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260089-C
SPECIAL BUY: MISCELLANEOUS FOOD ITEMS
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 SPECIAL BUY: MISCELLANEOUS FOOD ITEMS
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/mc
Attach
Copy to:
Office of Procurement Services
Sammi Birchard, MCSO
(Please remove Serial 210209-C from your contract notebooks)
SERIAL # 260089-C
ADELLE WAY, 7901 4TH ST N STE 27366, ST. PETERSBURG, FL 33702
COMPANY NAME:
Adelle Way
DOING BUSINESS AS (dba):
MAILING ADDRESS:
7901 4th St N Ste 27366
St. Petersburg, FL 33702
REMIT TO ADDRESS:
TELEPHONE NUMBER:
786-657-8158
WWW ADDRESS:
www.adelleway.com
CONTACT NAME:
Harold Jean-Baptiste
CONTACT TELEPHONE NUMBER:
786-657-8158
CONTACT EMAIL ADDRESS:
hbaptiste@adelleway.com
UNIQUE ENTITY IDENTIFIER (UEI):
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000011721
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
387< &2817< $772
SERIAL # 260089-C
ADVANCED COMMODITIES DBA MIDWEST QUALITY FOODS, 840 W. BARTLETT RD.,
STE 3, BARTLETT, IL 60103
COMPANY NAME:
Advanced Commodities
DOING BUSINESS AS (dba):
Midwest Quality Foods
MAILING ADDRESS:
840 W. Bartlett Rd., Ste 3
Bartlett, IL 60103
REMIT TO ADDRESS:
840 W. Bartlett Rd., Ste 3
Bartlett, IL 60103
TELEPHONE NUMBER:
630-372-9200
WWW ADDRESS:
CONTACT NAME:
Jill Sulita
CONTACT TELEPHONE NUMBER:
630-372-9200
CONTACT EMAIL ADDRESS:
jsulita@advcominc.com
UNIQUE ENTITY IDENTIFIER (UEI):
Mmr6d4jw56s5
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000005850
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
06/09/2026
SERIAL # 260089-C
ANNA SNOW LLC DBA BABYLUCK, 2515 LARAMIE DR UNIT 160, COLORADO
SPRINGS, CO 80910
COMPANY NAME:
Anna Snow LLC
DOING BUSINESS AS (dba):
Babyluck
MAILING ADDRESS:
2515 Laramie Dr Unit 160
Colorado Springs, CO 80910
REMIT TO ADDRESS:
2515 Laramie Dr Unit 160
Colorado Springs, CO 80910
TELEPHONE NUMBER:
719-660-3969
WWW ADDRESS:
www.babyluckretail.com
CONTACT NAME:
Lili Han
CONTACT TELEPHONE NUMBER:
719-660-3969
CONTACT EMAIL ADDRESS:
lily@babyluckretail.com
UNIQUE ENTITY IDENTIFIER (UEI):
DJPLSET5P9K6
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
1% 10 DAYS NET 30 DAYS
Vendor Number
VS0000011733
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
SERIAL # 260089-C
BILLINGSLEY PRODUCE SALES, INC., 5100 CALIFORNIA AVE, STE 228, BAKERSFIELD,
CA 93309
COMPANY NAME:
Billingsley Produce Sales, Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
5100 California Ave, Ste 228
Bakersfield, CA 93309
REMIT TO ADDRESS:
5100 California Ave, Ste 228
Bakersfield, CA 93309
TELEPHONE NUMBER:
661-321-0793
WWW ADDRESS:
CONTACT NAME:
Doug Heitman
CONTACT TELEPHONE NUMBER:
661-321-0793
CONTACT EMAIL ADDRESS:
doug@billingsleyproduce.com
UNIQUE ENTITY IDENTIFIER (UEI):
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000002408
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
06/09/2026
SERIAL # 260089-C
CHAMPION’S VENDING SOLUTIONS, LLC, 601 W. FILLMORE ST., STE 248, PHOENIX,
AZ 85003
COMPANY NAME:
Champion’s Vending Solutions, LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
601 W. Fillmore St., Ste 248
Phoenix, AZ 85003
REMIT TO ADDRESS:
601 W. Fillmore St., Ste 248
Phoenix, AZ 85003
TELEPHONE NUMBER:
602-596-5298
WWW ADDRESS:
http//www.phxvendingco.com
CONTACT NAME:
Bill Lamberson
CONTACT TELEPHONE NUMBER:
602-596-5298
CONTACT EMAIL ADDRESS:
billphxvendingco@gmail.com
UNIQUE ENTITY IDENTIFIER (UEI):
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
2% 10 DAYS NET 30 DAYS
Vendor Number
VS0000011682
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
SERIAL # 260089-C
FOODS GALORE, INC., 500 HIGHLAND DR., STE B, WESTAMPTON, NJ 08060
COMPANY NAME:
Foods Galore, Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
500 Highland Dr. STE B
Westampton, NJ 08060
REMIT TO ADDRESS:
500 Highland Dr. STE B
Westampton, NJ 08060
TELEPHONE NUMBER:
800-220-0123
WWW ADDRESS:
www.foodsgalore.com
CONTACT NAME:
Laura Cartwright
CONTACT TELEPHONE NUMBER:
215-353-2890
CONTACT EMAIL ADDRESS:
lcartwright@foodsgaloreusa.com
UNIQUE ENTITY IDENTIFIER (UEI):
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000005849
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
387< &2817< $7725
SERIAL # 260089-C
GLOBAL FOODS INC, 8700 SPANISH RIDGE AVE., LAS VEGAS, NV 89148
COMPANY NAME:
Global Foods Inc
DOING BUSINESS AS (dba):
MAILING ADDRESS:
