240129-CONTRACT-KONICA MINOLTA.PDF
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CONTRACT ONBASE EDMS MAINTENANGE AND SUPPORT
240129-RFP
This contract is entered into this 21"t day of August, 2024 by and between Maricopa County ("County"), a
political subdivision of the State of Arizona, and Konica Minolta Business Solutions U.S.A., lnc., a
New York corporation ("Contractor') for the purchase of ONBASE EDMS MAINTENANCE AND
SUPPORT.
1.0
CONTRACT TERM
This contract is for a term of five years, beginning on the 1't day of September, 2024 and ending
the 31't day ofAugust,2029.
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 five 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
ln 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 contract or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this contract.
4,0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
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 lndex or by performing a market survey. lf
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 D - Pricing Sheet.
5.2
Payment shall be made upon the County's receipt of a properly completed invoice.
UN
SERIAL 240129.RFP
5.3
INVOICES
5.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. lncomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
Company name, address, and contact information
County billto name and contact information
Contract serial number
County purchase order number
Project name and/or number
lnvoice 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)
Totalamount 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 (httos://www.maricooa.oov/S169A/endor-
lnformation).
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. lf 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:/lwww.azdor.qov/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. lf 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
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the County agrees to remit any overpayments back to the County for
miscalculations on taxes included in a bid price.
5.4.3
Tax lndemnification: 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 third party claim for 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
reasonable 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
legalprotest).
6.0
AVAILABILIry 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
lf 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. ln 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. lf Contractor does not want to grant such access to a member
of SAVE, state so in Contractor's bid. ln the absence of a statement to the contrary, the Coun$
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
INTERGOVERNMENTALCOOPERATIVE PURCHASINGAGREEMENTS (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. lt 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.
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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.
9.3
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.
The County currently has multiple unique installations which include on-premise and
hosted solutions that are used by various departments. The County also maintains
development, and testing environments in support of the production environments.
OnBase is used extensively across central service applications including but not limited
to: human resources; accounts payable; and for specific applications within departments
including but not limited to the Assessor's Office, Public Health, and Transportation. The
Maricopa County Courts including the Judicial Branch, Clerk of the Court, and Justice
Courts utilize an OnBase Enterprise Licensing model, and the Clerk of the Board of
Supervisors uses a hosted OnBase Agenda and Minutes solution including video.
9.4
The County reserves the right to select any qualified vendor under contract for Task
Orders valued under $25,000 without further competition, based on the County's needs,
as long as the work is clearly defined as a one-time need and is approved by the
approving County lT staff. For service requirements valued over $25,000, specific details
for services needed will be provided and vendors will be given time to respond to the
Task Order with their proposed work plan, staff, and pricing. The vendor that best meets
the need of the County will be awarded the Task Order. Award of this contract does not
guarantee award of any individual Task Order.
9.5
The County is seeking an authorized OnBase provider to provide services in support of
the County's OnBase installations. The Contractor must be able to support existing
licenses (see Exhibit 6: Onbase Licensing Spreadsheet) provide system enhancements
and upgrades as needed by the County.
9.5.1
Services shall be available during normal County business hours (8am to Spm
Mountain Standard Time), as well as on an as-needed basis after normal
business hours for emergencies, to address issues with minimal disruption to
staff.
9.5.2 Contractor shall have the ability to support extended hours on an "as-needed"
basis which may include 2417 coverage including evenings, holidays, and
weekends.
9.6
All requests for new OnBase projects developed under this agreement will be assessed
by the appropriate County staff for review and approval prior to start of work. (Contact
information to be provided after contract award.)
9.7
Contractor shall provide an account manager serving as a single point of contact for
support and maintenance as well as project work initiatives.
9.8
Contractor shall have and maintain for the duration of the contract, technical staff who
possess sufficient familiarity with OnBase features and functionality to develop low code
solutions, as well as experience in developing solutions using Robotic Process
Automation (RPA) and Artificial lntelligence (Al) with actual business data.
Contractor shall provide software support via telephone, electronic mail, and site visits
when necessary. Standard telephone support shall be provided via toll free phone
number from 8am until Spm Monday - Friday (Mountain Standard Time). lssues not
resolved within the initial phone call will be assigned a tracking number and resolved
within the terms of the Service Level Agreement.
9.2
9.9
SERIAL 240129.RFP
Contractor shall provide a web based platform available 24n1365 (excluding
maintenance windows) for submitting and tracking requests and issues from submittal
through resolution. To enable Contractor to provide effective support, County will
establish Virtual Desktop lnterface (VDl) access based on remote access procedures
compatible with County practices.
9.11 CONTRACTORQUALIFICATIONSANDREQUIREMENTS
9.11.1 Contractor shall only use experienced and qualified staff to work on County
OnBase systems and projects. Experience and certifications shall be appropriate
for work being performed.
9.11.2 Contractor shall have and maintain forthe duration of the agreement, technical
staff who possess the following OnBase certifications, including, but not limited
to:
9.10
9.12
9.11.2.1
9.11.2.2
9.11.2.3
9.11.2.4
9.11.2.5
9.11.2.6
OCAWA/OCWE/HCOWEP
ocr
OCSE
OCAPI
OC\A'V/HCO\AruEP
HCRPA
9.11.3 Contractor shall maintain these, and other certifications as they become available
during the course of the contract, in support of the OnBase product. Additionally,
staff shall stay up to date with extensive OnBase product knowledge, emerging
market trends, and new technologies that will assist the County in connecting
citizens to services through enabling technology.
9.11.4 Contractor shall have staff who is knowledgeable with Microsoft products and
other tools such as:
9.11.4.1 Visual Studio.Net
9.11.4.2 SQL Server
9.11.4.3 Azure Cloud
9.11.4.4 Azure DevOps
9.11.4.5 SharePoint
9.11.4.6 Visio
9.11.4.7 UML Modeling
9.1 1.4.8 E-Signature platform(s)
9.11.4.9 Project
9.11.4.10 Server Reporting Services (SSRS)
9.11.4.11 PowerBl
9.11.4.12 APt
9.11.5 All County data must remain within the United States at all times.
PROJECT MANAGEMENT (SERVICES TO BE AWARDED THROUGH TASK ORDERS)
9.12.1 All new project requests will be evaluated and approved by County lT resources
prior to project initiation.
