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CONTRACT FOR TRAFFIC STOP ANALYSIS
This Contract is entered into this 21st day of August, 2024 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and The CNA Corporation, a Virginia corporation (“Contractor”)
for the purchase of Traffic Stop Analysis for the Maricopa County Sheriff’s Office (MCSO).
1.0
CONTRACT TERM
1.1
This Contract is for a term of one year, beginning on the 1st day of September, 2024 and
ending the August 31, 2025.
1.2
The County, in consultation with the Sheriff, may, at its option and with the agreement of
the Contractor, renew the term of this Contract for additional terms up to a maximum of
five additional years, (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 County shall notify the
Contractor in writing of its intent to extend the Contract term at least 60 calendar days prior
to the expiration of the original contract term, or any additional term thereafter. Rates for
the original term and option years are identified in Exhibit A-1.
1.3
CONTRACT COMPLETION
The Contractor shall make all reasonable efforts for an orderly transition of its duties and
responsibilities to another provider and/or to the County. This may include but is not limited
to the preparation of a transition plan and cooperation with the County or other providers
in the transition. The transition includes the transfer of all records, and other data in the
possession, custody or control of Contractor required to be provided to the County either
by the terms of this agreement or as a matter of law. The provisions of this clause shall
survive the expiration or termination of this agreement.
2.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted sixty (60) calendar days prior to
the Contract expiration. Requests for adjustment in cost of labor and/or materials must be
supported by appropriate documentation. The reasonableness of the request will be determined
by comparing the request with the Consumer Price Index or by performing a market survey. If
County agrees to the adjusted price terms, County shall issue written approval of the change and
provide an updated version of the Contract. The new change shall not be in effect until the date
stipulated on the Contract.
3.0
PAYMENTS
3.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit “A.”
3.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
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3.3
INVOICES
3.3.1
The Contractor shall submit one (1) 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
•
County bill-to name and contact information
•
Contract Serial Number
•
County Purchase Order number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity (number of days or weeks)
•
Contract Item number(s)
•
Description of Purchase (personnel, consulting and/or travel)
•
Pricing per unit of purchase
•
Extended price
•
Total Amount Due
3.3.2
Problems regarding billing or invoicing shall be directed to the Department as listed
on the Purchase Order.
3.3.3
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After Contract Award the Contractor shall complete the
Vendor Registration Form located on the County Department of Finance Vendor
Registration Web Site (https://www.maricopa.gov/5169/Vendor-Information).
3.3.4
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.3.5
EFT payments to the routing and account numbers designated by the Contractor
will include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.4
APPLICABLE TAXES
3.4.1
It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their pricing. The legal liability to remit the tax is on the
entity conducting business in Arizona.
3.4.2
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. You may also find
information at https://www.azdor.gov/Business.aspx.
3.4.3
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 a 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).
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3.5
STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the $AVE Cooperative Purchasing Agreement, and with the
concurrence of the successful Respondent under this solicitation, a member of $AVE may
access a contract resulting from a solicitation issued by the County.
3.6
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
County currently holds ICPA’s 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 procurement rules, processes and procedures.
4.0
AVAILABILITY OF FUNDS
4.1
The provisions of this Contract relating to payment for services shall become effective
when funds assigned for the purpose of compensating the Contractor as herein provided
are actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this Contract. County shall keep the
Contractor fully informed as to the availability of funds.
4.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this Contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this Contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this Contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this Section, at least ten (10) business days in advance.
5.0
DUTIES
5.1
The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in
writing by the Procurement Officer, in consultation with MCSO.
5.2
During the Contract term, County may provide Contractor’s personnel with adequate
workspace for consultants and such other related facilities as may be required by
Contractor to carry out its contractual obligations.
5.3
Press Releases and Public Announcements: The Contractor shall not issue any press
releases or make any public announcements related to the subject matter of this contract,
or any transactions contemplated by this contract, without the prior written approval of the
County, in consultation with MCSO. The Contractor’s Project Director and lead analyst
shall ensure that all Contractor staff and subcontractors are notified of this provision. If the
Contractor has a good faith belief that disclosure is required by law, the Contractor will use
its best efforts to advise the County prior to making the disclosure.
6.0
TERMS AND CONDITIONS
6.1
INDEMNIFICATION
6.1.1
To the fullest extent permitted by law, and to the extent that claims, damages,
losses or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend indemnify and hold harmless the County
(as Owner), its agents, representatives, agents, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including,
but not limited to attorneys' fees, court costs, expert witness fees, and the costs
and attorneys' fees for appellate proceedings) arising out of, or alleged to have
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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.
6.1.2
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 there from, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Contract, but only
to the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, any one directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
6.1.3
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this paragraph.
6.1.4
The scope of this indemnification does not extend to the sole negligence of County.
6.2
INSURANCE
6.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the
State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of
State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies, which are authorized to do business in the State of
Arizona, provided that said insurance companies meet the approval of County. The
form of any insurance policies and forms must be acceptable to County.
6.2.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this Contract.
6.2.3
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.
6.2.4
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
6.2.5
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.
6.2.6
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.
6.2.7
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.
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6.2.8
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.
6.2.9
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.
6.2.10 Commercial General Liability
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate
Limit. The policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which would
serve to limit third party action over claims. There shall be no endorsement or
modifications of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
6.2.11 Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily injury and
property damage of not less than $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.
6.2.12 Workers’ Compensation
6.2.12.1 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.
6.2.12.2 Contractor, its contractors and its subcontractors waive all rights against
Contract and its agents, officers, directors and employees for recovery
of damages to the extent these damages are covered by the Workers’
Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor, its contractors and its subcontractors
pursuant to this Contract.
