Contract for Work, Materials, and Equipment
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MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 2 4 1 1 W e s t 1 4 t h S t r e e t , T e m p e , A Z 8 5 2 8 1 - 6 9 4 2
CONTRACT FOR WORK, MATERIALS, AND EQUIPMENT
This Contract is between
The parties agree as follows:
1. Performance Dates. Contractor shall begin performing the Contract on
Contractor may not begin performing the Services until this Contract has been signed by both parties and Contractor has received a purchase order from MCCCD.
2. Materials, Equipment and Work Provided.
2.1. Contractor shall provide the specific Materials, Equipment and Work described on Attachment A to this Contract, which is incorporated into this Contract by reference. Alternatively, Contractor shall provide the specific Materials, Equipment and Work described below:
2.2. Contractor shall provide the Materials, Equipment and Work to the following location:
2.3. Contractor will complete the Work on the following schedule:
Start Date:
End Date:
2.4. Contractor certifies that it is licensed in the State of Arizona to perform the Work specified in the Contract.
3. Payments for Materials, Equipment and Work. MCCCD shall pay Contractor $0.00 for the Materials, Equipment and Work, as provided in Paragraph 4.
4. Method and Time of Payment. To be paid, Contractor must submit an itemized invoice referencing a valid purchase order number. The invoice must specify the Materials, Equipment and Work provided, which must match the description in Paragraph 2; the dates of and work performed during the billing period; and the specific dollar amount. Contractor shall be paid within 30 days after completion and acceptance of the Work described in Paragraph 2, submission of any lien waivers, and submission to MCCCD of all documentation and manufacturer’s warranties relating to the Materials and Equipment, if applicable.
5. Warranty. Contractor warrants to MCCCD that the Materials and Equipment furnished under this Contract will be of good quality and new, that the Work, Materials, and Equipment will be free from defects and that they will conform to the Contract. Final payment to Contractor or occupancy of the Work shall not constitute acceptance of Work that fails to conform to the Contract or industry standards, or relieve Contractor of liability under warranties or from responsibility for faulty materials and workmanship. This warranty is additional to any other warranties, including those from the manufacturer of the Materials or Equipment and those arising under applicable law.
6. Certification. Contractor certifies that it is an independent contractor; provides Services to other customers; maintains insurance; sets its own priorities on time and hours of work; provides its own supplies; and determines the means of delivering Services.
MC-CWME (05/31/17) PAGE 1 of 4 7. Compliance with Laws. Contractor shall, at all times during this Contract, comply with all applicable laws, regulations, rules and policies.
8. Property Rights. MCCCD shall, at all times, retain ownership in and the rights to any creative Works, designs, graphical representations or Works of similar nature to be delivered under this Contract. Contractor agrees that the Works are “works for hire” and assigns all of the Contractor’s right, title and interest to MCCCD.
9. Insurance. Contractor shall 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 MCCCD signs this Contract, Contractor shall furnish the MCCCD Risk Manager with certificates of insurance evidencing the coverages, conditions, and limits required by this Contract, at the following address:
MCCCD Risk Manager 2411 West 14th Street Tempe, AZ 85281-6942 Tel: 480-731-8879 / Fax: 480-731-8890
In the event any professional liability insurance required by this Contract 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 and must be evidenced by annual certificates of insurance. Contractor will notify the MCCCD Risk Manager by certified mail promptly if it receives notice or the expiration, cancellation, suspension, or material change in its insurance coverage, but in no case fewer than 30 days before the action specified in the notice. The Contractor’s insurance must be primary, and any insurance or self-insurance maintained by MCCCD will not contribute to it. The insurance policies, except Workers’ Compensation, shall be endorsed to name Maricopa Community Colleges, its agents, officers, officials, employees, and volunteers as additional insureds with the following language:
Maricopa County Community College District, its agents, officers, officials, employees, and volunteers are hereby named as additional insureds as their interest may appear.
The following policies are required:
9.1. Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence, $2,000,000 in the aggregate, for bodily injury, property damage, personal injury, products and completed operations, including but not limited to, the liability assumed under the indemnification provisions of this Contract.
9.2. Commercial Automobile 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; and
9.3. Workers’ Compensation insurance with limits statutorily required by any 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.
10. Indemnification. To the fullest extent permitted by law, Contractor shall 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 the acts, errors, mistakes, omissions, work or service of the Contractor, its agents, employees, or any tier of Contractor’s subcontractors in the performance of this Contract. The requirements in Paragraph 8 will not be construed as limiting the scope of this indemnification.
