PQ260001-Draft.V3.KH.091725.docx

REQUEST FOR QUOTES

#PQ260001

CAR AND TRUCK WASH SERVICES

Notice is hereby given that Maricopa County (County) is conducting this Request for Quotes (RFQ), electronically through an outside agent, BidNet Direct, until 2:00 p.m. Mountain Standard Time (MST) on October 13, 2025, for quote #PQ260001 Car and Truck Wash Services for Maricopa County.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT PLATFORM, BIDNET DIRECT (www.bidnetdirect.com), WILL BE CONSIDERED.

To register please go to www.bidnetdirect.com and select “Vendor Registration.” Registration has no cost and will allow you to access all the bid information, bid documents, receive bid notifications, and submit a response.

For assistance with the e-procurement platform, contact BidNet Direct Vendor Support during regular business hours: Phone: 1-800-835-4603 or Email: support@bidnet.com. The BidNet Direct Support Department is available Monday-Friday from 8:00 a.m. to 8:00 p.m. Eastern Standard Time (EST).

All responses must be submitted electronically through the e-procurement platform prior to the RFQ closing. The RFQ will be listed under #PQ260001.

Any attempt to submit a bid, proposal, modification, or withdrawal after the designated time is “late” and will not be accepted, nor will it be evaluated per Paragraph MC1-320 of the Maricopa County Procurement Code.

All administrative information concerning this Request for Quotes can be located at http://www.maricopa.gov/procurement/.

Any addenda to this Request for Quotes will be posted on the Maricopa County Office of Procurement Services website under the quote number. This information will also be posted online at www.bidnetdirect.com.

FAILURE TO REVIEW ANY ADDENDA DOES NOT NEGATE YOUR INITIAL OFFER AND HOLDS THE RESPONDENT RESPONSIBLE FOR ANY CHANGES PRIOR TO BID CLOSING.

Note: Maricopa County publishes its solicitations online and they are available for viewing and/or downloading at the following internet address: https://www.maricopa.gov/2190/Solicitations

1.0 INTENT

1.1 The intent of this Request for Quotes is to establish a firm fixed pricing agreement(s) to provide car and truck wash services at locations where County personnel may bring department vehicles for full-service washing services. Types of County vehicles primarily include, but are not limited to, passenger vehicles, light trucks, and full-size vans.

1.1.1 Vendors shall provide firm fixed pricing per wash for each type of service offered. Pricing shall be applied on an as-needed basis.

1.1.2 Vendors shall also provide any tiered pricing for unlimited monthly washes per each type of service offered based on fleet size (e.g., 1-5 vehicles, 6-10 vehicles, etc.). Pricing shall be applied per County department’s fleet.

1.2 The County intends to award multiple quotes to vendors with facilities that can provide as needed services in various locations throughout the County in the following geographic zones (see map of zones in Exhibit 1 Car and Truck Wash Service Zone):

1.3 Contractor shall provide all labor, materials, supplies, and incidentals necessary for all vehicle cleaning and detail services offered.

1.4 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.

1.5 Maricopa 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.

2.0 SCOPE OF WORK

2.1 Vehicle Types

2.1.1 Light/medium-duty cars and trucks including passenger vehicles, small pickup trucks, midsized SUVs, and mini vans, full sized SUVs, full sized pickup trucks 1/2 to 3/4-ton standard bed, full sized vans, and medium/heavy-duty truck cabs only excluding bodies.

2.1.2 Medium/heavy-duty trucks including trucks with non-standard beds and bodies up to 24’ (all service bodies, dump bodies, utility bodies, and any other industrial body up to 24’ on a truck chassis).

2.2 Car and Truck Wash Service Requirements

2.2.1 Basic wash minimum requirements:

2.2.1.1 Wash and dry the exterior of the vehicle (no spots or streaks)

2.2.1.2 Clean interior and exterior windows and door jambs (no spots or streaks)

2.2.1.3 Air/towel dry only

2.2.2 Deluxe wash minimum requirements:

2.2.2.1 Wash and dry the exterior of the vehicle (no spots or streaks)

2.2.2.2 Clean interior and exterior window and door jambs (no spots or streaks)

2.2.2.3 Clean rims and wheels

2.2.2.4 Vacuum the interior seats, mats, and floor

2.2.2.5 Wipe down of all interior surfaces

2.2.2.6 Removal of all trash (unless otherwise instructed by driver)

2.2.3 Contractor shall have the ability to provide the following upholstery and carpet shampooing service options:

2.2.3.1 Basic wash with upholstery and carpet shampooed

2.2.3.2 Deluxe wash with upholstery and carpet shampooed

2.3 Performance Requirements

2.3.1 Contractor shall not use abrasives or harsh chemicals on County owned vehicles.

2.3.2 Contractor shall guarantee wash will remove most road grime, stains, dirt, dust, mud and debris from all surfaces. All vehicles shall be towel or blown air dried.