6.2.13 Certificates of Insurance
6.2.13.1
Prior to Contract award, Contractor shall furnish the County with valid
and complete certificates of insurance, or formal endorsements as
required by the Contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title.
6.2.13.2
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.
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6.2.13.3
If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County fifteen (15) calendar days prior to the
contract expiration date.
6.2.13.4
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
6.2.14 Cancellation and Expiration Notice
Applicable to all insurance policies required within the Insurance Requirements of
this Contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without thirty
(30) days prior written notice to Maricopa County. Contractor must provide to
Maricopa County, within two (2) business days of receipt, if they receive notice of
a policy that has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly to
Maricopa County Office of Procurement Services and shall be mailed or hand
delivered to 301 W Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the
Procurement Officer noted in the solicitation.
6.3
FORCE MAJEURE
6.3.1
Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this Contract if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes will include Acts of God/Nature
(including fire, flood, earthquake, storm, hurricane or other natural disaster), war,
invasion, act of foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, interruption or failure of electricity or
telecommunication service.
6.3.2
Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
6.3.3
The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
6.4
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).
6.5
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
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6.5.1
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.
6.5.2
Contractors agree to accept verbal notification of cancellation of Purchase Orders
from the County Procurement Officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
6.6
PURCHASE ORDERS
6.6.1
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.
6.6.2
Contractors agree to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
6.7
BACKGROUND CHECK
Contractors need to be aware that there may be multiple background checks (MCSO,
County Attorney's Office, Courts as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to
(but is not limited to) the Contractor, subcontractors and employees.
6.8
SUSPENSION OF WORK
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or
interrupt all or any part of the work of this contract for the period of time that the
Procurement Officer determines appropriate for the convenience of the County. No
adjustment shall be made under this clause for any suspension, delay, or interruption to
the extent that performance would have been so suspended, delayed, or interrupted by
any other cause, including the fault or negligence of the Contractor. No request for
adjustment under this clause shall be granted unless the claim, in an amount stated, is
asserted in writing as soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the Contract.
6.9
STOP WORK ORDER
6.9.1
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 ninety (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 is delivered to the Contractor, or within any
extension of that period to which the parties shall have agreed, the Procurement
Officer shall either:
6.9.2
Cancel the stop work order; or
6.9.3
Terminate the work covered by the order as provided in the Default, or the
Termination for Convenience clause of this Contract.
6.9.4
The Procurement Officer may make an equitable adjustment in the delivery
schedule and/or Contract price, or otherwise, and the Contract shall be modified,
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in writing, accordingly, if the Contractor demonstrates that the stop work order
resulted in an increase in costs to the Contractor.
6.10
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
6.11
TERMINATION FOR DEFAULT
6.11.1 The County may, by written notice of default to the Contractor, terminate this
Contract in whole or in part if the Contractor fails to:
6.11.1.1 Deliver the supplies or to perform the services within the time specified
in this Contract or any extension;
6.11.1.2 Make progress, so as to endanger performance of this Contract; or
6.11.1.3 Perform any of the other provisions of this Contract.
6.11.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within ten (10) business days
(or more if authorized in writing by the County) after receipt of the notice from the
Procurement Officer specifying the failure.
6.12
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract
without penalty or further obligation within three years after execution of the Contract, if
any person significantly involved in initiating, negotiating, securing, drafting or creating the
Contract on behalf of the County is at any time while the Contract or any extension of the
Contract is in effect, an employee or agent of any other party to the Contract in any capacity
or consultant to any other party of the Contract with respect to the subject matter of the
Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting or creating the Contract on behalf of the County from any other party to
the Contract arising as the result of the Contract.
6.13
CONTRACTOR LICENSE REQUIREMENT
The Contractor shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The Contractor shall keep fully informed of existing and
future trade or industry requirements, Federal, State and Local laws, ordinances, and
regulations which in any manner affect the fulfillment of a Contract and shall comply with
the same. Contractor shall immediately notify both Office of Procurement Services and the
Department of any and all changes concerning permits, insurance or licenses.
6.14
SUBCONTRACTING
6.14.1 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 Contract Number and identify the job project.
6.14.2 The subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s
rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb
any higher rates or the County has approved the increase. The subcontractor’s
invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-
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through the costs to the County, without mark-up. A copy of the subcontractor’s
invoice must accompany the Prime Contractor’s invoice.
6.15
AMENDMENTS
All amendments to this Contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
6.16
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.
6.17
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.
6.18
VALIDITY
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect
the validity of any other provision of the Contract.
6.19
SEVERABILITY
The removal, in whole or in part, of any provision of this Contract shall not void or affect
the validity of any other provision of this Contract.
6.20
RIGHTS IN DATA
6.20.1 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.
6.20.2 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.
6.21
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf)
6.22
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
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6.22.1 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:
6.22.1.1 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;
6.22.1.2 have not within a three-year period preceding this contract:
6.22.1.2.1 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
6.22.1.2.2 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;
6.22.1.3 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;
6.22.1.4 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
6.22.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
6.22.2 Any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
6.22.3 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.
6.23
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
6.23.1 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
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employee’s employment or at least three (3) years, whichever is longer. I-9 forms
are available for download at USCIS.GOV.
6.23.2 The County retains the legal right to inspect Contractor and subcontractor
employee documents performing work under this Contract to verify compliance
with paragraph 6.23.1 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.
6.24
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
6.25
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
6.25.1 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 (6) years after final payment or until after the
resolution of any audit questions which could be more than six (6) years, whichever
is latest. The County, Federal or State auditors and any other persons duly
authorized by the Department shall have full access to, and the right to examine,
copy and make use of, any and all said materials.
