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CONTRACT PRE-EMPLOYMENT AND OTHER BACKGROUND INVESTIGATION SERVICES 250018-RFP This contract is entered into this 26th day of February 2025 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and AccuSourceHR, Inc., a California corporation (“Contractor”) for the purchase of background investigations and related services. 1.0 CONTRACT TERM This contract is for a term of 2 years, beginning on the 1st of April 2025 and ending the 31st day of March 2027. 2.0 OPTION TO RENEW The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of 4 additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for 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 the Contractor that are 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. 4.0 PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration, except for third party fees which are not subject to this requirement. 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 updated version of the contract. 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit A – Vendor Information and Pricing Sheet. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL 250018-RFP 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Quantity • Contract item number(s) • Arrival and completion time • Description of purchase (product or services) • Pricing per unit of purchase • Extended price • Freight (if applicable) • Mileage with rate (if applicable) • Total amount due 5.3.2 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 5.3.3 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 (https://www.maricopa.gov/5169/Vendor-Information). 5.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.5 EFT payments to the routing and account numbers designated by the Contractor shall 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. 5.4 APPLICABLE TAXES 5.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 5.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. SERIAL 250018-RFP 5.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their 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 under Federal and/or State and local laws and regulations, and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to municipality or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 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. 6.2 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 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 9.0 DUTIES 9.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. SERIAL 250018-RFP 9.2 Contractor shall conduct background investigations at the request of Maricopa County departments. Requesting departments will specify the type of investigation required. The contractor shall submit or compile a report based on the information obtained from the investigation and submit to departmental authorized parties. Types of investigations are indicted below in Section 9.6 9.3 Contractor is required to provide a secure, self-service, encrypted web portal or an alternative secure mechanism for County users to enter their information, receive required FCRA forms, authorize the background investigation, and/or receive required notices. The County anticipates no more than 10 concurrent users accessing the portal at the same time. 9.4 Contractor shall conduct pre-employment background investigations in compliance with all applicable federal and state statutes, such as the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 et seq.), The Fair and Accurate Credit Transactions Act (FACTA) (15 U.S.C. § 1601), the Americans with Disabilities Act (ADA), and the User Certification (Exhibit G). 9.4.1 Contractor shall, on the County’s behalf and at its direction, provide: 9.4.1.1 Required FCRA forms such as Disclosure, Summary of Rights, Pre- Adverse letters, and Adverse Action letters. 9.4.1.2 Forms as required by the FCRA for individuals who reside in states which have legal reporting requirements. 9.4.2 The contractor shall, on the County’s behalf and at its direction, be the point of contact with the individual being screened regarding the pre-employment background investigation, authorization, rights, any notices, follow-up, or research required to resolve any potential concerns resulting from a pre-employment background investigation. 9.4.3 The contractor shall, on the County’s behalf and at its direction, provide certain reports or documents to individuals as required by state law either in paper or electronically as determined by the MHR department. 9.5 MINIMUM QUALIFICATIONS 9.5.1 Contractor shall maintain the following minimum qualifications throughout the term of the contract: 9.5.1.1 Practices, processes, and procedures are in place to ensure compliance with Fair Credit Reporting Act (FCRA). 9.5.1.2 Ability to process approximately 2,900 pre-employment background investigations annually. 9.5.1.3 Ability to process background investigations for non-County employees, volunteers, contractors, and independent contractors as requested. 9.5.1.4 Capability of interfacing with the County’s applicant tracking system, while establishing and maintaining a secure mechanism to process applicant or employees as well as non-County employees, contractors, and vendors outside of the County’s applicant tracking system. SERIAL 250018-RFP 9.6 TYPES OF BACKGROUND INVESTIGATIONS 9.6.1 Pre-employment investigations include any communication with an employee’s or applicant’s current or former employer, references, or other individuals or entities listed in an application that concerns education, training, experience, qualifications and job performance of the employee or applicant and that is used for the purposes of evaluating the employee’s or applicant’s suitability for employment. All pre- employment background investigations shall include the following: 9.6.1.1 Employment verification 9.6.1.2 Social Security Validation 9.6.1.3 Criminal Federal Court Search 9.6.1.4 Criminal National Database 9.6.1.5 Criminal County Court Search 9.6.1.6 Criminal State Court Search 9.6.1.7 Sex Offender Registry 9.6.1.8 Sanctions Verification 9.6.2 A La Carte Investigations for Pre-employment: The County may require Pre- employment Background Investigations that may be limited to the specific requirements of the position held or to individuals who have access to County property which may require the use of a la carte services. The County may additionally require, on an investigation-by-investigation basis, investigations to include, but not be limited to, the results of any state or federal criminal history record check, and the results of any or all of the following: 9.6.2.1 Any state’s Motor Vehicle Records Report to include checking Commercial Driver’s License (CDL) (Commercial Driver’s License Information System (CDLIS) reports and National Driver Register (NDR) reports 9.6.2.2 Any academic credentials including post-secondary degree education verification 9.6.2.3 Professional licenses/certifications verification and/or sanction checks 9.6.2.4 Credit Report 9.6.2.5 Social Media Checks 9.7 PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS 9.7.1 The County requires pre-employment background investigations for the purposes of evaluating an individual’s suitability for employment. 9.7.2 Contractor shall conduct pre-employment background investigations at the request of Maricopa County’s Human Resources (MHR) department, or another department as designated by the MHR department. The contractor shall submit or compile a report based on the information obtained from the pre-employment background investigation and submit to MHR authorized parties. See Section 9.6 for types of pre-employment background investigations. SERIAL 250018-RFP 9.7.3 Information collected by the contractor from previous employers and other sources pursuant to the recruiting and selection process will be limited to job-related criteria. 9.7.4 Contractor shall report pre-employment background investigation results to the County’s MHR department. MHR will be responsible for approving hire actions based on the results of a pre-employment background investigation. 9.7.5 Contractor shall coordinate with MHR sources to ensure FCRA requirements are followed regarding notices when a pre-employment background investigation results in a decision not to hire or promote based on those results. 9.8 TURNAROUND TIME FOR PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS 9.8.1 Contractor shall complete pre-employment background investigations listed in section 9.6.1, to the satisfaction of the County, within three business days of an investigation being requested unless a longer period of time has been approved in writing by the County requestor. 9.8.2 If investigation is requested that includes required elements in section 9.6.1 and a la carte options in sections 9.6.2, contractor shall complete pre-employment background investigations, to the satisfaction of the County, within five business days of an investigation being requested unless a longer period of time has been approved in writing by the County requestor. 9.8.3 The contractor shall communicate with MHR regarding any delays for investigations lasting longer than these time frames listed in this section. 9.8.4 The contractor shall coordinate with MHR on delayed reported results that may indicate concerns or patterns of delayed reporting. 9.9 IMPLEMENTATION 9.9.1 Contractor shall ensure initial implementation includes the following elements: 9.9.1 Contractor shall assign to the County a dedicated implementation manager (can be the account manager) assigned to guide the implementation process through the go-live period, and who shall act as the County’s liaison for all activities associated with the implementation. 9.9.2 Contractor’s implementation shall include but not be limited to, project milestones; testing; training procedures; meeting schedule, and review timeline for the County. The implementation plan must be approved by the County before the project may commence. 9.9.3 The County will own and have access to any data collected by the system. 9.9.4 Contractor shall fix any issues or “bugs” that may be identified during implementation and retest the system after issues are fixed. Resolution of these issues shall be a prerequisite for the County’s approval. 9.9.2 Initial Testing and Acceptance 9.9.2.1 Contractor shall test the system before the County will start acceptance tests. 9.9.2.2 The County will notify the contractor in writing of the acceptance of the system when: SERIAL 250018-RFP 9.9.2.2.1 County determines the system functions as necessary per the scope of work. 9.9.2.2.2 Contractor has completed all training requirements. 9.9.2.2.3 Contractor has provided all documentation and other deliverables. 9.9.2.2.4 All other acceptance conditions defined in the contract documents have been met. 9.9.2.2.5 Initial Customer Support and Training 9.9.2.3 Contractor training shall be provided as needed by the County at no additional cost to the County. 9.9.2.4 Contractor shall provide administrator and user training. 9.9.2.5 Contractor shall provide an end-user manual and technical documentation. User’s manual shall include step-by-step instructions for all major system functions, to include accessing, browsing, and securing information. 9.9.2.6 Contractor shall provide online help that shall include the ability for County users to download end-user and technical documentation. 9.9.2.6.1 Contractor shall provide electronic copy user documentation for the system to include a Data Warehouse Guide and a Standard Report Training Manual. 9.10 FUNCTIONAL TECHNOLOGY REQUIREMENTS FOR PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS 9.10.1 The County is currently utilizing Workday, an electronic web-based applicant tracking system, and requires a contractor that can establish and maintain an Application Program Interface (API) for standard data feed(s) that allows integration between the County’s chosen applicant tracking system (currently Workday) to facilitate efficient and timely initiation of requests for investigations from the contractor. The County additionally requires pre-employment background investigations for individuals who are not tracked in the applicant tracking system. The contractor must maintain a dual process, at no additional cost. The following requirements are detailed: 9.10.1.1 A listing of detailed system functionality requirements can be found in Exhibit E – Functional System Requirements. 9.10.1.2 A listing of security system requirements can be reviewed in Exhibit F – Security System Questionnaire. 9.10.1.3 Information Technology Supplemental Terms and Conditions can be found in Exhibit D – IT Supplemental Terms and Conditions 9.11 TRAINING The contractor shall develop and provide end user training materials and administer the training to approximately 50-75 County end users. SERIAL 250018-RFP 10 TERMS AND CONDITIONS 10.10 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, 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 of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable relating to the performance of this contract. 10.10.1 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, 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 therefrom, 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, anyone 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. 10.10.2 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 section. 10.10.3 The scope of this indemnification does not extend to the sole negligence of County. 10.11 INSURANCE 10.11.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category 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. 10.11.2 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. 10.11.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 10.11.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.11.5 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. SERIAL 250018-RFP 10.11.6 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. 10.11.7 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. 10.11.8 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. 10.11.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 10.11.9.1 Commercial General Liability Commercial General Liability (CGL) 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. 10.11.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 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. 10.11.9.3 Workers’ Compensation 10.11.9.3.1 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. SERIAL 250018-RFP 10.11.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this 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 subcontractors, and its sub-subcontractors pursuant to this contract. 10.11.9.4 Errors and Omissions/Professional Liability Insurance Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising out of the work or services performed by the contractor under the terms of this contract, with a limit of not less than $2,000,000 for each claim, and $4,000,000 aggregate claims. 10.11.10 Certificates of Insurance 10.11.10.1 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. 10.11.10.2 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. 10.11.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 10.11.10.4 Certificates of Insurance shall identify Maricopa County as the certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 10.11.11 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 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two 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. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. SERIAL 250018-RFP 10.12 FORCE MAJEURE 10.12.1 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 include, but are not limited to, 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, and interruption or failure of electricity or telecommunication service, and pandemic. 10.12.2 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. 10.12.3 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. 10.13 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.14 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. 10.15 INTERNET ORDERING CAPABILITY It is the intent of Maricopa County to use the Internet to communicate and to place orders under this contract. 10.16 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 10.17 PURCHASE ORDERS 10.17.1 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, or for shipment of product prior to issuance of purchase order. SERIAL 250018-RFP 10.17.2 Contractor agrees 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. 10.18 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g. 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 company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. 10.19 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. 10.20 STOP WORK ORDER 10.20.1 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 calendar 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 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 10.20.1.1 cancel the stop work order; or 10.20.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 10.20.1.3 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, 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 10.21 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 10.22 TERMINATION FOR DEFAULT 10.22.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: SERIAL 250018-RFP 10.22.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 10.22.1.2 make progress, so as to endanger performance of this contract; or 10.22.1.3 perform any of the other provisions of this contract. 10.22.2 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 a Notice to Cure from the procurement officer specifying the failure. 