
4.6.9
If available, the insurance policies required by this contract may
be combined with Commercial Umbrella Insurance policies to
meet the minimum limit requirements. If a Commercial
Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which
lines the Commercial Umbrella Insurance covers.
4.6.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance with
a limit of not less than $2,000,000 for each
occurrence,
$4,000,000
Products/Completed
Operations Aggregate, and $4,000,000 General
Aggregate Limit. The policy shall include coverage
for premises liability, bodily injury, broad form
property damage, personal injury, products and
completed operations and blanket contractual
coverage, and shall not contain any provisions
which would serve to limit third-party action over
claims. There shall be no endorsement or
modifications of the CGL limiting the scope of
coverage for liability arising from explosion,
collapse, or underground property damage.
4.6.9.2
Automobile Liability
Commercial/Business
Automobile
Liability
insurance with a combined single limit for bodily
injury and property damage of not less than
$2,000,000 each occurrence with respect to any of
the contractor’s owned, hired, and non-owned
vehicles assigned to or used in performance of the
contractor’s
work
or
services
or
use
or
maintenance of the premises under this contract.
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4.6.9.3
Workers’ Compensation
4.6.9.3.1
Workers’ Compensation insurance to
cover obligations imposed by Federal
and State statutes having jurisdiction
of contractor’s employees engaged in
the performance of the work or
services under this contract; and
Employer’s Liability insurance of not
less
than
$1,000,000
for
each
accident, $1,000,000 disease for each
employee, and $1,000,000 disease
policy limit.
4.6.9.3.2
Contractor, its subcontractors, and
sub-subcontractors waive all rights
against this contract and its agents,
officers, directors, and employees for
recovery of damages to the extent
these damages are covered by the
Workers’
Compensation
and
Employer’s Liability or Commercial
Umbrella Liability insurance obtained
by contractor, its subcontractors, and
its sub-subcontractors pursuant to
this contract.
4.6.9.4
Certificates of Insurance
4.6.9.4.1
Prior to contract award, contractor
shall furnish the County with valid and
complete certificates of insurance, or
formal endorsements as required by
the contract in the form provided by
the County, issued by contractor’s
insurer(s), as evidence that policies
providing the required coverage,
conditions, and limits required by this
contract are in full force and effect.
Such certificates shall identify this
contract number and title.
4.6.9.4.2
In the event any insurance policy(ies)
required by this contract is (are)
written on a claims-made basis,
coverage shall extend for two years
past completion and acceptance of
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contractor’s work or services and as
evidenced by annual Certificates of
Insurance.
4.6.9.4.3
If a policy does expire during the life
of the contract, a renewal certificate
must be sent to County 15 calendar
days prior to the expiration date.
4.6.9.4.4
Certificates
of
Insurance
shall
identify Maricopa County as the
certificate holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
4.6.9.5
Cancellation and Expiration Notice
Applicable to all insurance policies required within
the insurance requirements of this contract,
contractor’s insurance shall not be permitted to
expire, be suspended, be canceled, or be materially
changed for any reason without 30 calendar days
prior written notice to Maricopa County. Contractor
must provide notice to Maricopa County, within two
business days of receipt, if they receive notice of a
policy that has been or will be suspended, canceled,
materially changed for any reason, has expired, or will
be expiring. Such notice shall be sent directly to
Maricopa County Office of Procurement Services and
shall be mailed or hand delivered to 301 W. Jefferson,
Suite 700, Phoenix, AZ 85003, or emailed to the
procurement officer noted in the solicitation.
4.7
FORCE MAJEURE
4.7.1
Neither party shall be liable for failure of performance, nor incur
any liability to the other party on account of any loss or damage
resulting from any delay or failure to perform all or any part of
this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and
without negligence of the parties. Such events, occurrences, or
causes include, but are not limited to acts of God/nature
(including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies,
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hostilities (whether war is declared or not), civil war, riots,
rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and
interruption or failure of electricity or telecommunication
service, and pandemic.
4.7.2
Each party as applicable, shall give the other party notice of its
inability to perform and particulars in reasonable detail of the
cause of the inability. Each party must use best efforts to
remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
4.7.3
The party asserting Force Majeure as a cause for non-
performance shall have the burden of proving that reasonable
steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were
substantially fulfilled, and that the other party was timely
notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions
could be contemplated.
4.8
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order
issued by a County department or directed by a Certified Agency
Procurement Aid (CAPA) with a purchase card for payment.