9.12.2 Contractor shall bring extensive background in project management including all
phases from identification of a need, through project close out. Contractor should
have experience in various project management methodologies and procedures
to include Planning and User Story Elicitation.
SERIAL 24OI29.RFP
9.12.3 All projects will include: discovery, design, system configuration, system testing,
user acceptance testing, training, solution documentation, and post go-live
support. Considerations for all other active County applications must be included
in order to ensure consistent data integrity across the County platforms.
9.12.4 Contractor shall provide resources per staffing needs as defined in the Task
Order Statement of Work (to include, but not limited to: functional, technical,
business analyst, and project manager). Staffing assignment changes will require
prior wriften review and authorization by authorized County personnel.
9.12.5 Contractor shall provide plans to facilitate the orderly transition from an existing
application to the newly developed one (including steps and instructions).
Contractor shall provide support for migration, validation, and issue resolution.
9.12.6 County retains the rights (ownership) to all development including but not limited
to coding, documentation, project deliverables and other supported content
created in support of County work efforts.
9.10.6.1 For clarification, nothing herein shall constitute a transfer of any of
Contractor's rights in and to its own proprietary materials created prior
to or outside of the scope of any resultant agreement ("Contractor lP").
To the extent any deliverable delivered by Contractor hereunder
includes any Contractor lP, Contractor shall grant to County perpetual,
irrevocable, license to reproduce, use, modify and adapt such
Contractor lP without limitation solely within County's organization and
solely in connection with County's business purposes for which the
deliverable was created.
9.12.7 Contractor shall conduct testing specific to project scope and confirm breaUfixes
prior to submitting for user validation. Contractor shall track changes and
participate in troubleshooting working sessions.
9.12.8 Contractor shall provide development and support documentation for all projects
including functional design document, functional and technical requirements,
solution design documentation, and all changes to County OnBase installations
and related hardware/software resulting from a project or work performed under
this contract.
9.12.9 Project details will be included in Task Orders issued through the County's
e-procurement platform. Projects may include, but are not limited to, the following
categories:
9.12.9.1
9.12.9.2
9.12.9.3
9.12.9.4
9.12.9.5
9.12.9.6
9.12.9.7
9.12.9.8
Project lnitiation and Management
Feasibility and Analysis
Design and Development Services
Test and lssue Management
Deployment
Resource Planning and SuPPort
Customer Engagement and Business Analysis
Technical and lntegration Support
1O.O TERMS AND CONDITIONS
10.1 INDEMNIFICATION
10.1.1 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, officers, directors, officials, and
SERIAL 240129.RFP
employees from and against all claims, damages, losses, and expenses
(including, but not limited to aftorneys' fees, court costs, expert witness fees, and
the costs and attorneys' fees for appellate proceedings) asserted by a third party
and 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.
10.1.2
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, death, or injury to, impairment of, or destruction of tangible property,
including loss of use resulting therefrom, caused by negligent acts or omissions
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,
10.1.3 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 section.
10.1.4 The scope of this indemnification does not extend to the sole negligence of
County.
10.1.5 Contractor's indemnification obligations under this section are conditioned upon
the County: (i) promptly notifying the Contractor of any claim in writing; (ii)
cooperating with the Contractor in the defense of the claim; and (iii) granting the
Contractor sole control of the defense and settlement of the claim, provided any
settlement that would impose any monetary or injunctive obligation upon the
County shall be subject to County's prior written approval and shall
unconditionally release the County of all liability.
10,2 INFRINGEMENTDEFENSEANDINDEMNIFICATION
10.2.1 Definitions
For purposes of this section:
10.2.1.1
10.2.1.2
10.2.1.3
'Claim" means any cause of action in a third-party action, suit, or
proceeding against County alleging that Contractor software, or its
upgrades, modifications, or revisions, as of its delivery date under this
agreement, infringes a valid U.S. patent, copyright, or trademark.
"Participate and Share in the Costs" means Contractor will assist the
County in the defense of the Claim, to the extent agreed to by the
parties, except that Contractor shall be solely responsible for any and
all costs adjudged in a successful Claim against the County.
"Third-Party Products" means any products made by a party other than
Contractor, and may include, without limitation, products ordered by
County from third parties. However, components of Contractor branded
products are not Third-Party Products if they are both:
10.2.1.3.1 embedded in Third-Party Products (i.e., not recognizable
as standalone items); and
10.2.1.3.2 not identified as separate items on Contractor's price list,
quotes, order specifications forms, or documentation.
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10.2.2 Defense and lndemnity
Contractor shall defend, and Participate and Share in the Cost, in the full defense
of the County against any Claim, and will indemnify and hold harmless the
County, as provided for in this section, for any judgments, settlements, and court
awarded aftorney's fees resulting from a Claim where the claimant is adjudged
the successful party in the Claim. Contractor's obligations under this section are
conditioned on the following:
10.2.2.1 County promptly notifies Contractor of the Claim, in writing, upon being
made aware of the Claim;
10.2.2.2 County gives Contractor lead authority control of the defense and (if
applicable) settlement of the Claim, provided that County's legal
counsel may participate in such defense and settlement, at County's
expense; and
10.2.2.3 County provides all information and assistance reasonably requested
by Contractor to handle the defense or seftlement of the Claim.
10.2.3 Remedial Measures
10.2.3.1 lf software becomes, or Contractor reasonably believes use of
software may become, the subject of a Claim, Contractor may, at its
own expense and option:
10.2.3.1.1 procure for County the right to continue use of the product;
10.2.3.1.2 replace or modify the software;or
10.2.3.1.3 to the extent that neither 10.2.3.1.1 nor 10.2.3.1.2 are
deemed commercially practicable, refund to County a pro-
rated portion of the applicable fees for softrare based on a
linear depreciation monthly over a 1O-year useful life, in
which case County will cease all use of softrare and
return it to Contractor.