8700 Spanish Ridge Ave.
Las Vegas, NV 89148
REMIT TO ADDRESS:
PO Box 400818
Las Vegas, NV 89140-0818
TELEPHONE NUMBER:
702-212-4537
WWW ADDRESS:
CONTACT NAME:
Amanda Childers
CONTACT TELEPHONE NUMBER:
702-212-4537
CONTACT EMAIL ADDRESS:
amandav@globalfoodslv.com
UNIQUE ENTITY IDENTIFIER (UEI):
KVPHGBG6KLZ4
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VC0000009151
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
06/09/2026
SERIAL # 260089-C
GOOD SOURCE SOLUTIONS, 3115 MELROSE DR STE 160, CARLSBAD, CA 92010
COMPANY NAME:
GOOD SOURCE SOLUTIONS
DOING BUSINESS AS (dba):
MAILING ADDRESS:
3115 MELROSE DR STE 160
CARLSBAD, CA 92010
REMIT TO ADDRESS:
3115 MELROSE DR STE 160
CARLSBAD, CA 92010
TELEPHONE NUMBER:
760-448-8222
WWW ADDRESS:
www.goodsource.com
CONTACT NAME:
Brandi Spracklin
CONTACT TELEPHONE NUMBER:
760-448-8222
CONTACT EMAIL ADDRESS:
bspracklin@goodsource.com
UNIQUE ENTITY IDENTIFIER (UEI):
KE4HSPDRERN3
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VC0000003354
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
387< &2817< $7725
SERIAL # 260089-C
JNS FOODS LLC, 1401 N UNIVERSITY DR, STE 602, CORAL SPRINGS, FL 33071
COMPANY NAME:
JNS FOODS LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1401 N UNIVERSITY DR STE 602
CORAL SPRINGS, FL 33071
REMIT TO ADDRESS:
1401 N UNIVERSITY DR STE 602
CORAL SPRINGS, FL 33071
TELEPHONE NUMBER:
954-718-7958
WWW ADDRESS:
www.jnsfoods.com
CONTACT NAME:
Staci Lang
CONTACT TELEPHONE NUMBER:
954-718-7958
CONTACT EMAIL ADDRESS:
bidpricing@jnsfoods.com
UNIQUE ENTITY IDENTIFIER (UEI):
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VC0000002168
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
SERIAL # 260089-C
NATIONAL FOOD GROUP INC, 46820 MAGELLAN DR, STE A, NOVI, MI 48377-2454
COMPANY NAME:
NATIONAL FOOD GROUP INC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
46820 MAGELLAN DR STE A
NOVI, MI 48377-2454
REMIT TO ADDRESS:
PO BOX 772931
DETROIT, MI 48277-2931
TELEPHONE NUMBER:
248-560-2372
WWW ADDRESS:
www.nationalfoodgroup.com
CONTACT NAME:
Michael Schacht
CONTACT TELEPHONE NUMBER:
248-560-2372
CONTACT EMAIL ADDRESS:
mschacht@nationalfoodgroup.com
UNIQUE ENTITY IDENTIFIER (UEI):
W2Y7WG93LRS5
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VC0000003760
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
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06/09/2026
387< &2817< $772
SERIAL # 260089-C
ROBBINS SALES COMPANY INC, PO BOX 251, SYOSSET, NY 11791
COMPANY NAME:
Robbins Sales Company Inc
DOING BUSINESS AS (dba):
MAILING ADDRESS:
PO BOX 251
SYOSSET, NY 11791
REMIT TO ADDRESS:
PO BOX 251
SYOSSET, NY 11791
TELEPHONE NUMBER:
215-498-1407
WWW ADDRESS:
www.robbinssales.com
CONTACT NAME:
Mitch Cohen
CONTACT TELEPHONE NUMBER:
215-498-1407
CONTACT EMAIL ADDRESS:
mitch@robbinssales.com
UNIQUE ENTITY IDENTIFIER (UEI):
D4QLZ68KSM16
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000011415
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
387< &2817< $772
SERIAL # 260089-C
SHAVER FOODS LLC, 1419 S BEECHWOOD AVE, FAYETTEVILLE, AR 72701
COMPANY NAME:
SHAVER FOODS LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1419 S BEECHWOOD AVE
FAYETTEVILLE, AR 72701
REMIT TO ADDRESS:
1419 S BEECHWOOD AVE
FAYETTEVILLE, AR 72701
TELEPHONE NUMBER:
479-442-6340
WWW ADDRESS:
www.shaverfoods.com
CONTACT NAME:
Jennifer Barnes
CONTACT TELEPHONE NUMBER:
479-443-8508
CONTACT EMAIL ADDRESS:
jennifer.barnes@shaverfoods.com
UNIQUE ENTITY IDENTIFIER (UEI):
KZ6RQ2GPDXG3
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 15 DAYS
Vendor Number
VC0000006298
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
06/09/2026
SERIAL # 260089-C
SYSCO DBA SYSCO ARIZONA INC, 611 S. 80TH STREET, TOLLESON, AZ 85353
COMPANY NAME:
Sysco
DOING BUSINESS AS (dba):
Sysco Arizona Inc
MAILING ADDRESS:
611 S. 80th Street
Tolleson, AZ 85353
REMIT TO ADDRESS:
611 S. 80th Street
Tolleson, AZ 85353
TELEPHONE NUMBER:
623-936-9920
WWW ADDRESS:
Sysco.com
CONTACT NAME:
Jules Roussel
CONTACT TELEPHONE NUMBER:
702-546-0661
CONTACT EMAIL ADDRESS:
jules.roussel@sysco.com
UNIQUE ENTITY IDENTIFIER (UEI):
NJEDMXGJQVV1
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000011720
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
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06/09/2026
SERIAL # 260089-C
THE FOOD EXCHANGE LLC, 5650 EL CAMINO REAL, STE 235, CARLSBAD, CA 92008
COMPANY NAME:
THE FOOD EXCHANGE LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
5650 EL CAMINO REAL STE 235
CARLSBAD, CA 92008
REMIT TO ADDRESS:
5650 EL CAMINO REAL STE 235
CARLSBAD, CA 92008
TELEPHONE NUMBER:
760-522-0507
WWW ADDRESS:
www.thefoodexchangellc.com
CONTACT NAME:
Nicole Stine
CONTACT TELEPHONE NUMBER:
760-522-0507
CONTACT EMAIL ADDRESS:
nicole@thefoodexchangellc.com
UNIQUE ENTITY IDENTIFIER (UEI):
D1LHWD72LL59
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VC0000004258
