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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 />6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- <br />4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: <br />6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration <br />and Nationality Act (INA using e-verify) and all other federal immigration laws and <br />regulations related to the immigration status of its employees and A.R.S. §23-214(A). <br />The contractor shall obtain statements from its subcontractors certifying compliance and <br />shall furnish the statements to the Procurement Officer upon request. These warranties <br />shall remain in effect through the term of the Contract. The Contractor and its <br />subcontractors shall also maintain Employment Eligibility Verification forms (1-9) as <br />required by the Immigration Reform and Control Act of 1986, as amended from time to <br />time, for all employees performing work tinder the Contract and verify employee <br />compliance using the E-verify system and shall keep a record of the verification for the <br />duration ofthe employee's employment or at least three years, whichever is longer. I-9 <br />forms are available for download at USCIS.GOV. <br />6.24.2 The County retains the legal right to inspect contractor and subcontractor employee <br />documents performing work under this Contract to verify compliance with paragraph <br />6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of <br />the County's intent to inspect and shall make the documents available at the time and <br />date specified. Should the County suspect or find that the Contractor or any of its <br />subcontractors are not in compliance, the County will consider this a material breach of <br />the contract and may pursue any and all remedies allowed by law, including, but not <br />limited to: suspension of work, termination of the Contract for default, and suspension <br />and/or debarment of the Contractor. All costs necessary to verify compliance are the <br />responsibility ofthe Contractor. <br />6.25 INFLUENCE <br />As prescribed in MCI-1202 ofthe Maricopa County Procurement Code, any effort to influence an <br />employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct <br />may be grounds for Disbarment or Suspension under MCI-902. <br />An attempt to influence includes, but is not limited to: <br />6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, <br />entertainment or educational passes or tickets, or any type valuable contribution or <br />subsidy, <br />6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, gainer <br />favorable treatment, or gain favorable consideration ofany kind. <br />If a Person attempts to influence any employee or agent of Maricopa County, the Chief <br />Procurement Officer, or his designee, reserves the right to seek any remedy provided by the <br />Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided <br />by this contract. <br />6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO <br />INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. <br />6.26.1 The Parties agree that this Contract and employees working on this Contract will be <br />subject to the whistleblower rights and remedies in the pilot program on contractor <br />employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 ofthe <br />National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section <br />3.908 ofthe Federal Acquisition Regulation; <br />6.26.2 Contractor shall inform its employees in writing, in the predominant language of the <br />workforce, of employee whistleblower rights and protections under 41 U.S.C. ,¢ 4712, as <br />described in section 3.909 ofthe Federal Acquisition Regulation. Documentation of such <br />employee notification must be kept on file by Contractor and copies provided to County <br />City Council 9 — 17 3/7/2023 <br />
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