10.2.4 Exceptions
Contractor will have no defense or indemnity obligation for any Claim based on:
10.2.4.1
10.2.4.2
10.2.4.3
10.2.4.4
10.2.4.5
modifications by someone other than Contractor;
software has been modified by Contractor in accordance with County-
provided specifications or instructions;
use or combination by the County of software with Third-Party
Products, open source, or freeware technology;
Third-Party Products, open source, or freeware technology;
a product that is used or located by county in a country other than the
country in which or for which it was supplied by Contractor;
10.2.4.6 possession or use of a product after Contractor has informed County of
modifications or changes required to avoid such Claim and offered to
implement those modifications or changes, if such claim would have
been avoided by implementation of contractor's suggestions and to the
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extent County did not provide Contractor with a reasonable opportunity
to implement Contractor's suggestions; or
10.2.4.7 the amount of revenue or profits earned, or other value obtained by the
use of products, or the amount of use ofthe products.
10.2.5 The foregoing states Contractor's entire liability, and County's sole and exclusive
remedy, except as provided by law or equity, with respect to any infringement or
misappropriation of any intellectual property rights of another party.
10.3 SOURCE CODE ESCROW REQUIREMENT
10.3.1
Contractor shall provide all proprietary technology and materials covered under
this contract that County has purchased from Contractor for safekeeping with a
mutually acceptable software escrow service provider (escrow agent) within 30
days of award, to include, but is not limited to, all source code, any updates or
fixes, and related materials and documents for commercial offthe-shelf software
(COTS), etc. ('deposit material"). The deposit material deposited with the escrow
agent shall be a snapshot of all source code and related material maintained by
Contractor. ln this way, as beneficiary of the escrow agreement between
Contractor and escrow agent, County will have access to all source code of the
products that they license for all versions of the software. Furthermore, the
escrowed code shall include all code specifically developed for County including,
but not limited to, interfaces, Extraction-Transformation-Loading (ETL) routines
for data conversion, and all custom code. Upon taking possession of the source
code, County will have the right to use the source for products that they license in
the versions currently installed on the system or any subsequent versions
archived with the escrow agent. Contractor will make a deposit of the deposit
material with the escrow agent upon any version release or once every six
months, whichever occurs first.
10.3.2 County hereby agrees to pay the yearly standard fee for a beneficiary of the
source code.
10.3.3 County shall have access to the source code in the event of any of the following
circumstances:
10.3.3.1
10.3.3.2
the sale, assignment, or transfer to any third party of any of
Contractor's rights in the licensed product (or any portion thereof) if
such sale, assignment, or transfer would prevent Contractor from fully
performing any of its obligations under any agreement with County;
Contractor becomes insolvent or commits any affirmative act of
insolvency, or generally fails to pay, or admits in writing its inability to
pay, debts as they become due, makes a general assignment for the
benefit of creditors, files a voluntary petition of bankruptcy, suffers or
permits the appointment of a receiver for its business or assets,
becomes subject to any proceeding under, or case in, any bankruptcy
or insolvency law, or Contractor takes any action to authorize, or in the
furtherance of, any of the following:
10.3.3.2.1
Contractor discontinues providing full support and
maintenance services for the licensed product in
accordance with its obligations pursuant to any agreement
with County;
10.3.3.2.2 Contractor has ceased to do business or improperly
refuses to provide any services pursuant to any agreement
with County;
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10.3.3.2.3 Contractor has breached (and if subject to a cure period,
has not cured such breach within such period) any
material term or condition of any agreement with County;
10.3.3.2.4 any change of control of Contractor or Contractor's parent
company, where such party is acquired, directly or
indirectly, in a single transaction or series of related
transactions, or all or substantially all of the assets of such
party are acquired by any entity, or such party is merged
with or into another entity to form a new entity; or
10.3.3.2.5 any other circumstance in which County is entitled to
access or use the applicable deposit materials (including,
but not limited to, the source code) under the express
terms of any agreement between Contractor and County.
10.3.4 Upon County taking possession of the source code, County hereby agrees as
follows:
10.3.4.1
Coun$ accepts full and total responsibility for the safekeeping of the
source code. County agrees that such source code shall be subject to
the restrictions of transfer, sale, and reproduction placed on the
software itself as stated in the software license signed by all parties.
10.3.4.2 County agrees to only use source code related to applications for
which they own a license.
10.3.4.3 County agrees, if so ordered by a court of competent jurisdiction, to
compensate Contractor for any and all damages Contractor suffers, to
include reasonable attorney's fees, resulting directly or indirectly from,
but not limited to, the mishandling, misuse, or theft of the source code,
regardless of intent, or the absence thereof, by County, its employees,
agents, and third-party contractors.
10.3.4.4
No license under any trademark, patent, copyright, or any other
intellectual property right, is either granted or implied by the disclosure
of the source code to County. The Contractor's disclosure of the
source code to County shall not constitute any representation,
warranty, assurance, guarantee, or inducement by the Contractor to
County of any kind, and, in particular, with respect to the non-
infringement of trademarks, patents, copyrights, or any other
intellectual property rights, or other rights of third persons or of
Contractor.
10.3.5 Contractor will not be responsible for maintaining the source code. Furthermore,
Contractor will not be liable for any consequences related to the use of source
code modified by County.
10.4 INSURANCE
10.4.1 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, lnc. category rating
of B++. ln 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.
SERIAL 240129.RFP
10.4.2 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.
10.4.3 ln 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.
10.4.4 Contractor's insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
10.4.5 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.
10.4.5.1
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 or require Contractor to provide proof of
Contractor's financial solvency in relation to remiftance thereof.
10.4.6 The insurance policies required by this contract, except Workers' Compensation
and Errors and Omissions, shall include County, its agents, representatives,
offlcers, directors, officials, and employees as additional insureds.
10.4.7 The policies required hereunder, except Workers' Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor's work or service.
10.4.8 lf available, the insurance policies required by this contract may be combined
with Commercial Umbrella lnsurance policies to meet the minimum limit
requirements. lf a Commercial Umbrella insurance policy is utilized to meet
insurance requirements, the Certificate of lnsurance shall indicate which lines the
Commercial Umbrella I nsurance covers.
10.4.8.1
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, $4,0OO,OOO products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodiiy 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.
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10.4.8.2 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.
10.4.8.3 Workers' Compensation
10.4.8.3.1
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.
10.4.8.3.2 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.
10.4.8.4 Errors and Omissions/Professional Liability lnsurance
10.4.8.4.1
Technology Errors & Omission insurance: Such insurance
shall cover any and all errors, omissions, or negligent acts
in the delivery of products, services, and/or licensed
programs under this contract.