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
06/09/2026
SERIAL # 260089-C
ZALA VETERAN OWNED LLC, 6751 N SUNSET BLVD, STE 320, GLENDALE, AZ 85305
COMPANY NAME:
ZALA VETERAN OWNED LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
6751 N SUNSET BLVD STE 320
GLENDALE, AZ 85305
REMIT TO ADDRESS:
6751 N SUNSET BLVD STE 320
GLENDALE, AZ 85305
TELEPHONE NUMBER:
619-252-3738
WWW ADDRESS:
www.zalabbq.com
CONTACT NAME:
James Darden
CONTACT TELEPHONE NUMBER:
619-252-3738
CONTACT EMAIL ADDRESS:
zalaveteranowned@gmail.com
UNIQUE ENTITY IDENTIFIER (UEI):
GX4DYGF2S318
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
Pricing will be established in response to Requests for Quotes for On Demand Buys and
Opportunity Buys during the term of this contract.
PRICING SHEET: 39300
Terms:
NET 30 DAYS
Vendor Number
VS0000011722
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2028.
$77$&+0(17% $*5((0(173$*(
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06/09/2026
SERIAL # 260089-C
SPECIAL BUY: MISCELLANEOUS FOOD ITEMS
1.0
INTENT
1.1
The intent of this solicitation is a multiple award contract that will establish
a list of vendors from which Maricopa County Sheriff’s Office (MCSO) can
solicit food items/commodities on an as-needed basis, based on qualifying
requirements for purchase, as per Sections 2.0 and 3.0, below.
1.2
Other governmental entities under agreement with Maricopa County
(County) may have access to services provided hereunder (see also
Sections 3.14 and 3.15 below).
1.3
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.
1.4
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.
1.5
Contract 210209-C will be replaced upon award.
2.0
SPECIFICATIONS
2.1
All awarded vendors shall have the ability to respond to requests for quotes
for On Demand Buys and Opportunity Buys during the term of this contract
(see below, Section 2.2 - On Demand Buys and Section 2.3 Opportunity
Buys).
2.2
ON DEMAND BUYS
2.2.1
From time to time, MCSO may issue, through the County’s e-
procurement platform, BidNet, requests for quotes for specific
food items delivery(ies), as may be specified. All awarded
contractors shall receive notice through the e-procurement
platform to submit quotes for the request product(s) in the
specified timeframe (typically three to five days).
2.2.2
Requests for quotes for food item(s) shall include, but are not
limited to legumes, breads, dairy, and fresh, processed, or
packaged fruits and vegetables, and any other food items that may
be needed occasionally. Quantities may be less than and up to a
truckload(s) (e.g., 45,000 pounds).
SERIAL # 260089-C
2.2.3
All submissions of pricing in response to requests for quotes shall
be priced in the same unit (size, volume, quantity, weight, etc.) as the
bid specifications request. Submissions (bids) failing to comply
with this requirement may be determined to be non-responsive.
2.2.4
On Demand Buys shall be awarded the lowest price, responsive,
responsible bidder(s) providing items that comply with the
specifications as indicated in requests for quotes.
2.3
OPPORTUNITY BUYS
2.3.1
In the event that an awarded contractor has items that meet any of
the criteria below, the contractor may contact the authorized
County representative with the following information; quantity of
product, packaging description, nutritional information, ingredient
list, cost per unit, extended price and offer expiration date. If the
County determines that it is interested in the offered product, the
County shall issue a request for quote as described in Section 2.2.1
in order to determine if the offered product and price are in the best
interest of the County to award. Opportunity buys shall include:
2.3.1.1
Imperfect products that do not meet the standard for a
manufacturers #1 product (usually retail). These
products to have only slight cosmetic imperfections, are
to be current pack, and have the same nutritional value
as the #1 product.
2.3.1.2
One-time inventories that are the result of a variety of
circumstances, including, but not limited to, change of
pack, over production, mislabeling, nearing code date,
misformulation, or a test product that didn't sell well.
2.3.1.3
Food items, including, but not limited to, breads, dairy,
and fresh, processed, packaged, fruits and vegetables,
and any other food items that may be needed
occasionally. Quantities may be less than and up to a
truckload(s) (approximately 40,000 pounds) or less.
2.3.2
Opportunity Buys shall be awarded the lowest price responsive,
responsible bidder(s) providing items that comply with the
specifications as indicated in requests for quotes.
2.4
GENERAL REQUIREMENTS
2.4.1
The following requirements will apply to any items quoted and/or
ordered, unless specific/alternate requirements are provided in
SERIAL # 260089-C
writing by MCSO. Upon delivery, items not meeting these
requirements will be returned at the contractor’s expense.