6.25.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this Contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
6.26
AUDIT DISALLOWANCES
If at any time, County determines that a cost for which payment has been made is a
disallowed cost, such as overpayment, County shall notify the Contractor in writing of the
disallowance. County shall also state the means of correction, which may be but shall not
be limited to adjustment of any future claim submitted by the Contractor by the amount of
the disallowance, or to require repayment of the disallowed amount by the Contractor.
6.27
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.
6.28
CONFIDENTIAL INFORMATION
6.28.1 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.
SERIAL 240189-CI
6.28.2 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 calendar
days of the written request to do so.
6.28.3 Any requests to the Contractor for County proprietary or confidential information s
shall be referred to the County for review and approval, prior to any dissemination.
6.29
PUBLIC RECORDS
Under Arizona law, all contracts are public records and must be retained by the Records
Manager at the Office of Procurement Services. Contracts shall be open to public
inspection and copying after Contract award and execution, except for such Contracts or
sections thereof determined to contain proprietary or confidential information by the Office
of Procurement Services.
6.30
PRICES
Contractor warrants that prices extended to County under this Contract are no higher than
those paid by any other customer for these or similar services.
6.31
INTEGRATION
This Contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, express or implied.
6.32
RELATIONSHIPS
6.32.1 In the performance of the services described herein, the Contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
6.32.2 The County reserves the right of final approval on proposed staff for all Task
Orders. Also, upon request by the County, the Contractor will be required to
remove any employees working on County projects and substitute personnel
based on the discretion of the County within Two (2) business days, unless a
different time period was previously approved by the County.
6.33
FORCED LABOR
6.33.1 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.
6.33.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
6.40.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
SERIAL 240189-CI
6.40.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
6.40.2.3 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.
6.33.3 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.
6.34
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.
6.35
GOVERNING LAW
This Contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this Contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
6.36
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this Contract and Contractor’s license
agreement, if applicable, the terms of this Contract shall prevail.
6.37
INFLUENCE
6.37.1 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.
6.37.2 An attempt to influence includes, but is not limited to:
6.37.3 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type of valuable contribution
or subsidy,
6.37.4 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.
6.37.5 If a Person attempts to influence any employee or agent of Maricopa County, the
Chief Procurement Officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
6.38
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
SERIAL 240189-CI
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.
6.39
CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa County Procurement
Code, MCI-906
6.40
INCORPORATION OF DOCUMENTS
6.40.1 The following are to be attached to and made part of this Contract
6.40.1.1 Exhibit A, Contractor Information
6.40.1.2 Exhibit A-1, Budget Detail/Pricing
6.40.1.3 Exhibit B, Scope of Work
6.40.1.4 Exhibit B-1, Contractor Delivery of Services
6.40.1.5 Exhibit C, Office of Procurement Services Contractor Travel and Per
Diem Policy
NOTICES
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
310 W Jefferson St. Suite 700
Phoenix, Arizona 85003-2494
For MCSO:
Maricopa County Sheriff Paul Penzone
550 West Jackson Street
Phoenix, Arizona 85003
For Contractor:
The CNA Corporation
3003 Washington Boulevard
Arlington, Virginia 22201
6.41
INQUIRIES
6.41.1 Administrative telephone/email inquiries shall be addressed to:
KENDALL SMALL, PROCUREMENT OFFICER
TELEPHONE: (602) 506-2761
kendall.small@maricopa.gov
6.41.2 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 240189-CI
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
Suda Somvang Contracts Manager
PRINTED NAME AND TITLE
3003 Washington Blvd; Arlington, VA 22201
ADDRESS
DATE
MARICOPA COUNTY
CHIEF PROCUREMENT OFFICER,
DATE
OFFICE OF PROCUREMENT SERVICES
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
08/02/2024
SERIAL 240189-CI
EXHIBIT A
CONTRACTOR INFORMATION
SERIAL 240189-CI
NIGP CODE:
92022, 95670
RESPONDENT'S NAME:
The CNA Corporation
COUNTY VENDOR NUMBER:
ADDRESS:
3003 Washington Boulevard, Arlington, Virginia 22201
P.O. ADDRESS:
TELEPHONE NUMBER:
703-824-2000, 2098
FACSIMILE NUMBER:
703-824-2903
WEB SITE:
www.cna.org
CONTACT (REPRESENTATIVE):
(703-824-2082) Edward C. Gibson
REPRESENTATIVE'S E-MAIL ADDRESS:
contracts@cna.org; Gibsone@cna.org
YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS
CONTRACT:
[X]
PAYMENT TERMS:
[X] NET 30 DAYS
SERIAL 240189-CI
EXHIBIT A-1
BUDGET DETAIL/PRICING
Period of Performance:
CNA has estimated the budget for a one (1) year period of performance.
CNA Budget Ceiling: $250,000
BUDGET DESCRIPTION
Zoë Thorkildsen and Dr. Kenneth Novak will serve as Project Co-Directors. They will oversee all
aspects of the traffic stop analysis, to include overall project direction, oversight, and ultimate
responsibility for all project deliverables. They will oversee the work of the other statistical
analysts, to include assigning tasks and reviewing draft deliverables. They will ensure all analysis
and deliverables adhere to the highest standards and best practices and are created using
unbiased and fair-minded methods. They will also provide review of all drafts and final versions
of project deliverables, and ensure the timely completion of all project tasks. Ms. Thorkildsen and
Dr. Novak will commit approximately 15-20% of their time to this project.