2.3.3 Contractor shall take special care not to damage emergency lighting systems, antennas, exterior racks or any other equipment attached to County vehicles.

2.3.4 All work under this quote shall be performed in a skillful and workman-like manner. The contractor and its employees shall be professional and courteous at all times.

2.3.5 The County prefers that contractor uses products that are 100% environmentally safe, non-toxic, biodegradable products which shall not generate hazardous waste.

2.3.6 Contractor shall have the ability to provide hand washing services for special service vans, large vehicles, and other vehicles that will not fit through a standard car wash due to size restrictions.

2.3.7 County personnel should not be required to wait more than ten minutes for services to begin. Additionally, basic and deluxe wash services should take no more than 30 minutes for light/medium-duty cars and trucks and medium/heavy-duty trucks.

2.3.8 Contractor shall have the ability to provide interior detailing services for all vehicle types. Contractor shall schedule services to be performed no later than one business day from the County’s request and services shall be completed within one business day.

2.3.9 If services have not been performed to satisfaction, contractor shall, within one 24 hours of the original service (unless scheduled otherwise by the County department), complete any rework at no additional expense to the County.

2.3.10 The County may be required to schedule services for other classes of equipment.

3.0 QUALIFICATIONS

Contractor shall have a minimum of three years’ experience operating full-service car wash locations.

4.0 CAR AND TRUCK WASH LOCATIONS

4.1 Contractor car and truck wash locations may be located anywhere in Maricopa County.

4.1.1 Contractor shall indicate the number of locations in each geographic zone, general pricing, and whether they are able to provide onsite services for oversized vehicles and heavy equipment on Attachment C Geographic Zones and General Service Information.

4.1.2 Contractor shall provide a complete listing of locations, including addresses, and hours of service on Attachment D Car and Truck Wash Locations and Hours of Operation.

4.2 Contractor shall be able to perform services, at a minimum, between the hours of 9:00 a.m. and 5:00 p.m. MST, Monday through Friday.

4.2.1 Services may be scheduled or performed while County personnel waits.

4.3 Contractor employees must wear a company issued shirt that allows for easy identification of employees at each location.

4.4 Contractor shall have sufficient staff to pre-clean heavily soiled vehicles by hand prior to the automatic wash to ensure County vehicles are sufficiently clean upon exit.

5.0 DAMAGE TO COUNTY VEHICLES

Contractor shall be liable for County vehicles and equipment while on contractor premises. Any damage to mirrors, lights, antennas, or any damage to County vehicles shall be the sole responsibility of the contractor.

TERMS & CONDITIONS

1.0 The Maricopa County Procurement Code (“The Code”) governs this procurement and is incorporated by reference. Any protest concerning this Request for Quote must be filed with the Procurement Officer in accordance with Section MC1-905 of the Code. Also, Maricopa County posts general terms and conditions on its web site, and those applicable terms and conditions are also incorporated by reference. https://www.maricopa.gov/DocumentCenter/View/6453.

1.1 Bids may be modified prior to bid opening by bid addenda. Addenda are included in an updated bid document. It is the sole responsibility of any bidder to ensure that it has any and all addenda. Failure of any bidder to receive any addenda shall not relieve such bidder from any obligation under his bid as submitted.

1.2 Maricopa County advises that prospective bidders periodically check the websites, including but not limited to Bidnet Direct, and/or other County links for modifications to bid documents. Maricopa County is not responsible for a prospective bidder's misunderstanding of the bid solicitation or nonresponsive bid due to failure to check these websites for updates or amendments to bid documents, and/or other information regarding the bid solicitations. Failure to periodically check these websites will be at the bidder's sole risk.

1.3 The information published and/or responded to on these websites is public information. Confidential questions/issues/concerns should be directed to the contact on the ad.

1.4 Maricopa County reserves the right to award this quote 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.

2.0 ORDERING AUTHORITY

Any request for purchase of product(s) shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.

3.0 FORCE MAJEURE

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 quote, 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.

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.

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.

4.0 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION

This quote does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this quote when the County identifies a need and proper authorization and documentation have been approved.

5.0 PURCHASE ORDERS

5.1 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.

5.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy.

6.0 SPECIAL TERMS & CONDITIONS

6.1 QUOTATION TERM

This Request for Quotation is for awarding a firm, fixed price purchasing quotation to cover a one-year period, unless otherwise noted.

