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Reso 2011-1787
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Reso 2011-1787
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Last modified
8/19/2013 2:21:02 PM
Creation date
10/25/2011 1:59:13 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1787
Date (mm/dd/yyyy)
10/20/2011
Description
Authorizing purchase from Home Depot for PW
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<br />SERIAL 11019-RFP <br /> <br />6.11 STATUTORY RlGJIT OF CANCELLATION FOR CONFLICT OF INTEREST: <br /> <br />Notice is given that pursuant to A.R. S, 938-511 the Count)' may cancel this 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 of the County is at any time while the Contract or any extension of the Contract is in effect, <br />an employee or agent of any other party to the Contract in any capacity or consultiU1t to any other <br />party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to <br />A.R.S 938-511 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 of the County from any other party to tIle contract arising as the result of the Contract. <br /> <br />6,12 OFFSET FOR DAMAGES; <br /> <br />In addition to all other remedies at law or equity, the County may offset from any money due to <br />the Contractor any amounts Contractor owes to the County for damages resulting from breach or <br />deficiencies in performance under this contract. <br /> <br />6,13 ADDITIONS/DELETIONS OF SERVICE: <br /> <br />The County reserves the right to add and/or delete products and/or services provided under this <br />Contract. If a requirement is deleted, payment to the Contractor will be reduced propOltionate1y to <br />the amount of service reduced in accordance with the proposal price. If additional services and/or <br />products are required from this Contract, prices for such additions will be negotiated between the <br />Contractor and the County, <br /> <br />6.14 RELATIONSHIPS: <br /> <br />In the performance of the services described herein, the Contractor shall act solely as an <br />independent contractor, and nothing herein or implied herein shall at any time be construed as to <br />create the relationship of employer and employee, partnership, principal and agent, or joint venture <br />between the District and the Contractor. <br /> <br />6,15 SUBCONTRACTING: <br /> <br />The Contractor may not assign this Contract or subcontract to another party for performance of the <br />terms and conditions hereof without the written consent of the County, which shall not be <br />unreasonably withheld, All correspondence authorizing subcontracting must refercnce the <br />Proposal Serial Number and identify the job project. <br /> <br />6.16 AMENDMENTS: <br /> <br />All amendments to this Contract shall be in writing and 'approved/signed by both parties. Maricopa <br />County Materials Management shall be responsible for approving all amendments for Maricopa <br />County. <br /> <br />6.17 RETENTION OF RECORDS: <br /> <br />6.17.1 The Contractor agrees to retain all financial books, records, and other documents relevant <br />to this Contract for six (6) years after final payment or until after the resolution of any <br />audit qucstions which could be more than six (6) years, whichever is longer. The County, <br />Federal or State auditors and any other persons duly authorized by the Depm1ment shaH <br />have full access to, and the right to examine, copy and make use of, any and all said <br />materials. <br /> <br />6,17,2 If the Contractor's books, records and other documents relevant to this Contract are not <br />sufficient to support and document that requested services were provided, the Contractor <br />
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