180147- CONTRACT -ELLIOT D. POLLACK.PDF
Extracted text (via pymupdf_layout)
52943 characters
CONTRACT PURSUANT TO RFP SERIAL 180147-RFP This Contract is entered into this 13th day of December, 2018 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Elliot D. Pollack & Company Consulting LLC., an Arizona corporation (“Contractor”) for the purchase of Economic Forecasting Services. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of three and a half (3.5) years, beginning on the 1st day of January, 2018 and ending the 30th day of June, 2021. 1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of one (1) additional years, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 1.3 CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 2.0 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract expiration .Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract. 3.0 PAYMENTS: 3.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “A.” 3.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL 180147-RFP 3.3 INVOICES: 3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address and contact • County bill-to name and contact information • Contract Serial Number • County Delivery order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) • Contract Item number(s) • Description of Purchase (product or services) • Pricing per unit of purchase • Extended price • Arrival and completion time (if applicable) • Total Amount Due 3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Delivery Order. 3.3.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx). 3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.3.6 All claims for payment must be sent within six (6) months of the last service provided. (A.R.S. 11-622). 3.4 APPLICABLE TAXES: 3.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.4.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required SERIAL 180147-RFP under Federal, and/or State and local laws and regulations, and any other costs including; transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 3.5 TAX (SERVICES): No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price. 3.6 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. 3.7 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. 4.0 AVAILABILITY OF FUNDS: 4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds. 4.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance. 5.0 DUTIES: 5.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing by the Procurement Officer. 6.0 TERMS AND CONDITIONS: 6.1 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, SERIAL 180147-RFP damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. 6.2 INSURANCE: 6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 6.2.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. SERIAL 180147-RFP 6.2.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 6.2.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 6.2.10 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; 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. Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 6.2.11 Certificates of Insurance: 6.2.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 6.2.11.2 In the event any insurance policy(ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 6.2.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 6.2.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. SERIAL 180147-RFP Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to the Procurement Officer noted in the solicitation. 6.3 FORCE MAJEURE: 6.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 6.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 6.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 6.3.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non-performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion. 6.4 WARRANTY OF SERVICES: 6.4.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 6.4.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder. 6.5 ORDERING AUTHORITY: Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 6.6 REQUIREMENTS CONTRACT: 6.6.1 This Contract does not guarantee any minimum or maximum purchases will be made. If purchases are made for the materials or requirement contained in the Contract, they will be purchased from the Contractor awarded that line item. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. SERIAL 180147-RFP 6.6.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 6.7 PURCHASE ORDERS: County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 6.8 BACKGROUND CHECK: Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to (but is not limited to) the Contractor, sub-contractors and employees. 6.9 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 6.10 STOP WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either; 6.10.1 Cancel the stop-work order; or 6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 6.11 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. SERIAL 180147-RFP 6.12 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 6.12.2 Make progress, so as to endanger performance of this contract; or 6.12.3 Perform any of the other provisions of this contract. The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County from any other party to the Contract arising as the result of the Contract. 6.14 CONTRACTOR LICENSE REQUIREMENT: 6.14.1 Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 6.14.2 Contractor furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. Contractor is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. 