Dr. Bryce Peterson, Dr. Cait Kanewske, and Jennifer Lafferty will serve as Analysts. Analysts will
primarily support data preparation and cleaning activities, as well as contributing to reports under
the supervision of the Project Director. They will also support the development of automated data
cleaning and analysis procedures in statistical packages as appropriate for their skillsets. Analysts
will dedicate approximately 10-15% of their time to this project.
Rebekah Yang and Dorothy Morgan will serve as Excel programming support, and Isaac Schmidt
will serve as statistical programming support. They will support the project as needed, up to 200
hours per year.
Dr. James “Chip” Coldren and Dr. Brittany Cunningham will serve as quality assurance experts.
They will review all deliverables to review methodology and report development. They will
dedicate up to 80 hours to this project.
Sarah Lysaker, Al Stovall, Michelle McSweeney, Laura Woodroofe, and Hannah Bormann will
serve as Editors. They will copy-edit all deliverables to ensure they are free from errors and use
clear and understandable language. They will dedicate up to 120 hours to this effort, concentrated
around report delivery.
Lola Omotoye will provide financial and project management support. She will ensure that project
activities are executed within budget and the scope of work. She will dedicate 20 hours to this
effort, evenly distributed over the period of performance.
SERIAL 240189-CI
Personnel Hourly Costs
CNA is proposing the following rates as they apply to this contract.
Cost Proposal Dated:
July 23, 2024
Period of
Performance:
9/1/2024
8/31/2025
Employee
CNA Labor
Cat
Year 1
Rate
Year 2
Rate
Year 3
Rate
Year 4
Rate
Year 5
Rate
Thorkildsen,
Zoe K
Director of
Development
Initiatives
$285.01
294.09
$302.95
$311.95
$322.71
Novak,
Kenneth J
PHD
Assistant
Director
$218.64
225.67
$232.93
$240.32
$248.68
Peterson,
Bryce E
Senior
Research
Scientist
$208.44
215.13
$222.05
$229.11
$237.06
Kanewske,
Laura C
Research
Scientist
$218.06
224.96
$231.77
$238.60
$246.86
Lafferty,
Jennifer M
Senior
Research
Scientist
$269.16
277.71
$286.11
$294.59
$304.78
Yang,
Rebekah Y
Systems
Engineer IV
$180.77
186.60
$192.59
$198.73
$205.62
Morgan,
Dorothy L
Research
Scientist
$158.00
163.03
$168.27
$173.65
$179.68
Schmidt,
Isaac A
Research
Analyst
$179.44
185.13
$190.72
$196.40
$203.19
Coldren,
James R Jr.
Managing
Director
$292.28
301.68
$311.36
$321.26
$332.46
Cunningham,
Brittany C
Assistant
Director
$289.12
298.33
$307.33
$316.44
$327.40
Lysaker,
Sarah
Editor
$188.34
194.30
$200.20
$206.14
$213.26
Stovall, Alfred
Copy Editor
$125.38
129.39
$133.28
$137.23
$141.98
McSweeney,
Michelle
Research
Publications
Director
$336.67
347.37
$357.85
$368.49
$381.19
Woodroffe,
Laura
Editor
$133.16
137.43
$141.85
$146.37
$151.45
Bormann,
Hannah
Publications
Coordinator
$132.47
136.70
$140.80
$144.99
$150.00
Omotoye,
Titilola O
Project
Control
Analyst
$191.28
197.38
$203.35
$209.39
$216.59
SERIAL 240189-CI
Travel:
CNA personnel will travel to MCSO as needed for on-site meetings, data collection efforts, kickoff
and other project administration meetings, and training and technical assistance delivery. CNA
personnel will travel upon request and can accommodate up to 4 trips with multiple personnel on-
site within our budget ceiling. Travel is part of the hourly rate consideration so will be billed as an
additional cost and General and Administrative (G&A) may be applied.
Assumed average travel costs to MCSO are as follows (and reflect federal per diem rates for
MI&E):
•
Airfare: $500 per trip, per person
•
Lodging: $133 per day, per person
•
Meals and Incidentals: $59 per day, per person
•
Other miscellaneous expenses: $25 per day, per person
Other Costs: None
ASSUMPTIONS
None.
OTHER ADMINISTRATIVE DATA
The proposal is valid for 180 days from date of submission.
AUTHORITY TO CONDUCT NEGOTIATIONS:
Edward C. Gibson, Director of Contracts & Procurement has the authority to conduct negotiations
and execute the contract. He can be reached at 703-824-2082 or gibsone@cna.org.
COMMITMENTS
CNA does not have any commitments that would interfere with the completion of work and/or
services contemplated under this proposal.
SERIAL 240189-CI
EXHIBIT B
SCOPE OF WORK
2.0
SCOPE OF WORK
2.1
TRAFFIC STOP DATA ANALYSIS
2.1.1
Conduct simple and complex statistical analyses testing various methods of
determining whether biased based policing is or is not occurring.
2.1.2
Assisting with the preparation of data from multiple data sources within Maricopa
County Sheriff’s Office (MCSO) for use in data traffic stop analyses described in
this scope of work.
2.1.3
Support the development and implementation of weekly data traffic stop analysis
and related reports; to include methodology and analytical strategies upon request.
2.1.4
Support the development and implementation of monthly data traffic stop analysis
and related reports; to include methodology and analytical strategies upon request.
2.1.5
Assist with development and implementation of quarterly data traffic stop analysis
and related reports; to include methodology and analytical strategies.
2.1.6
Assist with development and implementation of annual data traffic stop analysis
and related reports; to include methodology and analytical strategies.
2.1.7
Use appropriate and mutually agreed upon statistical techniques and produce
standardized reports and special topic reports as requested by the (MCSO).
