1-IFB 3619-10 GWCC AV.docx

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

Invitation for Bid #3619-10 Gateway Community College — AV Modernization Services

Bid Due Date June 11, 2026, 3 PM(local time)

SCHEDULE OF EVENTS

TABLE OF CONTENTS

1.0 BACKGROUND

2.0 PURPOSE

3.0 BID SUBMITAL

4.0 STANDARD TERMS AND CONDITIONS

5.0 SPECIFIC TERMS & CONDITIONS FOR SPECIFIC TYPES OF PROCUREMENTS

6.0 EQUIPMENT SPECIFICATIONS

7.0 PRICING PAGE

8.0 ADDITIONAL REQUIREMENTS

9.0 BID FORMAT & SUBMITTAL REQUIREMENTS

10.0 SELECTION CRITERIA

11.0 SIGNATURE PAGE

1.0 BACKGROUND

The Maricopa Community Colleges comprise ten colleges, two skill centers, a Corporate College and numerous education centers dedicated to educational excellence by meeting the needs of the businesses and the citizens of Maricopa County. Each college is individually accredited, yet part of a larger system, the Maricopa County Community College District (MCCCD or District). The District is one of the largest higher education systems in the nation. As the largest provider of health care workers and job training in Arizona, it is a major resource for business and industry and for individuals seeking education and job training. More than 200,000 students attend the Maricopa Community Colleges each year taking credit and non-credit courses. The Maricopa Community Colleges employs nearly 4,500 full-time faculty and staff and more than 9,000 part-time faculty and staff. Many management and staff positions (including clerical, crafts, food services, security, child care, maintenance and operations, custodial, grounds) become available throughout the year. All positions with the exception of certified safety officers are advertised individually as they occur. Maricopa Community Colleges is an equal opportunity employer of protected veterans and individuals with disabilities.

2.0 PURPOSE

The purpose of this IFB is to solicit competitive, fixed-price bids from qualified AV integration firms to provide AV Modernization Services at Gateway Community College for Summer 2026 (Package A — 13 rooms) and Winter Break 2026 (Package B — 4 rooms, add-alternate).

Scope includes supply, installation, programming, commissioning, and training for AV systems in instructional and collaboration spaces, per the tier specifications defined in Section 6.0.

Package A and Package B are separable. MCCCD reserves the right to award Package A only, or to award both packages to the same or different contractors based on the best interest of the College.

Vendors are encouraged to schedule a site walk on June 3, 2026 between the hours of 8am and 4pm. Location and Building – 108 N. 40th Street Phoenix, AZ 85034 SO Building, Room 1180

Send your request for the site walk to Alvin Bridges at IT-escalations@gatewaycc.edu

This is not an all or nothing Bid.

3.0 BID SUBMITTAL

A. All bids must be submitted in writing. Oral or telephone Proposals, modifications, or amendments will not be considered. Facsimile (fax machine) or computer data transfer submittals will not be accepted. Bidders shall only submit one (1) bid. Bidders must carefully review all bid documents to ensure that their bids reflect the most favorable terms possible. Submission of multiple bids will result in the rejection of all bids that the bidder submits. A bid must strictly comply with Section 9 - Bid Format & Submittal Requirements. Failure to comply with all provisions in this IFB may result in your bid being disqualified.

B. BID PRICE MUST REMAIN FIXED FIRM FOR NINETY (90) DAYS FROM BID DUE DATE to allow time for evaluation and award. Price increases after issuance of the purchase order are not allowed. Bid prices must cover ALL the requirements for MCCCD, detailed in Section 6, including warranty, and all shipping and delivery charges. Warranty period will begin from the date of purchase and acceptance by MCCCD. Items bid are to be brand new from manufacturer including all manuals, if any, and product literature provided by manufacturer with new equipment.

3.1 PRE-BID MEETING

No meeting is scheduled.

3.2 SITE VISITS

A coordinated integrator site walk will be scheduled for all 17 spaces across both packages. Attendance is strongly encouraged and will be a factor in bid evaluation (see Section 10.0). Walk participants will receive room-level technical background documentation — including inventory condition, faculty-reported issues, and existing system notes — prior to or on the day of the walk.

The site walk will be on June 3, 2026 between the hours of 8am and 4pm.