6.15 SUBCONTRACTING: 6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the SERIAL 180147-RFP County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 6.16 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 6.17 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 6.18 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 6.19 SEVERABILITY: The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 6.20 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 6.21 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 6.22 ISRAEL BOYCOTT: By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq. 6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, it’s current officers and directors; 6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; SERIAL 180147-RFP 6.23.1.2 have not within 3-year period preceding this Contract; 6.23.1.3 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 6.23.1.4 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 6.23.1.5 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a 3-year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 6.23.1.6 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 6.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. SERIAL 180147-RFP 6.25 INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy, 6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 6.26 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 6.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 6.27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 6.27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 6.28 AUDIT DISALLOWANCES: If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 6.29 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the Contract. SERIAL 180147-RFP 6.30 CONFIDENTIAL INFORMATION: Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the contractor’s obligation regarding such information. The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 days of the written request to do so. Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 6.31 PUBLIC RECORDS: Under Arizona law, all Contracts are public records and must be retained by the Records Manager at the Office of Procurement Services. Contracts shall be open to public inspection and copying after Contract award and execution, except for such Contracts or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. 6.32 PRICES: Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. 6.33 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 6.34 RELATIONSHIPS: 6.34.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 6.34.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 6.35 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona SERIAL 180147-RFP 6.36 ORDER OF PRECEDENCE: In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail. 6.37 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 6.37.1 Exhibit A, Vendor Information and Pricing; 6.37.2 Exhibit B, Scope of Services; 6.37.3 Exhibit C, List of Deliverables NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services ATTN: Contract Administration 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: Elliott D. Pollack & Company Consulting LLC 7505 East Sixth Avenue, Suite 100 Scottsdale, Arizona 85251 SERIAL 180147-RFP IN WITNESS WHEREOF, this Contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE PRINTED NAME AND TITLE ADDRESS DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 180147-RFP EXHIBIT A VENDOR INFORMATION AND PRICING SERIAL 180147 NIGP CODE: Elliott D. Pollack & Company Consulting RESPONDENT'S NAME: LLC COUNTY VENDOR NUMBER : ADDRESS: 7505 East Sixth Avenue, Suite 100 Scottsdale, Arizona 85251 P.O. ADDRESS: TELEPHONE NUMBER: 480-423-9200 FACSIMILE NUMBER: 480-423-5942 WEB SITE: www.arizonaeconomy.com www.fiscalimpacts.com CONTACT (REPRESENTATIVE): Jill Welch REPRESENTATIVE'S E-MAIL ADDRESS: welch@edpco.com YES NO WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X] [ ] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ ] [X] WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD: [ ] [X] (Payment shall be made within 48 hours of utilizing the Purchasing Card) [ x ] 2% 10 DAYS NET 30 DAYS PRICING: Yearly retainer for deliverables in Exhibit B Section 2.1 Jan 1, 2018 to Jul 1, 2019 to Jul 1, 2020 to and Exhibit C Jun 30, 2019 Jun 30, 2020 Jun 30, 2021 $109,100 $76,900 $78,700 (18-month price) (12-month price) (12-month price) Hourly Rates for deliverables in Exhibit B Section Jan 1, 2018 to Jul 1, 2019 to Jul 1, 2020 to 2.2 and other outside deliverables proposer to detail: Jun 30, 2019 Jun 30, 2020 Jun 30, 2021 Elliott Pollack / Rick Merritt $210 $210 $210 Jill Welch / Daniel Court $175 $175 $175 Support Staff Inc. Leo Velazquez $125 $125 $125 SERIAL 180147-RFP EXHIBIT B SCOPE OF SERVICES 1.0 INTENT: The intent of this contract is to procure Econometric Forecasting and Analysis Services for the Maricopa County Budget Office. The scope of services of this contract includes: development and maintenance of advanced econometric forecasting models, databases of demographic and economic indicators, and fiscal impact analysis of legislation and other issues. Forecasts will be provided for County revenues, particularly major tax-based sources, as well as specific major expenditure items and factors that influence demand for County services and the cost of providing services. The Contractor will be expected to update and improve forecasting models in line with current econometric and industry trends. The Contractor shall be expected to represent Maricopa County regarding economic and legislative issues at various times and before various groups as required. The contract shall also include the Impact Analysis and Rating of Economic Development Proposals on an as needed basis for an hourly rate. 2.0 SCOPE OF SERVICES: The Contractor shall furnish all necessary labor; materials, equipment, and space needed to provide econometric services in accordance with the provisions specified herein. 