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CONTRACT PHYSICAL SECURITY SYSTEMS
SERVICE AND PARTS 240017-RFP
This contract is entered into this 6th day of December 2023 by and between Maricopa County (County), a
political subdivision of the State of Arizona, and Lanmor Services Inc., an Arizona corporation (Contractor)
for the purchase of routine and emergency repair services for various County audio, video, and other
associated security systems. Additionally, the County is seeking the services of Contractor(s) to perform
factory authorized card access device repair, upgrades, installation and monitoring of new or existing
hardware and software for Identiv Velocity Series 3.8.4 and higher client enterprise software/server and
related systems. Contractor shall provide all parts, labor, materials, equipment, tools, and transportation
required to perform these services.
1.0
CONTRACT TERM
This contract is for a term of one year, beginning on the 6th of December 2023 and ending the 30th
of November 2024.
2.0
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 five 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). The 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.
3.0
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.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
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 shall 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.
SERIAL 240017-RFP
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A – Vendor Information and Pricing.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
5.3
INVOICES
5.3.1
Payment terms will be calculated based on the date a properly completed invoice
is received by the County.
5.3.2
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.
5.3.3
The 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)
•
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).
5.3.4
Labor, services, and maintenance must be billed as a separate line item.
5.3.5
Time and material commodities must be billed as a separate line item on the
invoice.
5.3.6
Invoicing for project work must contain:
5.3.6.1
Contract serial number
5.3.6.2
Purchase order number (if used)
SERIAL 240017-RFP
5.3.6.3
Terms as bid
5.3.6.4
Description of work performed.
5.3.6.5
Location of job site and FMD site number
5.3.6.6
Project cost as quoted.
5.3.6.7
Applicable construction tax if required (65 percent of retail tax rate)
5.3.6.8
Grand total
5.3.6.9
The project quote sheet and all change orders shall be attached to the
invoice.
5.3.7
Invoicing that does not have all the required information as listed above, will be sent
back for corrections, delaying payment to the contractor.
5.3.8
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.3.8.1
FMD questions regarding billing or invoicing should go to FMD accounts
payable (FMD-AccountsPayable@mail.maricopa.gov).
5.3.9
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.
5.3.10 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.3.11 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.
5.4
APPLICABLE TAXES
5.4.1
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.
5.4.2
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 https://www.azdor.gov/Business.aspx.
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 overpayment
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 240017-RFP
5.4.3
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 Maricopa
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 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).
6.0
AVAILABILITY OF FUNDS
6.1
The provisions of this contract relating to payment for services 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 shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.2
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
shall 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 shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
POST AWARD MEETING
The 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.
8.0
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 contractor’s 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.
9.0
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.
SERIAL 240017-RFP
10.0
DUTIES
10.1
The Contractor shall perform all duties stated in Exhibit B – Intent and Scope of Work, or
as otherwise directed in writing by the procurement officer.
10.2
During the contract term, County may provide Contractor’s personnel with adequate
workspace for consultants and such other related facilities as may be required by
Contractor to carry out its contractual obligations.
10.3
Contractor shall 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.
10.4
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.
10.5
Unless pre-approved by FMD, all work shall be performed by one service technician. If
needed, contractor may dispatch a helper (laborer) to aid the technician. Any additional
technicians or helpers needed for a specific job must be pre-approved by the County. The
invoice shall be notated with pre-approval, for example, “extra technician pre-approved by
‘person’s name’.”
10.6
Contractor(s) shall not make any changes to the equipment specifications, method of
fabrication, or other requirements without the express prior written consent of the County.
Any proposed changes shall be presented to the assigned County contact prior to the
change taking effect (contact information will be provided on purchase orders).
10.7
Contractor(s) shall utilize only original equipment manufacturer (OEM) parts, as
recommended by the equipment manufacturer, for replacement or repair, and use only
those materials obtained from and/or recommended by the equipment manufacturer(s)
unless pre-approved in writing by the County.
10.8
Contractor(s) shall coordinate all work schedules with the County before beginning any
work which requires a utility outage or outage of equipment. Outages shall be arranged
with the County in advance, if possible, and such work shall only be performed during
County-approved times. The County must be notified immediately of any unanticipated
outage and if any equipment is mistakenly taken out of service.
11.0
TERMS AND CONDITIONS
11.1
INDEMNIFICATION
11.1.1 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.
11.1.2 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
SERIAL 240017-RFP
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.
11.1.3 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.
11.1.4 The scope of this indemnification does not extend to the sole negligence of County.
11.2
INSURANCE
11.2.1 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.
11.2.2 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.
11.2.3 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.
11.2.4 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
11.2.5 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.
11.2.6 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.
11.2.7 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.
11.2.8 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.
SERIAL 240017-RFP
11.2.9 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.
11.2.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella 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.
11.2.9.2 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.
11.2.9.3 Workers’ Compensation
11.2.9.3.1 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.
11.2.9.3.2 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.