10.22.3 The Contractor may, by written Notice of Default to the County, terminate this contract in whole or in part if the County fails to perform any of the provisions of this contract. The Contractor’s right to terminate the contract under this subparagraph may be exercised if the County does not cure such failure within 10 business days (or more if authorized in writing by the Contractor) after receipt of a Notice to Cure from the Contractor specifying the failure. 10.23 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 10.24 CONTRACTOR EMPLOYEE MANAGEMENT 10.24.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.24.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.24.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 10.24.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 10.24.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.24.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 10.25 TRAINING 10.25.1 The contractor shall develop and provide end user training materials and administer the training to approximately 50-75 County end users. 10.26 WARRANTY OF SERVICES 10.26.1 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. SERIAL 250018-RFP 10.26.2 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. 10.27 INSPECTION OF SERVICES 10.27.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 10.27.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 10.27.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 10.27.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 10.27.3.2 reduce the contract price to reflect the reduced value of the services performed. 10.27.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 10.27.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 10.27.4.2 terminate the contract for default. 10.28 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 10.29 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, SERIAL 250018-RFP 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. 10.30 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. 10.31 SUBCONTRACTING 10.31.1 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 or project. 10.31.2 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. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 10.32 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. 10.33 ADDITIONS/DELETIONS OF REQUIREMENTS 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. 10.34 RIGHTS IN DATA 10.34.1 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. 10.34.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 10.35 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 10.35.1 In accordance with Section MC1-372 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 years after final payment or until after the resolution of any audit questions, which could be more than six years, whichever is longest. The County, Federal or State auditors and any other SERIAL 250018-RFP 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. 10.35.2 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. 10.36 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. 10.37 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 10.38 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. 10.39 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. 10.40 RELATIONSHIPS 10.40.1 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. 10.40.2 The County reserves the right of final approval on proposed staff. 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 a different time period was previously approved by the County. 10.41 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 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, SERIAL 250018-RFP creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf) 10.42 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 10.43 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 10.43.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 10.43.1.1 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; 10.43.1.2 have not within a three-year period preceding this contract: 10.43.1.2.1 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; or 10.43.1.2.2 been convicted of violation of any Federal or State antitrust statutes 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; 10.43.1.3 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; 10.43.1.4 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 10.43.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 10.43.2 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. 10.43.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors or sub- subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub- subcontractor, the Contractor shall include the information required by this clause with their bid. SERIAL 250018-RFP 10.44 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 10.44.1 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 www.uscis.gov. 10.44.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 10.44.1 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. 10.45 CONTRACTOR LICENSE REQUIREMENT 10.45.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and 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 the Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 10.46 INFLUENCE 10.46.1 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. 10.46.2 An attempt to influence includes, but is not limited to: 10.46.2.1 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 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. SERIAL 250018-RFP 10.46.3 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. 10.47 CONFIDENTIAL INFORMATION 10.47.1 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. 10.47.2 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 business days of the written request to do so. 10.47.3 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. 10.48 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 10.49 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, expressed, or implied. 10.50 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. SERIAL 250018-RFP 10.51 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, Phoenix, Arizona. 10.52 FORCED LABOR 10.52.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions. 10.52.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use: 10.43.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 10.43.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10.43.2.3 Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10.52.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180 day period, the agreement terminates on the agreement termination date. 10.53 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer of similar industry (e.g., government/public agency) ordering similar volumes for these or similar services. 10.54 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. 10.55 UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION All contractors that receive funding must have a UEI number through https://sam.gov/content/entity-registration. Contractor must also remain current with the System for Award Management www.sam.gov throughout the term of the contract. 10.56 CONTRACT DISPUTES All Contract disputes will be handled in accordance with the Maricopa County Procurement Code, MCI-906 SERIAL 250018-RFP 10.57 INCORPORATION OF DOCUMENTS 10.57.1 The following are to be attached to and made part of this Contract: 10.54.1.1 Exhibit A - Vendor Information and Pricing 10.54.1.2 Exhibit B - Scope of Work 10.54.1.3 Exhibit C - Service Level Agreement (SLA) 10.54.1.4 Exhibit D - IT Supplemental Terms and Conditions 10.54.1.5 Exhibit E - Functional Requirements Response 10.54.1.6 Exhibit F - Security System Questionnaire and Response 10.54.1.7 Exhibit G – User Certification 10.58 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 301 W. Jefferson St. Suite 700 Phoenix, Arizona 85003-1647 For Contractor: AccuSourceHR, Inc. 11811 N. Tatum Blvd., Suite 3090 Phoenix, Az 85028 10.59 INQUIRIES 10.59.1 Administrative telephone/email inquiries shall be addressed to: ABBY WEEDA, JR. PROCUREMENT OFFICER TELEPHONE: (602) 506-8711 Abigail.weeda@maricopa.gov 10.59.2 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL 250018-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 EXHIBIT A: VENDOR INFORMATION AND PRICING COMPANY NAME: AccuSourceHR, Inc. DOING BUSINESS AS (dba): AccuSourceHR, Inc. MAILING ADDRESS: 11811 N. Tatum Blvd., Suite 3090 REMIT TO ADDRESS: 11811 N. Tatum Blvd., Suite 3090 TELEPHONE NUMBER: 8886496272 FAX NUMBER: 888-649-6244 WWW ADDRESS: www.accusourcehr.com REPRESENTATIVE NAME: Lauren Kadlec REPRESENTATIVE TELEPHONE NUMBER: 8886496272 REPRESENTATIVE EMAIL ADDRESS rfpteam@accusourcehr.com UNIQUE ENTITY ID (UEI) FROM SAM.GOV NLGLC2YJ4KZ3 YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS PRICING 1.0 INITIAL IMPLEMENTATION & ONE TIME SERVICE INITIATION FEES (e.g., one time licensing fees, etc.). Fee ($) N/A N/A TOTAL INITIATION FEES $0.00 2.0 Rates for services Amount per Search ($) 2.5.1.1 Employment Verification $7.00 2.5.1.2 Social Security Validation $1.80 2.5.1.3 Criminal Federal Court Search $4.64 2.5.1.4 Criminal National Database $2.78 2.5.1.5 Criminal County Court Search $5.15 2.5.1.6 Criminal State Court Search $3.61 2.5.1.7 Sex Offender Registry $2.58 2.5.1.8 Sanctions Verification $2.58 3.0 Rates for a la carte services Amount per Search ($) 2.5.2.1 Any state's Motor Vehicle Records Report $2.06 2.5.2.2 Any academic credentials including post-secondary degree education verification $7.42 2.5.2.3 Professional licenses/certifications verification and/or sanction checks $7.67 2.5.2.4 Credit Report $12.80 2.5.2.5 Social Media Checks $25.75 SERIAL 250018-RFP EXHIBIT B: SCOPE OF WORK DESCRIPTION/BRIEF HISTORY AccuSourceHR™ Workforce Solutions is a full-service employment screening organization headquartered in Phoenix, Arizona. As a 20-year plus award-winning industry veteran, we are 100% dedicated to customer satisfaction in every department and level of our organization. We do not offshore staff, choosing instead to employ US-based team members in strategic locations across the nation. We believe nurturing a top-tier workforce begins with reinforcing a diverse, supportive, quality-based corporate culture. Our passion is delivering on the promise of best-in-class experiences for both clients and their applicants. We understand each client's business reputation, in addition to their investment in the recruitment process, is at stake with every employment screen. No two businesses are alike, even within the same industry. AccuSourceHR™ employs a consultative approach to client development to understand unique goals and objectives. Our Account team proactively engages in consistent program reviews to collaborate with stakeholders in optimizing key performance metrics including file turnaround times (TATs), employment and education unable to verify rates (UTVs), drug testing positivity rates and client-specified objectives. Our commitment to quality extends to measuring ongoing client satisfaction through internal and independent end-user surveys. As a PBSA-accredited provider, AccuSourceHR™ is focused on mitigating legal risk. Our FCRA-certified quality assurance team reviews every screening file for compliance with local, state, and federal regulations. Jurisdiction-specific, electronic consumer consent and authorization is supported on our TazWorks platform and QuickApp applicant portal. Clients stay abreast of changes in legislation and evolving trends through timely blog posts, educational webinars, videos, and news alerts supported by our attorney-led compliance department. AccuSourceHR™ supports ATS and HCMS platform integrations with our common service RESTful API, affording single sign-on, minimization of redundant data entry and easy assimilation of screening into client- defined onboarding processes. Our web based, mobile-friendly platform, TazWorks, affords an easy to navigate interface. The automation and technology needs of our clients are ever-evolving, and our Innovations and executive leadership teams are laser-focused on identifying new opportunities to create increased value for clients. OVERVIEW AccuSourceHR™ Workforce Solutions is staffed by highly trained, United States-based full-time employees. We do not offshore client data, opting instead for a superior centralized approach and dedicated account management team to ensure responsiveness and accountability. AccuSourceHR™ services are accessed through our web-based platform. TazWorks integrates with major Human Capital Management Systems including ABD, Aqore, AvatarFleet, Avionte, BlueSky, Bullhorn, CEIPAL, ClearCompany, ClearConnect, Crelate, DriverReach, Essium, Greenhouse, Harri, iCIMS, Jazz HR, JobVite, Labor Edge, Lever, NeoGov, Oorwin, Openforce, Oracle Cloud, PageUp, Paycor, Paylocity, PeopleAdmin, SAP SuccessFactors, Sense, SmartRecruiters, Symplr, Taleo Enterprise, TargetRecuit, TEDS, Tempworks, Tenstreet, UKG and WorkBright through our common services RESTful API. CAPABILITIES AccuSourceHR™ processes more than 3.3 million service requests annually for 5,700+ client organizations with 58,000+ active system users, based both domestically and abroad. Our secure web-based platform supports unlimited volume, affording seamless onboarding of even the largest and most complex client accounts. We support numerous industries including education, healthcare, government, staffing, telecommunications, manufacturing, retail, technology, gaming, finance, non-profit, transportation and more. AccuSourceHR™ customizes each client's screening program to fit their specific industry and organization requirements. SERIAL 250018-RFP CUSTOMER SUPPORT AVAILABLE As our valued client, Maricopa County will have the support of our dedicated customer service network. AccuSourceHR™ Workforce Solutions' hours of operation are Monday through Friday from 7:00 am to 7:00 pm CST (Sam - 5 pm PST, 6 am - 6 pm MST, 8 am - 8 pm EST). Key account personnel are consistently available during normal business hours. If an urgent issue/matter occurs outside of normal business hours, some personnel may be available for assistance. AccuSourceHR™ also supports a chat feature on our website capable of answering many common questions 24/7 365 days a year. Additionally, Maricopa County would be afforded a National Account Manager to assist with strategic account management. METHOD OF DELIVERY/ACCUSOURCEHR'S WEB-BASED SYSTEM All background screening reports are delivered electronically to requestors through our web based TazWorks platform; or, in the case of an integration, through your organization's integrated platform. Once a file is closed, a background screening report is generated, and requestors and/or other designated personnel receive a notification email with a direct link to the file. Personnel receiving notifications may access, save, print, or email reports at their convenience by simply logging into the system. TazWorks is an easy-to-use system designed to meet a wide variety of client requirements. The intuitive online system supports functions to accommodate complex needs of many large organizations, yet it is easily scaled to meet the streamlined requirements of smaller companies. Some of the most impressive features of our extremely configurable and customizable system include: • Duplicate order checking • Controlled permissions based upon user rights • Automatic email alerts upon report completion • Customization of order entry fields • Ability to support alpha/numeric reference fields for billing allocation • Applicant entry of personal details via the QuickApp Applicant Portal CUSTOMER SERVICE RESPONSE TIME On average, clients can expect to receive a response following a service request from one of our Customer Success Representatives in less than one hour during standard business hours. TURNAROUND TIME SERIAL 250018-RFP VALUE-ADDED SERVICES Value-Added Services Value Price Customer Success - Dedicated account manager with backup support 7:00 am - 7:00 pm CST. Telephone and email support. Value-based on complexity Included AccuSourceHR™ Proprietary Verification Process - Daily verification attempt on different days and time. Completion rate 98%. Value-based on complexity Included Account Implementation - Customized account implementation. $150-$1,200 Included Best Practices • Review of current screening program with best practices recommendations. • Adjudication matrix consultation and assistance. • Legal updates and development affecting the screening industry. $500 Included Training - Web-based system training for new users. $500-$750 Included TazWorks • Secure 24/7 online account management, report ordering, and retrieval. • Unlimited system users, controlled permissions based upon user rights, and customized packages. • Online compliance report tools. • Single-click pre-adverse/adverse action letters. • Duplicate order checking. • Automatic e-mail alerts upon report completion. • Customizable order entry required fields to ensure required data capturing for specific situations. $300 Included QuickApp - With this tool, recruiters can minimize their workload by transferring all the data entry transactions to the applications. QuickApp helps you avoid order- entry errors and liabilities by having the applicant complete all the data entry necessary for the requested background checks services as well as all the required consent forms. $5 per report Included Quality Control & Compliance - Review every report by our Q/C team for accuracy and compliance per FCRA and other federal, state, and local requirements. $10 per report Included User-friendly Management Reports - You can access a variety of self-service reports in real-time that allows you to keep track of the various aspects of your screening program such as turnaround time, previous orders, costs, invoices, etc. Value-based on complexity Included E-Signature Feature - This feature saves you time and reduces the recruiter's workload substantially when it comes to processing and storing the paper release forms. Value-based on complexity Included Integrated Drug and Background Screening Reports - All drug screening results are integrated with our easy-to-read background screening reports. You can review the results of the drug test and background check simultaneously in one location. Value-based on complexity Included DESCRIPTION OF SERVICES AND OPTIONS 1. Social Security Number (SSN) Trace, verification, and validation • Service: A search of credit headers and other database sources to provide a history of the applicant's names and addresses as they originate from credit headers. This also validates the number's authenticity, as well as year and place of issuance. It is used as a criterion in checking criminal history. • Source: credit headers, bureaus, and other database sources • Information Verified: Search may provide last known addresses and aliases, possible date of birth, year, and state of Social Security number issuance, covering a seven-year period. • Benefit: Address history, uncovered through this trace, can be used to identify counties of history to perform County Criminal Records (onsite) Searches for all counties of history. SERIAL 250018-RFP 2. Multi-State/National Criminal Database Search • Service: A search for criminal information and state department of corrections records within a database file of over 500 million records. • Information Source: Database • Scope of Records Searched: Seven-year records searches are common for competitors, but at AccuSourceHR™, we report records as far back as state guidelines permit and/or are available from the courts. This search reveals felony (crimes punishable by one (1) year or more incarceration) and misdemeanor convictions (crimes punishable by less than one (1) year incarceration). Completed reports may include case numbers, offense and disposition dates, charge, and type of charge, disposition, and sentence. • Methodology: This search is done through multi-state databases maintained by many different sources. Information will vary. • Verification of Data per FCRA Compliance: All database hits must be verified at the actual court of jurisdiction. Applicable court access fees are not included in AccuSourceHR™ pricing and will be passed through without markup. 