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Agenda Packet_2023-03-07
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Agenda Packet_2023-03-07
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City Clerk
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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 />3.4 ACCEPTANCE: (Ifrequired): <br />Upon delivery and successful installation, the material(s) shall be deemed accepted and the <br />warranty period shall begin. All documentation shall be completed prior to final acceptance. <br />3.5 CONTRACTOR EMPLOYEE MANAGEMENT: <br />3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout <br />the implementation of the Solution. In the event that Contractor personnel's employment <br />status changes, Contractor shall provide County a list of proposed candidates with <br />equivalent experience with the Solution. County reserves the right to assist in the <br />selection of the replacement candidate. Under no circumstances is it acceptable for the <br />implementation schedule to be impacted by a personnel change on the part of the <br />Contractor. <br />3.5.2 Contractor shall not reassign any provided personnel without the express consent ofthe <br />County. <br />3.5.3 County reserves the right to immediately remove from its premises any Contractor <br />personnel it determines is a risk to County operations. <br />35.4 County reserves the right to request the replacement of Contractor personnel at any time, <br />for any reason. <br />3.6 TRAINING: <br />The Contractor shall provide a minimum of TBD (hours or days) to completely train County <br />personnel in the use and care of the equipment. All training is to take place on -site at Maricopa <br />County. <br />3.7 WARRANTY: <br />3.7.1 All items furnished under this Contract shall conform to the requirements of this <br />Contract. <br />3.7.2 The warranty period for workmanship shall be for an initial period of twelve (12) months <br />and commence upon prompt acceptance by County. <br />3.7.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and <br />any applicable limitations or conditions which may apply. <br />3.7.2.2 The Contractor agrees that he will, at his own expense, provide all labor and <br />parts required to remove, repair or replace, and reinstall any such defective <br />workmanship which becomes or is found to be defective during the term of <br />this warranty. <br />3.7.2.3 Notwithstanding the foregoing, with respect to materials provided hereunder, <br />Contractor is a reseller of goods only, and as such does not provide any warranty <br />for the goods it supplies hereunder. Notwithstanding this as -is limitation, <br />Contractor shall pass through to County any transferrable manufacturer's <br />standard warranties with respect to goods purchased hereunder. COUNTY AND <br />PERSONS CLAIMING THROUGH COUNTY SHALL SEEK RECOURSE <br />EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY <br />DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE <br />EXCLUSIVE RECOURSE OF COUNTY AND PERSONS CLAIMING <br />THROUGH COUNTY FOR DEFECTIVE GOODS, WHETHER THE CLAIM <br />OF COUNTY OR THE PERSON CLAIMING THROUGH COUNTY SHALL <br />SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO <br />STATUTE, OR FOR NEGLIGENCE. COUNTY SHALL PASS THESE <br />TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS. <br />City Council 9 — 27 3/7/2023 <br />
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