Each claim $5,000,000
a
10.4.8.4.2 ln the event that the Technology Errors & Omission
insurance required by this contract is wriften 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.
10.4.8.5
Cyber, Network Security, and Privacy Liability
cyber, Network security and Privacy Liability lnsurance with a limit of
not less than $5,000,000 per claim. The policy shall include, but not be
limited to; coverage for all directors, officers, agents and employees of
the contractor, losses with respect to network risks (such as data
breaches, unauthorized access or use, and lD theft of data), invasion
of privacy (regardless of the type of media involved in the loss of
private informition;, crisis management, identity theft response. costs,
breach notification costs, credit remediation, and credit monitoring,
defense, and claims expenses, regulatory defense costs plus fines and
penalties, cyber extortion, electronic data restoration expenses (data
asset proteaion), network business interruption, computer fraud
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coverage, funds transfer loss, third-party fidelity, theft, no requirement
for arrest and conviction, and loss outside the premises of the named
insured.
10.4.9 Certificates of lnsurance
10.4.9.1 Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of lnsurance, 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.
10.4.9.2 ln 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.
10.4.9.3 lf a policy does expire during the life of the contract, a renewal
certificate must be sent to County within ten (10) business days after
inception of the renewal policies.
10.4.9.4 Certificates of lnsurance shall identify County as the certificate holder
as follows:
Maricopa County
c/o Risk Management
301 WJefferson St, Suite 910
Phoenix, AZ 85003
10.4.10 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. (within ten (10) business days after
inception of the replacement policies).
10.5 FORCE MAJEURE
10.5.1
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, ifluch delay or failura 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, rebellioi, 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 jr ietecommunication
service, and pandemic.
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10.5.2 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 commercially reasonable efforts to remedy the situation and
remove, as soon as practicable, the cause of its inability to perform or comply.
10.5.3 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.
10.6 ORDERINGAUTHORITY
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.
10.7 PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
10.8 INTERNET ORDERING CAPABILITY
It is the intent of County to use the lnternet to communicate and to place orders under
this contract.
10.9 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.
10.10 PURCHASE ORDERS
10.10.1 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.
'lO.l1.zContractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with wriften notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
10.11 BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.9. Sheriffs Office,
County Attorney'i 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, and the failure to
passthesechecksshalldeemtherespondentnon-responsible.
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10.12 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.
10.13 STOP WORK ORDER
10.13.1 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 commercially 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:
10.13.1.1 cancel the stop work order; or
1 0.1 3. 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.
10.13.1.3 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
10.14 TERMINATION FOR CONVENIENCE
County may terminate the resultant contract for convenience by providing 60 calendar
days advance notice to the Contractor.
10.15 TERMINATION FOR DEFAULT
10.15.1The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
1 0.1 5.1 . 1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
10.15.1.2 make progress, so as to endanger performance of this contract; or
10.15.1.3 perform any of the other provisions of this contract.
10.15.2 The County's right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 1b buiiness Oayi 1or
more if authorized,in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failuie.
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10.16 PERFORMANCE
It shall be the Contractor's responsibility to meet the proposed performance
requirements. 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.
10.17 CONTRACTOR EMPLOYEE MANAGEMENT
10.17.1Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
10.17.2|f Contractor personnel's employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
10.17.3 Under no circumstances shallthe implementation schedule to be impacted by a
personnel change on the part of the Contractor.
10.17.4Contractor shall not reassign any key personnel identified in their proposal
without the express consent of the County.
10.17.5County reserves the right to immediately remove from its premises any
Contractor personnel it determines to be a risk to County operations.
10.17.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
10.18 TRAINING
Contractor shall provide training services to completely train County personnel, as
applicable. All training shall take place on-site in Maricopa Coun$, unless otherwise
negotiated with County.
10.19 WARRANW OF SERVICES
10.19.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications, and
aftachments 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.
10.19.21n addition to its other remedies, County may, at the Contracto/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 e)dent as services
originally furnished hereunder.
10.20 INSPECTION OF SERVICES
1O.2O.1The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspeition worli performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as
the contract requires'
1O.2O.ZCounty has the right to inspect and test all services called for by the contract, to
the extent practiclble at all times and places during the term of.the.contract.
Countyinait perform inspections and tests in a manner that will not unduly delay
the work.
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10.20.3|f 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:
10.20.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.20.3.2 reduce the contract price to reflect the reduced value of the services
performed.
10.20.4|f 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:
10.20.4.1 by contract or othenryise, 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
10.20.4.2 terminate the contract for default.
10.21 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.
10.22 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. 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. S 38-s11, the county may recoup any fee
or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafiing, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
10.23 OFFSET FOR DAMAGES
ln 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 Couniy for damages iesultini;
from breach or deficiencies in performance of the contract.
10.24 SUBCONTRACTING
10.24.1The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent 9l t!9 County. All correspondence authorizing subcontracting must
reference the bid seriar number and identifo the job or project.
!
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10.24.2The 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.
10.25 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 County.
10.26 ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials to a contract. lf a service
requirement is deleted, payment to the Contractor will be reduced proportionately to the
amount of service reduced in accordance with the contract price. lf additional materials
are required from a contract, prices for such additions will be negotiated between the
Contractor and the County.
10.27 RIGHTS IN DATA
10.27.1The 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.
10.27.2 Data, records, reports, and all other information generated forthe 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 perpetui$.
10.27.2.1 For clarification, nothing herein shall constitute a transfer of any of
Contractor's rights in and to its own proprietary materials created prior
to or outside of the scope of any resultant agreement ("Contractor lP").
To the extent any deliverable delivered by Contractor hereunder
includes any Contractor lP, Contractor shall grant to County perpetual,
irrevocable, license to reproduce, use, modifo and adapt such
Contractor lP without limitation solely within County's organization and
solely in connection with County's business purposes for which the
deliverable was created.
10.28 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW
10.28.1 ln accordance with Section MC1-372 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up
documentation relevant to this contract for six years after final payment or until
after the resolution of any audit questions, which could be more than six years,
whichever is longest. The County, Federal or State auditors and any other
p"iionr duly auth-orized by the defartment shall have full access to and the right
io examine, copy, and make use of, any and allsaid materials'
1O.28.2Audits may be conducted by the coun$ at reasonable times and places
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10.28.3|f the Contracto/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 County for the services not so adequately supported and
documented.