4.9
AVAILABILITY OF FUNDS
4.9.1
The provisions of this contract relating to payment shall
become effective when funds assigned for the purpose of
compensating the contractor as herein provided are actually
available to County for disbursement. The County will be the
sole judge and authority in determining the availability of funds
under this contract. County will keep the contractor fully
informed as to the availability of funds.
4.9.2
If any action is taken by any state agency, Federal department,
or any other agency or instrumentality to suspend, decrease, or
terminate its fiscal obligations under, or in connection with, this
contract, County may amend, suspend, decrease, or terminate
its obligations under, or in connection with, this contract. In the
event of termination, County will be liable for payment only for
services rendered prior to the effective date of the termination,
provided that such services are performed in accordance with
the provisions of this contract. County will give written notice of
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the effective date of any suspension, amendment, or
termination under this section, at least 10 days in advance.
4.10
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (VISA or Mastercard) to make
payment for orders under this contract.
4.11
INTERNET ORDERING CAPABILITY
Maricopa County may use the Internet to communicate and to place
orders under this contract. If Internet is required, contractor will be
notified of such by FMD (or using department).
4.12
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases
will be made. Orders will only be placed under this contract when the
County identifies a need and proper authorization and documentation
have been approved.
4.13
CANCELLATION OF PURCHASE ORDERS
4.13.1
County reserves the right to cancel purchase orders within a
reasonable period of time after issuance. Should a purchase
order be canceled, the County agrees to reimburse the
contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will
not reimburse the contractor for any costs incurred after receipt
of County notice of cancellation, or for lost profits, or for
shipment of product prior to issuance of purchase order.
4.13.2
Contractor agrees to accept verbal notification of cancellation
of purchase orders from the County with written notification to
follow. Contractor specifically acknowledges to be bound by
this cancellation policy.
4.14
SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend,
delay, or interrupt all or any part of the work of this contract for the period
of time that the procurement officer determines appropriate for the
convenience of the County. No adjustment shall be made under this
clause for any suspension, delay, or interruption to the extent that
performance would have been so suspended, delayed, or interrupted by
any other cause, including the fault or negligence of the contractor. No
request for adjustment under this clause shall be granted unless the
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claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later
than the date of final payment under the contract.
4.15
STOP WORK ORDER
4.15.1
The procurement officer may, at any time, by written order to
the contractor, require the contractor to stop all, or any part, of
the work called for by this contract for a period of 90 calendar
days after the order is delivered to the contractor, and for any
further period to which the parties may agree. The order shall
be specifically identified as a stop work order issued under this
clause. Upon receipt of the order, the contractor shall
immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work
covered by the order during the period of work stoppage. Within
a period of 90 calendar days after a stop work order is delivered
to the contractor, or within any extension of that period to which
the parties shall have agreed, the procurement officer shall
either:
4.15.1.1
cancel the stop work order; or
4.15.1.2
terminate the work covered by the order as
provided in the Termination for Default or the
Termination for Convenience clause of this
contract.
4.15.2
The procurement officer may make an equitable adjustment in
the delivery schedule and/or contract price, and the contract
shall be modified, in writing, accordingly, if the contractor
demonstrates that the stop work order resulted in an increase
in costs to the contractor.
4.16
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by
providing 60 calendar days advance notice to the contractor.
4.17
TERMINATION FOR DEFAULT
4.17.1
The County may, by written Notice of Default to the contractor,
terminate this contract in whole or in part if the contractor fails
to:
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4.17.1.1
deliver the supplies or to perform the services
within the time specified in this contract or any
extension;
4.17.1.2
make progress, so as to endanger performance of
this contract; or
4.17.1.3
perform any of the other provisions of this contract.
4.17.2
The County’s right to terminate this contract under these
subparagraphs may be exercised if the contractor does not
cure such failure within 10 business days (or more if authorized
in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
4.18
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511,
the County may cancel any contract without penalty or further obligation
within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting, or
creating the contract on behalf of the County is at any time, while the
contract or any extension of the contract is in effect, an employee or agent
of any other party to the contract in any capacity or consultant to any other
party of the contract with respect to the subject matter of the contract.
Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee
or commission paid or due to any person significantly involved in
initiating, negotiating, securing, drafting, or creating the contract on behalf
of the County from any other party to the contract arising as the result of
the contract.
4.19
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset
from any money due to the contractor any amounts contractor owes to
the County for damages resulting from breach or deficiencies in
performance of the contract.