3. Integrated National Criminal Database Search • Service: A search for criminal information and state department of corrections records, as well as National Wants & Warrants, Nationwide Sex Offender, OFAC, and limited global homeland security searches within a database file of over 500 million records. • Information Source: Database • Scope of Records Searched: The National Criminal Database file contains over 5-500 million records from multiple states. Additionally, AccuSourceHR™ has integrated this information with the Nationwide Sex Offender, OFAC, and the National Wants & Warrants available information. • Methodology: This search is done through multi-state databases maintained by many different sources. Information will vary. • Verification of Data per FCRA Compliance: All database hits must be verified at the actual court of jurisdiction. Applicable court access fees are not included in AccuSourceHR™ pricing and will be passed through without markup. 4. County Criminal Records Search • Service: County Criminal Records require a search for criminal convictions at the appropriate County courts. Records are available in each county throughout the United States. • Information Source: County courts • Scope of Records Searched: AccuSourceHR™ performs seven and 10-year record searches for misdemeanor convictions. Felony convictions are reported as far back as state guidelines permit and/or are available from the courts and are legal to report. This search reveals felony (crimes punishable by one (1) year or more incarceration) and misdemeanor convictions (crimes punishable by less than one (1) year incarceration). Completed reports may include case numbers, offense and disposition dates, charge, and type of charge, disposition, and sentence. In addition to convictions, open cases (as state guidelines permit), as well as active warrants, will be reported (unless client-specific reporting rules require reporting of convictions only). • Methodology: Courts are searched directly at the source in person, via court Internet websites, or direct connection into the court index. • Access Fees: Twenty-five percent of courts nationwide have a fee to access court records. These fees are not included in AccuSourceHR™ pricing and will be passed through without markup. 5. Statewide Repository Criminal Records Search • Service: A search for criminal records at the state repository or direct court level. Records are available in most states throughout the United States. • Information Source: State repository or direct court level • Scope of Records Searched: Standard searches throughout the background screening industry cover a seven-year period. However, AccuSourceHR™ reports records from as far back as state guidelines permit and/or are available from the repository. • Methodology: Records obtained directly from available state repositories or direct court level. SERIAL 250018-RFP • Access Fees: Each state has a separate fee to access records. These fees are not included in AccuSourceHR™ pricing and will be passed through without markup. 6. Sexual Offender Search • Service: A search for sexual offenders. • Information Source: Nationwide/State registry • Scope of Records Searched: Information provided varies by state, it can include: type of offenses, known aliases, date of birth, addresses, and whether registrants are in violation of registration requirements. • Methodology: Government registries are searched by name and are available nationally, statewide or local levels. 7. Education Verification • Service: Verifies a person's educational history which can help eliminate falsified or overstated credentials. • Information Source: Direct contact with the institution's Office of the Registrar or through online/automated verification systems. • Information Verified: Information can include the type of degree, attendance, date of graduation, major studies, GPA, and degree earned. • Methodology: The processor generally makes 3 attempts* to obtain the verification. Depending on client preferences, if the institution is nonresponsive or our processor is unable to obtain accurate contact information, the processor will contact the client (or applicant with client approval) to obtain additional information or instructions on how to proceed with the verification. * An attempt constitutes any time the CRA tries to contact an institution via telephone, fax, electronic mail, or mail to complete an employment or education verification. • Third-Party Verifiers: Higher education institutions may outsource verification information to third-party verifiers. Any applicable third-party fees are not included in AccuSourceHR™ pricing and will be passed through without markup. 8. Employment Verification • Service: Verifies a person's past and/or present work experience (including military verification) which can let employers know if the applicant is being honest about the length of employment. • Information Source: Direct contact with the employer's Human Resources Department or through online/automated verification systems. • Information Verified: Information can include dates of employment, position, salary (this question is currently being reviewed by state/city legislation across the US), the reason for leaving, eligibility for rehire, disciplinary action taken, dependability, and general work duties. • Methodology: The processor generally makes 3 attempts* to obtain the verification. Depending on client preferences, if the employer is nonresponsive or our processor is unable to obtain accurate contact information, the processor will reach out to the client (or applicant with client approval) to obtain additional information or instructions on how to proceed with the verification. * An attempt constitutes any time the CRA tries to contact an institution via telephone, fax, electronic mail, or mail to complete an employment or education verification. • Third-Party Verifiers: Employers may outsource verifications information to third-party verifiers. Any applicable third party fees are not included in AccuSourceHR™ pricing and will be passed through without markup. 9. License/Certification Verification • Service: Verifies status of professional license or certification and is a necessary search for those hiring doctors, nurses, security guards, insurance agents, and many other licenses required professions. • Information Source: Issuing Institution/Organization • Information Verified: Information can include type, status, expiration, and limitations. • Methodology: Verifications Specialist searches appropriate institutions/organizations. 10. Federal Criminal Records Search • Service: A search for criminal convictions at the appropriate federal district court. • Information Source: Federal court jurisdictions SERIAL 250018-RFP • Scope of Records Searched: Search will return information concerning federal crimes such as mail fraud, aircraft hijacking, child pornography, computer crimes, identity theft, credit card fraud, bank robbery, and hate crimes. • Methodology: Access to federal courts 11. Motor Vehicle Search • Service: A search of the applicant's motor vehicle/driving record. • Information Source: Appropriate state BMV/DMV record • Information Verified: Information includes license type, license issue date, license expiration date, violations, disciplinary actions, convictions, revocations, suspensions, accidents, status, and restrictions. • Methodology: Direct access to appropriate records 12. Reference Verification • Service: A search conducted with personal or professional references provided by the applicant. • Information Source: Applicant provided names and contact information • Information Verified: Information can include items such as the applicant's ability to work with team members, manage time appropriately, meet stated deadlines, etc. • Methodology: Verifications Specialist contact the provided reference, generally by phone, and conducts an interview of established/approved questions. 13. Credit Report • Service: A search of the credit bureau files to provide a profile of the applicant's financial history. This search should be reserved for positions with access to cash or other negotiable instruments or requiring financial or executive decision making due to restrictions in several jurisdictions limiting use in employment. • Information Source: TransUnion • Information Verified: Search may provide details related to the applicant's pay history, judgments, outstanding debt, and other various financial data 14. Global Watchlist Search • Service: A search of a database compiled from lists provided by the U.S. and various international governmental agencies of individuals who may be involved in terrorist activities, money laundering, illegal imports, fraud against government agencies, violations of federal banking regulations, and fugitives from justice. • Source: Over 200 databases and watchlists worldwide • Scope of Records Search: Records obtained may include presence on a government watch lists, domestic and international fugitive lists, designation of person convicted of financial crimes or money laundering, persons debarred from working with federal or state-funded healthcare services, and more. 15. Military Records • Service: Verifies status of active and reserve military personnel. • Source: U.S. Department of Defense and/or appropriate duty station • Scope of Records Searched: Records obtained may include dates of service, rank, and commendations. 16. Commercial Driver's License Information System (CDLIS) • Service: Allows hiring managers to comply with FMCSA requirements by searching within the Commercial Driver's License Information System for any prior licenses, current CDL, and up to three prior licenses held by the applicant. • Source: Commercial Driver's License Information System • Scope of Records Searched: Commercial driver's license history as documented in CDLIS records. 17. DOT Drug and Alcohol HistoryVerification • Service: Verifies Department of Transportation (DOT) regulated drug and alcohol testing records. SERIAL 250018-RFP • Source: Applicant's applicable previous/present employers • Scope of Records Searched: Includes the request of (DOT) regulated drug and alcohol testing records including pre employment, random, post-accident, and reasonable suspicion testing results, removal from safety-sensitive duties due to positive test results and return to duty details. 18. DOT Safety Verification • Service: Verifies Department of Transportation (DOT) regulated driver safety records. • Source: All applicants' applicable previous/present employers • Scope of Records Searched: Includes the request of (DOT) regulated driver safety records 19. DOT PSP Crash and Inspection Record • Service: The Pre-Employment Screening Program (PSP) is a service that allows account holders and individual drivers to purchase driving records from the Federal Motor Carrier Safety Administration's (FMCSA) Motor Carrier Management Information System (MCMIS). The program allows motor carriers to make more informed hiring decisions by providing electronic access to a driver's crash and inspection history. • Source: Management Information System (MCMIS) • Scope of Records Searched: Includes the request of (DOT) PSP Crash and Inspection records 20. Social Media Search • Service: A social media search involves utilizing a combination of technology and human expert analytics to correctly identify a applicant's online presence on any publicly available user-generated accounts and profiles. Once a applicant's profile is identified, the content is reviewed and flagged for any workplace safety issues - racism/intolerance, violence, potentially illegal activity, or sexually explicit material. The scope of the Pro Social Media Report covers a seven-year period. Federal or state-protected class information is redacted. The report provides insight into a applicant's online behavior and is often used to evaluate if a applicant is a fit for a company's basic code of conduct, values, or social media policy and limits the risk of a negligent hire. • Source: Social media sites, blog sites, and other public internet websites • Information Verified: Includes search of social media sites, blog sites, and other public internet websites to identify risky behavior. Information specific to a applicant's overall character may also be revealed. 21. International Criminal Court or Police Records • Service: A search for criminal convictions at the appropriate local or national level. Records are available in countries and territories where data is available and can be legally obtained. • Source: Varies by country. Includes direct court search utilizing in-country researchers where available and legally compliant. • Scope of Records Searched: AccuSourceHR™ provides records of major and minor convictions as available in each jurisdiction searched. Please note: Judicial standards and availability of records in each country vary based upon each country's laws and customs. Scope and type of records available may vary. AccuSourceHR™ reports all available information obtained from each record search as provided by the source (direct court records, police records, and results from national record repositories and record databases). Completed reports may include: case numbers, offense and disposition dates, charge, and type of charge, disposition and sentence. In additional to convictions, open cases (as state guidelines permit) as well as active warrants will be reported (unless client-specific reporting rules require reporting of convictions only). 22. International Education Verifications • Service: Verifies a person's educational history which can help eliminate falsified or overstated credentials. • Source: Institution's Registrar or through online/automated verification system • Information Verified: Information can include type of degree, attendance, date of graduation, major studies, GPA, and degree earned. SERIAL 250018-RFP 23. International Employment Verifications • Service: Verifies a person's past and/or present work experience which can let employers know if applicant is being honest about length of employment. • Source: Human Resources Department or online/automated verification systems • Information Verified: Information can include dates of employment, position, salary (if available, compliant, and specifically requested by client), reason for leaving, eligibility for rehire, disciplinary action taken, dependability, and general work duties. 24. International Reference Checks • Service: References provided by the applicant are interviewed using standard and/or customized forms to suit the needs of each client. • Source: Applicant-provided reference contacted via email, phone, etc. • Information Verified: Information can include items such as the applicant's ability to work with team members, manage time appropriately, meet stated deadlines, etc. • Methodology: Verification Specialist contact the provided reference, generally by phone, and conducts an interview of established/approved questions. 