6.2 OPTION TO EXTEND

The County may, at their option and with the approval of the Contractor, extend the period of this Quotation up to a maximum of two, one-year options, (or at the County’s sole discretion, extend the Quote on a month to month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by Maricopa County of the County’s intention to extend the Quote period at least 30 calendar days prior to the expiration of the original quotation period.

6.3 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 quote 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 quote.

6.4 STOP WORK ORDER

6.4.1 The County 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 quote for a period of 90 calendar days after the order is delivered to the contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either:

6.4.1.1 cancel the stop work order; or

6.4.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this quote.

6.4.2 The procurement officer may make an equitable adjustment in the delivery schedule and/or quote price, and the quote shall be modified, in writing, accordingly, if the contractor demonstrates that the stop work order resulted in an increase in costs to the contractor.

6.5 TERMINATION FOR CONVENIENCE

Maricopa County may terminate the resultant quote for convenience by providing 60 calendar days advance notice to the contractor.

6.6 TERMINATION FOR DEFAULT

6.6.1 The County may, by written Notice of Default to the contractor, terminate this quote in whole or in part if the contractor fails to:

6.6.1.1 deliver the supplies or to perform the services within the time specified in this quote or any extension;

6.6.1.2 make progress, so as to endanger performance of this quote; or

6.6.1.3 perform any of the other provisions of this quote.

6.6.2 The County’s right to terminate this quote 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.

6.7 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST

Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County may cancel any quote without penalty or further obligation within three years after execution of the quote, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the quote on behalf of the County is at any time, while the quote or any extension of the quote is in effect, an employee or agent of any other party to the quote in any capacity or consultant to any other party of the quote with respect to the subject matter of the quote. 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 quote on behalf of the County from any other party to the quote arising as the result of the quote.

6.8 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 quote.

6.9 SUBCONTRACTING

6.9.1 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.

6.9.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s rate, as bid in the Pricing Sheet, 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.

6.10 INVOICES AND PAYMENTS

6.10.1 Contractor shall maintain a County Vehicle Log by County department that records information regarding each vehicle cleaned and submit it alongside the County department’s monthly invoice. At minimum, the County Vehicle Log shall include the following: (See Exhibit 2 Maricopa County Vehicle Log for an example).

6.10.1.1 County agency/department name

6.10.1.2 Date of service

6.10.1.3 Services received

6.10.1.4 License plate number

6.10.1.5 Name of County personnel receiving services

6.10.1.6 Signature of County personnel requesting services

6.10.2 Contractor shall provide County personnel with a receipt for services provided at the time of service.

6.10.3 Contractor shall only provide services on County vehicles and on request from authorized County personnel. The County will work with contractor to establish authorization procedures.

6.10.3.1 The County is not responsible for services provided to any unauthorized vehicles or services that have not been requested by authorized County personnel.

6.10.4 The County is not responsible for additional services that are rendered to any vehicle unless such services are part of the quote and have been detailed in the contractor’s County Vehicle Log.

6.10.5 The County does not allow miscellaneous charges or fees (i.e., shop supplies, environmental fees, hazardous waste) unless allowed under Arizona State or Federal mandate.

6.10.6 To avoid any delay in payment, contractor shall submit department specific invoices for payment monthly alongside the department specific County Vehicle Log (see Section 8.10.1). 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 information

· Quote number

· County purchase order number

· Invoice number and date

· Payment terms

· Date of service or delivery

· Quantity

· Quote item number(s)

· Description of purchase (product or services)

· Pricing per unit of purchase

· Extended price

· Total amount due

· County vehicle license plate number

6.10.7 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order.

6.10.8 Payment will 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 quote award, the contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration website https://www.maricopa.gov/5169/Vendor-Information.

6.10.9 Discounts offered in the quote shall be calculated based on the date a properly completed invoice is received by the County.

6.10.10 EFT payments to the routing and account numbers designated by the contractor shall include the details on the specific invoices that the payment covers. The contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.

7.0 APPLICABLE TAXES

7.1 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 quote award.

7.2 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 shall 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.

7.3 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 the City 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).

8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)

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 quote. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the quote under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this quote 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 quote by other governmental entities.

9.0 AMENDMENTS

All amendments to this quote 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.

10.0 PRICE ADJUSTMENTS

Any requests for reasonable price adjustments must be submitted thirty (30) days prior to any annual anniversary or bi-annual date etc. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey.

11.0 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 quote award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting quote 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 Director of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.

12.0 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 will 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.

13.0 STRICT COMPLIANCE

Acceptance by County of a performance that is not in strict compliance with the terms of the quote shall not be deemed to be a waiver of strict compliance with respect to all other terms of the quote.

14.0 VALIDITY

The invalidity, in whole or in part, of any provision of this Quote shall not void or affect the validity of any other provision of the Quote.