2.1.8
Possess expertise with and utilize one or more major statistical software packages,
such as SAS, SPSS, GAUSS, R, and STATA.
2.1.9
Possess expertise with and utilize geographic information software for conducting
special and geographic analyses for implementation of data traffic stop analyses
and related reports.
2.2
INTERNAL BENCHMARKING
2.2.1
Assist and collaborate with the MCSO to identify, review, or update current
benchmark methodologies and implementation pertaining to racial and ethnic
disparities in relation to the traffic stop data.
2.3
REPORT BUILDING
2.3.1
Present the information in the traffic stop analysis reports and other special studies
that may be required in a manner that minimizes the risk of misinterpretation or
manipulation, and present the traffic stop data in the most accurate and
professionally responsive manner possible.
2.3.2
Clearly explain methods and rationality in which the traffic stop analysis is similar
to or otherwise differs from previous studies and other various project components.
2.3.3
Provide weekly, monthly, quarterly, and annual analyses methodologies, syntax
construction, data cleaning and quality assurance measures.
2.3.4
Provide traffic stop data files used in weekly, weekly, monthly, quarterly, and
annual analyses methodologies to MCSO.
2.3.5
Use language that is applicable, unambiguous, and understandable.
SERIAL 240189-CI
2.4
INFORMATION SHARING AND COMMUNICATION OF CHANGES
2.4.1
Provide the MCSO with all syntax pertaining to data audits and analysis creation.
2.4.2
Provide the MCSO with all analyses and data audit methodologies.
2.4.3
Create and implement a change control process to capture, catalog and
communicate potential changes related to the data analysis project.
2.4.4
Create a process to manage, document, and communicate to MCSO the timing of
changes, help to understand the impact of the change and a post-implementation
assessment of the change.
2.4.4.1 Identification of change
2.4.4.2 When the change was performed
2.4.4.3 What the change was
2.4.4.4 Impact of the change
2.4.4.5 Proposed strategies to minimize the change impact
2.4.5
Communicate modifications made to methodologies, data collection and data
syntaxes prior to execution and reporting.
2.4.6
If analysis software tools are used, that deviate from agreed upon statistical
software applications, evaluate and communicate the impacts this may have on
the analyses, related analysis projects conducted by the MCSO, and the final
reporting.
2.4.7
Contractor shall keep MCSO informed about procedure development and project
progression on a weekly basis. If MCSO does not require weekly updates then a
less frequent period of time shall be mutually agreed upon.
2.4.8
Evaluate and communicate Contractor staffing/resource changes that have
potential impact on the analysis project within a timely manner.
2.5
DEVELOPING ANALYTICAL CAPACITY
2.5.1
MCSO currently utilizes Stata and Microsoft Software products to analyze the
traffic stop data.
2.5.2
If Contractor is proposing to supplant or augment analysis of traffic stop data using
other analytical tools, training modules must be developed by Contractor for MCSO
staff to ensure they understand how to utilize these additional tools.
2.5.3
Training modules should include at minimum: basic statistical techniques used in
the analysis of the data to develop the capacity for MCSO to critically evaluate the
various reports produced.
2.6
TECHNICAL ASSISTANCE PROCESS
2.6.1
Provide training and technical assistance to the MCSO/Early Intervention Unit
(EIU) staff pertaining to the analyses development, software use, and project
development to facilitate the MCSO’s efforts to become self-contained and
independently conduct the traffic stop analyses.
2.6.2
Provide technical assistance for creating and reviewing the syntax used for routine
traffic stop data analyses conducted by the MCSO.
SERIAL 240189-CI
2.6.3
At the request of the MCSO, the Contractor shall make available onsite at MCSO
Headquarters research/technical assistance team members will be available
onsite for up to two (2) days each month.
2.6.4
Research/technical assistance team members will attend meetings either in
person or telephonically as required by the MCSO. Frequency of meetings will be
at least once a quarter but may be scheduled as necessary.
2.6.5
Respond to the MCSO inquiries regarding technical assistance within 24 hours of
receiving them during the regular Monday-Friday work week between the hours of
8:00 a.m. and 5 p.m. Mountain Standard time and within 48 hours for inquires
received on weekends or holidays.
2.7
QUALIFICATIONS
2.7.1
The Contractor shall identify key personnel who will be responsible for the overall
design and implementation of the traffic stop data analyses specified in the
statement of work in section 2.0. Changes to key personnel are subject to the
approval of MCSO. Should the Contractor be unable to find an acceptable
substitute for key personnel, MCSO reserves the right to terminate the contract.
2.7.2
The Contractor shall provide information on the principal supervisory and
management staff, including engagement partners, specialists, and other
professionals, etc. who will be assigned to the engagement (e.g. resumes). The
Contractor shall provide information on the experience of each person. The
Contractor shall indicate how the quality of staff over the term of the Agreement
will be assured. MCSO must approve all proposed Contractor staffing changes.
2.7.3
The Contractor shall provide an organizational chart showing the staffing and lines
of authority for the key personnel to be utilized. The relationship of the project
leader to management and to support personnel should be clearly illustrated.
2.7.4
In acceptance of this engagement, the Contractor is to remain unbiased, fair
minded, and adhere to the highest industry standards and best practices.
2.8
TRANSFER OF ACTIVITIES
2.8.1
The Contractor shall provide, by no later than the eighth month of the final
performance period, plans for transfer of the project to either MCSO or a new
Contractor (as applicable). If necessary, the Contractor shall initiate transition
activities sixty (60) calendar days prior to the expiration of the task order. These
activities include:
2.8.1.1 Continued full service to the customers;
2.8.1.2 At the Contracting Officer’s discretion, participating in five (5) or more
meetings with the new Contractor to effect a smooth transition and to
receive detailed information on the prior operations.