2.1 Quarterly Forecasts: 2.1.1 The Contractor shall prepare a minimum of four quarterly updates of the financial forecast including, but not limited to, short and long-range revenue and expenditure forecasts. This includes updating the forecast for the year to date and annual amounts. Contractor shall provide historical data back to 1990, with the exception of the Jail Excise Tax, which only started in FY 1997. Contractor shall update on a quarterly basis on the accuracy of prior forecasts. 2.1.2 Forecasts shall include three scenarios: pessimistic, most likely, and optimistic; each scenario shall have a probability assigned to it which represents the likelihood that County collections will meet or exceed the forecasted amount. The pessimistic shall be based on a 90% level of confidence that revenues will equal or exceed forecast. The most likely scenario shall be based on a 50% probability of revenues meeting the forecast. 2.1.3 Forecasts shall be based on detailed econometric forecasting models for each major revenue source. The Contractor shall incorporate current econometric and industry trends to improve forecast models once they are developed. 2.1.4 Forecasts shall incorporate the impact of business cycles. 2.1.5 Forecasts shall include any changes to baseline revenues resulting from changes to legislation and statutes. 2.1.6 Forecast models shall incorporate the ability to model changes in statutes regarding revenue collection and distribution. 2.1.7 The Contractor shall provide and explain the assumptions and economic models applied in forecast development. SERIAL 180147-RFP 2.1.8 The Contractor shall obtain benchmarks and compare current forecasting methodologies to those of similar jurisdictions, i.e. Pima County, Arizona State, Tucson, etc. 2.1.9 The items to be forecasted on a regular basis are those listed in Exhibit C “List of Deliverables” This exhibit may be amended or adjusted based on the needs of the County, subject to agreement by the Contractor. 2.1.10 Economic and Demographic Indicators: The Contractor shall continually review, update, and analyze demographic and economic indicators, particularly those related to Maricopa County. 2.1.10.1 The Contractor will supply other demographic data and economic information that drives changes in County expenditures and revenues for use in County documents and to support County-planning efforts. 2.1.10.2 Basic data needs may vary throughout the year, and will be articulated through direct contact with Maricopa County. 2.1.10.3 The Contractor shall provide ready access to any database used in a format compatible with County information systems. 2.1.11 Legislative and Other Fiscal Impact Analysis: The Contractor shall analyze the fiscal impact of proposed legislation and other issues on an as-needed basis and in a timely manner. 2.1.11.1 The Contractor shall be expected to have staff available to analyze legislation in a timely manner during peak periods. The turnaround time for analysis should be no longer than 24 hours if possible. Contractor shall notify the County at any time they cannot meet this requirement due to available information. This notification shall be within the 24 hour timeframe and should include an initial high level analysis and include what and if the County should take a particular position. The analysis shall include how the legislation will impact the County and why the County should take a specific position on the legislation. The County’s peak demand for legislative fiscal impact analysis will occur when the Arizona Legislature is in session, particularly from January through April. 2.1.11.2 Written research reports shall be required as a result of fiscal impact analysis, which could include financial as well as service impacts that may result from the legislation. These shall be developed in conjunction with the County. 2.1.11.3 The Contractor shall be required to document and report all sources of data used to conduct fiscal impact analysis. 2.1.12 Presentations: The Contractor shall conduct presentations at various times throughout the year. 2.1.12.1 The Contractor shall be expected to make at least two presentations of the quarterly forecast to County management and/or the County Board of Supervisors and develop reports and present information garnered under this contract as needed. 2.1.12.2 The Contractor shall be expected to participate in a wrap up meeting as the close of the legislative session to collectively review the enacted legislation for inclusion in future forecasts. SERIAL 180147-RFP 2.1.12.3 Presentations shall be required for the management team, the County Board of Supervisors, the State Legislature and for other audiences on occasion. 