11.2.10 Certificates of Insurance
11.2.10.1 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.
11.2.10.2 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
SERIAL 240017-RFP
completion and acceptance of Contractor’s work or services and as
evidenced by annual certificates of insurance.
11.2.10.3 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.
11.2.10.4 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
11.2.11 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 days
prior written notice to Maricopa County. Contractor must provide 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.
11.3
FORCE MAJEURE
11.3.1 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, 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.
11.3.2 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.
11.3.3 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.
11.4
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.
SERIAL 240017-RFP
11.5
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
11.6
INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
11.7
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.
11.8
PURCHASE ORDERS
11.8.1 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.
11.8.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
11.9
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g., Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa 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, and the failure to pass
these checks shall deem the respondent non-responsible.
11.10
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 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.
11.11
STOP WORK ORDER
11.11.1 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
SERIAL 240017-RFP
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:
11.11.1.1 cancel the stop work order; or
11.11.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
11.11.1.3 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.
11.12
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
11.13
TERMINATION FOR DEFAULT
11.13.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
11.13.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
11.13.1.2 make progress, so as to endanger performance of this contract; or
11.13.1.3 perform any of the other provisions of this contract.
11.13.2 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.
11.14
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa 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.
11.15
OPERATING MANUALS
Upon delivery, contractor shall provide comprehensive operational manuals, service
manuals, and schematic diagrams, if required by the department.
11.16
INSTALLATION
Contractor shall be responsible to install and present for inspection all services and
equipment in a complete and ready-for-use condition with all components functioning,
cleaned and tested. Contractor’s price shall include delivery and installation of all
equipment in complete operating condition.
11.17
CONTRACTOR EMPLOYEE MANAGEMENT
11.17.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
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11.17.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
11.17.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
11.17.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
11.17.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
11.17.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
11.18
TRAINING
11.18.1 Contractor shall provide technical training services, upon request, to County
personnel in the use and care of all equipment/materials and services (as
applicable) and respond with hourly rate for such in Exhibit A – Vendor Information
and Pricing. All training shall take place on-site in Maricopa County.
11.18.2 Contractor shall be given advance notice to prepare, research, and schedule staff
in order to provide an adequate presentation. The cost of for training shall be line
item priced in the pricing section of the contract. Exceptions: Equipment purchased
under project work shall be specified in the job scope to include training.
11.18.3 Training sessions shall be provided upon request by applicable County agencies.
11.18.4 Training shall be held at a County facility unless it is deemed necessary for the
training to take place at contractor’s facility.
11.18.5 Technical training shall be performed during regular business hours.
11.18.6 Contractor shall provide all training aids (e.g., service manuals, mock-up
equipment; etc.).
11.18.7 County, under a separate purchase order, may purchase service manuals.
11.19
WARRANTY OF SERVICES
11.19.1 All services furnished under this contract shall conform to the requirements of this
contract.
11.19.2 Service and/or Repair Warranty
11.19.2.1 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.
11.19.2.2 Contractor shall indicate on the price sheet the duration of the warranty
beyond one year and any applicable limitations or conditions which may
apply.
11.19.2.3 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.
SERIAL 240017-RFP
11.19.2.4 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.
11.19.2.5 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.
11.19.3 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 acceptance by the County. Any
manufacturer warranty beyond one year shall be passed on to the County.
11.20
INSPECTION OF SERVICES
11.20.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
11.20.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
11.20.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
11.20.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
11.20.3.2 reduce the contract price to reflect the reduced value of the services
performed.
11.20.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
11.20.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
11.20.4.2 terminate the contract for default.
11.21
ACCEPTANCE
Upon completion of services, service delivery shall be deemed accepted and the warranty
period shall begin when a) material(s)/equipment is installed (as necessary) and fully
operational; and/or b) the department has deemed all service/work completed, including
SERIAL 240017-RFP
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.
11.22
USAGE REPORT
The 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.
11.23
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to 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.
11.24
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.
11.25
SUBCONTRACTING
11.25.1 The 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.
11.25.2 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.
11.26
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.
11.27
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. 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.
SERIAL 240017-RFP
11.28
RIGHTS IN DATA
11.28.1 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.
11.28.2 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.
11.29
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
11.29.1 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 longest.
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.
11.29.2 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.
11.30
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.
11.31
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.
11.32
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.
11.33
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.
SERIAL 240017-RFP
11.34
RELATIONSHIPS
11.34.1 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.
11.34.2 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.
11.35
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.)
11.36
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.
11.37
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
11.37.1 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:
11.37.1.1 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;
11.37.1.2 have not within a three-year period preceding this contract:
11.37.1.2.1 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; or
11.37.1.2.2 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;
11.37.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
SERIAL 240017-RFP
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
11.37.1.4 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
11.37.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
11.37.2 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.
11.37.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
11.38
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
11.38.1 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). The 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. The 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.
11.38.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.38.1 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.