2.8.1.3 Providing complete documentation and all hardware, software, materials
and data produced or acquired with task order funds over to MCSO or the
new Contractor in good condition; and, during a three (3)-week transition
period, assure that the Contractor’s senior personnel train the new
personnel (Contractor or government) in all system operation and
maintenance functions; and,
2.8.1.4 Performing appropriate close-out of all outstanding technical and related
work.
SERIAL 240189-CI
2.8.1.5 The Contractor shall follow the requirements of Contract Closeout and
schedule a meeting with Maricopa County Sheriff’s Office Procurement
Contract Office to discuss the execution of information technology
transition activities related to data, software, web content, and electronic
records. Use the Chain of Custody Form when records are transferred
from Vendor to Custodian of Record at end of contract and for providing
authorization to destroy any records (requests need to be made from the
vendor to the Custodian of Record and Custodian of Record provides
approval).
2.8.2
Unless the underlying data used in the selected study analysis are leased or
proprietary, analytic files (where source files are reduced in volume and tailored to
specific analyses), or data analytic programs, the results produced under the
auspices of this project shall be property of Maricopa County. All information and
materials, including data, developed under this task order, as negotiated, are the
property of the government and shall be delivered as part of the turnover at the
end of the task order. No information developed under this task order shall be
used in external analyses or presentations by the Contractor without the written
permission of Maricopa County.
3.0
PROCUREMENT REQUIREMENTS
3.1
DELIVERY
3.1.1
Delivery of traffic study is desired as soon as possible, and shall be stipulated on
the Purchase Order.
3.2
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.
3.3
CONTRACTOR EMPLOYEE MANAGEMENT
3.3.1
Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this Contract. In the event that Contractor
personnel’s employment status changes, Contractor shall provide County a list of
proposed candidates with equivalent experience. Under no circumstances is it
acceptable for the implementation schedule to be impacted by a personnel change
on the part of the Contractor.
3.3.2
Contractor shall not reassign any key personnel without the express consent of the
County.
3.3.3
County reserves the right to immediately remove from its premises any Contractor
personnel it determines is a risk to County operations.
3.3.4
County reserves the right to request the replacement of Contractor personnel at
any time, for any reason. Said requested removal shall not be subject to part 2.7.1
of this section.
3.4
USAGE STATUS 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.
SERIAL 240189-CI
EXHIBIT B-1
CONTRACTOR DELIVERY OF SERVICES
2.1 Traffic Stop Data Analysis:
The figure below depicts the data collection, data management and preparation, data analysis, and report
production processes we envision under this project.
Data Collection, Data Management and Preparation
Upon receiving raw data files from MCSO in electronic format, the CNA analysis team shall thoroughly
review the data files, auditing particular data fields as needed, and shall follow up with MCSO regarding
any gaps, anomalies, or unusual patterns identified in the data sets. Once the data files are cleaned, the
analysis team shall code and/or recode data fields to make the data files ready for analysis. Following the
cleaning and coding procedures, the files shall be merged as needed. CNA shall consult with MCSO during
this phase to ensure that MCSO agrees on the accuracy of the data file.
Data Analysis
CNA’s analysis of MCSO traffic stop data will continue our existing support and analysis of MCSO traffic
stop data. CNA’s analysis of MCSO traffic stop data shall be independent, based on our data preparation
and analytical approaches, in the context of our past reports and analyses. We will continue to adjust our
methodology in consultation with MCSO personnel and other stakeholders as appropriate.
Data Analysis—Analytical Techniques
The CNA analysis team shall analyze the car stop data using techniques established during our previous
work with MCSO. Simple techniques are descriptive analyses that build a basic descriptive foundation for
the more complex analyses to follow. They are relatively easy to calculate and present to both professional
and lay audiences. Complex techniques are multivariate approaches that account for more than a few
variables in the same statistical model. Although they are more difficult to use and present, these
approaches are advantageous because they identify the independent effect of one factor of interest while
holding constant, or taking into consideration, the effect of a range of other factors, including officer, stop,
and situational variables. Along this spectrum, CNA’s analyses of MCSO traffic stop data shall include the
following:
•
Basic descriptive statistics showing the numbers and distributions of stops by characteristics
such as stop type, driver’s race, officer’s race, time of day, time of year, and stop location.
•
Propensity score matching analyses intended to uncover causal relationships through the use
of post hoc establishment of plausible comparison groups to allow estimates of effects on the
group of interest. For example, all incidents involving Hispanic community members would be
matched with the most-similar incident that involved white community members, and the
differences in traffic stop outcomes would be analyzed.
•
Data Analysis—Additional Issues of Interest
Although this effort focuses on using data to analyze issues of racial profiling and bias, the same data can
be used to help MCSO analyze operational efficiency and discern which practices are more or less effective
in achieving operational goals. In trying to understand why outliers exist, a department can learn about
many aspects of its operations. The following are examples:
•
Analyzing stops by outcome captures the productivity of each stop in terms of citations issues,
or searches conducted, or some other desired outcome.
•
Analyzing stops and outcomes by location can identify which areas require more or less
attention.
•
Analyzing stops by officer can determine the effects of experience and certain kinds of training
on officer efficiency.
Receive raw
data from
MCSO
Clean and
code data
files
Merge data
files
MCSO review
of merged
files
Analyze data
Prepare
reports
DOJ & MCSO
review of
reports
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The key to this type of effort is choosing the right outcomes to investigate and avoiding the creation of
incentives to “work the numbers,” rather than the mission. CNA shall work closely with MCSO and the
Monitoring Team in determining whether additional factors can be added to the basic and multivariate
analyses of stop data.