11. Cancellation. MCCCD may cancel this Contract under Arizona Revised Statutes §38-511 (Cancellation of political subdivision and state contracts; definition) for a violation of that statute.
12. Nondiscrimination. 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
MC-CWME (05/31/17) PAGE 2 of 4 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.
13. Notices. Notices to MCCCD under this Contract shall be made to: Purchasing Department, Maricopa Community Colleges, 2411 West 14th Street, Tempe, Arizona 85281-6942.
14. Assignment/Subcontract. Contractor shall not assign any right or delegate any duty under, or subcontract any part of, this Contract to any third party without the prior written approval of MCCCD.
15. Amendment. The parties may change this Contract only through a written amendment signed by MCCCD’s Assistant General Counsel.
16. Applicable Law/Remedies. This Contract shall be governed by the laws of the State of Arizona. The parties shall have all remedies available by law or in equity.
17. Termination.
17.1. MCCCD may terminate this Contract for convenience by giving Contractor 15 days written notice of termination.
17.2. A non-breaching party may terminate this Contract for the failure of the other party to comply with this Contract by giving that other party 10 days written notice of the failure to comply.
17.3. 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.
18. Funds Unavailable. MCCCD may cancel this Contract if, in future fiscal years, funds become unavailable for the support of the program for which the Services are provided
19. Interpretation. The parties intend this Contract to express their complete and final agreement.
20. Applicable Law/Remedies. This Contract will be governed by the laws of the State of Arizona. Nothing in this Contract waives MCCCD’s sovereign immunity under Arizona Revised Statutes §§12-821 et seq. 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. The parties will have all remedies available by law or in equity.
21. Authority. Contractor warrants that the person signing this Contract on its behalf is authorized to enter into this Contract.
22. Audit. MCCCD will have the right, at its expense and with advance reasonable written notice, to inspect the books and records of Contractor to verify its performance and expenses submitted under this Contract. Inspection will take place during normal business hours at Contractor’s place of business.
23. Records Retention. Contractor will retain all records related to this Contract in its possession for five (5) years after the expiration of the Contract.
24. Terms and Conditions. Contractor acknowledges that it has read the Contract completely, and will fully comply with all terms and conditions.
25. Certification. Contractor certifies that it is an independent contractor; provides Services to other customers; maintains insurance; sets its own priorities on time and hours of work; provides its own supplies; and determines the means of delivering Services.
26. Legal Worker Requirements. 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.
27. Disability Standards. If applicable to the work of the Contractor under this Contract, Contractor warrants that it complies with Arizona and federal disabilities laws and regulations. Contractor warrants that the products or services to be provided under this Contract comply with the accessibility requirements of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §12101 et seq.) and its implementing regulations set forth at Title 28, Code of Federal Regulations, Parts 35 and 36, Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794d) and its implementing regulations set forth at
MC-CWME (05/31/17) PAGE 3 of 4 Title 36, Code of Federal Regulations, Part 1194; and maintain, if applicable, Web Content Accessibility Standards 2.0 at Level AA. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor must provide, on request, accessibility testing results and written documentation verifying accessibility. Contractor further agrees to indemnify and hold harmless MCCCD from any claims arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements will constitute a material breach and be grounds for termination of this Contract.
28. Boycott of Israel. As required by Arizona Revised Statutes §35-393.01, Contractor certifies that it is not engaged in, and agrees for the duration of the Contract not to engage in, a boycott of Israel.
CONTRACTOR:
Signature: Tax ID No.: Name: Phone No.:
Title: Fax No.: Date: Address:
Contractor is a: Corporation LLC Partnership Sole Proprietorship (an individual)
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT:
Signature: Date:
Assistant General Counsel
TO BE COMPLETED BY CAMPUS/UNIT ONLY College: Department: Requisition No.: Contract Monitor Name: (Person Who Approves Invoices) Telephone: Fax: Person Completing this Form: Telephone: Fax: Funds Availability-College Fiscal Officer Initials: Purchasing Department Approval (if applicable):
In initiating, approving, initialing, or signing this contract, a MCCCD employee certifies that neither he/she nor his/her relatives, as defined in A.R.S.§38-501, have any substantial interest in this Contract under Arizona Revised Statutes §38-504. Date: 4/4/2018
MC-CWME (05/31/17) PAGE 4 of 4