Location and Building – 108 N. 40th Street Phoenix, AZ 85034 SO Building, Room 1180

Send your request for the site walk to Alvin Bridges at IT-escalations@gatewaycc.edu

3.3 WITHDRAWAL OF BID

A bidder may withdraw its bid by written request at any time prior to the deadline set for receipt of bids. Withdrawal requests must be in writing, signed by the bidder and received by MCCCD prior to the time designated for receipt of bids. No bid may be withdrawn or modified after that deadline. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids. Unless otherwise specified under Paragraph 2.0 above, bids shall be binding upon bidders for a period of ninety (90) days after due date and any additional units may be purchased at the agreed upon price for that period (90 days).

3.4 ADDENDA

Any interpretation, correction, or change of this IFB will be made by written addendum issued by the MCCCD Purchasing Department. Interpretations, corrections, or changes of this IFB made in any other manner will not be binding, and bidders may not rely upon such interpretations, corrections, and changes. Addenda will be mailed or faxed to all that are known to have received a copy of the IFB. Addenda will also be posted to the bid documents on the Purchasing website located at https://procurement.maricopa.edu/. Since failure to acknowledge any addendum(s) may be cause for rejection, bidders must return the addendum/completed acknowledgment(s) prior to or with their bids.

3.5 DEVIATIONS

Bids that deviate from the IFB’s specifications or scope of work, or that take exception to the Terms and Conditions specified in Parts 4.0 and 5.0 are subject to rejection without consideration.

3.6 PROPRIETARY INFORMATION

Under Arizona public records law, documents in the hands of MCCCD are presumed to be public unless they qualify as confidential under a narrow set of criteria. Bidders must identify and mark the specific materials that they claim are proprietary. However, be aware that most if not all of what is generally contained in a bid does not qualify for confidentiality under the law. MCCCD Purchasing Manager will make the final determination as to whether or not the information is confidential. MCCCD discourages the submission of bids that designate significant amounts of information as proprietary and will only make a reasonable effort to protect the confidentiality of any such information. MCCCD, as a public entity subject to the State of Arizona’s public records law, cannot and does not warrant that proprietary information will not be disclosed. MCCCD has the right to use any or all information included in the bids submitted for its own, non-commercial purposes.

3.6.1 SUBMISSION OF BIDS

MCCCD uses a portal hosted by Bonfire for accepting and evaluating bids. Registration for a Bonfire account will be necessary to view and respond to the IFB. It shall be the responsibility of the Bidder to confirm that bids contain all required documents and are submitted electronically through the MCCCD Procurement Portal located here:

https://maricopa.bonfirehub.com/portal/?tab=openOpportunities

Upon upload, bids are automatically timestamped and will remain secure and sealed until after the submission deadline has passed. Your bid is available for you to edit or change any time up to the IFB submission deadline.

Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission or difficulties in accessing the RFP documents. You can also visit their help forum at:

https://bonfirehub.zendesk.com/hc

Your bid must be completed and uploaded to our site no later than 3:00 P.M. (local time), June 11, 2026. Submissions after this date and time will automatically be rejected by the system. The time on the MCCCD Procurement Portal shall be the official submittal time of record.

It is the bidder’s responsibility to be aware of the submission deadline and allow sufficient time to complete any uploads needed to finalize your submission. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline. It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline.

Important Notes:

· Take note of the type and number of files allowed. The maximum upload file size is 1000 MB.

· Do not embed any documents within your uploaded files. They will not be accessible or evaluated.

· Uploading documents may take significant time, depending on the number and size of the file(s) and your Internet connection speed.

· You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

· Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

3.7 OPENING OF BIDS

Bids will be opened publicly, immediately following the deadline for receipt.

3.8 EVALUATION OF BIDS

This IFB does not constitute a commitment by MCCCD to award a contract. MCCCD reserves the right to: waive any informalities; reject any or all bids; cancel the IFB; make multiple awards; or award all or only a portion of the IFB requirements. The contract will be awarded to the lowest responsive and responsible bidder whose bid meets, in all material respects, the requirements and criteria defined in the IFB. No contract award will occur until MCCCD sends a notice of award, issues a purchase order, or, if MCCCD decides to create a separate signed agreement, signs that agreement.

3.10 POINT OF CONTACT

Bidders are not permitted to contact MCCCD staff or members of the IFB review team, if any, once the IFB has been issued until time of award. Questions must only be sent to the buyer identified below.

Any and all costs associated with the preparation of responses to this IFB, including site visits and any other costs, are the sole responsibility of the bidder and are not reimbursable in any manner by MCCCD.