15.0 SEVERABILITY

The removal, in whole or in part, of any provision of this quote shall not void or affect the validity of any other provision of this quote.

16.0 RIGHTS IN DATA

16.1 The County shall have the use of data and reports resulting from a quote 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 quote and to the performance thereunder.

16.2 Data, records, reports, and all other information generated for the County by a third party as the result of a quote 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.

17.0 RELATIONSHIPS

17.1 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.

17.2 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 previously approved by the County.

18.0 UNIFORM ADMINISTRATIVE REQUIREMENTS

By entering into this quote, 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.

19.0 GOVERNING LAW

This quote shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this quote will be in Maricopa County Superior Court, Phoenix, Arizona.

20.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS

20.1 By entering into the quote, 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 quote 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.

20.2 The County retains the legal right to inspect documents of contractor and subcontractor employees performing work under this quote to verify compliance with paragraph 22.1 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 quote and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the quote for default, and suspension and/or debarment of the contractor. All costs necessary to verify compliance are the responsibility of the contractor.

21.0 NON-COLLUSION, EMPLOYMENT, AND SERVICES

By signing the Offer and Acceptance form or other official Quote form, the Offeror certifies that the Offeror did/does not:

21.1 Engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and

21.2 Discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability.

22.0 INDEMNIFICATION

22.1 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 relating to the performance of this quote.

22.2 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 tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this quote, 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.

22.3 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.

22.4 The scope of this indemnification does not extend to the sole negligence of County.

23.0 INSURANCE

23.1 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.

23.2 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 quote is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this quote.

23.3 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 quote 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 quote is completed.

23.4 Contractor’s insurance will be primary insurance as respects County, and any insurance or self-insurance maintained by County will not contribute to it.

23.5 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.

23.6 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductibles 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.

23.7 The insurance policies required by this quote, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds.

23.8 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.

23.9 If available, the insurance policies required by this quote 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.

23.9.1 Commercial General Liability

Commercial General Liability (CGL) insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 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.

23.9.2 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 quote.

23.9.3 Workers’ Compensation

23.9.3.1 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 quote; 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.

23.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this quote 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 quote.

23.10 Certificates of Insurance

23.10.1 Prior to quote award, contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the quote 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 quote are in full force and effect. Such certificates shall identify this quote number and title.

23.10.2 In the event any insurance policy(ies) required by this quote is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of contractor’s work or services and as evidenced by annual Certificates of Insurance.

23.10.3 If a policy does expire during the life of the quote, a renewal certificate must be sent to County 15 calendar days prior to the expiration date.

23.10.4 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

23.11 Cancellation and Expiration Notice

Applicable to all insurance policies required within the insurance requirements of this quote, contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 calendar days prior written notice to Maricopa County. Contractor must provide notice to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 301 W. Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation.

24.0 TERMINATION FOR CONVENIENCE

Maricopa County may terminate the resultant quote for convenience by providing 30 calendar days advance notice to the contractor.

25.0 TERMINATION FOR DEFAULT

25.1 The County may, by written Notice of Default to the contractor, terminate this quote in whole or in part if the contractor fails to:

25.1.1 deliver the supplies or to perform the services within the time specified in this quote or any extension;

25.1.2 make progress, so as to endanger performance of this quote; or

25.1.3 perform any of the other provisions of this quote.

25.2 The County’s right to terminate this quote 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.

26.0 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW

26.1 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 quote 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.

26.2 If the contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this quote 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.

27.0 INFLUENCE

27.1 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.

27.2 An attempt to influence includes, but is not limited to:

27.2.1 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 quote, garner favorable treatment, or gain favorable consideration of any kind.

27.3 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 quote.

28.0 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

28.1 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:

28.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any quote or grant by any United States department or agency or any state, or local jurisdiction;

28.1.2 have not within a three-year period preceding this quote:

28.1.2.1 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 quote; or

28.1.2.2 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 quote;

28.1.3 are not presently indicted or criminally charged by a government entity (Federal, state or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, state or local) transaction or quote;

28.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity quote or other transaction; and

28.1.5 have not within a three-year period preceding this quote had any public transaction (Federal, state or local) terminated for cause or default.

28.2 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.

28.3 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 quote. If this clause is applicable to a subcontractor or sub-subcontractor, the contractor shall include the information required by this clause with their bid.

29.0 BACKGROUND CHECK

Bidders/proposers 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.

30.0 FORCED LABOR

30.1 By submitting a bid for this solicitation and/or entering into a quote 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.

30.2 Contractor certifies that it does not currently, and agrees for the duration of the quote, that it will not use:

30.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.

30.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

30.2.3 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.

30.3 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.

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