25. CrimSource™ Continuous Criminal Monitoring Services • Service: CrimSource™ Continuous Criminal Record Monitoring Services provide access to developing arrest records and direct primary source court records. Employers have the flexibility of identifying thresholds for reporting based upon individual organizational standards. Subjects (employees) are entered into a pool for ongoing monitoring. Thousands of record sources are continuously monitored to identify record data matching pool subject qualifying detail. When a matching record is identified employers are notified and afforded the ability to take immediate action, if warranted, or simply to monitor ongoing case development with notifications of any changes in case status. Unlike other periodic monitoring services that rely on secondary source database records and continuous monitoring relying solely on arrest booking records, AccuSourceHR™ Workforce Solutions' CrimSource™ Continuous Criminal Record Monitoring searches direct primary source records enabling employers to make informed decisions and act as soon as record data becomes available. 26. 1-9 Employment Eligibility Verification (e-Verify) • Service: Electronically confirms newly hired employees' eligibility to work in the United States. This program enables employers to quickly verify the work eligibility of newly hired citizens and non-citizens by processing the 1-9 Form over the Internet and querying Social Security Administration and Department of Homeland Security Databases. • Source: e-Verify • Information Verified: Confirms eligibility to work in the United States 27. Electronic Form 1-9 • Service: An electronic management of 1-9 forms moves a traditionally paper-based process to a quicker, more secure, and efficient electronic solution. 28. Drug Testing • Service: AccuSourceHR™ offers a one-stop, integrated solution for your company's drug and background screening needs with GC/MS confirmation when required. Collection and processing at HHS/SAMHSA certified laboratory with GC/MS confirmation when required. We provide comprehensive onsite, instant, or lab-based programs. We offer a wide variety of drug screening services, more than 10,000 lab-based locations nationwide, and extensive expertise in regulated and non-regulated industries. Additionally, All AccuSourceHR™ drug screening results are integrated with our user-friendly reports. DESCRIPTION OF WEB ACCESS SOLUTION Screening service processing and reporting are available through our online portal, TazCloud™. TazCloud™ is an easy-to-use system designed to accommodate various client requirements. The intuitive online system contains features that help manage the complex needs of large organizations, as well as the simple requirements of smaller companies. Some of the key elements of our extremely configurable and fully customizable system include: SERIAL 250018-RFP • Jurisdiction look-up and selection tools • Duplicate order checking • Controlled permissions based on defined user rights • Automatic email alerts upon report completion • Customizable required fields for order entry • Ability to support alpha/numeric reference fields for billing allocation • Applicant entry of personal details via QuickApp TazCloud™ integrates with Workday, affording the Maricopa County end users the ability to quickly initiate a background check by beginning the process in Workday. They are then transitioned to a screen in our TazCloud™ platform to provide the applicant's name, address, and email. This initiates an email to the applicant, directing them to utilize a unique URL to access our QuickApp program (applicant profile) and review their personal data mapped from the Workday system. The applicant can quickly complete any outstanding information and then transmit the order for immediate processing. Some of the many benefits QuickApp offers include: • Avoid collecting sensitive personal identifiers • Limiting the amount of missing applicant information • Saving time and money by minimizing data entry Should Maricopa County need to request a background check that is not initiated through Workday, the Maricopa County users may log in directly to TazCloud™ and perform the data entry of the necessary information to initiate the background check. AccuSourceHR also offers batch load capability if there are a large number of background checks to be initiated at one time. This feature is often utilized for annual MVR checks or compliance-based criminal searches. AccuSourceHR also offers two additional non-integrated options for initiating a screening request. QuickApp- Through our QuickApp, applicant portal, Maricopa County end users can log into TazCloud™ to initiate a screening request but would select the QuickApp option versus manual entry. Once selected, the end user enters the applicant's name and email address and chooses the desired package or individual service(s). The applicant is emailed a link to access their online profile. The profile contains all data fields aligned with the services in the screening request and is designed to capture all personal data to facilitate screening. Once applicants complete all required data fields, they select submit to begin processing their background screen. AccuSourceHR also offers QuickApp Pro, a hosted platform application. With QuickApp Pro, Maricopa County is provided with a stagnant URL. The URL can be hosted on the Maricopa County's website and/or may be provided by Maricopa County directly to applicants. Applicants can then log into the URL and complete the profile to initiate their screen. QuickApp Pro requires a one-time platform setup fee and a small transaction fee per request. QuickApp Pro Option provides an applicant self-serve option and alleviates the need for staff interaction in initiating screening requests. Both QuickApp and QuickApp Pro afford many benefits realized through ATS/HCM integration, including minimizing end user data entry, minimizing missing data required to complete the screening process successfully, and increasing ease and security in sensitive applicant data. AccuSourceHR offers various beneficial tools to employers to comply with legal regulations, including the Fair Credit Reporting Act (FCRA) and state and local laws and ordinances. Compliance tools include online Disclosure & Authorization forms withe-signature capabilities, Pre-adverse Action Letters and Adverse Action Letters, and options for automatic report delivery to applicants in compliance with state requirements. Additionally, AccuSourceHR maintains an online client resource library enabling clients to research legal requirements and restrictions in each jurisdiction with ease. Through direct utilization of QuickApp or QuickApp Pro or utilizing QuickApp in conjunction with an ATS/HCM integration, TazCloud™ can support acknowledgment of required legal disclosures, including FCRA Summary of Rights disclosure and any state or local required disclosures based upon the applicant's defined residential address and primary work location. The Authorization for Screening can be e-signed directly in TazCloud™. SERIAL 250018-RFP AccuSourceHR also offers batch load capability for large volume requests of the same service component or package. In this process, a client end user would be provided a CSV (Excel) template to provide the applicant data required to initiate the desired service(s). This feature is often utilized for annual MVR checks or compliance-based criminal searches. All background screening reports are delivered electronically to requestors through our web-based TazCloud™ platform, or through your organization's integrated platform in the case of integration. Once a file is closed, a background screening report is generated, and requestors and/or other designated personnel receive a notification email with a direct link to the file. Personnel receiving these notifications may access, save, print, or email reports at their convenience by logging into the system. AccuSourceHR will establish user rights, with appropriate security levels, for each Maricopa County end- user. We discourage sharing access credentials and recommend each system user be provided a unique login and password. The Maricopa County account(s) can be structured with master/parent/child hierarchies to establish and maintain specific user rights. Maricopa County can contact AccuSourceHR to facilitate appropriate user rights changes or add new users. Requests are generally facilitated in less than 24 hours. Additionally, a self-serve option allows the account administrator to add or remove a system user and/or change individual rights as needed. Numerous managerial reports are available on-demand in the TazCloud™ platform with access by system administrators and client end users (based upon client-defined permissions. These reports include Turnaround Time, Spend, Usage, Hit Rate, and more. Additionally, through our Insights software, Account Managers can create client-defined custom reports to meet specific client needs. System enhancements are released quarterly. Release candidates are created frequently, usually 2-4 times a week, to help minimize the change set and facilitate rapid release of new code. AccuSourceHR is actively involved in ongoing system enhancements and design upgrades and is a member of their power user group. FUNCTIONAL REQUIREMENT SUMMARY AccuSourceHR meets all mandatory requirements outlined in the functional requirement form. We ensure compliance with every mandatory criterion listed, providing a comprehensive and reliable solution. Our platform is designed to meet the highest end-user, stakeholder, and candidate standards, ensuring that all essential functionalities are covered. QUALIFICATIONS As an industry leader in the employment screening industry, AccuSourceHR provides best-in-class turnaround times and screening results of the highest quality. We have proven expertise in background screening throughout various diverse geographic regions and industries. Additionally, we have an extensive network of independent researchers, located domestically and internationally, who are experts in meeting the demands of highly regulated industries. Moreover, we provide a full suite of global screening services in more than 200 countries and territories. Major markets include North America, South America, Europe, Asia-Pacific, Africa and the Middle East. We have taken ample time to research the complexities of each country served and developed compliant programs and process know-how to deliver flexible and efficient global screening programs. We use a single platform that can be utilized to order domestic and/or global searches. At AccuSource, we ensure that you receive top-notch customer service along with the most current, accurate and legally reportable information that has passed our rigorous quality control measures. We strictly adhere to regulations set forth by the Fair Credit Reporting Act (FCRA) for consumer reporting agencies, as well as all applicable state/local laws and ordinances. SERIAL 250018-RFP EXHIBIT C: SERVICE LEVEL AGREEMENT (SLA) General Provisions: Service Level Credits will apply only to those Service Level Metrics in this Exhibit. Performance against the Service Level Metrics in this Exhibit will be reported by the Contractor to the County on a quarterly basis. Service Level Metrics: Service Level Metrics in this Appendix may be reviewed annually by the parties for continuing applicability and may be revised from time to time as mutually agreed by the parties in writing. In addition, the parties may agree to meet at other intervals during the term of the Agreement, as requested by either party, to discuss and begin work towards resolution of any issues affecting the performance of the services. Pre-employment Background Investigation Service Level Metrics Service Description Frequency Measure 9.6.1 Investigations Pre-employment background investigations with only the options in paragraph 9.6.1. Quarterly average completion rate Within three (3) business days 9.6.2 Investigations Pre-employment background investigations with the options in paragraph 9.6.1. combined with additional a la carte options in paragraph 9.6.2. Quarterly average completion rate Within five (5) business days Service Level Credit Procedure: Service Level Credits will be applied to the monthly amount due from the County for the quarter immediately following any quarter the Contractor fails to meet the Service Level Metric(s). Service Level Credits will be reported and assessed within thirty (30) days of the end of the calendar quarter in which the Service Level Credits are calculated. Service Level Credits will be calculated against the monthly fees paid by County to the Contractor (before applying any Service Level Credits) for Pre-employment Background Investigation services provided to County. The monthly fee will exclude implementation fees and any other fees paid by County to the Contractor which are not ongoing fees paid on a month-in, month-out basis. The Service Level Credits provided hereunder are one remedy for the County to hold the Contractor responsible for failing to meet service levels. The Contractor's continued failure to meet a Service Level Metric may be considered a breach of the Agreement, which could be remedied through other means delineated in this contract. Fees at Risk: The allocation of fees at risk for the applicable Service Level Metric is shown below. At the beginning of each calendar year or in the event of an amendment or variation to the SLA, the County may request that the fees at risk allocation be changed by providing written notification to the Contractor. The Contractor agrees to negotiate any requested change, and any mutually agreed upon change will become effective upon mutual agreement of the parties. SERIAL 250018-RFP Pre-employment Background Investigation Fees at Risk Service Level Metric Standard Allocation of Fees at Risk 9.6.1 Investigations 5% of the Monthly Fee for Pre-employment Background investigation services in each of the three months of the quarter following the quarter the Contractor failed to meet the metric. 9.6.2 Investigations 5% of the Monthly Fee for Pre-employment Background investigation services in each of the three months of the quarter following the quarter the Contractor failed to meet the metric. SERIAL 250018-RFP EXHIBIT D: IT SUPPLEMENTAL TERMS AND CONDITIONS 1. DEFINITIONS 1.1 “Authorized Persons” means the service provider’s employees, contractors, subcontractors or other agents who need to access Maricopa County’s (County) personal data to enable the service provider to perform the services required. 1.2 “Data Breach” means the unauthorized access by a non-authorized person/s that results in the use, disclosure or theft of a County’s unencrypted personal data. 1.3 “Individually Identifiable Health Information” means information that is a subset of health information, including demographic information collected from an individual, and (1) is created or received by a health care provider, health plan, employer or health care clearinghouse; and (2) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (a) that identifies the individual; or (b) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. 1.4 “Non-Public Data” means data, other than personal data, that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the County because it contains information that is exempt by statute, ordinance or administrative rule from access by the general public as public information. 1.5 “Personal Data” means data that includes information relating to a person that identifies the person by name and has any of the following personally identifiable information (PII): government-issued identification numbers (e.g., Social Security, driver’s license, passport); financial account information, including account number, credit or debit card numbers; or protected health information (PHI) relating to a person. 1.6 “Protected Health Information” (PHI) means individually identifiable health information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in its role as employer. 1.7 “Public Jurisdiction” means any government or government agency that uses these terms and conditions. The term is a placeholder for the government or government agency. 1.8 “County Data” means all data created or in any way originating with the County, and all data that is the output of computer processing of or other electronic manipulation of any data that was created by or in any way originated with the County, whether such data or output is stored on the County’s hardware, the service provider’s hardware or exists in any system owned, maintained or otherwise controlled by the County or by the service provider. 1.9 “County Identified Information Technology IT Security Contact” means the person or persons designated in writing by the County to receive security incident or breach notification. 1.10 “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the service provider believes could reasonably result in the use, disclosure or theft of a County’s unencrypted personal data or non-public data within the possession or control of the service provider. A security incident may or may not turn into a data breach. 1.11 “Service Level Agreement” (SLA) means that part of the written agreement between both the County and the service provider that is subject to the terms and conditions in this document and that unless otherwise agreed to includes (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) the amount of time required for SERIAL 250018-RFP notice by the provider to the County for notification of upcoming changes, (3) security notice requirements, (4) timeframes for response to operational problems and failures, and (5) any remedies for performance failures. 1.12 “Service Provider” means the contractor and its employees, subcontractors, agents and affiliates who are providing the services agreed to under the contract. 