Reporting
Finally, CNA shall compile the results of the data analysis into draft reports for internal review and editing.
Following the internal review, CNA shall provide the draft reports for review by MCSO. After the external
review and editing of each analysis report, and addressing any edits or corrections requested, CNA shall
prepare each report in a finalized format for delivery and dissemination.
2.2 Internal Benchmarking:
The MCSO solicitation requires the contractor to assist and collaborate with MCSO to identify, review, and
update the internal benchmarking methodologies being used to analyze racial and ethnic differences in
stop outcomes. The current approach to internal benchmarking compares the racial/ethnic mix of stop
outcomes for individual deputies with the racial/ethnic mix of stop outcomes for all deputies making stops
in the same district. CNA proposes to continue using our established internal benchmarking approach using
propensity score matching. Details are available in the currently approved analytical plan.
2.3 Report Building:
CNA has experience translating research and statistical analyses into usable and actionable information
for law enforcement agencies, and we understand the risks of misunderstanding, misinterpretation, or
manipulation of data. Thus, our reports present data accurately and thoroughly, using language that is
unambiguous and understandable to lay audiences. We shall not only report the results of our analyses but
also explain our methods and underlying rationales, including highlighting any changes from previous
studies or changes that occur over the course of our work with MCSO.1
We believe strongly that transparency is crucial to organizational relationships and to law enforcement-
community relations and shall demonstrate transparency by providing reports on methodologies, syntax
construction, data cleaning, and quality assurance measures. We shall also provide traffic stop data files
used in all analyses methodologies to MCSO via secure file sharing.
2.4 Information Sharing and Communication of Changes:
Communication and information sharing are vital to building an effective working relationship between CNA
and MCSO. CNA shall establish several practices for its work on traffic stop analysis to ensure that MCSO
and the Monitoring Team have a complete understanding of all processes and activities we undertake, from
start to finish, once a raw data file(s) is received from MCSO. These practices shall include the following:
•
Documenting approaches to data management, cleaning, and preparation in the weekly reports
we provide, including explanations about programming and analysis syntax and analytical
methods employed.
•
Providing periodic (upon request) trainings and briefings for MCSO staff on the lessons learned
by the analysis team and any changes made to syntax, programming, and other data
management procedures; this information shall be compiled into quarterly bulletins,
offeringongoing, thorough documentation of the team’s work.
•
Providing periodic (upon request) updates for MCSO and the Monitoring Team regarding
changes in analytic strategy, statistical software and related programs, and any staffing
changes affecting the work.
•
Delivering, at the conclusion of our work, CNA’s compilation of all the information in the periodic
reports, trainings, and briefings into a comprehensive guide to conducting the traffic stop
analyses, from the initial delivery of raw data from MCSO to the production of final analysis
1 For examples of past CNA work, see: (1) Rodriguez, Denise, Laura Kunard, Will Johnson, James LaRochelle,
Zoë Thorkildsen. (2015). Collaborative Reform Initiative: Assessment Report on the Fayetteville Police
Department. Washington, DC: Office of Community Oriented Policing Services. https://ric-zai-
inc.com/Publications/cops-w0790-pub.pdf). (2) McMahon, Joyce and Amanda Kraus (2005). A Suggested
Approach to Analyzing Racial Profiling: Sample Templates for Analyzing Car-Stop Data. Washington, DC:
Office of Community Oriented Policing Services. https://ric-zai-inc.com/searchSimple.php
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reports.
With these practices and reporting procedures, MCSO will have ongoing, up-to-date information about all
aspects of this analysis project, leaving little margin for the introduction of new information when the official
reports are received. Additionally, MCSO staff shall build their knowledge of how the traffic stop analysis is
conducted, thus increasing their ability to conduct the analyses independently once DOJ involvement ends.
2.5 Developing Analytical Capacity:
MCSO has increased their analytical capacity through software acquisition and personnel hires during the
original contract period. CNA will continue to work closely with MCSO to assist with capacity building as
needed.
2.6 Technical Assistance Process:
The development and delivery of technical assistance to a police organization like MCSO, especially one
that is under a federal court order regarding biased traffic stop practices, is a significant and challenging
undertaking. It requires careful deliberation on identifying technical assistance needs, and how technical
assistance to MCSO staff shall be developed, delivered, and assessed. Essentially, a collaborative and
trusting relationship must exist between the technical assistance provider and the recipient agency to
deliver technical assistance and foster meaningful organizational change.
CNA has been providing technical assistance to more than 300 police agencies for the past 10 years,
covering a variety of areas, such as officer involved shootings, use of force, community policing, policing
innovation, police-research partnerships, violence reduction, and body-worn camera implementation. We
have learned over the past decade of involvement with police agencies of all types and sizes that delivery
of technical assistance depends on a trusting relationship built through quality interactions and
communication, and maintained over time. For all its technical assistance initiatives, CNA establishes
trusting relationships through regular, peer-friendly (e.g., cop-to-cop), strategically focused (e.g., based on
a technical assistance plan), and non-intrusive, non-directive technical assistance delivery mechanisms.
These mechanisms have never failed. Even the most sophisticated and well-funded police agencies that
have research relationships with top-level researchers (e.g., Los Angeles, Chicago, Las Vegas,
Philadelphia) have communicated technical assistance needs to CNA, and we have consistently delivered
with high-quality resources and advice.