3.12 COMPONENTS OF THE CONTRACT

The provisions of this IFB and amendments to it, the bid of the bidder awarded the contract, and MCCCD’s purchase order terms will constitute the provisions of the contract between MCCCD and successful bidder (“Contract”). The IFB, amendments to it, and MCCCD’s purchase order terms will take precedence over any inconsistent terms in a bid or in the successful bidder’s (“Contractor”) other documents. In some cases, MCCCD may wish to integrate these component documents into a single contract document signed by both parties. MCCCD reserves the right to negotiate with the Contractor and modify any of the provisions of the Contract upon mutual written agreement of the parties.

3.13 CONTRACT COMMENCEMENT; ISSUANCE OF A PURCHASE ORDER

It is the intent of MCCCD to commence the contract awarded under this IFB on or before May 31, 2025. However, the bidder awarded the contract may not initiate any activities related to the award until it receives a purchase order from MCCCD.

3.14 NON-COLLUSION

MCCCD encourages free and open competition. Whenever possible, specifications and terms and conditions are designed to accomplish this objective. The bidder's signature on its bid guarantees that any prices offered have been established without collusion with other eligible bidders and without any effort to preclude MCCCD from obtaining the best possible competitive price.

3.15 SUBSTITUTE ITEMS

The materials, equipment or services specified in the IFB reflect MCCCD’s determination that the item sought meets its needs and standards. Therefore, the bids must demonstrate that the bidder proposes to supply those materials, equipment or services that the IFB requests. Bids that offer substitute items are not permitted.

4.0 GENERAL TERMS AND CONDITIONS

These General Terms and Conditions, the other provisions of the IFB and amendments to it, the bid of the bidder awarded the contract, and MCCCD’s purchase order terms (“Contract Documents”) along with any engagement letter will constitute the provisions of the contract between MCCCD and the successful Proposer (“Contract”). MCCCD reserves the right to negotiate with the successful Bidder and modify any of the provisions of the Contract upon mutual written agreement of the parties. The IFB, amendments to it, and MCCCD’s purchase order terms will take precedence over any inconsistent terms in a bid or other documents. The term “days” as used in this Contract means business days, unless otherwise specified.

4.1 CONTRACT TERM

☒ Single one-time purchase (non-extendable contract)

☐ Two-year purchase with extension options

☐ Other:

Should this Paragraph specify that that this Contract includes options to extend it beyond its initial term, MCCCD reserves the right to exercise those options without prior written notice to and by the issuance of a purchase order to the Contractor. If the Contractor does not wish to renew the Contract, it must submit a written notice of its desire to cancel, which must be received by MCCCD Purchasing Department no later than ninety (90) days prior to the end of the current term.

Notwithstanding that the Contractor has sent a notice of intent not to renew, MCCCD reserves the right to unilaterally extend the Contract for a period of sixty (60) days beyond the final option term of the contract should it be determined it is in the best interests of MCCCD to do so.

4.2 PARTIES TO AGREEMENT

The Contract shall be between MCCCD and the successful bidder (“Contractor”).

4.3 LIABILITY FOR TAXES

The Contractor is responsible for paying all taxes applicable to its operations, business property and income. MCCCD shall not be liable for any tax imposed either directly or indirectly upon the Contractor, except that MCCCD will pay as part of the Contract price any transaction privilege or use tax assessed on Contractor’s provision of the services, equipment or materials under the Contract.

4.4 FORCE MAJEURE

If the performance of a party under this Contract is interrupted or suspended due to riots, wars, public emergencies or calamities, fires, earthquakes, Acts of God, government restrictions, labor disturbances or strikes, or other conditions beyond any control of that party (“Force Majeure”), performance will be suspended or excused for the reasonable duration of the Force Majeure. The party claiming that its performance is interrupted or prevented must promptly deliver notice to the other party identifying the Force Majeure and use its best efforts to perform to the extent that it is able. If the Force Majeure does not abate within a reasonable amount of time, then either party may terminate this Contract by providing written notice to the other party. Alternatively, the parties may agree to extend the term of the Contract for a period of time equal to the duration of the Force Majeure.

4.5 CONTRACT ASSIGNMENT

Contractor may not, in part or in whole, subcontract (except as otherwise specified in Contractor’s bid, delegate or assign this Contract without the prior written permission of a representative of MCCCD authorized to sign contracts.