2.4.1.1
All products must be of the latest pack, and within
specified pack dates and/or expected shelf life.
2.4.1.2
Upon delivery, items will be inspected. No distressed,
damaged, or merchandise deemed unfit-for-use will be
accepted.
2.4.1.3
For packaged/manufactured products, except for bulk
deliveries of fruits and vegetables, and unless otherwise
specified or excepted, the minimum shelf life for any
product shall be one year from date of manufacture and
no more than 60 days past the date of manufacture
before date of shipment.
2.4.1.3.1
Damaged, torn, leaking bags, or product that
show evidence of moisture damage or pests
will be replaced at no charge or credited if
the contractor is notified within three
months of delivery date.
2.4.1.4
Kosher certifications, if required, and nutritional
information shall be provided upon request.
2.4.1.5
Ingredient listing and standard nutritional panels shall be
provided for all items and shall be listed per industry
standard (e.g., on the case, bag, packing slip, etc.).
2.4.1.6
Goods must be U.S.D.A. grade as specified. Verification
of grade and/or pack shall be provided upon request, e.g.
a Certificate of Analysis (COA).
2.4.1.7
Unless otherwise specified, all products must be
palletized and shrink-wrapped. Products delivered on
slip sheets only will be refused.
2.4.1.7.1
Pallet height restriction - no higher than 48
inches.
2.4.1.7.2
NO PALLET EXCHANGE provided.
2.4.1.7.3
Other packaging, as may be specified.
2.4.1.8
Food products shall not be hauled with non-food items
without prior approval by MCSO.
SERIAL # 260089-C
2.4.1.9
Unless otherwise specified, (e.g., bulk deliveries of fruit
and vegetables), the maximum weight per individual
shipping unit (e.g. any box, case, bag, or container
items/product or packed for shipping shall not weigh
more than 50 pounds).
2.4.1.10
Product substitutions must be approved by MCSO prior
to
delivery.
All
products
must
be
the
exact
manufacturer’s product offered or as specified. If a
product is not available, contractor shall notify MCSO in
advance, no more than one business day after receipt of
purchase order, to offer a suitable replacement of the
same or better quality, and at the same price as the
original item. If the vendor is not able to supply the
product requested, the County has the option to
purchase it from another provider.
2.4.1.11
In the event of a product recall, the contractor will bear
the cost incurred by MCSO for transporting, storing,
pickup, and any price difference for a replacement
product.
2.4.1.12
Swollen, rusted, or dented cans are to be replaced at no
charge or credited if the contractor is notified within
three months of delivery date.
2.4.1.13
In the event of off-flavor, inferior product (does not meet
product specs), or damaged product, product must be
replaced at no charge or credited back to the County if
the contractor is notified within three months of delivery
date.
2.4.1.14
The County reserves the right to request case samples
to determine the packaging, quality, and acceptability of
products bid. In some cases, brand names may be listed
to define quality, however, this should in no way be
construed as to restrict bidding on products which meet
or exceed this minimum.
2.4.1.15
Contractor shall include point of origin for all products
on the invoice.
2.4.1.16
Cash discounts and/or rebates must be passed along to
the County.
2.4.1.17
Pricing discrepancies on billing require a credit to be
issued for the amount over billed.
SERIAL # 260089-C
2.4.1.18
Failure to supply items bid will be cause for rejection
upon delivery by the using department. Contract
Termination For Default as per Section 4.17 may be
exercised for continued failure of vendor to meet all
contract requirements.
2.4.1.19
No fuel charges will be accepted under this contract.
2.5
TRANSPORTATION OF FOOD PRODUCT
2.5.1
Contractor shall follow the most current Food and Drug
Administration’s Food Safety Modernization Act (FSMA) for the
transportation of food products that protect against physical,
chemical, and microbiological contamination, and dictate that
proper refrigeration or temperature control is required throughout
the handling and distribution process; this includes storing,
loading, or unloading, pest control, qualified drivers (licensed as
per Federal, state, and local regulations), safe and secure transport,
and the proper use of security seals.
2.5.2
In the event of a product contamination issue, contractor must
have the ability to trace back products to the point of origin.
Evidence of such procedures should be submitted in your proposal
and with your HACCP Plan, Food Security and Safety program,
including a pest control policy.
2.6
CONTRACTOR REQUIREMENTS
2.6.1
Contractor shall use refrigerated vehicles for transporting produce,
frozen food and other items as may be required.
2.6.2
Contractor shall be required to submit a summary of recall policy
and procedures.
2.6.3
Contractor must follow appropriate handling and storage
practices, and be able to show proof of sanitation procedures, and
an active pest control program upon request.
2.6.4
Contractor shall have in place and be able to show evidence of a
Hazard Analysis Critical Control Point (HACCP) upon request.
3.0
PURCHASING REQUIREMENTS
3.1
DELIVERY
3.1.1
Delivery is desired as soon as possible, and details shall be
stipulated on the purchase order. Contractor shall notify the County
SERIAL # 260089-C
representative listed on the order if the requested delivery date
and/or the anticipated lead time cannot be met. Failure to
communicate to County changes in the order status may result in
default proceedings.
3.1.2
Supplies or equipment shall be delivered between the hours of 6:00
a.m. and 2:00 p.m. MST, Monday through Thursday, except on
County recognized holidays.
3.1.3
Delivery shall be F.O.B. Destination Freight Prepaid:
MCSO Food Factory
3150 W Lower Buckeye Rd., Ste A
Phoenix, Arizona 85009
3.2
EXPEDITED DELIVERY
3.2.1
If the department determines that expedited delivery or other
alternate shipping is required, it shall notify the contractor.