11.39
CONTRACTOR LICENSE REQUIREMENT
11.39.1 The 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. The 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
SERIAL 240017-RFP
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.
11.39.2 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.
11.40
INFLUENCE
11.40.1 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.
11.40.2 An attempt to influence includes, but is not limited to:
11.40.2.1 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.
11.40.3 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.
11.41
CONFIDENTIAL INFORMATION
11.41.1 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.
11.41.2 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. The 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.
11.41.3 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.
11.42
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
SERIAL 240017-RFP
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.
11.43
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.
11.44
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.
11.45
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.
11.46
FORCED LABOR
11.46.1 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.
11.46.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
11.46.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
11.46.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
11.46.2.3 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.
11.46.3 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.
SERIAL 240017-RFP
11.47
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.
11.48
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.
11.49
UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT
REGISTRATION
All
contractors
that
receive
funding
must
have
a
UEI
number
through
https://sam.gov/content/entity-registration. Contractor must also remain current with the
System for Award Management www.sam.gov throughout the term of the contract.
11.50
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
11.51
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.
11.52
EQUAL EMPLOYMENT OPPORTUNITY
11.52.1 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.
11.52.2 Contractor shall comply with the following provisions:
11.52.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
11.52.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
11.52.2.3 The Age Discrimination in Employment Act of 1967, as amended
(29U.S.C. §§ 621, et seq.);
11.52.2.4 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.
11.52.2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
SERIAL 240017-RFP
11.53
CERTIFICATION REGARDING LOBBYING
11.53.1 Contractor certifies, to the best of their knowledge and belief, that:
11.53.1.1 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.
11.53.2 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.
11.53.3 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.
11.53.3.1 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.
11.54
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).
11.55
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).
11.56
INCORPORATION OF DOCUMENTS
11.56.1 The following are to be attached to and made part of this Contract:
11.56.1.1 Exhibit A – Vendor Information and Pricing
11.56.1.2 Exhibit B – Intent and Scope of Work
11.56.1.3 Exhibit C – Maricopa County Monitored Sites
SERIAL 240017-RFP
11.57
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
Lanmor Services Inc.
2058 W. Rose Garden Lane
Phoenix, AZ 85027
11.58
INQUIRIES
11.58.1 Administrative telephone/email inquiries shall be addressed to:
ROBERT NAMOR, PROCUREMENT OFFICER
TELEPHONE: (602) 506-8707
Robert.Namor@maricopa.gov
11.58.2 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 240017-RFP
EXHIBIT A – VENDOR INFORMATION AND PRICING
COMPANY NAME:
Lanmor Services Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
2058 W. Rose Garden Lane Phoenix, AZ 85027
REMIT TO ADDRESS:
SAME
TELEPHONE NUMBER:
623-399-3263
FAX NUMBER:
623-869-6865
WWW ADDRESS:
www.lanmor.com
REPRESENTATIVE NAME:
Lowell Kramer
REPRESENTATIVE TELEPHONE
NUMBER:
623-399-3263
REPRESENTATIVE EMAIL ADDRESS
Lowell@lanmor.com
PAYMENT TERMS: NET 30 DAYS
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES
TO PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR
PAYMENT:
*T&M WORK – 2ND CALL
LABOR
PRICE
UOM
BIDDER NOTES
TECHNICIAN, BUSINESS HOURS
$105.00
HR
TECHNICIAN, AFTER HOURS
$157.50
HR
HELPER, BUSINESS HOURS
$105.00
HR
HELPER, AFTER HOURS
$157.50
HR
PROGRAMMER/SOFTWARE
DEVELOPER, BUSINESS HOURS
$135.00
HR
PROGRAMMER/SOFTWARE
DEVELOPER, AFTER HOURS
$202.50
HR
SOFTWARE ENGINEERING SERVICES
$190.00
HR
DESIGN ASSIST TIME
$150.00
HR
TRAINING RATE
$135.00
HR
SOFTWARE & THIRD PARTY
SERVICES
COST
PLUS
ACCEPTANCE
BIDDER NOTES
Annual Software Agreements NTE
5% or $750 (not to exceed $750)
5%
Accept
Licensing per Camera NTE 5% or
$750 (not to exceed $750)
5%
Accept
Annual Technical/Hardware Support
Agreements NTE 5% or $750
(not to exceed $750)
5%
Accept
Third-Party Certification Training
NTE 5%
5%
Accept
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SERVICE
PRICE
UOM
BIDDER
NOTES
24/7 ALARM MONITORING FEE
PER ACCOUNT
$40.00
MONTHLY
FLAT RATE REPAIR OF M2
MOTHER BOARD
$
PER COMPONENT
No longer
factory repaired
FLAT RATE REPAIR OF M8
MOTHER BOARD
$
PER COMPONENT
No longer
factory repaired
FLAT RATE REPAIR OF M16
MOTHER BOARD
$637.67
PER COMPONENT
FLAT RATE REPAIR OF MX2
MOTHER BOARD
$714.00
PER COMPONENT
FLAT RATE REPAIR OF MX4
MOTHER BOARD
$1,099.67
PER COMPONENT
FLAT RATE REPAIR OF MX8
MOTHER BOARD
$1,881.00
PER COMPONENT
MATERIALS
PERCENTAGE
TYPE
BIDDER NOTES
IDENTIV PARTS
15%
Off List Price
NON-IDENTIV PARTS
20%
Off List Price
SERIAL 240017-RFP
EXHIBIT B – INTENT AND SCOPE OF WORK
1.0
INTENT
1.1
Maricopa County (County) is seeking one or more contractors to provide routine and
emergency repair services for various County audio, video, and other associated security
systems. Additionally, the County is seeking the services of contractor(s) to perform factory
authorized card access device repair, upgrades, installation, and monitoring of new or
existing hardware and software for Identiv Velocity Series 3.8.4 and higher client enterprise
software/server and related systems. Contractor shall provide all parts, labor, materials,
equipment, tools, and transportation required to perform these services.