2.1.13 Work Plans and Schedules: The Contractor shall submit regular work schedules and project plans to the Budget Office on a quarterly basis or more often if requested by the County. The Contractor shall submit revised schedules when circumstances require substantial changes from the previous quarterly plan, including work requested by the County on an as-needed basis. 2.1.14 Progress Reports: 2.1.14.1 The Contractor shall prepare and submit monthly progress reports to the Budget Office that indicate adherence to project plans and milestones reached. Monthly progress reports will also include an accounting of total hours worked by the Contractor and/or Contractor’s staff during the period. 2.1.14.2 The Contractor shall prepare and submit annual progress reports along with the quarterly forecast report for the fourth quarter of each fiscal year. The annual progress report shall compare actual data with the Contractor’s previous forecasts for each of the regularly forecasted items, and will explain significant variances. 2.2 Impact Analysis and Rating of Economic Development Proposals: 2.2.1 The Contractor shall provide timely analysis of the economic impact of economic development proposals on an as needed basis. 2.2.2 The Contractor shall be expected to have staff available to analyze economic development project proposals in a timely manner. 2.2.3 The Contractor shall be required to validate and document and report all sources of data used to conduct economic impact analyses. 2.2.4 The Contractor shall be available to present analyses and project ratings to Maricopa County as requested. 2.2.5 Contractor shall provide as needed technical support to the County as it relates to economic proposals, outreach, state and municipality coordination, and other related matters as they arise. 2.2.6 The analyses shall include economic and fiscal impact modeling for Maricopa County related to each identified eligible business recruitment or expansion opportunity that is presented to the County. The analysis shall include job creation, economic output and revenues projected. The analysis shall be conveyed in a memorandum format to the County along with any explanatory information that was used in the calculations. 2.3 CONTRACTOR’S AVAILABILITY: The Contractor shall be available on-site, when needed. The site location: Budget Office, 301 West Jefferson, 10th Floor, Phoenix, Arizona, or other similar location. 2.4 CONTRACTOR’S PERFORMANCE: The Contractor shall furnish all necessary labor, tools, equipment, supplies and space to perform the required services. The Budget Director or his/her agent will decide all questions that may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the Budget Director or his/her agent, performance becomes unsatisfactory, the County shall notify the Contractor. The Contractor shall have two (2) days from that time to correct any specific SERIAL 180147-RFP instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, the County shall have the immediate right to complete the work to its satisfaction and shall deduct the cost from any balances due, or to become due, to the Contractor. Repeated incidence of unsatisfactory performance may result in cancellation of the agreement for default. SERIAL 180147-RFP EXHIBIT C LIST OF DELIVERABLES Items that shall be included in Quarterly Forecast: 1. Maricopa County Revenues: 1.1 State Shared Transaction Privilege (Sales) Taxes 1.2 State Shared Vehicle License Taxes 1.3 State Shared Highway User Revenue Funds (HURF and HURF excluding DPS and ADOT Shift) 1.4 Primary Net Assessed Value (total and for properties taxed in the prior year) 1.5 Secondary Net Assessed Value (total, total for properties taxed in the prior year and value used for Flood Control District taxes and the value used for the Flood Control District taxed in the prior year) 1.6 Jail Excise Tax 2. Maricopa County Expenditures: 2.1 AHCCCS Acute Contribution 2.2 ALTCS Acute Contribution 3. Demographic Information: 3.1 Maricopa County Population (total population and the population in the unincorporated areas) 3.2 Arizona Population 3.3 U.S. Population 3.4 Maricopa County Population by Age 3.5 Maricopa County Population by Race 3.6 Maricopa County Population – Births, Deaths and Net Migration 4. Economic Information: 4.1 Maricopa County Unemployment Rate 4.2 Arizona Unemployment Rate 4.3 U.S. Unemployment Rate 4.4 Maricopa County Employment 4.5 Arizona Employment 4.6 U.S. Employment 4.7 Maricopa County Labor Force Data 4.8 Arizona Labor Force Data 4.9 U.S. Labor Force Data 4.10 Maricopa County Non-Farm Wage & Salary Employment – Percent Distribution 4.11 Employee Cost Index (Seasonally Adjusted and Not Seasonally Adjusted) 4.12 Arizona Non-Farm Wage & Salary Employment – Percent Distribution 4.13 U.S. Non-Farm Wage & Salary Employment – Percent Distribution 4.14 Maricopa County Personal Income and Per Capita Income 4.15 Maricopa County Retail Sales 4.16 Maricopa County Building Permits 4.17 Maricopa County Single Family Housing Units Authorized and Greater Phoenix Single Family Permits 4.18 Maricopa County Single Family Median Home Price 4.19 Maricopa County (Unincorporated) Single Family Housing Units Authorized 4.20 Arizona Single Family Housing Units Authorized 4.21 Maricopa County Multi-Family Market/Inventory & Vacancy Rates 4.22 Maricopa County Office Market/Inventory & Vacancy Rates 4.23 Maricopa County Commercial Building Permits 4.24 Maricopa County Major Employers 4.25 U.S. Consumer Price Index 4.26 U.S. Medical CPI 4.27 U.S. Real Gross Domestic Product 4.28 GDP Price Deflator