1.13 “Software-as-a-Service” (SaaS) means the capability provided to the consumer to use the provider’s applications running on a cloud infrastructure. The applications are accessible from various client devices through a thin-client interface such as a Web browser (e.g., Web-based email) or a program interface. The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage or even individual application capabilities, with the possible exception of limited user specific application configuration settings. 1.14 “Statement of Work/Scope of Work” (SOW) means a written statement in a solicitation document or contract that describes the County’s service needs and expectations. 2. SUPPORT OVERVIEW 2.1 Support hours (accommodate our time zone) - vendor will maintain customer service hours that coincide with our 8:00 a.m.- 5:00 p.m. Monday - Friday Mountain Standard Time (MST) office schedule. They will also provide afterhours support at a level commensurate with the nature of the service provided. 2.2 Updates/upgrades - vendor will follow a timely and consistent schedule in applying updates to their solution and the underlying infrastructure needed to support it. Zero day/emergency updates will be done expeditiously by vendor, with proper communication to customers affected. 2.3 Entity will comply with all applicable provisions of the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and all applicable federal regulations, as amended from time to time (ADA Laws). All electronic and information technology and products and services to be used must be compliant with the ADA Laws. 2.3.1 Compliance means that a disabled person can acquire the same information, engage in the same interactions, and enjoy the same services as a nondisabled person, in an equally effective and integrated manner, with substantially equivalent ease of use. 3. DATA OVERVIEW 3.1 Data liberation - vendor is required to provide the means to pull all user data from vendor solution any time as desired, in a machine-readable format. 3.2 System shall be capable of encrypting data both at rest and in transit as needed/determined by the customer. 3.3 Data Ownership: The County will own all right, title and interest in its data that is related to the services provided by this contract. The service provider shall not access County user accounts or County data, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this contract or (4) at the County’s written request. 3.4 Data Protection: Protection of personal privacy and data shall be an integral part of the business activities of the service provider to ensure there is no inappropriate or unauthorized use of County information at any time. To this end, the service provider shall safeguard the confidentiality, integrity and availability of County information and comply with the following conditions: SERIAL 250018-RFP 3.4.1 The service provider shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of personal data and non-public data. Such security measures shall be in accordance with recognized industry practice and not less stringent than the measures the service provider applies to its own personal data and non-public data of similar kind. 3.4.2 All data obtained by the service provider in the performance of this contract shall become and remain the property of the County. Vendor usage of customer data for non-County purposes requires written approval from the County. 3.4.3 All personal data shall be encrypted at rest and in transit with controlled access. The County shall identify data it deems as non-public data to the service provider. The level of protection and encryption for all non-public data shall be identified and made a part of this contract. Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the SOW, or otherwise made a part of this contract. 3.5 At no time shall any data or processes — that either belong to or are intended for the use of a County or its officers, agents or employees — be copied, disclosed or retained by the service provider or any party related to the service provider for subsequent use in any transaction that does not include the County. 3.6 Hosted applications must have the ability to support encrypted protocols for sensitive data in flight and in rest. Encryption ciphers must use at least a 128-bit key length. Hashing algorithms used must be of the Secure Hash Algorithm (SHA) or Advanced Encryption Standard (AES) family. The minimum acceptable algorithm shall be SHA-2 or AES128. 3.7 Data Location: The service provider shall provide its services to the County and its end users solely from data centers in the U.S. Storage of County data at rest shall be located solely in data centers in the U.S. The service provider shall not allow its personnel or contractors to store County data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The service provider shall permit its personnel and contractors to access County data remotely only as required to provide technical support. The service provider may provide technical user support on a 24/7 basis using a Follow the Sun model, unless otherwise prohibited in the SLA. 3.8 The vendor shall destroy all offline copies of County data at the time they cease to be useful. Destruction procedures must be made available to the County upon request. 3.9 At the conclusion of the contract, all County data and working papers must be returned to the County and all vendor copies destroyed. The vendor must confirm in writing to the County that all data was destroyed in accordance with this agreement and state the methodology used. 4. BACKUP AND DISASTER RECOVERY OVERVIEW 4.1 County has the right to, with 72 hours’ notice, request a test of customer-centric backup and Disaster Recovery functionality, as defined in the contract. 4.2 Backups to removable media must be encrypted using the AES with a minimum of a 128-bit key. Industry recognized key handling procedures must be utilized. At no time shall the key be stored on the backup media in clear text, including but not limited to table labels. The vendor must make key handling procedures and logs available upon request. 4.3 Unless otherwise stated, hosting providers will complete incremental backups daily and be able to successfully generate full backups within 24 hours unless otherwise agreed upon. SERIAL 250018-RFP 5. INTEGRATION AND INTERFACES OVERVIEW All customer integrations and interfaces are fully documented and updated when changes are made by vendor at no cost to the County. 6. TESTING OVERVIEW 6.1 A documented strategy for testing and Quality Assurance (QA) of development and configuration shall be provided to the County project team for approval prior to commencement of system build upon request. 6.2 Issues identified in vendor testing shall be cataloged, updated upon closure with final disposition, and provided to the project team prior to User Acceptance Testing (UAT) testing. 6.3 Vendor will allow the County a reasonable timeframe to execute the test plan and retest items with issues. 6.4 Vendor will work directly with Maricopa County, and external vendors to integration test all interfaces and transmissions of data. To eliminate constraints and delays in external vendor testing and validation, a separate mirror environment for testing is advised. 6.5 Vendor will enable automation and file transmission during UAT and parallel testing. 6.6 Vendor will allow the County to execute performance and load testing as prior to the start of UAT. 6.7 The vendor shall provide County with a UAT test catalog to aid in development of test scripts. 6.8 Testing variances will be documented, categorized, and assigned priority through a mutually agreed upon format. 6.9 Unit testing of the application shall be performed and documented by the vendor. 6.10 Vendor will provide documented results of testing including negative and positive testing results. 7. CONNECTIVITY OVERVIEW 7.1 Vendor will proactively communicate any proposed networking change made against connections between vendor and County a minimum of five business days prior to the change. 7.2 Client applications installed on user workstations that must contact the off-site hosting environment must be able to do so through a secured Hypertext Transfer Protocol (HTTP) proxy. Workstations must not be required to directly connect over the Internet for any reason. 7.3 Any connection between the County and vendor needs to be secured using industry accepted standards. 8. SYSTEM SECURITY OVERVIEW 8.1 Security Incident or Breach Notification and Responsibilities: The service provider shall inform the County of any security incident or data breach. 8.2 Breach notification requirements shall be determined by all applicable laws and contracts including, but not limited to, Arizona Revised Statutes (A.R.S.) 44-7501 and 18-552, California SB 1386, the Health Insurance Portability and Accountability Act (HIPAA), Criminal Justice Information Services (CJIS) and Payment Card Industry (PCI). SERIAL 250018-RFP 8.3 Incident Response: The service provider may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the contract. Discussing security incidents with the County should be handled on an urgent as-needed basis, as part of service provider communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract. 8.4 Unless otherwise stipulated, if a data breach is a direct result of the service provider’s breach of its contract obligation to encrypt personal data or otherwise prevent its release, the service provider shall bear the costs associated with the following: 8.4.1 the investigation and resolution of the data breach; 8.4.2 notifications to individuals, regulators or others required by state law; 8.4.3 a credit monitoring service required by state (or Federal) law; 8.4.4 a website or a toll-free number and call center for affected individuals required by state law — all not to exceed the average per record per person cost calculated for data breaches in the United States in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the data breach; and 8.4.5 complete all corrective actions as reasonably determined by service provider based on root cause; all [(1) through (5)] subject to this contract’s limitation of liability. 8.5 Breach Reporting Requirements: If the service provider has actual knowledge of a confirmed data breach that affects the security of any County content that is subject to applicable data breach notification law, the service provider shall: 8.5.1 promptly notify the appropriate County identified contact within 24 hours or sooner, unless shorter time is required by applicable law, and 8.5.2 take commercially reasonable measures to address the data breach in a timely manner. 8.6 The vendor shall make the information security incident response policy and procedure available to the County at any time upon request. 8.7 Access to Security Logs and Reports: The service provider shall provide reports to the County in a format as specified in the SLA agreed to by both the service provider and the County. Reports shall include latency statistics, user access, user access internet protocol (IP) address, user access history and security logs for all County files related to this contract. County may, at their discretion, use separate Security Information and event management (SIEM) tool to analyze and manage provided log and report data. 9. AUDITING AND COMPLIANCE OVERVIEW 9.1 The system must log all material user actions, including but not limited to, logon and log off. 9.2 The system must log all material administrator actions, including but not limited to, user creation, user deleting, password resets, and privilege level changes. 9.3 The system must log failed login attempts. 9.4 Logs must be made available to the County at any time, preferably though API, web service or some other automated fashion. 9.5 The vendor must comply with all applicable laws, regulations, and contracts including (but not limited to) CJIS, HIPAA, and PCI. SERIAL 250018-RFP 9.6 Vendors that host applications containing HIPAA protected data must enter into a Business Associate agreement (as defined by HIPPA) with the County. The Business Associate (BA) agreement must be maintained for the life of the contract. 9.7 Audit of Third-Party systems - in order to determine that SLAs or other agreements between the County and the Third-party entity are being adhered to, we reserve the right to audit systems being used to provide the service and supporting services (such as internal work order/Information technology service management (ITSM) systems, log files, etc.) used to support the services being provide to the county. 9.8 The vendor must make System and Organization Controls 2 (SOC2) compliance reports, or other comparable security report, audit findings, and third-party attestations available at the time of award, and at any time to the County upon request. Updated compliance reports shall be provided to the County Identified IT Security Contact annually. 9.9 For SOC 2 reports, this must be of the solution and not of the hosting service the vendor may be using (i.e., do not share Amazon’s or Microsoft’s SOC2 report instead of one specific to the solution in question). 9.10 The vendor must immediately notify the County, in writing, upon a confirmed violation of the compliance requirement. The notification must include any information provided by the regulatory body. SERIAL 250018-RFP EXHIBIT E: FUNCTIONAL SYSTEM REQUIREMENTS RESPONSE Req # Requirement Category/Subject Requirement Description Priority Off the Shelf or Customized? Vendor Comment(s) 1 System Availability Provide 24/7 system access. Mandatory Off the shelf Yes - Meets requirement. 2 System Availability Scheduled System Maintenance during non-business or off hours; notification in advance of scheduled maintenance times (one week minimum). [Prefer a published schedule for all maintenance] Mandatory Off the shelf Yes - Meets requirement. 3 System Availability Access to service is expected to achieve 99.9% availability, outside normally scheduled maintenance. Mandatory Off the shelf Yes - Meets requirement. 4 System Availability An industry-recognized backup methodology must be employed, including the use of off- site storage. The vendor must make backup procedures and logs available at any time upon request from the County Mandatory Off the shelf Yes - Meets requirement. 5 System Resources Application response time, defined as the time it takes to complete render the user interface after a user action, must be less than three (3) seconds. Unacceptable response times shall be considered to make the program unavailable and will count against the 99.9% uptime metric. Mandatory Off the shelf Yes - Meets requirement. 6 System Resources Ability to integrate with an applicant tracking system (ATS). Mandatory Off the shelf Yes ‐ meets requirement. AccuSource is a NEOGOV preferred partner. SERIAL 250018-RFP 7 System Access/Use Ability to provide a secure alternate method of access for individuals who are not processed via the applicant tracking system (ATS). Mandatory Off the shelf Yes - Meets requirement with Instascreen platform. 8 System Access/Use Ability to support a variety of browsers. [HTML 5 preferred]. No client/end-user application installation is required for access Mandatory Off the shelf Yes - Meets requirement. 9 System Access/Use Ability to support access by 75 or more users; ability to implement internal security access levels for each user with multiple screen permissions. Mandatory Off the shelf Yes - Meets requirement. 10 Customer Service Dedicated 24/7 customer support service. Preferred N/A AccuSourceHR's hours of operation are Monday through Friday from 6 a.m. to 6 p.m. PST (7‐7 MST, 9‐ 9 EST, 8‐8 CST). Additional weekend support is available Saturday & Sunday: 11am- 3pm PST. Key account personnel are available during that timeframe. In the event that an urgent issue/matter occurs, however, some personnel may be available outside of those hours. 11 Customer Service Responsiveness to system issues (Online Portal) - Vendor needs to respond to user problems with the online portal/user interface within 4 hrs from notification of issue. Mandatory Off the shelf Yes - Meets requirement. SERIAL 250018-RFP 12 Customer Service Responsiveness to background investigation case issues - Vendor needs to respond to user identified concerns with individual background investigation cases within 1 hr from notification of issue. Mandatory Off the shelf Yes - Meets requirement. 13 Customer Service Ability to communicate by phone, email or portal communication methods any issues, problem cases, questions on case results, delays encountered in completing investigations outside the parameters established for turnaround times and any other questions or concerns. Mandatory Off the shelf Yes - Meets requirement. 14 Services Provided/Platform Dashboard portal or other method providing a central location to access "live" work flow data such as listing of cases, departments, reports, problems, results, pre-adverse and adverse actions with the ability to edit work flow choices presented on the screen. Mandatory Off the shelf Yes - Meets requirement. 15 Services Provided/Platform Ability to sort using different variables (ex: by date, department, requester, dispute date, adverse letter dates etc). Ability to process ad hoc reports or canned reports, searchs, and download any data compatible with standard electronic applications (ex: Excel/Word/PDF). Mandatory Off the shelf Yes - Meets requirement. 16 Services Provided/Platform Ability to upload documents such as Word, Excel, and PDF. Mandatory Off the shelf Yes - Meets requirement. SERIAL 250018-RFP 17 Services Provided/Platform Ability to incorporate County generated documents and/or language for use during background investigations. Mandatory Off the shelf Yes - Meets requirement. 