Although the MCSO solicitation articulates several well-defined technical assistance needs that CNA shall
address, such as training on analysis, assistance with understanding programming and syntax, and
attendance (and active participation) at MCSO meetings, it also provides for CNA response to ad hoc
requests for technical assistance related to this traffic stop analysis initiative. As noted above (under
“Information Sharing and Communication of Changes”), CNA shall provide regular updates and information
regarding any changes in or modifications to data preparation, computer programming and syntax,
software, analytic approaches and methodology, and staffing and project management.
We also understand that in conducting this work and developing a working relationship with MCSO, other
technical assistance needs shall arise that shall be addressed by CNA’s vast, highly qualified consultant
pool. We stand ready to respond to ad hoc technical assistance requests within 24 hours, as required by
the solicitation. Requests may include basic or advanced training in crime analysis for MCSO staff and
analysts, training in contemporary statistical analysis, assistance with internal and external communications
planning around dissemination of the analysis results, and assistance with refinements to the MCSO early
intervention system. CNA shall establish a formal technical assistance request and review procedure with
MCSO to review each request for relevance, need, feasibility, and affordability. Where technical assistance
requests are made that cannot be fulfilled through the resources of this project, CNA shall work with MCSO
to identify and request other technical assistance resources through the Bureau of Justice Assistance, the
Office of Community Oriented Policing Services, and other DOJ bureaus.
It is through CNA’s focused and high-quality technical assistance, similar to the communications and
information sharing issues discussed above, that MCSO shall build the skills, capacity, and confidence to
tackle complicated problems like bias in traffic stops.
2.8 Transfer of Activities:
CNA understands and shall abide by all requirements outlined in this section. We shall provide, by no later
than the eighth month of the final performance period, plans for transfer of the project to either MCSO or a
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new contractor (as applicable). If necessary, CNA shall initiate transition activities sixty (60) calendar days
prior to the expiration of the task order. These activities include: (2.8.1.1) Continued full service to the
customers; (2.8.1.2) at the Contracting Officer’s discretion, participating in five (5) or more meetings with
the new Contractor to effect a smooth transition and to receive detailed information on the prior operations;
(2.8.1.3) providing complete documentation and all hardware, software, materials and data produced or
acquired with task order funds over to MCSO or the new Contractor in good condition; and, during a three
(3)-week transition period, assure that the Contractor’s senior personnel train the new personnel
(Contractor or government) in all system operation and maintenance functions; and, (2.8.1.4) performing
appropriate close-out of all outstanding technical and related work.
In addition, CNA shall follow the requirements of Contract Closeout and schedule a meeting with MCSO’s
Procurement Contract Office to discuss the execution of information technology transition activities related
to data, software, web content, and electronic records. CNA shall use the Chain of Custody Form when
records are transferred to the Custodian of Record at end of contract and for providing authorization to
destroy any records (requests need to be made from the vendor to the Custodian of Record and Custodian
of Record provides approval).
Finally, because CNA shall not use any underlying data for study analysis that are leased or proprietary,
analytic files (where source files are reduced in volume and tailored to specific analyses), or data analytic
programs, all results produced for this project shall be the property of Maricopa County. CNA understands
that all information and materials, including data, developed under this task order, as negotiated, are the
property of the government and shall be delivered as part of the turnover at the end of the task order. No
information developed under this task order shall be used in external analyses or presentations by CNA
without the written permission of Maricopa County.
SERIAL 240189-CI
EXHIBIT C
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County Contract
Administrator.
2.0
Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special
District (County) contracts shall be reimbursed based on current U.S. General Services
Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the
following internet site to determine rates (no exceptions): (www.gsa.gov).
2.1
Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not
be reimbursed. They should be included in the contractor’s e as an overhead charge.
2.2
The County will not (under no circumstances) reimburse for Contractor guest lodging, per
diem or incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed
only when preapproved in writing by the County Contract Administrator as a result of the
business need of the County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at
the time of contract signing) will be reimbursed. Under no circumstances will the County
reimburse for airfares related to transportation to or from an alternate site.
3.3
The County will not (under no circumstances) reimburse for Contractor guest commercial
air travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost
of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of
travelers for the same travel period will not be permitted without prior written approval by the County
Contract Administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the
contractor. The County will not reimburse contractor if the contractor chooses to purchase
this coverage.
4.2
Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger
vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: contractors
shall obtain pre-approval in writing from the County Contract Administrator prior to rental
of a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted
prior to securing parking that incurs costs for the County. Opportunities to be reviewed are
the DASH; shuttles, etc. that can transport the contractor to and from County buildings with
minimal costs.
4.4
County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed
parking will not be reimbursed) airport parking only if it is less expensive than shuttle
service to and from the airport.
4.5
The County will not (under no circumstances) reimburse the Contractor for guest vehicle
rental(s) or other any transportation costs.
5.0
Contractor is responsible for all costs not directly related to the travel except those that have been
pre-approved by the County Contract Administrator. These costs include (but not limited to) the
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following: in-room movies, valet service, valet parking, laundry service, costs associated with
storing luggage at a hotel, fuel costs associated with non-County activities, tips that exceed the per
diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel
expenses will not be honored and are not reimbursable.
6.0
Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified
in individual contracts.
7.0
Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel
and per diem expenses, and if applicable with a copy of the written consent issued by the Contract
Administrator. No travel and per diem expenses shall be paid by County without copies of the
written consent as described in this policy and copies of all receipts.
SERIAL 240189-CI
THE CNA CORPORATION DBA: CNA, 3003 WASHINGTON BLVD., ARLINGTON, VA 22201
PRICING SHEET: NIGP CODES: 92022, 95670
Terms:
NET 30
Vendor Number:
VS0000002930
Certificates of Insurance
Required
Contract Period:
To cover the period ending August 31, 2025.