1.2
This contract shall allow for the direct purchase by the County of all parts and materials from
the contractor(s), without installation, that are necessary for County personnel to maintain
various County electronic systems.
1.3
Contractor’s primary point of contact for this contract will be the Facilities Management
Department (FMD). Other County departments may use this contract, however; if installing
devices that will communicate with the County Velocity server, work must be approved or
performed through FMD. Neither FMD nor Security Services are responsible for financial
payments or invoicing for services requested by other County agencies.
1.4
Other governmental entities under agreement with the County may have access to services
provided hereunder.
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
The 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 award to multiple contractors will result in a call order (first, second, third, etc.) for
Time & Material (T&M) work. The call order will be determined by scoring of evaluated
proposals received from responsive and responsible respondents.
2.0
SCOPE OF WORK
2.1
PHYSICAL SECURITY AND OTHER ASSOCIATED SECURITY SYSTEMS
2.1.1
Contractor shall be responsible for all major and minor system repairs for video,
audio, and other associated security systems, including but not limited to:
2.1.1.1
programming, upgrades to existing systems, network video recorders,
programmable logic controllers (PLC), door controls, public address
systems, intercoms, duress systems, integrated touchscreen security
electronics, communications control systems, automatic gates, and
other electronic equipment at County buildings.
2.1.1.2
If the contractor must transport equipment to their shop for repairs,
loaner equipment should be left for the County to use. Once it is
determined what the cost of repairs will be, the contractor shall inform
the County using agency of the repair cost and any other options. In the
event the equipment requires a prolonged stay at contractor's shop for
repairs or back-order of parts, the contractor shall keep the using agency
abreast as to the delay on a weekly basis, via phone or email. If the
SERIAL 240017-RFP
using agency opts to replace the equipment (ordered through the
contractor), and there is a delay of more than 24 hours in the arrival of
new equipment, the County using agency will not incur any rental fees
for equipment on loan from the contractor.
2.1.1.2.1
Repairs to contractor's loaner equipment (due to normal
wear and tear), while being utilized by County, shall be
contractor's responsibility at no additional cost to the
County.
2.2
CARD ACCESS REPAIR AND INSTALLATION
2.2.1
Card access repair and installation may include but is not limited to the following
systems:
2.2.1.1
Identiv Velocity system
2.2.1.2
electric lock hardware
2.2.1.3
door switches
2.2.1.4
motion detectors
2.2.1.5
card readers
2.2.1.6
electronic photo identification badging systems
2.2.1.7
readers on elevator systems, as appliable
2.2.1.8
wiring (i.e., detection/signal circuit, door hardware devices)
2.2.2
Additional work may include upgrades of all security control devices, ancillary
components, and software as needed.
2.2.3
The resultant contract shall also be used to monitor remote alarm signals which
are already installed and outlined in Exhibit C – Maricopa County Monitored Sites.
No sites shall be added without prior written approval of the procurement officer.
2.2.4
Current Card Reader System Description
2.2.4.1
The Identiv Electronics Velocity Series 3.8.4 and higher Security
Information Management System is currently installed at the County
facilities. Identiv’s Velocity Security Management System delivers a
broad range of security management features utilized by Building
Security, Facility Management, and Security personnel.
2.2.4.2
Equipment which will be maintained in whole or in part includes (An
approximation of the current configuration as of October 2023):
Count
Equipment
1,000
Control Panels consisting of M2, MX2, M8, MX8 and M16 model
controllers with various configurations utilizing Secure Network
Interface Board (SNIB), Secure Network Interface Board second-
generation (SNIB2), Secure Network Interface Board third
generation (SNIB3), Alarm Expansion Board 8 (AEB8) and/or
Relay Expansion Board 8 (REB8's) and Expansion Memory
Boards
5,000
Proximity Card Readers
SERIAL 240017-RFP
4,000
Doors with peripheral hardware (Door contacts, Request-To-Exit
(REX), Electric Locking Device, etc.)