18 Services Provided/Platform Ability to view and run reports on service level performance measures. Mandatory Off the shelf Yes - Meets requirement. 19 Services Provided/Platform Ability to develop ad- hoc reports and establish parameters. Mandatory Off the shelf Yes - Meets requirement. 20 Services Provided/Platform Ability to provide an annual data dump with electronic files comprising the County's data. Ability to provide electronic files comprising the County's data within 90 days of notification of termination of contract. Mandatory Off the shelf Yes - Meets requirement. 21 Services Provided/Platform Provide automated notification of report completion. Provide an automated Pre-adverse and Adverse process with auto notification to authorized Central HR users. Automatic notification to authorized Central HR users of consumer responses and disputes during the Pre-Adverse and Adverse process. Mandatory Off the shelf Yes - Meets requirement. 22 Services Provided/Platform Ability to run the background components listed in the RFP. Ability to group minimum required background components into a "basic" package with additional options available for selection. Mandatory Off the shelf Yes - Meets requirement. SERIAL 250018-RFP 23 Service Metrics On average, turnaround times for completing a basic Background Investigation case should be within 3 business days based on the number completed quarterly. Mandatory Off the shelf Yes ‐ meets requirement. Our average turnaround time is 24‐72 hours, with most services completed in 48. 24 Service Metrics On average, turnaround times for completing a basic Background Investigation case and one or more additional a la carte options should be within 5 business days based on the number completed quarterly. Mandatory Off the shelf Yes ‐ meets requirement. Our average turnaround time is 24‐72 hours, with most services completed in 48. SERIAL 250018-RFP EXHIBIT F: SECURITY SYSTEM QUESTIONNAIRE AND RESPONSE Req # Question Yes/No Comments 1 Does the product support the creation of unique user identifiers and associated authentication features that can be integrated using lightweight access directory protocol and secure lightweight directory access protocol? N/A 2 Does the product allow configuration of access control groups for unique user identifiers? Yes 3 Is the product capable of demonstrating approval of unique user identifiers by an authorizing party (e.g., super user/administrator)? Yes 4 Does the product support access restrictions based on group assignments including unique identifiers or groups which can read, write and execute files, commands or code associated with commands? N/A 5 Does the product allow unique user identifiers to be activated, deactivated, and/or deleted? Yes 6 Does the product support the ability to automatically disable access based on a preset period of time established by Maricopa County? N/A 7 Does the product support audit logging and email notification in the event of account creation, modification, disabling and termination actions? Yes 8 Does the product support automatic logout in the event of inactivity from unique user identifiers? Yes 9 Does the product allow monitoring and reporting (e.g., email) of system account usage? N/A 10 Does the product support automated alerts in the event that a unique user identifier or system account is used outside of a preset period of time as determined by Maricopa County? N/A 11 Does the product allow reporting on atypical usage of unique user identifier or system accounts via electronic mail. N/A 12 Does the product support reporting on user privileges via electronic mail? N/A 13 Is the product capable of tracking and monitoring the assignment of privileged roles (privileged roles are defined as unique user identifiers or system accounts with read, write and execute permissions) via electronic mail? N/A 14 Does the product support the ability to restrict access to it by Internet Protocol Address? Yes 15 Does the product support assignment of discretionary or mandatory access control? Yes 16 Does the product support the ability to restrict information flow control on metadata? N/A 17 Is the product capable preventing encrypted data from bypassing content-checking mechanisms? N/A SERIAL 250018-RFP 18 Does the product allow configuration of unique user identifiers and system accounts with different access permissions separating key functions based on user or group (i.e., separation of duties). N/A 19 Is the product capable of restricting access based on role or group (e.g., group account policy)? N/A 20 Is the product capable of logging unsuccessful logon attempts and automatically disabling unique user identifiers or system accounts based on a present number of unsuccessful attempts as defined by Maricopa County? Yes 21 Does the product support configuration of a logon banner prior to permitting access that has content defined by Maricopa County? Yes Customization 22 Does the product support logging of last successful and unsuccessful logon attempt for unique identifiers? Yes 23 Is the product capable of restricting the number of sessions that are allowed to be accessed as defined by Maricopa County? No 24 Is the product capable of locking a session automatically after a preset period of time as defined by Maricopa County? Yes 25 Is the product capable of requiring all transactions have an associated unique user identifier or system account prior to transaction initiation? Yes 26 Is the product capable of tagging information with access permission rights, so that the information can only be viewed with proper credentials regardless of where it is stored? N/A 27 Is the product capable of restricting remote access except through approved Maricopa County mediums such as the Virtual Private Networking (VPN) infrastructure? N/A 28 Is the product capable of restricting wireless access except through approved Maricopa County wireless solutions? (See Maricopa County Information Security Policy on Wireless). N/A 29 Is the product capable restricting unique user identifiers' access to other unique user identifiers' information, directory structure, etc. unless otherwise permitted by a user with super user/administrative access? Yes 30 Is the product capable of logging and recording all unique user identifier activity and system account activity? Yes 31 Is the product capable of logging and recording all changes which occur on the asset including applications, databases, and network or system operating systems? N/A 32 Is the product capable of logging system and activity transactions including date, time and whether the event was successful? Yes SERIAL 250018-RFP 33 Is the product capable of storing log data on a predefined amount of storage as defined by Maricopa County? Log Data Stored 34 Is the product capable of alerting via email if log data is not successfully recorded? Yes 35 Is the product capable of recording software / hardware errors and when storage capacity has been reached? N/A 36 Is the product capable of logging messages using the “syslog” or “syslog-ng” protocol in compliance with RFC 3164? Yes 37 Does the product support filtering capabilities for all specified log types that are captured by the asset (e.g., application, database, network or system operating systems)? Yes 38 Does the product support time stamps of transactions and events for purposes of logging? Yes 39 Does the product support data storage using encryption algorithms that exceed the strength of 128-bit advanced encryption standard? Yes 40 Does the product support utilization of hashing and/or generally accepted digital signature based technology to provide non- repudiation of logs stored or transmitted from the asset including applications, database, and network or system operating systems? Yes 41 Does the product support the retention of log data for a preset period of time (in storage) as defined by Maricopa County? Product supports log retention. 42 Does the product require unique user identification before access is granted to an asset including applications, databases, network or system operating platforms? Yes 43 Does the product require unique system identification before system-to-system access is allowed? Yes 44 Is the product capable of establishing user accounts based on unique attributes such as last names, initials, etc. at the discretion of Maricopa County? Yes 45 Is the product capable of restricting the permanent use of a unique user identifier that has already been used? Yes 46 Does the product require the authentication of a unique user identifier prior to permitting access to the requested resource? Yes 47 Is the product capable of supporting password strings of at least 15 characters during password authentication? Yes 48 Is the product capable of enforcing password complexity which requires the use of at least 1 uppercase, 1 lowercase, 1 special character, and 1 number? Yes 49 Is the product capable of enforcing that new passwords for unique user identifiers cannot use previous password sequences where at least 6 characters are being reused? Yes SERIAL 250018-RFP 50 Does the product support password storage using at least 128- bit advanced encryption standard? Yes 51 Is the product capable of expiring passwords and requiring unique user identifiers to change their password after a preset period of time not to exceed 365 days and at the discretion of Maricopa County? Yes 52 Does the product support the use of PKI-based authentication solutions? Yes 53 Does the product support the use of PKI including validation of certificates through the construction of certification paths with status information to an accepted trust anchor? Yes 54 Does the product support the use of PKI including enforcement of authorized access to the corresponding private keys? Yes 55 Does the product support the use of PKI maps authenticated identities to unique user identifiers? N/A 56 Is the product capable of masking passwords during system entry? (i.e., shows passwords as ******). Yes 57 Does the product support cryptographic authentication schemes which are at a minimum in compliance with FIPS 140-2 (i.e. 128-bit AES for example is acceptable)? Yes 58 Is the product capable of separating the administration of the asset from the use of the asset (i.e., Application Partitioning) including applications, databases, network or system operating platforms? Yes 59 Is the product capable of requiring unique user identification and authentication to shared resources, and all activity and use of the resource is logged, recorded and reported? N/A 60 Is the product capable of restricting access from specific sources using specific protocols? N/A 61 Is the product capable of prioritizing services as determined by Maricopa County to enhance performance (generally only applied to operating platforms)? N/A 62 Is this product capable of preventing access via Internet Protocol, Service and Port? Yes 63 Does this product support checksums and hash values to maintain the integrity of information? Yes 64 Is this product capable of encrypting data in transit to protect it from unauthorized disclosure? Yes 65 Is this product capable of terminating communications when sessions are completed? Yes 66 Can the product be configured to communicate only with specific assets? Web-based application 67 Is the product capable of utilizing PKI infrastructures? Yes 68 Is the product capable of utilizing only FIPS 140-2 compliant encryption algorithms (e.g., 128-bit AES)? Yes SERIAL 250018-RFP 69 Does the product support the ability to use acceptable mobile code such as Java, JavaScript, ActiveX, PDF, Postscript, Shockwave movies, Flash animations, and VBScript? Yes 70 Does the product support session authenticity during initialization of sessions (e.g., SSL)? Yes 71 Does the product support the ability to have vendor’s correct flaws (e.g., security vulnerabilities) including applications, databases, network and system operating platforms? Yes 72 Is the product capable of being scanned using well-known antivirus systems for malicious code? Yes 73 Is the product capable of restricting personnel from entering data in the asset based on access control (e.g., role-based access)? Yes 74 Does the product have the ability to determine whether or not inputs are valid? Yes SERIAL 250018-RFP EXHIBIT G: USER CERTIFICATION This Addendum to the contract (“Addendum”) is between Contractor (“AccuSourceHR”) and County (“Client”).. 1. ACCUSOURCEHR SERVICES. AccuSourceHR is a global provider of background screening services. In the United States, AccuSourceHR is defined as a “consumer reporting agency” pursuant to the applicable jurisdiction of the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”) and applicable state law, and any FCRA-regulated screening reports that AccuSourceHR furnishes pursuant to the contract and this Addendum are defined by the FCRA and applicable state law as “consumer reports” and/or “investigative consumer reports.” All reports provided by AccuSourceHR pursuant to the contract and this Addendum are collectively defined as “Screening Reports”, and all references to “Screening Report(s)” herein shall refer to an entire Screening Report(s) as well as any specific information contained within a Screening Report(s). Subject to the terms and conditions of this Addendum, and upon Client’s request, AccuSourceHR will furnish Screening Reports and the related services described in this Addendum in connection with Client’s screening (check all that apply): of employees or candidates for employment (including, without limitation, independent contractors, temporary workers/employees, vendors, and volunteers), and/or other individuals for legally permissible employment-related purposes (each, an “Applicant”); in accordance with written instruction of the consumer to whom the Screening Report relates __________________________________________________ [insert the written instruction type] (including, without limitation, students, vendors and tenants (each, an “Applicant”). 2. CERTIFICATIONS FCRA Certification Client certifies to AccuSourceHR as follows with respect to each FCRA-regulated Screening Report Client orders and/or receives: 1. Permissible Purpose. Client shall procure and use Screening Reports only for the legally permissible employment purpose(s) as set forth in Section 1. 2. Applicant Disclosure and Consent. Client certifies that prior to its procurement of a Screening Report for employment purposes: (i) Client has made a clear and conspicuous disclosure in writing to the consumer Applicant, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the Applicant consumer has authorized in writing the procurement of the Screening Report by Client. Client understands that AccuSourceHR will not initiate a report for employment purposes in the absence of a written authorization. Client certifies that each time it orders a report, it is reaffirming the above certification. 3. Pre-Adverse Action Disclosures. In using a Screening Report for employment purposes, before taking any adverse employment action based in whole or in part on the information in the Screening Report provided by AccuSourceHR, Client shall provide to the Applicant consumer to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the Applicant consumer under the FCRA, as prescribed under FCRA §609 (“A Summary of Consumer Rights Under the Fair Credit Reporting Act”, a copy of which is currently available at: https://accusourcehr.com/resources/client-education/) and any other notices required by applicable Laws. 4. Adverse Action Disclosures. After providing the consumer Applicant with the pre-adverse action disclosure described in paragraph 3 above (to the extent applicable), and after the appropriate waiting period, Client will, if intending to take adverse action with respect to the consumer Applicant based in whole or in part on information contained in the Screening Report, send the consumer Applicant a follow- up notification that the Client is taking adverse action (e.g., denying employment or promotion) based in whole or in part on the information contained in the Screening Report. Such notification will meet all applicable requirements set forth in FCRA §615 and any other notices required by applicable Laws. SERIAL 250018-RFP 5. Equal Employment Opportunity Law Compliance. The information from the Screening Report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. 