Contractor shall determine any additional costs associated with
such delivery terms and communicate that cost to the department.
3.2.2
The department shall not advise the contractor to proceed with an
expedited shipment until acceptable terms are agreed upon, and a
purchase order is issued. Upon agreeing to the additional costs,
the department shall advise the contractor to proceed.
3.2.3
Upon receipt of material(s) and invoicing, the department shall
ensure that any additional charges are in compliance with and do
not exceed agreed to costs. The department shall retain all
documents related to these costs within the agency purchase file.
3.3
SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each
shipment and shall include the following:
3.3.1
Contract serial number
3.3.2
Contractor’s name and address
3.3.3
Department name and address
3.3.4
Department purchase order number
SERIAL # 260089-C
3.3.5
A description of product(s) shipped, including item number(s),
quantity(ies), number of containers and package number(s), as
applicable
3.4
SHIPPING TERMS
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the
location(s) stipulated on the purchase order. All delivery locations are within
Maricopa County.
3.5
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.
3.6
ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty
period shall begin. Successful service delivery shall be defined as a)
material(s)/equipment is installed (as necessary) and fully operational; and
b) the department has deemed all service/work completed, including but
not limited to any inspection, repair, installation, design, development,
deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.7
WARRANTY
3.7.1
All services furnished under this contract shall conform to the
requirements of this contract.
3.7.2
Service and/or Repair Warranty
3.7.2.1
The warranty shall cover all parts and labor for a period
of one year from formal acceptance by the County. Any
manufacturer warranty beyond one year shall be passed
on to the County.
3.7.2.2
Contractor shall indicate on the price sheet the duration
of the warranty and any applicable limitations or
conditions which may apply.
3.7.2.3
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
SERIAL # 260089-C
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.
3.8
USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating
the acquisition activity governed by the contract. The format of the report
shall be approved by the County and shall disclose the quantity and dollar
value of each contract item by individual unit.
3.9
BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass
multiple background checks (e.g. Sheriff’s Office, County Attorney's Office,
Courts, as well as County general government) to determine if the
respondent is acceptable to do business with the County. This applies to
(but is not limited to) the company, subcontractors, and employees.
3.10
INVOICES AND PAYMENTS
3.10.1
Contractor shall submit one legible copy of their detailed invoice
before payment(s) will be made. Incomplete invoices will not be
processed. At a minimum, the invoice must provide the following
information:
ƍ
Company name, address, and contact information
ƍ
County bill-to name and contact information
ƍ
Contract serial number
ƍ
County purchase order number
ƍ
Invoice number and date
ƍ
Payment terms
ƍ
Date of service or delivery
ƍ
Quantity (e.g., number of days or weeks)
ƍ
Contract item number(s)
ƍ
Arrival time and completion time (if applicable)
ƍ
Description of purchase (product or services)
ƍ
Point of origin for all product purchased
ƍ
Pricing per unit of purchase
•
Extended price (by line item)
ƍ
Total amount due
3.10.2
Invoicing and problems regarding billing or invoices shall be
directed to the department as listed on the purchase order.
SERIAL # 260089-C
3.10.2.1
MCSO
invoicing
shall
be
submitted
to
mailto:mcso_accounts_payable@mcso.maricopa.gov.
3.10.2.2
Note that, for MCSO invoices, contractor shall not use
other invoice submission processes that may be
described on a purchase order or anywhere else, unless
directed to do so, in writing, by the County’s contact
person for the order.
3.10.3
Payment shall only be made to the contractor by Accounts Payable
through the Maricopa County Vendor Express Payment Program.
This is an Electronic Funds Transfer (EFT) process. After contract
award, the contractor shall complete the Vendor Registration Form
accessible through the County Department of Finance Vendor
Registration website at https://www.maricopa.gov/5169/Vendor-
Information).
3.10.4
Discounts offered in the contract shall be calculated based on the
date a properly completed invoice is received by the County.
3.10.5
EFT payments to the routing and account numbers designated by
the contractor shall include the details on the specific invoices that
the payment covers. Contractor is required to discuss remittance
delivery capabilities with their designated financial institution for
access to those details.
3.11
APPLICABLE TAXES
3.11.1
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.
3.11.2
The County will look at the price or offer submitted and will not
deduct, add, or alter pricing based on speculation or application of
any taxes, nor will the County provide contractor any advice or
guidance regarding taxes. If you have questions regarding your tax
liability, seek advice from a tax professional prior to submitting
your
bid.
You
may
also
find
information
at
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.
SERIAL # 260089-C
3.11.3
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).
3.12
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.
3.13
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.
3.14
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE
includes the State of Arizona, many Phoenix metropolitan area
municipalities, and many K-12 unified school districts. Under the SAVE
Cooperative Purchasing Agreement, and with the concurrence of the
successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If
contractor does not want to grant such access to a member of SAVE, state
so in the bid. In the absence of a statement to the contrary, the County will
assume that contractor does wish to grant access to any contract that may
result from this bid. The County assumes no responsibility for any
purchases by using entities.
3.15
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
SERIAL # 260089-C
contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its
applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this
contract if it meets their individual requirements. Other governmental
agencies may enter into a separate Statement of Work with the contractor
to meet their own requirements. The County is not a party to any uses of
this contract by other governmental entities.
4.0
CONTRACTUAL TERMS & CONDITIONS
4.1
CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing
contract to cover a term of two years.
4.2
OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor,
renew the term of this contract up to a maximum of three additional year(s),
(or at the County’s sole discretion, extend the contract on a month-to-month
basis for a maximum of six months after expiration). Contractor shall be
notified in writing by the Office of Procurement Services of the County’s
intention to renew the contract term at least 60 calendar days prior to the
expiration of the original contract term.