10.29 AUDIT DISALLOWANCES
lf 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 upon mutual
agreement of the parties, 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 the
County.
10.30 STRICTCOMPLIANCE
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.
10.31 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.
10.32 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.
10.33 RELATIONSHIPS
10.33.1 ln the performance of the services described herein, the Contractor shall act
solely as an independent Contractor, and nothing herein or implied herein shallat
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.
10.33.2The County reserves the right of final approval on proposed staff. Also, upon
request by the Coun$, 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.
10.34 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 994 and amendi
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 p"r*n;.'ig",
race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order
2009-09
can
be
-
viewed
at
https://aops.azsos.qov/oublic services/reoister/2009/46/oovernoi.
odfl
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10.35 WRITTEN CERTIFICATION PURSUANT to A.R.S. S 35-393.01
lf 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 boycoft of goods or
services from lsrael. This certification does not apply to a boycott prohibited by 50 U.S.C.
S 4842 or a regulation issued pursuant to 50 U.S.C. S 4842.
10.36 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
10.36.1 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:
10.36.1.1 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.
10.36.1 .2 have not within a three-year period preceding this contract:
10.36.1.2.1 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
10.36.1 .2.2been 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;
10.36.1.3 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;
10.36.1.4 are not presently facing any civilcharges from any governmentalentity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
10.36.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
10.36.2|f any of the above circumstances described in the paragraph are applicable to
the Lntity submitting a bid for this requirement, include with your bid an
explanation of the matter including any final resolution.
10.36.2.1 At time of contract award, contractor, as a large organization, is
currently engaged in a number of lawsuits, all of which are being
vigorouily O-ef6nOeO. Contractor is not involved in litigation of a
material nature, however, that would adversely affect its ability to
deliver the products and services proposed under any resulting
agreement with the CountY'
10.36.3The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-
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subcontractors) and in all solicitations for lower tier covered transactions related
to this contract. lf this clause is applicable to a subcontractor or sub-
subcontractor, the Contractor shall include the information required by this clause
with their bid.
10.37 VERIFICATION REGARDTNG COMPLTANCE W|TH A.R.S. S 414401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
10.37.1 By entering into the contract, the Contractor warrants compliance with the
lmmigration and Nationality Act (lNA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. 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 (l-9) as required by the lmmigration
Reform and ControlAct of 1986, as amended from time to time, for all employees
performing work under the contract and verif,7 employee compliance using the E-
Verifu 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. l-9 forms are
available for download at www.uscis.qov.
10.37.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.37.1 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 Coung 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.
10.38 CONTRACTOR LICENSE REQUIREMENT
10.39
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.
INFLUENCE
10.39.1As prescribed in MC1-1203 of the Maricopa County Procurement Code, any
effort to influence an employee or agent to breach the Maricopa County Eihidl
Code of Conduct or any ethical conduct, may be grounds ior disbaiment or
suspension under MC1-902.
10.39.2 An attempt to influence includes, but is not limited to:
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10.39.2.1 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.
10.39.3|f a person attempts to influence any employee or agent of 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.
10.40 CONFIDENTIALINFORMATION
10.40.1Any 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.
10.40.2The 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,
10.40.3Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any
dissemination.
10.41 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. lf 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.
10.42 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.
10.43 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees !9 99T!Ly Y'1! ?lJ ^a!!l"iP]g
piovisions -ot fitte 2, Subtitte A, Chapter ll, Part 20O-UNIFORM ADMINISTRATIVE
iieoutneuENTS, cosr PRINcIPLES, AND AUDIr REQUIREMENTS FoR FEDERAL
AWARDS contained in Title 2 C.F.R. $ 200 ef seg'
SERIAL 240129.RFP
10.44 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.
10.45 FORCED LABOR
10.45.1By 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. Contractino: procurement: orohibition:
written certifi cation: remedv: termination: exception: defi nitions.
10.45.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
10.45.2.1 The forced labor of ethnic Uyghurs in the People's Republic of China
10.45.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People's Republic of China.
10.45.2.3 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.
10.45.3|f Contractor becomes aware during the term of the contract 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. lf the
Contractor fails to provide a written certification to the County that the Contractor
has remedied the noncompliance within 180 days after notiflTing the County of its
noncompliance, then the contract terminates, except that if the contract
termination date occurs before the end the 180 day period, the contract
terminates on the contract termination date.
10.46 PRTCES
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.
10.47 UNIQUE ENTITY IDENTTFTER (UEr) AND SYSTEM FOR AWARD MANAGEMENT
REGISTRATION
All contractors that receive funding must have a UEI number through
https://sam.gov/contenUentity-registration. Contractor must also remain current with the
System for Award Management www.sam.gov throughout the term of the contract.
10.48 RELIGIOUSACTIVITIES
10.49
The Contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
POLITICAL ACTIVITY PROH I BITED
None of the funds, materials, groperty, or services contributed by the county or the
Contractor under the contract shali be-used in the performance otinis contraci to1. anv
partisan political activity, or to further the election or defeat of any candidate for public
office.
SERIAL 240129.RFP
10.50 EQUAL EMPLOYMENTOPPORTUNITY
10.50.1 The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national
origin. The Contractor shall take affirmative action to ensure applicants are
employed and that employees are treated during employment without regard to
their race, age, disability, color, religion, sex, or national origin. Such action shall
include but is not limited to the following: employment, upgrading, demotion or
transfer, recruitment, or recruitment advertising, lay-off or termination, rates of
pay or other forms of compensation, and selection for training, including
apprenticeship.
10.50.2 Contractor shall comply with the following provisions:
10.50.2.1 Title Vl and Vll of the Civil Rights Act of 1964, as amended (42 U.S.C.
$$ 2000a, et seq.);
10.50.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. $$ 701, et
seq.);
10.50.2.3 The Age Discrimination in Employment Act of 1967, as amended
(29U.S.C. SS 621, et seq.);
10.50.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. $$ 12101, et
seq.); and Arizona Executive Order 2009-09, as amended, et seq.
which mandates that all persons shall have equal access to
employment opportunities.
