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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 />amount stated, is asserted in writing as soon as practicable after the termination ofthe suspension, <br />delay, or interruption, but not later than the date of final payment under the contract. <br />6.10 Stop Work Order <br />The Procurement Officer may, at any time, by written order to the Contractor, require the <br />Contractor to stop all, or any part, ofthe work called for by this contract for a period of 90 days <br />after the order is delivered to the Contractor, and for any further period to which the parties may <br />agree. The order shall be specifically identified as a stop work order issued under this clause. <br />Upon receipt of the order, the Contractor shall immediately comply with its terms and take all <br />reasonable steps to minimize the incurrence of costs allocable to the work covered by the order <br />during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to <br />the Contractor, or within any extension ofthat period to which the parties shall have agreed, the <br />Procurement Officer shall either- <br />6.10.1 Cancel the stop -work order; or <br />6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination <br />for Convenience ofthe County, clause ofthis contract. <br />6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule <br />and/or contract price, or otherwise, and the contract shall be modified, in writing, <br />accordingly, if the Contractor demonstrates that the stop work order resulted in an <br />increase in costs to the Contractor. <br />6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE: <br />Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) <br />calendar days advance notice to the Contractor. <br />6.12 TERMINATION FOR DEFAULT: <br />The County may, by written notice of default to the Contractor, terminate this contract in whole or <br />in part ifthe Contractor tails to: <br />6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or <br />any extension; <br />6.12.2 Make progress, so as to endanger performance ofthis contract; or <br />6.12.3 Perform any ofthe other provisions ofthis contract. <br />6.12.4 The County's right to terminate this contract under these subparagraph may be exercised <br />if the Contractor does not cure such failure within 10 days (or more if authorized in <br />writing by the County) after receipt of the notice from the Procurement Officer <br />specifying the failure. <br />6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: <br />Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without <br />penalty or further obligation within three years after execution of the contract, if any person <br />significantly involved in initiating, negotiating, securing, drafting or creating the contract on <br />behalf ofthe County is at any time while the Contract or any extension ofthe Contract is in effect, <br />an employee or agent of any other party to the Contract in any capacity or consultant to any other <br />party ofthe Contract with respect to the subject matter ofthe Contract. Additionally, pursuant to <br />A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person <br />significantly involved in initiating, negotiating, securing, drafting or creating the contract on <br />behalf ofthe County from any other party to the contract arising as the result ofthe Contract. <br />City Council 9 — 14 3/7/2023 <br />
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