40
Workstations
5
Dye Sublimation Card Printers
2.2.5
Alarm Monitoring
Exhibit C – Maricopa County Monitored Sites, contains all locations identified
through the County with various sites to be monitored and serviced. Contractor(s)
will respond in Exhibit A – Vendor Information and Pricing with an all-inclusive rate
for each account monitored on a monthly basis. Procedures to be provided by the
County upon award.
2.2.6
System Upgrades
2.2.6.1
The software system may require updating to a software that is newer
and offers advanced capabilities and accomplishes operational goals
more effectively. Should the County exercise this option, the
contractor(s) shall be notified and shall respond with a written scope of
work (SOW) and fixed price quote for such upgrade. Any upgrade
offered MUST be factory authorized and sourced. At the time of upgrade
the County may request a copy of software and its configuration.
2.2.6.2
The contractor agrees to arrange all new software licenses as stipulated
by the supplier. The contractor also agrees to supply the County
appropriate software maintenance quotes for full support and
maintenance of all system software as available from the supplier, as
requested. The administrative mark-up of all software licenses and
maintenance agreements shall be included in the price schedule.
2.3
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.
2.4
In the event the work performance of the contractor is unsatisfactory, the contractor will be
notified by the County and be given one business 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.
2.5
It is the contractor’s responsibility to inform FMD (or other using agency) of any updates to
electrical panels; therefore, the contractor shall label and identify all electrical components
and shall put the newly updated panel schedule(s) inside the modified electrical panel. The
new schedule will be dated (MM/DD/YYYY) and the existing schedule shall remain in the
panel behind the new schedule.
2.6
DETENTION FACILITIES SERVICES REQUIREMENTS
2.6.1
Contractors may be required to provide services to detention facilities. Contractors
should be aware to use caution when servicing a detention facility:
2.6.1.1
Contractor’s service vehicle shall be secured and locked whenever a
technician is not in a vehicle or accessing materials, tools, and or
equipment from a vehicle.
2.6.1.2
Contractor’s technicians must, at all times, monitor and account for any
and all tools taken into a detention facility.
SERIAL 240017-RFP
2.6.1.3
Contractor may be required to provide services in detention facilities in
stages rather than in whole due to the nature of the facility. Contractor
shall take this into consideration when preparing a quote for detention
facility services.
2.7
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 2.16 - Allowable Pass-Through Costs With Mark-Up
Under Time And Materials Work. Work outside the scope includes but is not limited to
running electrical power (120-volt Alternating Current (A/C) or higher) to a new panel or
device, modifying proprietary programming, or work unrelated to performance of systems
listed above.
2.8
REPLACEMENT OR OVERHAUL OF EQUIPMENT
2.8.1
Equipment that has reached obsolescence or that is in need of replacement or
overhaul shall be evaluated by the contractor and a written price estimate shall be
presented to the County. The County may or may not approve the work, dependent
on budgets and priorities, or may request competitive bids. If approved, existing
equipment shall be replaced with new equipment, or, with County approval, shall
be overhauled.
2.8.2
The County reserves the right to utilize its own sources for the purchase of new
equipment or individual components. If the County exercises this right, the
contractor may be given the opportunity to install these items.
2.9
CONTRACTOR REQUIREMENTS
2.9.1
Contractor(s) shall be licensed to perform all work contemplated in this contract,
including, but not limited to, those required by the State of Arizona Registrar of
Contractors. Proof of such shall be provided at time of bid and shall be maintained
throughout the term of this contract.
2.9.2
Contractor must meet all Federal EPA and OSHA guidelines (if any) in the proper
handling and disposal of special waste or contaminated materials generated by
services rendered.
2.9.3
Contractor should be factory authorized or able to perform full maintenance, repairs,
installations, and retrofits on Vicon Video systems, Digital Watchdog systems,
Harding audio systems, Hirsch access systems, InduSoft/Wonderware software,
Genetec software, Infinity Software, and any related materials or systems utilized in
the performance of this contract.
2.9.3.1
Documentation from Vicon, Digital Watchdog, Harding, Hirsch,
InduSoft/Wonderware, Infinity Software, and Genetec software identifying
the contractor as being qualified to service these systems shall
accompany the bid packet and contractor shall maintain the certification
throughout the contract.
2.9.4
Contractor(s) shall be qualified and able to comply with all other requirements
listed in the Scope of Services.
2.9.5
Contractor(s) shall be a factory authorized Identiv Velocity systems distributor and
must currently employ at least three local technical staff currently certified as
Identiv Velocity technicians, each with more than three years of experience in card
access systems or similar work.
SERIAL 240017-RFP
2.9.6
Display proof of ownership of a minimum of five service vehicles which are
sufficiently stocked to perform a wide variety of jobs which may be required under
this scope of services, and which shall be inspected by the County prior to award.
2.9.7
Technical Support
2.9.7.1
Contractor should have the ability to provide help desk support and
troubleshooting over the phone.