10.50.2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
10.51 CERTIFICATION REGARDING LOBBYING
10.51.1 Contractor certifies, to the best of their knowledge and belief, that:
10.51.1.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency. This applies to a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant. lncluding the
making of any federal, loan the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
agreement.
1O.S1.2lf any funds other than federal appropriated funds, have been paid or will be paid-
to any person for influencing or attempting to influence. an officer or employee of
any agency, member of congress, an officer or employee of congress, or an
emptoiee
-of a member of Congress in connection with this federal contract,
grant,'loan, or cooperative agreement, the undersigned shall complete and
Iubmit Standard Form-LLL, "Diiclosure Form to Report Lobbying," in accordance
with its instructions.
10.51.3 Contractor shall include Lobbying certification language in the award documents
for all subcontractors (including s--ub-grants, and contract under grants, loans, and
cooperative ,gi""r"i'.'tr) and-that ill sub-recipients shall certify and disclose
accordinglY.
SERIAL 240129.RFP
10.51.3.1 The Lobbying Certification is a material representation of fact upon
which reliance was placed when this transaction is made or entered
into. Submission of this certification is prerequisite for making or
entering into this transaction imposed by section 1352, Title 31, U.S.
Code. Any successful proposer(s) who fail to file the required
certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
10.52 CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or requirements issued
under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR part 15).
10.53 ENERGY POLICY AND CONSERVATION ACT
Contractor must adhere to the standards and policies relating to energy efficiency, which
are contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).
10.54 ORDER OF PRECEDENCE
ln 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 CONTRACTDISPUTES
All Contract disputes will be handled in accordance with the Maricopa County
Procurement Code, MCI-906.
10.56 INCORPORATION OF DOCUMENTS
10.56.1 The following are to be attached to and made part of this Contract:
10.56.1.1 Exhibit A - Vendor lnformation and Pricing
1 0.56.1 .2 Exhibit B - Scope of Work
10.56.1 .3 Exhibit C - Service Level Agreement
10.56.1.4 Exhibit D - lnformation Technology Supplemental Terms & Conditions
10.56.1.5 Exhibit E - Office of Procurement Services Contractor Travel and Per
Diem Policy
10.57 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 85003-1 647
SERIAL 240129.RFP
For Contractor:
Konica Minolta Business Solutions U.S.A., lnc.
100 Williams Drive
Ramsey, New Jersey 07446
Attn: GeneralCounsel
10.58 INQUIRIES
10.58.1 Administrative telephone/email inquiries shall be addressed to:
ELIZABETH KUTTNER, PROCUREMENT OFFICER
TELEPHONE: (602) 506-0099
elizabeth. kuttner@maricopa. gov
10.58.2lnquiries may be submifted by telephone but must be followed up in writing. No
oralcommunication is binding on Maricopa County.
SERIAL 240129.RFP
lN WITNESS WHEREOF, this contract is executed on the date set forth above.
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.
AUTHORIZED SIGNATURE
V.^n
6.,Lt/)soa-$
pnrrureD NAME ANDrrrle
l@
o1Llq 6
ADDRESS
8-t-
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUry COUNry ATTORNEY
DATE
I
SERIAL 240129.RFP
EXHIBIT A: VENDOR INFORMATION AND PRICING
COMPANY NAME:
Konica Minolta Business Solutions U.S.A., lnc
DOING BUSINESS AS (dba)
MAILING ADDRESS:
100 Williams Drive, Ramsey, New Jersey 07446
REMIT TO ADDRESS:
Dept. CH 19188 Palatine, 1160055-9188
TELEPHONE NUMBER:
201-8254000
FAX NUMBER:
\AAAM/ADDRESS
http ://www. kon icam inolta. us
REPRESENTATIVE NAME:
Jake Martinez
REPRESENTATIVE TELEPHONE NUMBER
480-258-0878
REPRESENTATIVE EMAIL ADDRESS
iake. martinez@kmbs.konicaminolta. us
UEI (Unique Entitv ldentifier) (SAM.qov)
VKMSP3JMNLTT
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
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PAYMENT STANDARD: NET 30 DAYS
PROJECT TASK ORDER PRICING
Pricing for task order projects shall be submitted in response to a task order, and may have
additional costs outside of the billing rate for the engagement. Project pricing will be evaluated
at time of task order response.
Fees provided with responses to task ordered shall be inclusive of general office supplies,
faxes, local travel expenses, and general administrative functions and off-hours services
unless otherwise stated in the Task Order. Vendor will provide any additional pricing for
specific Task Orders at time of Task Order proposal submission in response to Task Order
scope of work.
tr
a
SERIAL 240129.RFP
EXHIBIT B: SCOPE OF WORK
We pride ourselves on our highest levels of Hyland Partner certification, ensuring that our experienced
team is exceptionally qualified to assist you in designing and implementing solutions that align perfectly
with both your short-term and long-term objectives. Our commitment is to achieve your goals on time
and within budget.
Breadth of Services and Tools: We offer a wide range of services and tools that encompass every
aspect of project implementation-from initial planning and design to deployment and ongoing
support. Our solutions leverage the full capabilities of the software to ensure optimal performance
and user satisfaction.
Consultative, White-Glove Approach: Konica Minolta adopts a consultative approach to each project,
providing white-glove service to ensure a deep understanding of your needs. This approach includes
co-authoring solution options and collaboratively documenting requirements, allowing us to tailor our
services precisely to your specifications.
Konica Minolta llM Guarantee: The Konica Minolta Experience commits us to guarantee the delivery
of your solution as agreed upon, both in terms of budget and scope. This guarantee is backed by our
methodical process of requirement documentation and solution customization.
Local lnsight and Global Expertise: Our team combines global expertise with a strong local presence
in Arizona, making us uniquely positioned to support Maricopa County effectively.
Exceptional OnBase Support and Customer Success Program: We are dedicated to providing
sustained support for the OnBase system, complemented by our comprehensive customer success
program. This program is designed to promote ongoing improvement and ensure the long-term
success of your document management infrastructure.
Dedicated Project Management and Strategic Support: Our team offers dedicated project
management and strategic support that aligns with Maricopa County's operational timelines. This
ensures that the OnBase system is maintained efficiently and continues to meet the evolving needs
of the County.