4.20
SUBCONTRACTING
4.20.1
Contractor may not assign to another contractor or subcontract
to another party for performance of the terms and conditions
hereof without the written consent of the County. All
correspondence authorizing subcontracting must reference the
bid serial number and identify the job or project.
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4.20.2
The subcontractor’s rate for the job shall not exceed that of the
prime contractor’s rate, as bid in the pricing section, unless the
prime contractor is willing to absorb any higher rates. The
subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the subcontractor’s invoice
must accompany the prime contractor’s invoice.
4.21
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed
by both parties. Maricopa County Office of Procurement Services shall be
responsible for approving all amendments for Maricopa County.
4.22
ADDITIONS/DELETIONS OF SERVICES
4.22.1
The County reserves the right to add and/or delete services to
a contract. If additional services are required from a contract,
prices for such additions will be negotiated between the
contractor and the County.
4.22.2
If a service requirement is deleted, payment to the contractor
will be reduced proportionately, to the amount of service
reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such
additions will be negotiated between the contractor and the
County.
4.23
RIGHTS IN DATA
4.23.1
The County shall have the use of data and reports resulting
from a contract without additional cost or other restriction
except as may be established by law or applicable regulation.
Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the
performance thereunder.
4.23.2
Data, records, reports, and all other information generated for
the County by a third party as the result of a contract are the
property of the County and shall be provided in a format
designated by the County or shall be and remain accessible to
the County into perpetuity.
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4.24
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW
4.24.1
In accordance with section MC1-372 of the Maricopa County
Procurement Code, the contractor agrees to retain (physical or
digital copies of) all books, records, accounts, statements,
reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until
after the resolution of any audit questions which could be more
than six years, whichever is latest. The County, Federal or State
auditors and any other persons duly authorized by the
department shall have full access to and the right to examine,
copy, and make use of, any and all said materials.
4.24.2
If the contractor’s books, records, accounts, statements,
reports, files, and other records and back-up documentation
relevant to this contract are not sufficient to support and
document that requested services were provided, the
contractor shall reimburse Maricopa County for the services
not so adequately supported and documented.
4.25
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment
has been made is a disallowed cost, the County shall notify the contractor
in writing of the disallowance. The course of action to address the
disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor
equal to the amount of the disallowance, or to require reimbursement
forthwith of the disallowed amount by the contractor by issuing a check
payable to Maricopa County.
4.26
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance
with the terms of the contract shall not be deemed to be a waiver of strict
compliance with respect to all other terms of the contract.
4.27
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not
void or affect the validity of any other provision of the contract.
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4.28
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not
void or affect the validity of any other provision of this contract.
4.29
RELATIONSHIPS
4.29.1
In the performance of the services described herein, the
contractor shall act solely as an independent contractor, and
nothing herein or implied herein shall at any time be construed
as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture
between the County and the contractor.
4.29.2
The County reserves the right of final approval on proposed
staff. Also, upon request by the County, the contractor will be
required to remove any employees working on County projects
and substitute personnel based on the discretion of the County
within two business days, unless a different time period was
previously approved by the County.
4.30
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of
Arizona Executive Order 2009-09, including flow down of all provisions
and requirements to any subcontractors. Executive Order 2009-09
supersedes Executive Order 99-4 and amends Executive Order 75-5 and
is hereby incorporated into this contract as if set forth in full herein. During
the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that
person’s age, race, creed, color, religion, sex, disability, or national origin.
(Arizona
Executive
Order
2009-09
can
be
viewed
at
https://apps.azsos.gov/public_services/register/2009/46/governor.pdf).
4.31
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and
if this agreement has a value of $100,000 or more, vendor certifies it is
not currently engaged in and agrees for the duration of this agreement to
not engage in, a boycott of goods or services from Israel. This certification
does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation
issued pursuant to 50 U.S.C. § 4842.