4.6 NO WAIVER

MCCCD's failure to notify the Contractor or to object to the Contractor's non-compliance with the terms of the Contract shall not be deemed a waiver of MCCCD's right to demand compliance with the Contract or to terminate the Contract for breach for the Contractor's subsequent non-compliance with any term of the Contract, or its repeated failure to perform according to the Contract.

4.7 FINANCIAL TRANSACTIONS

If the Contractor is responsible for handling any type of financial transaction for MCCCD, the Contractor shall demonstrate annually, as applicable, that it complies with the Statement on Standards for Attestation Engagements (SSAE) No. 16, known as SSAE 16, established by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA). The Contractor shall provide its annual report, as applicable, on a reporting form or forms adopted as part of SSAE No. 16 no later than 30 days after MCCCD requests it in writing.

4.8 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT.

If Contractor has access to students' educational records, Contractor shall safeguard those records and limit its employees' and/or agents’ access to the records to those persons for whom access is essential to the performance of this Contract. Contractor is prohibited from disclosing those records without the prior written authorization of the student and/or the parent of a student who is a minor permitting MCCCD and Contractor to release the information according to the authorization. At all times during this Contract, Contractor shall comply with the terms of the Family Educational Rights and Privacy Act of 1974 (“FERPA”) in all respects and shall be responsible for ensuring that any subcontractors involved in the Contract work also comply.

1. MCCCD acknowledges that certain information about MCCCD's students is contained in records it maintains and that this information can be confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 USC 1232g) and related Institution policies unless valid consent is obtained from MCCCD’s students or their legal guardians, where applicable. Both parties agree to protect these records in accordance with FERPA and Institution policy. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities. The MCCCD shall advise Contractor whenever any MCCCD’s students have requested a privacy block, prohibiting release of FERPA protected information.

2. Contractor agrees that it may create, receive from or on behalf of MCCCD, or have access to, records or record systems that are subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 USC 1232g (collectively, the "FERPA Records"). Contractor represents, warrants, and agrees that it will:

a. hold the FERPA Records in strict confidence and will not use or disclose the FERPA Records except as

i. permitted or required by this Agreement,

ii. required by law, or

iii. otherwise authorized by Institution in writing;

b. safeguard the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which Contractor protects its own confidential information; and

c. continually monitor its operations and take any action necessary to assure that the FERPA Records are safeguarded in accordance with the terms of this Agreement.

3. At the request of MCCCD, Contractor agrees to provide MCCCD with a written summary of the procedures Contractor uses to safeguard the FERPA Records.

4. For purposes of this Agreement, both Parties shall designate each other as a school official with a legitimate educational interest in the educational records of participating students to the extent that access to School's records is required to carry out the terms of this Agreement.

4.9 INSURANCE REQUIREMENTS

Contractor will maintain during the term of this Contract insurance policies described below issued by companies licensed in Arizona with a current A.M. Best rating of A-VIII or better. Before the start of Contract performance, Contractor will furnish the college/district with certificates of insurance evidencing the coverage, conditions, and limits required by this Contract. Certificates of insurance will be requested via email and must be attached to a response email to the following address:

insurancecertificates@domail.maricopa.edu

The insurance policies, except Worker’s Compensation and Professional Liability, if applicable, must be endorsed as required by this written contract to name Maricopa Community Colleges, its agents, officers, officials, employees, and volunteers as additional insureds with the following language or its equivalent:

Maricopa County Community College District, its agents, officers, officials, employees, and volunteers are hereby named as additional insureds as their interest may appear.

The insurance policies shall contain a waiver of subrogation endorsement in favor of Maricopa County Community College District, its agents, officers, employees, and volunteers for losses arising from work performed by or on behalf of the Contractor.

In the event any professional lability insurance is required by this Contract and is written on a “claims made” basis, Contractor warrants that any retroactive date under the policy will precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed.

Contractor's work or services must be evidenced by annual certificates of insurance. Each insurance policy required by the insurance requirements of this Contract shall provide the required coverage and shall not be suspended, voided, or canceled except after thirty (30) days’ prior written notice has been given to the to the e-mail specified in this Paragraph, except where cancellation is for non-payment of premium, in which case ten (10) days’ prior notice may be given. Such notice should be sent directly to the e-mail specified in this Paragraph. If any insurance company refuses to provide the required notices, the Contractor or its insurance broker shall notify MCCCD at the e-mail specified in this Paragraph of any cancellation, suspension, or non-renewal of any insurance within seven (7) days of receipt of insurer’s notification to that effect. The Contractor’s insurance must be primary, and any insurance or self-insurance maintained by MCCCD will not contribute to it. If any part of the Contract is subcontracted, these insurance requirements also apply to all subcontractors.