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o Vision and Strategic Consulting Services: At Konica Minolta, we understand that lntelligent
lnformation Management extends beyond lntelligent Content Services. Our approach includes three
key pillars: lntelligent Content Services, lntelligent Automation, and Business Process Outsourcing
(BPO) Services. We harness our strategic partnerships with industry leaders such as Hyland,
Tungsten Automation, Salesforce, Microsoft, and UiPath to drive continual value and adapt io the
changing needs of our clients.
Our status as a Hyland OnBase Platinum Partner and Diamond Support partner underscores our
commitment to delivering technical excellence, exceptional customer service, and reliable support.
Konica Minolta is committed to providing_ exceptional support for Maricopa County, focusing on
maximizing the performance and reliability of.the existing OnBase system. We are commiited to ensiring
that the County's investment in onBase delivers substantial, ongoing benefits, such as enhanced
operational efficiency, cost savings, and superior service delivery. This Commltment is aimed at helping
Maricopa county achieve its objectives both now and in the future.
Konica Minolta is committed to serving as a comprehensive partner to Maricopa County on your
lntelligent lnformation Management Joumey. our commitment to excellence and customer success is
unwavering and we look forward to serving you.
we have a comprehensive solution offering focused on three core pillars of lntelligent lnformation
Management:
SERIAL 24O,I29.RFP
.
lntelligent Content Services - Konica Minolta's lntelligent Content Services provide an integrated
suite of solutions designed to enhance content management and operational efficiency. These
services include content management software that merges document and digital asset
management for seamless collaboration; document management systems for efficient data capture,
storage, and analysis; and case management that focuses on handling content in bundles.
Additionally, records management ensures systematic control of the information lifecycle, aligning
with business and regulatory needs. lnformation governance further supports the framework by
implementing best practices and compliant solutions, securing and optimizing business operations.
o lntelligent Automation - Konica Minolta's intelligent automation offerings encompass a suite of
advanced technologies designed to enhance business efficiency and decision-making. Our workflow
automation utilizes sophisticated software tools to automate and streamline business processes,
significantly reducing manual labor and improving process efficiency. Robotic Process Automation
(RPA) automates routine, repetitive tasks that are typically performed manually, optimizing time and
resources. lntelligent Document Processing (lDP) employs Al-based technologies to automate data-
heavy tasks, enhancing accuracy and speed in business operations. Additionally, our Artificial
lntelligence (Al) capabilities include machine learning, natural language processing, pattern
recognition, problem-solving, and decision-making, further elevating operational effectiveness and
strategic insights.
o Business Process Outsourcing (BPO) for scanning services offers a strategic advantage by enabling
organizations to outsource the scanning, digitization, and organization of physical documents. This
service transforms traditional paper documents into accessible digital formats, enhancing data
accessibility and retrievability. By partnering with a third-party provider, businesses can significantly
reduce their operational burdens and costs associated with document management. This approach
not only streamlines administrative processes but also increases the efficiency of document
handling and storage, allowing companies to focus more on core activities and strategic initiatives.
1. Services shall be available during normal County business hours (8am to 5pm Mountain Standard
Time), as well as on an as-needed basis after normal business hours for emergencies, to address
issues with minimal disruption to staff.
Our maintenance and support services are available from 6 a.m. to 6 p.m. Mountain Standard Time
during normal business hours, Monday through Friday. Additionally, we provide emergency support after
hours to address urgent issues, ensuring minimal disruption to County staff operations. This extended
availability ensures that assistance is accessible when needed, enhancing operational continuity and
staff productivity.
2. Contractor shall have the ability to support extended hours on an "as-needed" basis which may
include 2417 coverage including evenings, holidays, and weekends.
Konica Minolta is committed to providing comprehensive support tailored to the County's needs,
including the capability to offer extended service hours on an "as-needed" basis. Our support includes
options for 2417 coverage that spans evenings, weekends, and holidays as needed. This arrangement
ensures that we are ready to assist whenever critical support is required, maintaining the continuity and
efficiency of your operations.
3. All requests for new OnBase projects developed under this agreement will be assessed by the
appropriate County staff for review and approval prior to start of work. (Contact information to be
provided after contract award).
Konica Minolta acknowledges and accepts that all requests for new OnBase projects under this
agreement will be subject io asr"ssreni and approval by the appropriate County staff prior to the
.Jrr"n."rent of work. we understand that ihe necessary contact information will be provided
iollowing the award of the contract. We look forward to collaborating closely with County staff to ensure
all projects meet your standards and requirements'
4. contractor shall provide an account manager serving as a single point of contact for support and
maintenance as well as project work initiatives'
Konica Minolta nr. O"rignii"i l"t" Martinez as our dedicated Account Executive for your account,
serving as the ,ingre'iJiii oi"onG.i for a[ support, maintenance, and project-related initiatives' Jake,
along with a number of other resources, is Lbtal to Maricopa County, will oversee the entire client
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SERIAL 240129.RFP
relationship, from initial engagement and project definition through the creation of deliverables and the
statement of work, ensuring a smooth transition to our Professional Services Delivery Team. This
approach guarantees consistent communication and streamlined project management throughout the
duration of our partnership.
5. Contractor shall have and maintain for the duration of the agreement, technical staff who possess
sufficient familiarity with OnBase features and functionality to develop low code solutions, as well as
experience in developing solutions using Robotic Process Automation (RPA) and Artificial
lntelligence (Al) with actual business data.
Konica Minolta is fully committed to meeting the specifications outlined in section 2.4 of lhe RFP issued by
Maricopa County. Our approach includes maintaining a highly skilled technical staff with expertise in
OnBase features, as well as advanced capabilities in lntelligent Automation technologies such as
Robotic Process Automation (RPA) and Artificial lntelligence (Al).
Here's a detailed breakdown of our commitments:
o
OnBase Expertise: Our team comprises certified professionals who are adept at leveraging OnBase for
robust document management solutions. These solutions are designed to optimize document handling,
storage, and retrieval processes, which are core to our capabilities in the field. We specialize in
developing low-code solutions that streamline operations and enhance user experiences, aligning with
the County's needs for effective and efficient workflows.
lntelligent Automation: Under the umbrella of lntelligent Automation, we utilize RPA to automate
repetitive, rule-based tasks, freeing up human resources for more complex activities. Our use of Al
extends to processing large volumes of data to extract actionable insights and automating decision-
making processes. This strategic implementation of RPA and Al significantly enhances operational
efficiency and accuracy, providing reliable and advanced solutions for County operations.