6. Client hereby acknowledges that it has received a copy of the Summary of Rights (16 C.F.R. Part 601) and Notice of Users of Consumer Reports (16 C.F.R. Part 601). California Client Compliance Certification 7. California Screening Reports. Client certifies that, under the Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code Sections 1786 et seq., and the Consumer Credit Reporting Agencies Act (“CCRAA”), California Civil Code Sections 1785.1 et seq., if the Client’s request for and/or use of Screening Reports pertains to a California resident or worker, End User will do the following: i. Request and use Screening Reports solely for permissible purpose(s) identified under California Civil Code Sections 1785.11 and 1786.12. ii. When, at any time, Screening Reports are sought for employment purposes other than suspicion of wrongdoing or misconduct by the consumer Applicant who is the subject of the investigation, provide a clear and conspicuous disclosure in writing to the consumer Applicant, which solely discloses: (1) that an investigative Screening Report may be obtained; (2) the permissible purpose of the investigative Screening Report; (3) that information on the consumer’s Applicant’s character, general reputation, personal characteristics and mode of living may be disclosed; (4) the name, address, telephone number, and website of AccuSourceHR; and (5) the nature and scope of the investigation requested, including a summary of the provisions of California Civil Code Section 1786.22. iii. When, at any time, Screening Reports are sought for employment purposes other than suspicion of wrongdoing or misconduct by the consumer Applicant who is the subject of the investigation, only request a Screening Report if the applicable consumer Applicant has authorized in writing the procurement of the Screening Report. iv. When Screening Reports are sought in connection with the hiring of a dwelling unit, notify the consumer in writing that a Screening Report will be made regarding the consumer’s character, general reputation, personal characteristics. The notification shall include the name and address of Client as well as a summary of the provisions of California Civil Code Section 1786.22, no later than three days after the date on which the Screening Report was first requested. v. When Screening Reports are sought in connection with the underwriting of insurance, clearly and accurately disclose in writing at the time the application form, medical form, binder, or similar document is signed by the consumer that a Screening Report regarding the consumer’s character, general reputation, personal characteristics, and mode of living may be made, or, if no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested. The disclosure shall include the name and address of Client, the nature and scope of the investigation requested, and a summary of the provisions of California Civil Code Section 1786.22. vi. Provide the consumer a means by which he/she may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Screening Reports that are prepared. vii. If the consumer wishes to receive a copy of the Screening Reports, the Client shall send (or contract with another entity to send) a copy of the Screening Report to the consumer within three business days of the date that the Screening Report is provided to Client. The copy of the Screening Report shall contain the name, address, and telephone number of the person at Client who issued the report and how to contact him/her. viii. Under all applicable circumstances, comply with California Civil Code Sections 1785.20 and 1786.40 if the taking of adverse action is a consideration, which shall include, but may not be limited to, advising the consumer against whom an adverse action has been taken that the adverse action was based in whole or in part upon information contained in the Screening Report, informing the consumer in writing of Client’s name, address, and telephone number, and provide the consumer of a written notice of his/her rights under the ICRAA and the CCRAA. SERIAL 250018-RFP ix. Comply with all other requirements under applicable California law, including, but, not limited to any statutes, regulations and rules governing the procurement, use and/or disclosure of any Screening Reports, including, but not limited to, the ICRAA and CCRAA. 8. Investigative Consumer Reports. For each Investigative Consumer Report, as defined by the FCRA (e.g., professional reference check), that Client procures from AccuSourceHR, Client has complied with its obligations under FCRA §606(a) and (b), including, without limitation, the following: i) clearly and accurately disclosing to the Applicant that an Investigative Consumer Report including information as to the Applicant’s character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure: (1) is made in writing mailed, or otherwise delivered, to the Applicant not later than three days after the date on which the report was first requested; and (2) includes a statement informing the Applicant of his right to request the additional disclosures provided for under FCRA §606(b) as set forth in 2(ii) below, and a written Summary of Consumer Rights; and ii) upon written request made by the Applicant within a reasonable period of time after the Applicant’s receipt of the required disclosure referenced in paragraph 2(i) above, Client will make a complete and accurate disclosure of the nature and scope of the investigation requested. The disclosure will be made in a writing mailed, or otherwise delivered, to the Applicant not later than five days after the date on which the request for such disclosure was received from the Applicant or such report was first requested, whichever is the later. 3. CLIENT OBLIGATIONS (a) Compliance with Applicable Laws. Client shall comply with all local, state, federal, and international laws and regulations, including, without limitation, and as applicable the FCRA (collectively, “Laws”), applicable to Client in connection with its procurement and use of Screening Reports and other services provided pursuant to this Addendum. Client acknowledges it has received, reviewed and will comply with its obligations in the Notice to Users of Consumer Reports: Obligations Of Users Under the FCRA currently available at https://accusourcehr.com/resources/client-education/ (b) Tenant Screening. If a consumer’s tenant application is denied, or other adverse action is taken based in whole or in part on the Screening Reports provided by AccuSourceHR, Client will provide to the consumer: a description, in writing, of the rights of the consumer entitled: “A Summary of Your Rights Under the Fair Credit Reporting Act”, the right to obtain a copy of his/her consumer report and provide the tenant or resident applicant a reasonable opportunity of time to correct any erroneous information contained in the report. Client certifies that any adverse action notice will comply with the FCRA including but not limited to satisfying all requirements under the FCRA if credit history is a disqualifying factor. If using a credit score, Client certifies that it will comply with the Dodd-Frank Act and all applicable regulations relating to using a credit score. (c) Client acknowledges that if it obtains services from AccuSourceHR under this Addendum that fall outside the scope of the FCRA and similar United States laws (“Non-US Services”), then Client may have additional or different legal obligations than those described in this Addendum, and Client shall comply with all such Laws and obligations. Client shall promptly notify AccuSourceHR if Client believes it has failed to fulfill any obligation in this Addendum, including, without limitation, those obligations related to confidentiality, consumer privacy, data protection, and compliance with Laws. (d) Account Credentialing, Access and Maintenance. Prior to obtaining services from AccuSourceHR, Client must satisfy AccuSourceHR’s client credentialing requirements, which may include a physical on-site inspection. Client shall cooperate with AccuSourceHR’s client credentialing process and pay the associated fee, if any, set forth in this Addendum. Client shall designate to AccuSourceHR the name of a “Super User(s)” who shall be: (i) Client’s main contact(s) for the services obtained under this Addendum, and (ii) responsible for the strict administration and control of Client’s accounts users. The Super User(s) shall identify and authorize all Client account users and their respective access privileges, and promptly notify AccuSourceHR of any changes to Client’s name, physical address, account users and if any account login codes or passwords become invalid, inactive or compromised in any manner. In accordance with Section 5, a Super User may be an Outsourced Provider. SERIAL 250018-RFP (e) Data Privacy and Security. Client shall maintain commercially reasonable and appropriate technical, physical, administrative and other organizational precautions and security measures to protect against unauthorized access to and/or misuse of the AccuSourceHR system and Screening Reports. At a minimum, Client shall comply with the Client Compliance Certification with Information Access & Security Requirements set forth in Attachment A. AccuSourceHR may, in its reasonable discretion and without penalty, suspend and, upon written notice, cancel Client’s account if AccuSourceHR reasonably suspects or identifies any misuse of or unauthorized access to its system and/or Screening Reports through Client’s account. If applicable, the parties will execute appropriate addenda and/or data processing agreements for such services. (f) Audits and Record Retention. AccuSourceHR, on behalf of itself and/or its Suppliers (e.g. State Departments of Motor Vehicles, National Credit Bureaus, etc.) may conduct reasonable periodic audits of Client’s compliance with this Addendum. Unless otherwise prohibited by applicable Laws, Client shall, for a minimum period of two (2) years, maintain copies of all Applicant screening disclosure/consent forms and, as applicable, all pre-adverse and adverse action notices. Client shall, upon reasonable advance notice, during its normal business hours, make available to AccuSourceHR and/or its Suppliers such documentation reasonably requested to demonstrate Client’s compliance with its obligations in this Addendum. If Client becomes aware of an audit initiated by a third-party involving AccuSourceHR’s Screening Reports or other services provided pursuant to this Addendum, Client shall provide AccuSourceHR prompt written notice of the audit. Client shall not provide access to its AccuSourceHR account or Screening Reports to any auditing party unless required to do so by applicable Laws or AccuSourceHR expressly consents to such access request. (g) Prohibition on Resale or Reuse of Reports. Client shall not, directly or indirectly, sell, transfer, disclose the contents of or distribute Screening Reports, in whole or in part, to any third-party (other than to the applicable Applicant or in conjunction with a Required Disclosure. Client shall use Screening Reports solely as an end-user, for a single, one-time use. (h) Adjudication Details and Responsibility. This Section 3(h) is only applicable if Client utilizes AccuSourceHR’s Concierge Adjudication Services, as described below and subject to applicable product/service specifications. If Client elects to obtain such services, Client shall provide AccuSourceHR with the criteria, guidelines and instructions established by Client for determining whether the information in an Applicant’s Screening Report satisfies Client’s eligibility criteria (“Adjudication Guidelines”). AccuSourceHR will apply Client’s Adjudication Guidelines to the Screening Report information reported by AccuSourceHR and then provide to Client a status that reflects the outcome of such application (“Concierge Adjudication Services”); provided, however, that AccuSourceHR will not apply any “does not meet” or equivalent final adverse status, which ultimately must be determined and applied by Client. If AccuSourceHR performs Concierge Adjudication Services on behalf of Client, AccuSourceHR’s sole responsibility will be to perform such services accurately in accordance with Client’s then-current Adjudication Guidelines provided to AccuSourceHR. Client represents and warrants to AccuSourceHR that the Adjudication Guidelines comply with all applicable Laws and acknowledges that Client is solely responsible for the creation and content of the Adjudication Guidelines and for ensuring such compliance on an ongoing basis. Client may update its Adjudication Guidelines from time to time by providing advance written notice to AccuSourceHR, and such updated Adjudication Guidelines will be effective upon AccuSourceHR’s written confirmation to Client. (i) Compliance Responsibility; No Legal Advice. Client acknowledges that AccuSourceHR will not render any opinions regarding Screening Report content, and Client shall base its screening processes, criteria, Adjudication Guidelines (if applicable) and decisions on its own policies, procedures and review of applicable Laws. Any consultation, training and/or sample forms (e.g., disclosure and authorization forms, and pre-adverse and adverse action notices) provided by AccuSourceHR are provided for informational purposes only, and not for the purpose of providing legal advice and/or Client’s reliance. CLIENT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR, AND FOR CONSULTING ON AN ONGOING BASIS WITH, ITS OWN LEGAL COUNSEL FAMILIAR WITH CLIENT’S LEGAL/REGULATORY OBLIGATIONS RELATED TO THE COMPLIANT PROCUREMENT AND USE OF SCREENING REPORTS AND OTHER SERVICES OBTAINED PURSUANT TO THIS ADDENDUM INCLUDING, WITHOUT LIMITATION (AND COLLECTIVELY DEFINED AS “CLIENT COMPLIANCE OBLIGATIONS”): FULFILLING ITS COMPLIANCE OBLIGATIONS IN THIS ADDENDUM; ENSURING THAT ITS DISCLOSURE AND AUTHORIZATION FORMS AND PROCESSES, ADJUDICATION GUIDELINES AND PROCESSES, PROFESSIONAL REFERENCE QUESTIONS AS PREPARED OR REQUESTED BY CLIENT, PRE-ADVERSE ACTION AND ADVERSE ACTION NOTICE FORMS AND SERIAL 250018-RFP PROCESSES, AND ALL OTHER PAPERWORK AND FORMS UTILIZED BY OR ON BEHALF OF CLIENT IN ITS HIRING AND APPLICANT SCREENING PRACTICES ARE APPROPRIATE FOR ITS USE AND IN COMPLIANCE WITH ALL APPLICABLE LAWS. CLIENT SHALL NOT ASSERT ANY CLAIM AGAINST ACCUSOURCEHR FOR, AND WAIVES LIABILITY AGAINST ACCUSOURCEHR FOR, ANY CLAIMS REGARDING OR ARISING OUT OF THE CLIENT COMPLIANCE OBLIGATIONS. (j) Applicant Information and Identity Verification. Client acknowledges that, in preparing Screening Reports, AccuSourceHR relies on the Applicant identifying information (such as, without limitation, name, date of birth, social security number or applicable national ID, and address) provided to AccuSourceHR by the Applicant and/or Client, as applicable. Client acknowledges that: (i) Client is responsible for confirming that the Applicant is who they claim to be; and (ii) Client is advised to review the completed Screening Report in comparison to the Applicant’s job application and I-9 information, if applicable, to ensure that the Applicant identifying information provided to and used by AccuSourceHR to prepare the Screening Report, as well any additional identifying information obtained by AccuSourceHR while preparing the Screening Report, matches the identifying information provided by the Applicant to Client. Client understands that: (i) erroneous or falsified Applicant identifying information may cause the Screening Report to be incomplete and/or inaccurate; and (ii) AccuSourceHR is not responsible for determining whether the identifying information submitted about the Applicant is erroneous or falsified. (k) Payment by Applicant; Client Responsibility for Non-Payment. At the direction of Client, when applicable, AccuSourceHR shall provide the ability for the Applicant to pay for his/her own Screening Report at the time the Applicant submits his/her Screening Report questionnaire. Such Applicant shall pay for Screening Reports using the Applicant’s credit card. In the event that such credit card is payment denied, the Applicant disputes the payment with the Applicant’s credit card issuer, or payment by the Applicant fails for any other reason, Client agrees that AccuSourceHR shall be entitled to request payment from Client through the invoicing process as agreed upon in the contract. (l) Client acknowledges and agrees that AccuSourceHR shall be Client’s exclusive background screening services provider and agrees not to use any same or similar services during the initial term and any renewal terms of the contract. (m) Use of Client’s Name, Logo, and Marks. With prior written approval from Client, AccuSourceHR may use Client’s logo, name, trademarks, and other marks for publicity and marketing purposes. 