2.9.7.2
Contractors shall be able to support all editions of the systems.
Contractors shall provide round the clock technical support and shall
propose in their bid response, procedures and a priority list to handle
County service requests.
2.9.8
All testing and inspections will be performed by a Certified Identiv
2.9.9
Contractor must maintain a minimum of five adequately stocked service vehicles.
Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of
repair parts and equipment to perform services per the scope of services
presented, including those needed for routine physical security system repairs and
maintenance.
2.9.10 Contractor shall have a local shop and/or warehouse that stocks parts to keep their
trucks supplied daily. As part of the County’s due diligence, these requirements
may be verified by FMD via a formal inspection after bid submittals and prior to bid
award.
2.9.11 Contractor shall be able to provide current technical data, provide and maintain
current diagnostic tools, and have access to all change notifications for County
systems including, but not limited to, Vicon, Digital Watchdog, Harding, Hirsch, and
InduSoft/Wonderware software systems.
2.9.12 Hirsch work under this contract is only to be performed where security systems are
integrated.
2.9.13 Contractor agrees to arrange all new software licenses as stipulated by the
supplier. The contractor also agrees to supply the County appropriate software
maintenance quotes for full support and maintenance of all systems software as
available from the supplier, as requested. The administrative mark-up of all
software license and maintenance agreements shall be provided on in Exhibit A –
Vendor Information and Pricing.
2.9.14 Changes to the source code and/or system configuration for any related system
shall be provided to the County within ten days of work completion. These files
shall be transferred by the most effective method depending on the amount of data.
2.9.15 Contractor shall provide pricing for owned or rented special tools and equipment
that may be necessary, above and beyond the tools of the trade necessary for the
performance of this contract, in Exhibit A – Vendor Information and Pricing.
2.9.15.1 “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 are not, under any circumstances, to
be separately or directly billed to County under this contract.
SERIAL 240017-RFP
2.9.15.2 “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/rented to be used when needed for a specific
project/job.
2.9.16 Contractor shall be responsible for obtaining and transporting equipment to and
from the job site. In this regard, the contractor shall:
2.9.16.1 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.
2.9.16.2 Arrange for lease or rental of any special tools and equipment needed
to perform the work.
2.9.16.2.1 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, in Exhibit A – Vendor Information and Pricing, as
a part of their proposal to perform the work.
2.9.16.2.2 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 in Exhibit A – Vendor
Information and Pricing 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.
2.9.16.3 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 require the immediate removal and replacement of the
deficient equipment at the contractor’s expense.
2.9.17 Contractor shall perform the work in such a way as to minimize disruption to the
normal operation of the County site and building occupants.
2.9.18 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.
2.9.18.1 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
SERIAL 240017-RFP
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.
2.9.19 Contractor shall perform all services in such a manner that County property is not
damaged.
2.9.19.1 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.
2.9.19.2 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.
2.9.20 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.
2.9.21 Contractor must have a business facility within 50 miles of 401 W. Jefferson Street,
Phoenix, Arizona 85003.
2.9.22 To avoid the potential transmission of COVID-19 in any County-owned or -leased
facilities, prior to entering, or when on any County facility, property, building, or
structure, all contractors, their employees, and subcontractors may be required to
wear a face mask/face covering. Attendees who do not adhere to County
requirements may be prohibited from visiting County site(s) and/or from entering
County facilities, properties, buildings, or structures. The County is not responsible
for providing face masks or face coverings.
2.9.23 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.
2.9.24 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
2.9.25 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.
2.9.26 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
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
SERIAL 240017-RFP
“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.
2.9.27 County may conduct audits and performance reviews throughout the term of a
contract to ensure contract compliance by the contractor.
2.10
BUILDING ACCESS
2.10.1 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:
2.10.1.1 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
2.10.1.2 permanent keys may be provided to contractor employees on a case-
by-case basis; or
2.10.1.3 badges or access cards may be provided to contractor employees for
access to the job site.
2.10.2 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.
2.10.3 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.
2.10.4 Once this agreement is complete, expired, or terminated, the contractor shall
immediately return all keys, badges, or access cards to the County.
2.10.5 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.
2.11
HOURS OF SERVICE
2.11.1 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.
2.11.2 Services shall be available 24/7, 365 days per year.
2.11.3 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.
2.11.4 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. Mountain Standard
Time (MST). The contractor will be required to begin work by 8:00 a.m. MST the
following day.
2.11.5 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.
SERIAL 240017-RFP
2.11.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST,
Monday through Friday, excluding County holidays.
2.11.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m.,
MST, Monday through Friday.
2.11.5.3 Weekends are anytime on a Saturday or a Sunday.
2.11.5.4 Holidays are County holidays.
2.11.5.5 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.
2.11.5.6 Due to the nature of work in public buildings, FMD will dictate during
what service hours the contractor shall provide services.