4.3
CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all
reasonable efforts for an orderly transition of its duties and responsibilities
to another provider and/or to the County. This may include, but is not limited
to, preparation of a transition plan and cooperation with the County or other
providers in the transition. The transition includes the transfer of all records
and other data in the possession, custody, or control of the contractor that
are required to be provided to the County either by the terms of this
agreement or as a matter of law. The provisions of this clause shall survive
the expiration or termination of this agreement.
4.4
PRICE ADJUSTMENTS
4.4.1
Any requests for reasonable price adjustments must be submitted
60 calendar days prior to the contract expiration. Requests for
adjustment in cost of labor and/or materials must be supported by
appropriate documentation. The reasonableness of the request
will be determined by comparing the request with the Consumer
Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the
SERIAL # 260089-C
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.
4.4.2
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, 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.
SERIAL # 260089-C
4.5.2
The amount and type of insurance coverage requirements set forth
herein will in no way be construed as limiting the scope of the
indemnity in this section.
4.5.3
The scope of this indemnification does not extend to the sole
negligence of County.
4.6
INSURANCE
4.6.1
Contractor, at contractor’s own expense, shall purchase and
maintain, at a minimum, the herein stipulated insurance from a
company or companies duly licensed by the State of Arizona and
possessing an AM Best, Inc. category rating of B++. In lieu of State
of Arizona licensing, the stipulated insurance may be purchased
from a company or companies, which are authorized to do
business in the State of Arizona, provided that said insurance
companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
4.6.2
All insurance required herein shall be maintained in full force and
effect until all work or service required to be performed under the
terms of the contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this contract.
4.6.3
In the event that the insurance required is written on a claims-made
basis, contractor warrants that any retroactive date under the
policy shall precede the effective date of this contract and either
continuous coverage will be maintained, or an extended discovery
period will be exercised for a period of two years beginning at the
time work under this contract is completed.
4.6.4
Contractor’s insurance will be primary insurance as respects
County, and any insurance or self-insurance maintained by County
will not contribute to it.
4.6.5
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect the County’s right to coverage afforded under the
insurance policies.
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
SERIAL # 260089-C
secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
4.6.7
The insurance policies required by this contract, except Workers’
Compensation and Errors and Omissions, shall name County, its
agents,
representatives,
officers,
directors,
officials,
and
employees as additional insureds.
4.6.8
The policies required hereunder, except Workers’ Compensation
and Errors and Omissions, shall contain a waiver of transfer of
rights of recovery (subrogation) against County, its agents,
representatives, officers, directors, officials, and employees for any
claims arising out of contractor’s work or service.
4.6.9
If available, the insurance policies required by this contract may be
combined with Commercial Umbrella Insurance policies to meet
the minimum limit requirements. If a Commercial Umbrella
insurance policy is utilized to meet insurance requirements, the
Certificate of Insurance shall indicate which lines the Commercial
Umbrella Insurance covers.
4.6.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance with a
limit of not less than $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
Certificates of Insurance
4.6.9.2.1
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
SERIAL # 260089-C
certificates shall identify this contract
number and title.
4.6.9.2.2
In the event any insurance policy(ies)
required by this contract is (are) written on a
claims-made basis, coverage shall extend
for
two
years
past
completion
and
acceptance of contractor’s work or services
and as evidenced by annual Certificates of
Insurance.
4.6.9.2.3
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.
4.6.9.2.4
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
4.6.9.3
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
SERIAL # 260089-C
contract, if such delay or failure is caused by events, occurrences,
or causes beyond the reasonable control and without negligence
of the parties. Such events, occurrences, or causes include, but are
not limited to, acts of God/nature (including fire, flood, earthquake,
storm, hurricane, or other natural disaster), war, invasion, act of
foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or 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
SERIAL # 260089-C
of termination, County will be liable for payment only for services
rendered prior to the effective date of the termination, provided that
such services are performed in accordance with the provisions of
this contract. County will give written notice of the effective date of
any suspension, amendment, or termination under this section, at
least 10 days in advance.
4.10
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (VISA or Mastercard) to make
payment for orders under this contract.
4.11
INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and
to place orders under this contract.
4.12
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will
be made. Orders will only be placed under this contract when the County
identifies a need and proper authorization and documentation have been
approved.
4.13
PURCHASE ORDERS
4.13.1
County reserves the right to cancel purchase orders within a
reasonable period of time after issuance. Should a purchase order
be canceled, the County agrees to reimburse the contractor for
actual and documentable costs incurred by the contractor in
response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, or for shipment of product prior to
issuance of purchase order.
4.13.2
Contractor agrees to accept verbal notification of cancellation of
purchase orders from the County with written notification to follow.
Contractor specifically acknowledges to be bound by this
cancellation policy.
4.14
SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend,
delay, or interrupt all or any part of the work of this contract for the period
of time that the procurement officer determines appropriate for the
convenience of the County. No adjustment shall be made under this clause
for any suspension, delay, or interruption to the extent that performance
SERIAL # 260089-C
would have been so suspended, delayed, or interrupted by any other cause,
including the fault or negligence of the contractor. No request for
adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the
date of final payment under the contract.