Any modification or variation of the insurance requirements in this Contract shall be made by the MCCCD Risk Management Department, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action.

A. Commercial General Liability (CGL) – Occurrence Form Policy shall include bodily injury, property damage, and broad form contractual liability coverage, including but not limited to, the liability assumed under the indemnification provisions of this Contract.

• Each Occurrence $1,000,000

B. Commercial Auto Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor's owned, hired, and non-owned vehicles.

C. If applicable, Worker’s Compensation insurance with limits statutorily required by an Federal or state law 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.

D. If either of the boxes in Paragraph 2-B are checked, Professional Liability insurance covering acts, errors, mistakes, omissions rising out of the work or services performed by the Contractor, or any person employed by the Contractor, with a limit of not less than:

A. If Contractor will be hosting, uploading, inputting, or transferring Confidential Information to Contractor technology devices, or will have or possibly have access MCCCD’s technology systems as identified in Paragraph 4, Network Security and Privacy Liability coverage in an amount not less than $2,000,000 per claim and annual aggregate, covering all acts, errors, omissions, negligence, infringement of intellectual property (except patent and trade secret); network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties; data breach expenses, in an amount not less than $2,000,000 and payable whether incurred by MCCCD or Contractor including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for MCCCD or on behalf of MCCCD hereunder. The policy shall contain an affirmative coverage grant for contingent bodily injury and property damage emanating from the failure of the technology services or an error or omission in the content/information provided. Such insurance shall be maintained in force at all times during the term of the agreement and for a period of three years thereafter for services completed during the term of the agreement. MCCCD shall be given at least 30 days’ notice of the cancellation or expiration of the aforementioned insurance for any reason.[footnoteRef:3] [3: May change depending on the type of risk.]

4.10 INDEMNIFICATION

To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless MCCCD, its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from breach of a material term of this Contract, or from the negligent or intentional acts or omissions of the Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of the Contract. If applicable, Contractor will also indemnify, defend and hold harmless MCCCD and its officers, officials, employees and agents against any claim (including but not limited to attorney fees and court costs) that their authorized use of Contractor’s Services under this Contract violates the claimant’s property rights. Contractor will be responsible for obtaining any intellectual property consents necessary to provide the Services. The requirements in Paragraph 4 will not be construed as limiting the scope of this indemnification.

4.11 OBLIGATIONS TO PROTECT CONFIDENTIAL INFORMATION

MCCCD information that is required to be kept confidential will be kept so in perpetuity.

For purposes of this Contract, Confidential Information is defined as any and all MCCCD information and data whose collection, sharing, dissemination, use, preservation, disclosure, protection, storage, destruction and/or disposition is governed by federal, state, local and/or international law or regulation. Confidential Information includes, but is not limited to, Social Security Numbers, student records, student financial records regarding students (or their parents or sponsors), financial and personal information regarding MCCCD employees and students, personal health information (as defined by the Health Insurance Protection Accountability Act of 1996), and other personally identifiable information protected by applicable law or regulation. In addition, Confidential Information includes data and other information that is proprietary to or developed by MCCCD such as institutional financial and performance records.

4.11.1 Confidential Information does not include (i) information the receiving party already knows, (ii) information that becomes generally available to the public except as a result of disclosure by the receiving party in violation of this Contract, and (iii) information that becomes known to the receiving party from a source other than the disclosing party on a non-confidential basis.

4.11.2 Contractor agrees that Confidential Information provided to it, or to which it may potentially have access, during the provision of service, will be used only and exclusively to support the service and service execution and not for any other purpose. Such use will not include examining data for targeted marketing either within the confines of the service or external to the service (e.g., keyword indexing). Contractor may use aggregate statistics on service usage to enhance or optimize the functionality of the service provided under this Contract.

4.11.3 Contractor will limit access to Confidential Information to its employees with a need to know the Confidential Information to carry out the activities under this Contract and will instruct those employees to keep the information confidential. It is understood, however, that Contractor may disclose the MCCCD Confidential Information on a need-to-know basis to its subcontractors who are performing services, provided those subcontractors have executed confidentiality agreements and have agreed to materially the same or greater security obligations as Contractor provides with respect to MCCCD Confidential Information hereunder, and further provided that Contractor shall remain legally and financially liable for any unauthorized disclosure of the MCCCD Confidential Information by those subcontractors.