2.12
TIME AND MATERIALS WORK AND PROJECT WORK
2.12.1 All work will be completed as Time & Material (T&M) work 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 priced below the T&M threshold may
be performed as T&M work as negotiated with the County, in which case project
work language will be removed at the time of contract award.
2.12.2 Contract award to multiple contractors will result in a call order (first, second, third,
etc.) for T&M work. The call order will be determined by scoring of evaluated
proposals received from responsive and responsible respondents.
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 $25,000 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 $25,000 T&M threshold if such
adjustment is deemed to be in the County’s best interest.
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
SERIAL 240017-RFP
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 Contractor must have availability for 24/7 emergency T&M response.
2.12.5.9 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 SOW or shall
meet with the County agency, discuss what needs 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 $25,000. The County reserves the right to adjust the
$25,000 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 SOW
2.12.6.4.5 Other information relative to the SOW
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
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Office of Procurement Services and FMD to discuss consideration for
default of contract, as this is indicative of the 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 SOW 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.
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(s) 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
SERIAL 240017-RFP
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 services specified
herein and that cannot be performed by the prime contractor (e.g.,
electrical, structural, 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.
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 in Exhibit A – Vendor
Information and Pricing (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.
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.
SERIAL 240017-RFP
2.17
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.
2.18
CANCELLATION COST
2.18.1 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.
2.18.2 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.
2.19
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 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
DELIVERY REQUIREMENTS
3.1.1
Delivery shall be F.O.B. Destination Freight Prepaid, unless otherwise approved
in writing by the County prior to delivery.
3.1.2
Delivery is desired as soon as possible. Details shall be as stipulated on the
purchase order. It shall be the Contractor’s responsibility to meet the proposed
delivery requirements.
3.1.3
Contractor shall notify the County representative listed on the order if the
requested delivery date and/or the anticipated lead time cannot be met.
3.1.4
Failure to communicate to County changes in the order status may result in default
proceedings.
3.1.5
Delivery shall be made to the County no later than 3:00 p.m. MST before the fifth
calendar day after order is received unless prior arrangements have been made
and approved, in writing, by the County.
3.1.6
Exceptions to the delivery schedule will be special-order items that must be
identified by the contractor to the County and approved in writing by the County.
3.1.7
The County reserves the right to obtain material on the open market in the event
vendors fail to make delivery of materials and will charge any price differential to
the vendor.
3.1.8
Delivery will be made to the following address during the receiving hours of
7:00 a.m. - 3:00 p.m. MST during normal County business days:
SERIAL 240017-RFP
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-2501
Warehouse Specialist: 602-506-1935
3.2
SHIPPING TERMS
3.2.1
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid, by the most
economical method, at the County’s warehouse, unless a different location(s) has
been stipulated on the purchase order, or as agreed upon, in writing, between the
contractor and the County. All delivery locations are within Maricopa County.
3.2.2
Standard shipping of goods shall arrive within five business days of order
placement.
3.2.3
Shipping costs totaling less than $50 should be considered in the contractor’s
mark-up as bid in response to the contract solicitation. Shipments which contain
only County goods, and which cost $50 or more may be reimbursed to the
contractor as a pass-through cost with no mark-up when provided with the invoice
back-up documentation.
3.2.4
If the County determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost, in writing,
to the County as soon as costs are known.
3.2.5
The County 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 County shall advise the contractor to proceed.
3.2.6
Upon receipt of material(s) and invoicing, the County shall ensure that any
additional charges are in compliance with, and do not exceed, agreed to costs.
The County shall retain all documents related to these costs within the agency
purchase file.
3.2.7
Contractor is responsible for shipping and handling fees related to returned items
when the items have been ordered by the contractor.
3.3
SHIPPING DOCUMENTS
3.3.1
A packing list or other suitable shipping document shall accompany each shipment
and shall include the following:
3.3.1.1
Contract serial number
3.3.1.2
Contractor’s name and address
3.3.1.3
Department name and address
3.3.1.4
Department purchase order number
3.3.1.5
A description of product(s) shipped, including item number(s),
quantity(ies), number of containers and package number(s), as
applicable.
SERIAL 240017-RFP
3.4
EXPEDITED DELIVERY
3.4.1
If the department determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost to the
department.
3.4.2
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.
3.4.3
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.
3.5
STOCK
The contractor shall be expected to stock sufficient quantities as may be necessary to meet
the County’s needs and deliver as stated in the Request For Proposals (RFP).
3.6
DISCONTINUED MATERIALS
3.6.1
In the event that a manufacturer discontinues materials, the County may allow the
contractor to provide a substitute for the discontinued item or may cancel the
contract. If the contractor requests permission to substitute a new material, the
contractor shall provide the following to the County:
3.6.1.1
Documentation from the manufacturer that the material has been
discontinued.
3.6.1.2
Documentation that names the replacement material.
3.6.1.3
Documentation that provides clear and convincing evidence that the
replacement material meets or exceeds all specifications required by the
original solicitation.
3.6.1.4
Documentation that provides clear and convincing evidence that the
replacement material will be compatible with all the functions or uses of
the discontinued material.