4. ACCUSOURCEHR OBLIGATIONS. (a) Compliance with FCRA and Other Applicable Laws. AccuSourceHR shall comply with all Laws applicable to AccuSourceHR in its preparation and transmission of Screening Reports and other services provided pursuant to this Addendum. (b) Service Performance; Service Revisions. Upon Client’s request, AccuSourceHR shall, in accordance with the terms of this Addendum, perform the services identified in the Scope of Services, included in the contract as Exhibit B, as may be amended by the parties from time to time (“Fee Schedule”). Client acknowledges that: (i) AccuSourceHR may fulfill its services under this Addendum through its affiliates, subsidiaries and subcontractors, provided, AccuSourceHR shall remain solely responsible for its obligations under this Addendum, and (ii) AccuSourceHR relies on the information furnished by Client, Client’s Applicants, and third-party information suppliers (“Suppliers”) when preparing Screening Reports. Client acknowledges that AccuSourceHR may, from time to time, modify, enhance and/or discontinue specific services. AccuSourceHR will use commercially reasonable efforts to provide notice to Client if a service will be discontinued or materially changed. (c) Training and Account Implementation. The fees set forth in the Fee Schedule include AccuSourceHR’s standard account implementation services and AccuSourceHR’s standard user-training as detailed in Attachment B. Client acknowledges that reasonable additional service support fees may apply if Client cancels scheduled training sessions without providing reasonable advance notice to AccuSourceHR or, upon written request by County, AccuSourceHR otherwise provides non-standard training to Client. (d) Data Privacy and Security. AccuSourceHR shall maintain commercially reasonable and appropriate technical, physical, administrative and other organizational precautions and security measures to protect Applicant data against AccuSourceHR’s accidental or unlawful destruction and unauthorized disclosure or access. AccuSourceHR is not responsible for disclosure or compromise of such data due to County’s acts or omissions, or otherwise resulting from use of Client’s Account User identification SERIAL 250018-RFP number(s) and password(s), due to no fault of AccuSourceHR. (e) Record Retention. Subject to Section 11(a), AccuSourceHR shall maintain Screening Report information for three (3) years from the Screening Report completion date, unless otherwise required or prohibited by applicable Laws. (f) Service Standards; Disclaimer of Warranty. ACCUSOURCEHR’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH THE TERMS OF THIS ADDENDUM. ACCUSOURCEHR WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH SCREENING REPORT, AND ACCUSOURCEHR WILL RE-VERIFY ANY DISPUTED SCREENING REPORT INFORMATION IN ACCORDANCE WITH APPLICABLE LAWS (COLLECTIVELY, “ACCUSOURCEHR COMPLIANCE OBLIGATIONS”). CLIENT ACKNOWLEDGES THAT ACCUSOURCEHR IS NEITHER AN INSURER NOR GUARANTOR OF THE ACCURACY, RELIABILITY, VALIDITY, DEPTH OR COMPLETENESS OF THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND IS OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD-PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF ACCUSOURCEHR AND MAY NOT ALWAYS BE ACCURATE, CONSISTENT, VALID OR COMPLETE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ADDENDUM, ACCUSOURCEHR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NONINTERRUPTION OF SYSTEM USE. (g) Matching and Reporting Guidelines. Client acknowledges that in performing its services under this Addendum, AccuSourceHR follows certain internally developed and defined record matching and reporting guidelines designed for AccuSourceHR to meet its accuracy and compliance obligations (collectively, “Reporting Guidelines”). The Reporting Guidelines are subject to change from time to time in AccuSourceHR’s sole discretion (subject to AccuSourceHR’s compliance with applicable Laws). AccuSourceHR makes a summary of such Reporting Guidelines available to Client upon written request. The Reporting Guidelines constitute AccuSourceHR’s Confidential Information and are made available to Client only for its use in understanding AccuSourceHR’s Reporting Guidelines. Unless otherwise required by applicable Law or by a court order from a court with competent jurisdiction, any further distribution of the Reporting Guidelines by County is strictly prohibited. (h) Professional Reference Services. If Client engages AccuSourceHR to perform Investigative consumer reports, AccuSourceHR’s sole responsibility in fulfilling such services will be to: (i) accurately convey to the party providing the reference (“Reference Provider”) the reference questions provided or selected by Client; and (ii) accurately convey the Reference Provider’s responses to Client’s reference questions, subject to adjustments AccuSourceHR determines in good faith are necessary or advisable to ensure AccuSourceHR’s compliance with applicable Laws in conveying such responses. 5. Intentionally Omitted. 6. CONTINGENT WORKFORCE SCREENING. This Section 6 is only applicable if Client uses AccuSourceHR’s Contingent Workforce Screening services, as outlined below. Upon execution by Client’s authorized third-party vendor(s) (each, a “Vendor”) of AccuSourceHR’s Master Service Agreement, AccuSourceHR shall furnish to Vendors, upon their request, Screening Reports with respect to the Vendor’s own applicants or employees (each, a “Vendor Applicant”) who are being evaluated to provide services on behalf of the Vendor to Client. Subject to the Vendor’s consent, and at Client’s request, AccuSourceHR will provide Client with system access to the Vendor Applicant Screening Reports solely for purposes of auditing and, if applicable, adjudicating the results thereof to determine the Vendor Applicant’s eligibility to perform contracted services for Client. Client shall not use the Vendor Applicant Screening Reports for any other purpose. Client shall comply with all applicable Laws and the terms of this Addendum and the Certifications in Section 2 (including, without limitation, with respect to the access, retention, destruction and use of the Vendor Applicant Screening Reports). Client and Vendor shall consult and facilitate with each other to provide proper Vendor Applicant disclosure and obtain proper Vendor Applicant consent and, as applicable, determine if and when an “adverse action(s)” (within the meaning of the FCRA or other applicable Laws) has occurred or will occur in relation to Vendor Applicant Screening Reports and, in such event, determine which party or parties (i.e., Client and/or Vendor) shall provide the Vendor Applicant with appropriate pre- SERIAL 250018-RFP adverse action and adverse action notifications, as applicable and in accordance with applicable Laws. AccuSourceHR will configure the Vendor’s screening packages in accordance with Client’s instructions provided to AccuSourceHR from time to time. Unless otherwise agreed by the parties in writing, AccuSourceHR’s fees for the Vendor Applicant Screening Reports will correspond to Client’s fees set forth in this Addendum, and unless Client has expressly agreed in writing to assume the fees for the Vendor Applicant Screening Reports, AccuSourceHR will bill the Vendor directly for such services and Client shall not be responsible for such fees. Client’s continued system access privileges (if any) to the Vendor Applicant Screening Reports will cease upon expiration or earlier termination of this Addendum. Client acknowledges that, due to statutory and/or contractual obligations and restrictions, some AccuSourceHR services may not be available through an Contingent Workforce Screening relationship and, of those that are available, some may require additional paperwork from Client and/or Vendor. 7. Intentionally Omitted. 8. MOTOR VEHICLE REPORTS; ALIAS/ADDRESS HISTORY SERVICES; IMMUNIZATION TRACKING SERVICES; ASSESSMENT TESTING; SOCIAL MEDIA SCREENING; PROFESSIONAL SERVICES. (a) Motor Vehicle Reports. Client acknowledges that motor vehicle reports (“MVRs”) and related information are considered Screening Reports for purposes of this Addendum. If Client requests MVRs or related information from AccuSourceHR under this Addendum, then Client further represents and agrees that: (i) it is qualified to do business and validly holds all licenses required to operate Client’s business in all states where Client conducts business and/or has employees; (ii) it will comply with all applicable Laws related to the procurement and use of MVRs, including, without limitation, the FCRA and the Driver’s Privacy Protection Act, 18 U.S.C. §2721 et seq. (“DPPA”), and any related state laws; (iii) it will not use the MVRs to build its own database; (iv) it will, from time to time upon AccuSourceHR’s request, execute paperwork required by applicable state Departments of Motor Vehicles and/or other data sources for Client’s access to MVRs; and (v) it will not transmit any data contained in any MVR via public internet, electronic mail, or any other unsecured means. Client certifies that no MVRs shall be ordered without first obtaining the written consent of the consumer to obtain “driving records,” evidence of which shall be transmitted to AccuSourceHR in the form of the consumer’s signed release authorization form. Client also certifies that it will use this information only in the normal course of business to obtain lawful information relating to the holder of a commercial driver’s license or to verify information provided by an applicant or employee. (b) Alias/Address History Services. AccuSourceHR has obtained limited license rights to provide to its clients certain “nonpublic personal information” (“Alias/Address History Services”) as defined in and regulated by the Gramm-Leach-Bliley Act (15 U.S.C. §6801, et seq.) and related state laws (collectively, “GLBA”). Alias/Address History Services include, but are not limited to, data regarding an Applicant’s residential address history and “Alias” names that might have been used by the Applicant. Alias/Address History Services do not include consumer credit information or other types of information subject to the permissible purposes set forth in the FCRA. Even if Client orders Alias/Address History Services, Client acknowledges that it must separately and additionally order AccuSourceHR’s AKA Search product if Client wants AccuSourceHR to perform additional searches based on the Alias name information obtained with the Alias/Address History Services; otherwise, AccuSourceHR will search using only the Applicant’s name as provided to AccuSourceHR by Client or its Applicant, as applicable. If Client obtains Alias/Address History Services from AccuSourceHR, Client shall comply with the following requirements and restrictions (which are based on statutory and/or Supplier requirements): (i) Client will not, directly or indirectly, sell, transfer, disclose the contents of or distribute Alias/Address History Services, in whole or in part, to any third-party (other than to the applicable Applicant), and Client shall use the Alias/Address History Services solely as an end-user, for a single, one-time use with respect to an Applicant; (ii) Client’s sole purpose for requesting Alias/Address History Services will be to verify the accuracy and completeness of information provided to Client by the Applicant in connection with the transaction pursuant to which the Applicant authorized Client to obtain a report regarding the Applicant; (iii) Client will limit its use of Alias/Address History Services to the foregoing stated purpose; (iv) Client will take appropriate measures so as to protect against the misuse of the Alias/Address History Services; (v) Client will not use any information obtained in connection with the Alias/Address History Services, in whole or in part, for the purpose of serving as a factor in determining the Applicant’s eligibility for credit, insurance, employment or any other product, service or transaction not authorized in this paragraph; and (vi) Client will not use the information provided in connection with the Alias/Address History Services for any purpose that would violate the Privacy Rule, 16 CFR Part SERIAL 250018-RFP 313, implemented pursuant to the GLBA, or any other provisions of the GLBA or other applicable law, rule, or regulation. For clarification, this Section 8(c) does not restrict Client’s right to use information in Screening Reports (other than Alias/Address History Services data) for determining an Applicant’s employment eligibility in accordance with this Addendum. (c) Social Media Screening. In the event Client wishes to obtain AccuSourceHR’s Social Media Screening Services pursuant to this Addendum, the parties may be required to execute additional paperwork addressing statutory and/or contractual obligations and restrictions. (d) Professional Services. Unless otherwise expressly stated in Attachment B, the Scope of Services and Fee Schedule correspond to AccuSourceHR’s standard technology, product and service offerings, and exclude any customized technology development, training, reporting, product features and service levels. Should Client request (and AccuSourceHR agree to provide) such customization, the parties shall set forth the corresponding terms and fees in a mutually acceptable written statement of work, addendum or amendment. 9. AFFILIATE ORDERING RIGHTS. Upon AccuSourceHR receiving authorization from Client in a form reasonably acceptable to AccuSourceHR, AccuSourceHR will permit an Affiliate of Client to order AccuSourceHR’s services under the same terms and conditions as this Addendum, provided that: (i) the Affiliate is neither an existing customer nor a competitor of AccuSourceHR, (ii) the Affiliate satisfies AccuSourceHR’s standard account access credentialing requirements, and (iii) the Affiliate and/or Client, as applicable, execute a mutually acceptable “join-on” Addendum, “letter of authorization,” or equivalent, that binds the Affiliate to the terms of this Addendum, and includes a compliance certification from Affiliate reasonably acceptable to AccuSourceHR. For purposes of this provision, “Affiliate” means any entity controlling, controlled by or under common control with Client. 10. LIMITATION OF LIABILITY AND LEGAL COMPLIANCE AND ADVICE. AccuSourceHR, its successors and assigns, officers, directors, employees, affiliates, representatives, agents, contractors, vendors, credit bureaus and Suppliers shall have no liability forany third-party claims, demands, suits, judgments, actual damages, costs, expenses, losses and liabilities, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”) brought or suffered by any third-party arising or resulting from, or otherwise in connection with Client’s use of the Screening Reports provided by AccuSourceHR, the content, compliance, method of delivery or effectiveness of any notices, pre-adverse or adverse action letters, any breach by Client of any of its representations, warranties, or certifications in this Addendum or Client’s negligence or willful misconduct. AccuSourceHR does not guarantee Client’s compliance with all applicable laws in its use of reported information and does not provide legal or other compliance related services upon which Client may rely in connection with its furnishing of reports. Client understands that any documents, information, conversations or communication with AccuSourceHR’s representatives regarding searches, verifications or other services offered by AccuSourceHR are not to be considered a legal opinion regarding such use. Client agrees that (1) it will consult with its own legal or other counsel regarding the use of background screening information, including but not limited to, the legality of using or relying on reported information and to review any forms as well as the content of prescribed notices, adverse or pre-adverse action letters and any attachments to for compliance with all applicable laws and regulations and (2) the provision of such notices, pre-adverse or adverse action letters and the contents thereof is the sole responsibility of Client, not AccuSourceHR. Client acknowledges and agrees that it has no obligation to use and is solely responsible for independently vetting the contents of, any sample forms that AccuSourceHR has provided to Client in connection with this Addendum. 11. ACCOUNT DEACTIVATION. (a) Access to Screening Reports. Following the expiration or termination of AccuSourceHR and Client’s executed contract and this Addendum, AccuSourceHR will provide Client with a reasonable time frame to: (i) download for its records copies of its Applicant Screening Reports, and/or (ii) obtain from AccuSourceHR, at AccuSourceHR’s then-current fee, copies of Client’s Applicant Screening Reports. Thereafter, AccuSourceHR shall have no further duty to maintain copies of Applicant Screening Reports for access by Client. SERIAL 250018-RFP (b) Account Deactivation. Client acknowledges that if Client is determined at any time not to meet AccuSourceHR’s standard client credentialing requirements and as a result Client’s account is not activated, or is subsequently deactivated, then any prior charges incurred related to Client’s account, whether for account set-up registration or for pending or completed orders, shall be promptly paid to AccuSourceHR by Client. AccuSourceHR may suspend or deactivate Client’s account(s) in the event Client does not place any orders under its account(s) for an extended period of time, as determined in accordance with AccuSourceHR’s standard account policies. 12. Intentionally Omitted. SERIAL 250018-RFP Exhibit G, Attachment A Client Compliance Certification with Information Access & Security Requirements Information Access & Security Requirements 1. Client shall protect its AccuSourceHR Account User identification number(s) and password(s) (“Account User IDs”) so that only key Client personnel with an authorized need-to-know this sensitive information are given the ability to order and access Screening Reports. Client shall not post or otherwise publicly display its Account User IDs. If a person who knows the Account User IDs leaves Client’s company or no longer needs to have access due to a change in duties, Client shall immediately change such Account IDs. 2. Client shall place all terminal devices or systems used to obtain Screening Reports in a secure location within Client’s facility so that unauthorized persons cannot easily access them. After normal business hours or when left unattended, Client shall turn off and/or lock all such devices or systems used to order and/or access Screening Reports. 3. Client shall not discuss AccuSourceHR Account User identification number(s) and password(s) (“Account User IDs”) by telephone with any unknown caller, even if the caller claims to be an employee of AccuSourceHR. 4. Client shall secure hard copies and electronic files of Screening Reports within Client’s facility so that only authorized personnel can access them. 5. Client shall shred or otherwise permanently destroy all hard copy Screening Reports when no longer needed and when applicable Laws or regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees. 6. Client shall erase and overwrite or scramble electronic files containing Screening Reports and Applicant information when no longer needed and when applicable Laws or regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees. 7. Client shall make all appropriate Client personnel aware that Client and its authorized personnel are allowed to order and use Screening Reports only for the permissible purpose(s) set forth in the Addendum, and that Client personnel shall not order or access their own reports nor order or access the report of a family member or friend unless it is approved for the permissible purposes authorized in, and conducted in accordance with the Addendum.