If a Contractor staff person or Contractor subcontractor potentially will have access to MCCCD’s network, facilities, data, Confidential Information, and/or Sensitive Information,[footnoteRef:4] they may not perform any work involving such access until they have received MCCCD’s privacy and security training, and/or accepted and agreed to adhere to MCCCD’s privacy and security policies and procedures.[footnoteRef:5] If exigent circumstances are presented, all or part of this requirement may be waived in writing by MCCCD’s Chief Privacy Officer or General Counsel. [4: Sensitive Information is information that is so deemed under applicable law. Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Sensitive Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.] [5: See, e.g., MCCCD Statement on Privacy at https://chancellor.maricopa.edu/public-stewardship/governance/administrative-regulations/4-auxiliary-services/4.22-statement-on-privacy; MCCCD Written Information Security Program at https://chancellor.maricopa.edu/public-stewardship/governance/administrative-regulations/4-auxiliary-services/4.23-written-information-security-program; and MCCCD Information Security Incident Response Plan at https://chancellor.maricopa.edu/public-stewardship/governance/administrative-regulations/4-auxiliary-services/4.24-information-security-incident-response-plan.

4.11.4 As noted in Paragraph 4.8, Family Educational Rights and Privacy Act, Contractor understands that it may have access to student educational records, under this Contract.. Contractor shall safeguard those records and limit access to those records to only its employees and/or agents whose access to them is essential to the performance of this Contract. Contractor will not disclose those records without the prior written authorization of the student and/or the parent of a student who is a minor permitting MCCCD and Contractor to release the information according to the authorization.

4.11.5 At all times during this Contract, Contractor will maintain appropriate administrative, technical and physical safeguards to protect the security and privacy of the Confidential Information in use, in motion and at rest.

4.11.5.1 These safeguards include, but are not limited to, implementation of adequate privacy and security policies and data breach response plans that comply with industry standards and the requirements of applicable laws and the regulatory agencies responsible for enforcing them, as long as they meet or exceed MCCCD’s information security and privacy policies and procedures as previously described herein. Contractor will supply the appropriate MCCCD representative with copies of those policies and plans upon request.

4.11.5.2 Contractor will maintain personnel policies that appropriately check the backgrounds of its employees who will be providing services to MCCCD. Contractor will supply the appropriate MCCCD representative with copies of those policies upon request.

4.11.6 Contractor will inform MCCCD’s Chief Privacy Officer and the Office of General Counsel by sending an e-mail to protectprivacy@maricopa.edu immediately, and in no event later than within one (1) business day if Contractor and/or its contractors/agents has reason to believe that an actual or suspected security incident or any other circumstance has occurred in which MCCCD may be required to perform a risk assessment and/or provide a notification under applicable law, at which point MCCCD internal and/or external legal counsel will determine any additional information needed or steps to be taken, and will make a legal determination regarding its course of action. Any such notice will provide a description about the Confidential Information that was accessed as Contractor has available at the time of the notice. Contractor will keep the MCCCD Office of General Counsel updated promptly as additional details about the nature of the Confidential Information become available, and will communicate such information in a manner that maximizes the extent to which the attorney-client privilege and/or work product attaches to these communications. Furthermore, any such notice and all communications concerning a situation for which notice is provided are part of the confidential joint response of Customer and Contractor,

4.11.7 Contractor agrees to mitigate, to extent practicable, any harmful effect that is known to Contractor of a use or disclosure of Confidential Information in violation of this Contract by Contractor or its subcontractor.

4.11.8 For purposes of this Contract, “security incident” means the unauthorized access and/or misappropriation of Confidential Information. If in the event that applicable law requires notification to individuals or others of such a security incident or such incident places individuals at an actual risk of harm, Contractor will (i) be completely accountable and responsible, financially and otherwise, at no cost to MCCCD, (ii) provide assistance with the drafting and mailing of such notifications, (iii) retain a mutually agreed upon vendor to provide notification and call centering services, and (iv) offer to provide two (2) years of industry standard credit monitoring, identity theft restoration services and identity theft insurance to each affected individual at no cost to Customer or such affected individual. The requirement to offer such monitoring and insurance will only exist for individuals in those jurisdictions where such products are available.