SERIAL 260088-S
4.32
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1
The undersigned (authorized official signing on behalf of the
contractor) certifies to the best of his or her knowledge and
belief that the contractor, its current officers, and directors:
4.32.1.1
are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily
excluded from being awarded any contract or grant
by any United States department or agency or any
state, or local jurisdiction;
4.32.1.2
have not within a three-year period preceding this
contract:
4.32.1.2.1
been convicted of fraud or any
criminal offense in connection with
obtaining, attempting to obtain, or as
the
result
of
performing
a
government entity (Federal, State, or
local) transaction or contract;
4.32.1.2.2
been convicted of violation of any
Federal or State antitrust statutes or
conviction for embezzlement, theft,
forgery,
bribery,
falsification
or
destruction of records, making false
statements,
or
receiving
stolen
property regarding a government
entity transaction or contract;
4.32.1.3
are not presently indicted or criminally charged by
a government entity (Federal, State, or local) with
commission of any criminal offenses in connection
with obtaining, attempting to obtain, or as the result
of performing a government entity public (Federal,
State, or local) transaction or contract;
4.32.1.4
are not presently facing any civil charges from any
governmental
entity
regarding
obtaining,
attempting to obtain, or from performing any
governmental entity contract or other transaction;
and
4.32.1.5
have not within a three-year period preceding this
contract had any public transaction (Federal, State,
or local) terminated for cause or default.
SERIAL 260088-S
4.32.2
If any of the above circumstances described in the paragraph
are applicable to the entity submitting a bid for this requirement,
include with your bid an explanation of the matter including any
final resolution.
4.32.3
Contractor shall include, without modification, this clause in all
lower tier covered transactions (i.e., transactions with
subcontractors) and in all solicitations for lower tier covered
transactions related to this contract. If this clause is applicable
to a subcontractor, the contractor shall include the information
required by this clause with their bid.
4.33
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND
FEDERAL IMMIGRATION LAWS AND REGULATIONS
4.33.1
By entering into the contract, the contractor warrants
compliance with the Immigration and Nationality Act (INA using
E-Verify) and all other Federal immigration laws and regulations
related to the immigration status of its employees and A.R.S. §
23-214(A). Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the
statements to the procurement officer upon request. These
warranties shall remain in effect through the term of the
contract. Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from
time to time, for all employees performing work under the
contract and verify employee compliance using the E-Verify
system and shall keep a record of the verification for the duration
of the employee’s employment or at least three years, whichever
is longer. I-9 forms are available for download at www.uscis.gov.
4.33.2
The County retains the legal right to inspect documents of
contractor and subcontractor employees performing work under
this contract to verify compliance with paragraph 4.33.1 of this
section. Contractor and subcontractor shall be given reasonable
notice of the County’s intent to inspect and shall make the
documents available at the time and date specified. Should the
County suspect or find that the contractor or any of its
subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all
remedies allowed by law, including, but not limited to suspension
of work, termination of the contract for default, and suspension
and/or debarment of the contractor. All costs necessary to verify
compliance are the responsibility of the contractor.
SERIAL 260088-S
4.34
CONTRACTOR LICENSE REQUIREMENT
4.34.1
Contractor shall procure all permits, insurance, and licenses,
and pay the charges and fees necessary and incidental to the
lawful conduct of his/her business, and as necessary complete
any requirements, by any and all governmental or non-
governmental entities as mandated to maintain compliance
with and remain in good standing. Contractor shall keep fully
informed of existing and future trade or industry requirements,
and Federal, State, and local laws, ordinances, and regulations
which in any manner affect the fulfillment of a contract and
shall comply with the same. Contractor shall immediately notify
both the Office of Procurement Services and the department of
any and all changes concerning permits, insurance, or licenses.
4.34.2
Contractor furnishing finished products, materials, or articles of
merchandise that will require installation or attachment as part
of the contract shall possess any licenses required. Contractor
is not relieved of its obligation to obtain and possess the
required licenses by subcontracting of the labor portion of the
contract. Contractors are advised to contact the Arizona
Registrar of Contractors, Chief of Licensing, to ascertain
licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of
Contractors requires for performance of the contract.
4.35
INFLUENCE
4.35.1
As prescribed in MC1-1203 of the Maricopa County
Procurement Code, any effort to influence an employee or
agent to breach the Maricopa County Ethical Code of Conduct
or any ethical conduct, may be grounds for disbarment or
suspension under MC1-902.
4.35.1.1
An attempt to influence includes, but is not limited
to a person offering or providing a gratuity, gift, tip,
present,
donation,
money,
entertainment
or
educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or
given with the intent to influence a decision, obtain
a contract, garner favorable treatment, or gain
favorable consideration of any kind.
4.35.2
If a person attempts to influence any employee or agent of
Maricopa County, the chief procurement officer, or his
designee, reserves the right to seek any remedy provided by the
SERIAL 260088-S
Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
4.35.3
ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT
AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF
PROCUREMENT SERVICES, IS ALLOWED DURING THE
SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN
REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY.
ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS
PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE
CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF
THE RESPONDENT FROM THE EVALUATION PROCESS.
4.36
CONFIDENTIALITY
In the course of the solicitation process, the County may disclose
information that is proprietary or confidential. By submitting a bid to the
solicitation, the offeror agrees that, except as necessary to prepare a
response to this solicitation, neither it nor its agents or employees will
communicate, divulge, or disseminate to any third-party persons or
entities, any information that is disclosed to it by the County during the
course of these discussions without the express written authorization of
the County. If the offeror does disclose County proprietary or confidential
information to a third-party in preparing a response to this solicitation, it
shall require the third-party to acknowledge and comply with this
provision.
4.37
CONFIDENTIAL INFORMATION
4.37.1
Any information obtained in the course of performing this
contract may include information that is proprietary or
confidential to the County. This provision establishes the
contractor’s obligation regarding such information.
4.37.2
The Contractor shall establish and maintain procedures and
controls that are adequate to assure that no information
contained in its records and/or obtained from the County or
from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers,
or employees, except as required to efficiently perform duties
under the contract. Contractor’s procedures and controls, at a
minimum, must be the same procedures and controls it uses to
protect its own proprietary or confidential information. If, at any
time during the duration of the contract, the County determines
that the procedures and controls in place are not adequate, the
contractor shall institute any new and/or additional measures
SERIAL 260088-S
requested by the County within 15 business days of the written
request to do so.
4.37.3
Any requests to the contractor for County proprietary or
confidential information shall be referred to the County for
review and approval, prior to any dissemination.
4.38
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and
must be retained by the records manager at the Maricopa County Office
of Procurement Services. Offers shall be open to public inspection and
copying after contract award and execution, except for such offers or
sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes
that information in its offer or any resulting contract should not be
released in response to a public record request, under Arizona law, the
offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons
that the information should not be disclosed. Such reasons shall include
the specific harm or prejudice which may arise from disclosure. The
records manager of the Office of Procurement Services shall determine
whether the identified information is confidential pursuant to the
Maricopa County Procurement Code.
4.39
INTEGRATION
This contract represents the entire and integrated agreement between the
parties
and
supersedes
all
prior
negotiations,
proposals,
communications, understandings, representations, or agreements,
whether oral or written, expressed, or implied.
4.40
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all
applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200
et seq.
4.41
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue
for any actions or lawsuits involving this contract will be in Maricopa
County Superior Court, Phoenix, Arizona.
SERIAL 260088-S
4.42
FORCED LABOR
4.42.1
By submitting a bid for this solicitation and/or entering into a
contract as a result of this solicitation, contractor agrees to
comply with all applicable portions of Arizona Revised Statutes
Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
4.42.2
Contractor certifies that it does not currently, and agrees for the
duration of the contract, that it will not use:
4.42.2.1
The forced labor of ethnic Uyghurs in the People’s
Republic of China.
4.42.2.2
Any goods or services produced by the forced labor
of ethnic Uyghurs in the People’s Republic of China.
4.42.2.3
Any contractors, subcontractors or suppliers that
use the forced labor or any good or services
produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
4.42.3
If contractor becomes aware during the term of the agreement
that contractor is not in compliance with this paragraph, the
contractor shall notify the County within five business days
after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the
contractor has remedied the noncompliance within 180 days
after notifying the County of its noncompliance, then the
agreement terminates, except that if the agreement termination
date occurs before the end the 180 day period, the agreement
terminates on the agreement termination date.
4.43
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and contractor’s
license agreement, if applicable, the terms of this contract shall prevail.
4.44
UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD
MANAGEMENT REGISTRATION
All
contractors
must
have
a
UEI
number
through
https://sam.gov/content/entity-registration.
Contractor
must
also
maintain current information and active registration with the System for
Award Management (www.sam.gov) throughout the term of the contract.
SERIAL 260088-S
4.45
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs
incurred, shall not include any expense for any religious activity.
4.46
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the
County or the contractor under the agreement shall be used in the
performance of this agreement for any partisan political activity, or to
further the election or defeat of any candidate for public office.
4.47
EQUAL EMPLOYMENT OPPORTUNITY
4.47.1
The contractor shall not discriminate against any employee or
applicant for employment because of race, age, disability, color,
religion, sex, or national origin. The contractor shall take
affirmative action to ensure applicants are employed and that
employees are treated during employment without regard to
their race, age, disability, color, religion, sex, or national origin.
