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Agenda Packet_2023-03-07
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Agenda Packet_2023-03-07
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Clerk of the Council
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3/7/2023
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EXHIBIT 1 <br />SERIAL. 16154-RFP <br />6.6.3 If any of the services do not conform to Contract requirements, County may require the <br />Contractor to perform the services again in conformity with Contract requirements, at no <br />cost to the County. When the defects in services cannot be corrected by re -performance, <br />County may: <br />6.6.3.1 Require the Contractor to take necessary action to ensure that future <br />performance conforms to Contract requirements; and <br />6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed. <br />6.6.4 If after being provided written notice and reasonable opportunity to cure the Contractor <br />fails to promptly perform the services again or to take the necessary action to ensure <br />future performance in conformity with Contract requirements, County may: <br />6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor, <br />through direct billing or through payment reduction, any cost incurred by <br />County that is directly related to the performance of such service; or <br />6.6.4.2 Terminate the Contract for default. <br />6.7 REQUIREMENTS CONTRACT: <br />6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the <br />Contract resulting f'om the bid is a requirements contract. However, the Contract does <br />not guarantee any minimum or maximum number of purchases will be made. It only <br />indicates that if purchases are made for the materials or services contained in the <br />Contract, they will be purchased from the Contractor awarded that item if the Contractor <br />can meet all the delivery requirements of the County. Orders will only be placed' when <br />the County identifies a need and proper authorization and documentation have been <br />approved. <br />6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time <br />after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the <br />Contractor for actual and documentable costs incurred by the Contractor in response to <br />the Purchase Order. The County will not reimburse the Contractor for any costs incurred <br />after receipt ofCounty notice of cancellation, or for lost profits, shipment ofproduct prior <br />to issuance ofPurchase Order, etc. <br />6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from <br />the County Procurement Officer with written notification to follow promptly. By <br />submitting a bid in response to this Invitation for Bids, the Contractor specifically <br />ackriowledges to be bound by this cancellation policy. <br />6.8 Background Check: <br />Contractors need to be aware that there may be multiple background checks (Sheriffs Office, <br />County Attorney's Office, Courts as well as Maricopa County general government) to determine if <br />the respondents employees are acceptable for the contractor to do business with the County. This <br />applies to (but is not limited to) the company and sub -contractors. Employees or others who fail to <br />pass these checks shall not be allowed to work on County projects. Failure to meet these <br />requirements may lead to termination o fthe contract. <br />6.9 Suspension of Work <br />The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or <br />any part ofthe work ofthis contract for the period oftime that the Procurement Officer determines <br />appropriate for the convenience of the County. No adjustment shall be made under this clause for <br />any suspension, delay, or interruption to the extent that performance would have been so <br />suspended, delayed, or interrupted by any other cause, including the fault or negligence of the <br />Contractor. No request for adjustment under this clause shall be granted unless the claim, in an <br />City Council 9 — 13 3/7/2023 <br />
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