4.11.9 If as result of the Contractor’s systems, actions, and/or omissions, if a suspected or actual breach involving Confidential Information occurs, Contractor will obtain a mutually agreed upon vendor to provide at no cost to client forensic services, including, but not limited to, the collection of information in connection with a forensic and risk analysis. Contractor shall indemnify, defend and hold MCCCD, its agents, officers, officials, employees and volunteers harmless from and against all claims, damages, losses, and expenses (including, but not limited to, attorney fees and court costs) of any kind relating to the disclosure of Confidential Information caused by the negligent or intentional acts or omissions of the Contractor, its agents, employees, or any tier of Contractor’s subcontractors in the performance of this Amendment. Contractor will indemnify, defend and hold MCCCD harmless from claims of any kind relating to the disclosure of MCCCD Confidential Information caused by a possible or actual security infiltration or exfiltration involving technology of the Contractor, its agents, employees, or any tier of Contractor’s subcontractors.

4.11.10 To the extent that Contractor transmits or processes Confidential Information outside of the United States, it agrees to comply with the data security and privacy laws of each country through which such information is transmitted or processed, as well as the data security and privacy laws of the jurisdictions of residence for the individuals whose data is used by Contractor.

4.12.11 If the IFB specifically requires the Contractor to submit the MCCCD External Entity Due Diligence Questionnaire before Contract award, Contractor will be required to promptly update and resubmit the questionnaire if it makes any revisions to its practices and policies that materially change its responses to that questionnaire.

4.11.12 If Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Contract hosts or maintains MCCCD Confidential Information on its technology, Contractor warrants and confirms that the hosting or maintenance of that information meets applicable legal and industry security standards, including qualifying for “safe harbor” rules under applicable data breach laws.

4.12.2 MCCCD owns all of the records and data of which Contractor has custody on MCCCD’s behalf. Contractor will not disclose, use, destroy, transfer or otherwise manage those records and data except as provided in this Contract or, if the Contract is silent, without the express written approval of an authorized MCCCD representative. Contractor will work with MCCCD to transfer all of MCCCD’s records and data to MCCCD on the termination or expiration of this Contract.

4.12.3 Contractor agrees to provide MCCCD access to records and Confidential Information that Contractor holds or uses on behalf of MCCCD upon written request of MCCCD with reasonable advance notice. Further, Contractor agrees to make amendments to Confidential Information as directed by MCCCD and will maintain a record of those changes.

4.12.4 Contractor agrees to maintain, and provide to MCCCD if requested, a record of when and to whom Confidential Information is disclosed.

4.12.5 MCCCD agrees to provide Contractor with adequate notice of any further limitations or restrictions on the use of Confidential Information, and modifications to the amendment of records or accounting of disclosures.

4.12.6 Confidential Information of MCCCD will be returned to the MCCCD or securely destroyed promptly upon request of MCCCD without retaining any copies thereof, with any destruction confirmed in writing by Contractor, with any destruction confirmed in writing by Contractor, except to the extent copies are required by law to remain with Contractor.

4.13 PERMITS

The Contractor shall be financially responsible for obtaining all required permits, licenses, and bonding related to this Contract to comply with pertinent municipal, county, State and Federal laws.

4.14 PROVISION OF SUPPLIES, MATERIALS AND LABOR

The Contractor shall furnish all materials, equipment, and services, as appropriate, for the efficient and sound performance of this Contract, or in subsequent extensions or amendments.

4.15 CONFLICT OF INTEREST

Notice is given of Arizona Revised Statutes §38-511 under which MCCCD may cancel a contract without recourse for any conflict of interest described in that law. See: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/38/00511.htm&Title=38&DocType=ARS

4.16 SAFEKEEPING OF RECORDS

Contractor shall keep in a safe place all financial and performance records and statements pertaining to this Contract for a period of three (3) years from the close of each term of the Contract.

4.17 AUDITS

Contractor shall make available during normal business hours and with advance notice from MCCCD all records pertaining to the Contract for purposes of audit by MCCCD staff or other public agencies having jurisdiction over or audit rights involving the expenditure of MCCCD funds.

4.19 NON-DISCRIMINATION

Contractor will comply with all applicable state and federal law, rules, regulations and executive orders governing equal employment opportunity, immigration, and nondiscrimination, including the Americans With Disabilities Act. If applicable, the parties will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, age. or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national original, protected veteran status or disability. MCCCD also prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), disability, veteran status or genetic information.

1. Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42 USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, color, and national origin (Title VI) and race, religion, color, or national origin, and gender (Title VII); and further agrees to abide by Executive Order No. 11246, as amended; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities.