3.6.1.5
Documentation confirming that the price for the replacement is the same
as or less than the discontinued material.
3.6.2
Material discontinuance applies only to those materials specifically listed on any
resultant contract. This will not apply to catalog items not specifically listed on any
resultant contract.
3.7
BRAND NAME
In some cases, brand names have been listed in order to define the desired quality and
are not intended to be restrictive or to limit competition. Materials substantially equivalent
to those designated shall qualify for consideration.
3.8
ORDER CUTOFF INFORMATION
3.8.1
Contractors submitting bids shall advise the County of all known order cutoff
dates/times for the equipment/product(s) specified in this solicitation at the time of
bid submission. Notification of any subsequent cutoff date(s)/time(s) (learned after
SERIAL 240017-RFP
submission of bid) shall also be the contractor’s responsibility. The contractor shall
advise the County of subsequent cutoff date(s)/time(s) by notifying the
procurement officer, in writing, of the new information.
3.8.2
If the item(s) become no longer available, contractor shall notify County of the last
available ordering date for the item(s) and may provide County with alternative
item(s) that the County may elect to purchase at its option. If the alternative item(s)
do not meet the County’s requirements, County may take action including
termination of this contract for convenience per Section 11.13 - Termination for
Convenience.
3.9
ORDER LEAD-TIME NOTIFICATION
Contractors submitting bids shall advise the County of lead-time(s) for the required items
specified in this solicitation at the time of bid submission. Notification of any changes to
lead time (learned after submission of bid) shall also be the contractor’s responsibility. The
contractor shall also notify all County representatives included on purchase orders of lead-
time information.
SERIAL 240017-RFP
EXHIBIT C – MARICOPA COUNTY MONITORED SITES
LOCATION NAME
ADDRESS
CITY
STATE
ZIP
CODE
SOUTHWEST JUSTICE
CENTER
10420 W VAN BUREN STREET
AVONDALE
AZ
85323
MESA FLOOD CONTROL
5211 E MAIN STREET
MESA
AZ
85205
NORTH FLOOD YARD
9601 NORTH 21ST DRIVE
PHOENIX
AZ
85021
WIC 48TH STREET
2737 W. SOUTHERN AVENUE
TEMPE
AZ
85282
SUNNYSLOPE WIC
8828 N CENTRAL AVENUE
PHOENIX
AZ
85020
MESA WIC
430 N DOBSON ROAD SUITE 111
MESA
AZ
85201
VITAL RECORDS
GREENFIELD
4419 E MAIN STREET, SUITE 105
MESA
AZ
85205
CHANDLER WIC
3002 N ARIZONA AVENUE, SUITE
113
CHANDLER
AZ
85225
GLENDALE WIC
5141 W LAMAR ROAD
GLENDALE
AZ
85301
ST. MARY’S WIC
3003 W THOMAS ROAD
PHOENIX
AZ
85012
BAYWOOD WIC
6641 E BAYWOOD AVENUE,
BUILDING C
MESA
AZ
85206
VITAL RECORDS 16TH ST
3221 N 16TH STREET, SUITE 100
PHOENIX
AZ
85016
LUHRS BUILDING
11 W JEFFERSON
PHOENIX
AZ
85003
ANIMAL CONTROL-WEST
SIDE
2500 S 27TH AVENUE
PHOENIX
AZ
85009
ANIMAL CONTROL-EAST
SIDE
2630 W RIO SALADO PARKWAY
MESA
AZ
85201
SOUTH PHOENIX
HEALTHY START
3230 E. BROADWAY ROAD, SUITE
200
PHOENIX
AZ
85040
AIR QUALITY RECEPTION
1001 N CENTRAL AVENUE WEST,
SUITE 125
PHOENIX
AZ
85004
NORTH FLOOD YARD
9601 N 21ST DRIVE
PHOENIX
AZ
85021
AIR QUALITY
2145 S 11TH AVENUE, SUITE 170
PHOENIX
AZ
85007
IMPOUND BUILDING
3465 W DURANGO
PHOENIX
AZ
85009
MCSO-BUCKEYE HILLS
SHOOTING RANGE
26900 W BUCKEYE HILLS DRIVE
BUCKEYE
AZ
85326
MESA YARD
5211 E MAIN STREET
MESA
AZ
85213
MC VITAL
RECORDS/IMMUNIZATION
1850 N 95TH AVENUE/SUITES 182
& 184
PHOENIX
AZ
85037
MC ENVIRONMENTAL
SERVICES FACILITY
106 E BASELINE ROAD
MESA
AZ
85210
MCDOT WAREHOUSE
2222 S 27TH AVENUE
PHOENIX
AZ
85009
MC COMMUNICATIONS
BUILDING 1511
3324 W GIBSON LANE
PHOENIX
AZ
85009
MC VITAL RECORDS
DUNLAP
2423 W DUNLAP
PHOENIX
AZ
85021