Such action shall include but is not limited to the following:
employment, upgrading, demotion or transfer, recruitment, or
recruitment advertising, lay-off or termination, rates of pay or
other forms of compensation, and selection for training,
including apprenticeship.
4.47.2
Contractor shall comply with the following provisions:
4.47.2.1
Title VI and VII of the Civil Rights Act of 1964, as
amended (42 U.S.C. §§ 2000a, et seq.);
4.47.2.2
The Rehabilitation Act of 1973, as amended (29
U.S.C. §§ 701, et seq.);
4.47.2.3
The Age Discrimination in Employment Act of 1967,
as amended (29 U.S.C. §§ 621, et seq.);
4.47.2.4
The Americans With Disabilities Act of 1990 (42
U.S.C. §§ 12101, et seq.); and Arizona Executive
Order 2009-09, as amended, et seq. which
mandates that all persons shall have equal access
to employment opportunities.
4.47.2.5
Contractor understands that the United States has
the right to seek judicial enforcement of this
assurance.
SERIAL 260088-S
4.48
CERTIFICATION REGARDING LOBBYING
4.48.1
Contractor certifies, to the best of their knowledge and belief,
that:
4.48.1.1
No federal appropriated funds have been paid or
will be paid, by or on behalf of the contractor, to any
person for influencing or attempting to influence an
officer or employee of any agency. This applies to
a Member of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with the awarding of any
federal contract, the making of any federal grant.
Including the making of any federal, loan the
entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or
cooperative agreement.
4.48.2
If any funds other than federal appropriated funds, have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, member of
Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal
contract,
grant,
loan,
or
cooperative
agreement,
the
undersigned shall complete and submit Standard Form-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its
instructions.
4.48.3
Contractor shall include Lobbying Certification language in the
award documents for all subcontractors (including sub-grants,
and contract under grants, loans, and cooperative agreements)
and that all sub-recipients shall certify and disclose
accordingly.
4.48.3.1
The
Lobbying
Certification
is
a
material
representation of fact upon which reliance was
placed when this transaction is made or entered
into. Submission of this certification is prerequisite
for making or entering into this transaction
imposed by section 1352, Title 31, U.S. Code. Any
successful proposer(s) who fail to file the required
certification shall be subject to a civil penalty of not
less
than
$10,000.00
and
not
more
than
$100,000.00 for each such failure.
SERIAL 260088-S
4.49
CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C.
7606), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive
Order 11738, and Environmental Protection Agency regulations.
4.50
ENERGY POLICY AND CONSERVATION ACT
Contractor must adhere to the standards and policies relating to energy
efficiency, which are contained in the State energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub.
L. 94-163, 89 Stat.871).
4.51
CONTRACT DISPUTES
All contract disputes will be handled in accordance with the Maricopa
County Procurement Code, MCI-906.
4.52
COMPLIANCE WITH WEB CONTENT ACCESSIBILITY GUIDELINES
(WCAG)
Contractor agrees and warrants that all of its web content services and
products and all of its mobile apps services and products, covered under
this contract, and in all languages provided, comply with Level A and Level
AA success criteria and conformance requirements specified in the Web
Content Accessibility Guidelines (WCAG) 2.1(AA) or will be modified to be
compliant prior to delivery or installation to County. Contractor further
agrees and warrants that all web content services and products and all
mobile apps services and products, in all languages provided, shall remain
in full compliance with the above WCAG success criteria and
conformance requirements during the term of the contract. Contractor
agrees to immediately notify County in the event it becomes aware that
any web content services and products or any mobile apps services and
products provided under this contract become non-compliant with the
above WCAG success criteria and conformance requirements, if
applicable. In such an event, Contractor agrees it will work to remediate
any identified compliance deficiencies and will notify County concerning
the estimated remediation completion date. Upon request, contractor
shall provide County with documentation, including but not limited to a
third-party assessment certificate, substantiating compliance of the
services or products with the above WCAG success criteria and
conformance requirements and any other applicable governmental
regulations regarding accessibility. Non-compliance with the above
WCAG success criteria and conformance requirements will be deemed a
material breach of the contract and the County may immediately
terminate the contract or impose other legal remedies at the County’s
SERIAL 260088-S
discretion, including suspension of services and/or products. The County
reserves the right to audit contractor’s compliance with the above WCAG
success criteria and conformance requirements. The contractor will
indemnify, defend, and hold harmless the County against any third-party
claims arising from the contractor’s non-compliance with the above
WCAG success criteria and conformance requirements.