2. Contractor agrees that while interacting with Maricopa County Community College District employees and students, it will comply with Title IX of the Education Amendments of 1972 (20 USC 1681), which prohibits discrimination on the basis of sex in any federally funded education program or activity. Contractor must include this provision in every subcontract or purchase order relating to purchases by MCCCD to insure that the subcontractors and vendors are bound by this provision.

3. Contractor additionally agrees that it will cooperate with any investigation by MCCCD of a claimed violation of the above, to abide by any interim measures imposed during the course of an investigation and/or final measures imposed as a result of an investigation, and that its contract may be terminated without further recourse in the event of a finding of a violation by Contractor or its employees, subcontractors and related parties.

4.20 COMPLIANCE WITH LAWS; LEGAL WORKER’S ACT

The Contractor shall at all times comply with the Federal Immigration Reform and Control Act of 1986 (and by any subsequent amendments) and shall indemnify, hold harmless, and defend MCCCD from any and all costs or expenses whatsoever arising out of Contractor’s noncompliance. To the extent applicable to this Contract under Arizona Revised Statutes § 41-4401, Contractor warrants on behalf of itself and its subcontractors that it verifies the employment eligibility through the e-verify program of any employee it hires and complies with federal immigration laws and regulations relating to their employees. The Contractor shall at all times comply with the Federal Immigration Reform and Control Act of 1986 (and by any subsequent amendments to it) and shall indemnify, hold harmless, and defend MCCCD from any and all costs or expenses whatsoever arising out of Contractor's compliance or noncompliance with that law. Additionally, Contractor agrees to abide by all applicable laws that apply to it and this Contract, including executive orders of the Governor of the State of Arizona

4.21 CONTRACT TERMINATION

MCCCD may terminate this Contract for convenience by giving Contractor 15 days’ written notice of termination. MCCCD may terminate this Contract for the failure of the Contractor to perform according to the Contract by giving the Contractor 10 days’ written notice of the failure to comply. MCCCD may terminate this Contract immediately if the Contractor files for bankruptcy or receivership, or takes any actions relating to insolvency, such as an assignment for the benefit of creditors.

4.22 BREACH CURE; REPLACEMENT

The Contractor shall perform all requirements of the Contract in a manner consistent with the highest industry or professional standards. If MCCCD provides the Contractor with a 10-day written notice, Contractor must take immediate action to correct the deficiency identified in the notice. Contractor’s failure to cure the deficiency within 10 days of receipt of the written notice will result in termination of the Contract. If, in MCCCD’s sole discretion, the Contractor diligently pursues correction of the default and correction cannot be completed in 10 days, MCCCD may extend the time for curing the default by providing the Contractor with written notice of the extension before the end of the 10-day period. MCCCD is entitled to exercise all of its remedies under applicable law and in equity relating to Contractor’s breach.

4.23 INTERPRETATION

The parties intend this Contract to express their complete and final agreement.

4.24 RISK

The Contractor assumes all risk as to difficulties that are due to any unfavorable conditions within its direct and indirect control except for Force Majeure. Additionally, the Contractor assumes all risk for difficulties in the nature of the project or the work that the Contractor knew or should have known about before submission of its bid on which this Contract is based, under scope of work issued under this Contract, or, if applicable, at the time of individual purchases under this Contract.

4.25 WORK TO BE PERFORMED BY OTHERS

MCCCD reserves the right to perform any and all services in-house or to utilize the services of other firms on unrelated projects.

4.26 PURCHASES OF OTHER PUBLIC ENTITIES

MCCCD has entered into Cooperative Purchasing Agreements with Arizona State University, Maricopa County, and other public entities. MCCCD is also an active member of the Strategic Alliance for Volume Expenditures (SAVE) Cooperative agreement. Under these Cooperative Purchasing Agreements and with the concurrence of the Contractor, other public entities that are members of these associations or any entity within MCCCD may purchase services, equipment or materials, as applicable, off of this Contract unless Contractor explicitly specified in its bid that it did not want to make the Contract available other than to MCCCD. This provision applies only to contracts that are for the provision of services, equipment or materials on an “as-needed” basis throughout the contract term, and not to contracts for specific projects or one-time purchase where the contract expires on the completion of the project or the purchase.

Cooperative purchasing on this contract is not considered permissible until MCCCD and Contractor execute a separate Cooperative Purchasing Agreement that shall be attached to the contract as an…