4.15
STOP WORK ORDER
4.15.1
The procurement officer may, at any time, by written order to the
contractor, require the contractor to stop all, or any part, of the work
called for by this contract for a period of 90 calendar days after the
order is delivered to the contractor, and for any further period to
which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon
receipt of the order, the contractor shall immediately comply with
its terms and take all reasonable steps to minimize the incurrence
of costs allocable to the work covered by the order during the
period of work stoppage. Within a period of 90 calendar days after
a stop work order is delivered to the contractor, or within any
extension of that period to which the parties shall have agreed, the
procurement officer shall either:
4.15.2
cancel the stop work order; or
4.15.3
terminate the work covered by the order as provided in the
Termination for Default or the Termination for Convenience clause
of this contract.
4.15.4
The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the contractor demonstrates
that the stop work order resulted in an increase in costs to the
contractor.
4.16
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by
providing 60 calendar days advance notice to the contractor.
4.17
TERMINATION FOR DEFAULT
4.17.1
The County may, by written Notice of Default to the contractor,
terminate this contract in whole or in part if the contractor fails to:
4.17.1.1
deliver the supplies or to perform the services within the
time specified in this contract or any extension;
SERIAL # 260089-C
4.17.1.2
make progress, so as to endanger performance of this
contract; or
4.17.1.3
perform any of the other provisions of this contract.
4.17.2
The County’s right to terminate this contract under these
subparagraphs may be exercised if the contractor does not cure
such failure within 10 business days (or more if authorized in
writing by the County) after receipt of a Notice to Cure from the
procurement officer specifying the failure.
4.18
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511,
the County may cancel any contract without penalty or further obligation
within three years after execution of the contract, if any person significantly
involved in initiating, negotiating, securing, drafting, or creating the contract
on behalf of the County is at any time, while the contract or any extension
of the contract is in effect, an employee or agent of any other party to the
contract in any capacity or consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to
A.R.S. § 38-511, the County may recoup any fee or commission paid or due
to any person significantly involved in initiating, negotiating, securing,
drafting, or creating the contract on behalf of the County from any other
party to the contract arising as the result of the contract.
4.19
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset
from any money due to the contractor any amounts contractor owes to the
County for damages resulting from breach or deficiencies in performance
of the contract.
4.20
SUBCONTRACTING
4.20.1
Contractor may not assign to another contractor or subcontract to
another party for performance of the terms and conditions hereof
without the written consent of the County. All correspondence
authorizing subcontracting must reference the bid serial number
and identify the job or project.
4.20.2
The subcontractor’s rate for the job shall not exceed that of the
prime contractor’s rate, as bid in the pricing section, unless the
prime contractor is willing to absorb any higher rates. The
subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County,
SERIAL # 260089-C
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
The County reserves the right to add and/or delete services to a contract. If
additional services are required from a contract, prices for such additions
will be negotiated between the contractor and the County.
4.23
RIGHTS IN DATA
4.23.1
The County shall have the use of data and reports resulting from a
contract without additional cost or other restriction except as may
be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information
that is relevant to a contract and to the performance thereunder.
4.23.2
Data, records, reports, and all other information generated for the
County by a third party as the result of a contract are the property
of the County and shall be provided in a format designated by the
County or shall be and remain accessible to the County into
perpetuity.
4.24
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW
4.24.1
In accordance with Section MC1-372 of the Maricopa County
Procurement Code, the contractor agrees to retain (physical or
digital copies of) all books, records, accounts, statements, reports,
files, and other records and back-up documentation relevant to this
contract for six years after final payment or until after the
resolution of any audit questions which could be more than six
years, whichever is latest. The County, Federal or state auditors
and any other persons duly authorized by the department shall
have full access to and the right to examine, copy, and make use
of, any and all said materials.
4.24.2
If the contractor’s books, records, accounts, statements, reports,
files, and other records and back-up documentation relevant to this
contract are not sufficient to support and document that requested
services were provided, the contractor shall reimburse Maricopa
SERIAL # 260089-C
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.
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.
SERIAL # 260089-C
4.30
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of
Arizona Executive Order 2009-09, including flow down of all provisions and
requirements to any subcontractors. Executive Order 2009-09 supersedes
Executive Order 99-4 and amends Executive Order 75-5 and is hereby
incorporated into this contract as if set forth in full herein. During the
performance of this contract, contractor shall not discriminate against any
employee, client, or any other individual in any way because of that person’s
age, race, creed, color, religion, sex, disability, or national origin.(Arizona
Executive
Order
2009-09
can
be
viewed
at
https://apps.azsos.gov/public_services/register/2009/46/governor.pdf)
4.31
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and
if this agreement has a value of $100,000 or more, vendor certifies it is not
currently engaged in, and agrees for the duration of this agreement to not
engage in, a boycott of goods or services from Israel. This certification does
not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued
pursuant to 50 U.S.C. § 4842.
4.32
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1
The undersigned (authorized official signing on behalf of the
contractor) certifies to the best of his or her knowledge and belief
that the contractor, its current officers, and directors:
4.32.1.1
are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded
from being awarded any contract or grant by any United
States department or agency or any state, or local
jurisdiction;
4.32.1.2
have not within a three-year period preceding this
contract:
4.32.1.2.1
been convicted of fraud or any criminal
offense in connection with obtaining,
attempting to obtain, or as the result of
performing a government entity (Federal,
state, or local) transaction or contract;
4.32.1.2.2
been convicted of violation of any Federal or
state antitrust statutes or conviction for
embezzlement,
theft,
forgery,
bribery,
falsification or destruction of records,
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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.
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
SERIAL # 260089-C
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.
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.
SERIAL # 260089-C
4.35
INFLUENCE
4.35.1
As prescribed in MC1-1203 of the Maricopa County Procurement
Code, any effort to influence an employee or agent to breach the
Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for disbarment or suspension under MC1-902.
4.35.2
An attempt to influence includes, but is not limited to:
4.35.2.1
A person offering or providing a gratuity, gift, tip, present,
donation, money, entertainment or educational passes
or tickets, or any type of valuable contribution or subsidy
that is offered or given with the intent to influence a
decision, obtain a contract, garner favorable treatment,
or gain favorable consideration of any kind.
4.35.3
If a person attempts to influence any employee or agent of
Maricopa County, the chief procurement officer, or his designee,
reserves the right to seek any remedy provided by the Maricopa
County Procurement Code, any remedy in equity or in the law, or
any remedy provided by this contract.
4.35.4
ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND
ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF
PROCUREMENT
SERVICES,
IS
ALLOWED
DURING
THE
SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN
REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY
COMMUNICATIONS
REGARDING
THE
SOLICITATION,
ITS
PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE
CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE
RESPONDENT FROM THE EVALUATION PROCESS.
4.36
CONFIDENTIALITY
In the course of the solicitation process, the County may disclose
information that is proprietary or confidential. By submitting a bid to the
solicitation, the offeror agrees that, except as necessary to prepare a
response to this solicitation, neither it nor its agents or employees will
communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of
these discussions without the express written authorization of the County.
If the offeror does disclose County 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.
SERIAL # 260089-C
4.37
CONFIDENTIAL INFORMATION
4.37.1
Any information obtained in the course of performing this contract
may include information that is proprietary or confidential to the
County. This provision establishes the contractor’s obligation
regarding such information.
4.37.2
Contractor shall establish and maintain procedures and controls
that are adequate to assure that no information contained in its
records and/or obtained from the County or from others in carrying
out its functions (services) under the contract shall be used by or
disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract.
Contractor’s procedures and controls, at a minimum, must be the
same procedures and controls it uses to protect its own proprietary
or confidential information. If, at any time during the duration of the
contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new
and/or additional measures requested by the County within 15
business days of the written request to do so.
4.37.3
Any requests to the contractor for County proprietary or
confidential information shall be referred to the County for review
and approval, prior to any dissemination.
4.38
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and
must be retained by the records manager at the Maricopa County Office of
Procurement Services. Offers shall be open to public inspection and
copying after contract award and execution, except for such offers or
sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes
that information in its offer or any resulting contract should not be released
in response to a public record request, under Arizona law, the offeror shall
indicate the specific information deemed confidential or proprietary and
submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the
Office of Procurement Services shall determine whether the identified
information is confidential pursuant to the Maricopa County Procurement
Code.
4.39
INTEGRATION
This contract represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, proposals, communications,
SERIAL # 260089-C
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.
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
SERIAL # 260089-C
period, the agreement terminates on the agreement termination
date.
4.43
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.
4.44
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs
incurred, shall not include any expense for any religious activity.
4.45
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County
or the contractor under the agreement shall be used in the performance of
this agreement for any partisan political activity, or to further the election or
defeat of any candidate for public office.
4.46
EQUAL EMPLOYMENT OPPORTUNITY
4.46.1
The contractor shall not discriminate against any employee or
applicant for employment because of race, age, disability, color,
religion, sex, or national origin. The contractor shall take
affirmative action to ensure applicants are employed and that
employees are treated during employment without regard to their
race, age, disability, color, religion, sex, or national origin. Such
action shall include but is not limited to the following: employment,
upgrading, demotion or transfer, recruitment, or recruitment
advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
4.46.2
Contractor shall comply with the following provisions:
4.46.2.1
Title VI and VII of the Civil Rights Act of 1964, as
amended (42 U.S.C. §§ 2000a, et seq.);
4.46.2.2
The Rehabilitation Act of 1973, as amended (29 U.S.C.
§§ 701, et seq.);
4.46.2.3
The Age Discrimination in Employment Act of 1967, as
amended (29U.S.C. §§ 621, et seq.);
SERIAL # 260089-C
4.46.2.4
The Americans With Disabilities Act of 1990 (42 U.S.C.
§§ 12101, et seq.); and Arizona Executive Order 2009-09,
as amended, et seq. which mandates that all persons
shall have equal access to employment opportunities.
4.46.2.5
Contractor understands that the United States has the
right to seek judicial enforcement of this assurance.
4.47
CERTIFICATION REGARDING LOBBYING
4.47.1
Contractor certifies, to the best of their knowledge and belief, that:
4.47.1.1
No federal appropriated funds have been paid or will be
paid, by or on behalf of the contractor, to any person for
influencing or attempting to influence an officer or
employee of any agency. This applies to a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any
federal grant. Including the making of any federal, loan
the entering into of any cooperative agreement, and the
extension,
continuation,
renewal,
amendment,
or
modification of any federal contract, grant, loan, or
cooperative agreement.
4.47.2
If any funds other than federal appropriated funds, have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
4.47.3
Contractor shall include Lobbying Certification language in the
award documents for all subcontractors (including sub-grants, and
contract under grants, loans, and cooperative agreements) and
that all sub-recipients shall certify and disclose accordingly.
4.47.3.1
The Lobbying Certification is a material representation
of fact upon which reliance was placed when this
transaction is made or entered into. Submission of this
certification is prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S.
Code. Any successful proposer(s) who fail to file the
required certification shall be subject to a civil penalty of
SERIAL # 260089-C
not less than $10,000.00 and not more than $100,000.00
for each such failure.
4.48
CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368) Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR
part 15).
4.49
ENERGY POLICY AND CONSERVATION ACT
Contractor must comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
7606), Section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order
11738, and Environmental Protection Agency regulations.
4.50
CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa
County Procurement Code, MCI-906.
4.51
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
SERIAL # 260089-C
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 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.