Commitment to Microsoft and Salesforce Ecosystems: Recognizing the importance of integration and
scalability, Konica Minolta is deeply integrated within the Microsoft and Salesforce ecosystems. This
integration ensures that our solutions are not only robust but also compatible with widespread enterprise
applications, facilitating seamless workflows and data consistency across platforms.
Continuous Professional Development: We invest in ongoing training and professional development to
ensure that our staff remains knowledgeable about the latest technological advances within the OnBase,
Microsoft, and Salesforce ecosystems, as wellas emerging trends in RPA and Al.
Collaborative lnnovation: Our strong partnerships with Hyland, Microsoft, Salesforce, and other
technology leaders enable us to continuously innovate and integrate the latest features and capabilities
into our offerings. This collaborative approach helps us fully leverage the combined strengths of
OnBase, lntelligent Automation, and ecosystem integrations to meet and exceed the specific needs of
Maricopa County.
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6. Contractor shall provide software support via telephone, electronic mail, and site visits when
necessary. Standard telephone support shall be provided via toll free phone number from 8am until
Spm Monday - Friday (Mountain Standard Time). lssues not resolved within the initial phone callwill
be assigned a tracking number and resolved within the terms of the Service Level Agreement.
Konica Minolta is committed to providing comprehensive software support through ,Tarious channels
including telephone, email, and on-site visits when necessary. our'standard tllephone support is
available through a toll-free number, 800-362-8772 (option #1), from 6am to 6pm,' Monday'through
Friday, Mountain Standard Time. For issues that cannot be resolved during tne lnitiat phone call, a
tracking number will be assigned, and the issue will be addressed within the [arameters defined in our
Service Level Agreement.
The Konica Minolta llM Technical Support Team, part of our dedicated llM Help Desk, supports clients in
the use, installation, and development of our solutions. Upon contract award, we will provide a detailed
customer Support Guide that outlines the operational' expectations and communication protocols
between our support ream and clients. This guide serves "i-" .orprehensive reference to ensure
clarity and efficiency in our support services.
SERIAL 240129.RFP
For support during normal business hours, clients can contact us via the provided phone number or
email us at iim.support@kmbs.konicaminolta.us. lssues can also be submitted after hours through the
same email address, ensuring continuous support availability.
7. Contractor shall provide a web based platform available 24n1365 (excluding maintenance windows)
for submitting and tracking requests and issues from submiftal through resolution. To enable
contractor to provide effective support, County will establish Virtual Desktop lnterface (VDl) access
based on remote access procedures compatible with County practices.
Konica Minolta will provide a robust web-based platform accessible 24n1365, excluding scheduled
maintenance windows, for the efficient submission and tracking of support requests and issues from
initiation to resolution. This platform ensures seamless management of requests, enhancing
transparency and communication throughout the support process.
To facilitate effective and secure support, Maricopa County will provide Konica Minolta with Virtual
Desktop lnterface (VDl) access. This access will adhere to remote access procedures that are fully
compatible with County practices, ensuring compliance and security.
Additionally, Konica Minolta's support services are available around the clock, including holidays, as per
the specific needs and scheduling requirements pre-defined by Maricopa County. This commitment to
continuous support ensures that assistance is always available when needed, thereby minimizing
potential disruptions to County operations.
8. SERVICELEVELAGREEMENT
Contractor shall provide a Service Level Agreement (Sl-A) with their proposal. Respondents being
considered for award will negotiate proposed Sl-As with the Coun$.
Konica Minolta has included a detailed Service Level Agreement (Sl-A) as part of our proposal, which
you can find in the section titled "Service LevelAgreement." We are committed to ensuring that our SLA
meets the specific needs and expectations of Maricopa County. To this end, we are very open to
negotiating the terms of the SLA during the award consideration process to ensure it aligns perfectly with
the County's requirements and objectives. Our goal is to provide a tailored agreement that facilitates
effective and efficient collaboration, ensuring the highest level of support and service delivery.
9. TRAINING
For project work and customer deployments, Konica Minolta has developed a comprehensive, three-
phase training plan to ensure that County staff are fully proficient in the operation of our solutions and
are prepared to take complete ownership:
o Pre-Production Training: Prior to the rollout of the system, we provide intensive training sessions to
familiarize your team with the key functionalities and administrative processes of the OnBase system.
o ln-Process / Ongoing Training: As the implementation progresses, we offer continuous training to
address any evolving needs and to ensure that all users are comfortable and adept with the system
as it becomes an integral part of your daily operations.
o Post-lmplementation iraining: After the system goes live, we provide additional training to reinforce
learning, address any complex scenarios that may arise, and ensure that all users are fully capable of
leveraging the system to its fullest potential.
This structured approach ensures that Maricopa County staff not only receives appropriate initial
education but also ongoing support to adapt to and fully leverage the OnBase system effectively.
IO. IMPROVEMENTS, ENHANCEMENTS, UPGRADES, UPDATES, NEW RELEASES, AND OTHER
CHANGES TO THE PLATFORM'
The execution of upgrades, including the testing and adjustments to production solutions' falls outside
the standard scope of our annual Miintenance ind Support Services agreement with Maricopa County
and Hyland. These activities require a separate engagement:
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SERIAL 240129.RFP
Upgrade Process: Upgrading involves updating the existing Production or Test environment to a
newer software version. This process may require an upgrade code from Hyland Software, which
Konica Minolta can facilitate. For example, upgrading from OnBase version 9.2.0.536 to 9.2.1.536 to
correct an outstanding defect involves modifications that might require changes to database sub-
schemas.
Additional Support Services: lf Maricopa County requires support during these upgrades, such as test
plan design, test execution, or deployment activities, these would be managed through a separate
project engagement. Clients are encouraged to contact their Account Manager to discuss the
requirements and engage our Professional Services Team accordingly.
This approach ensures that while routine support and maintenance is effectively covered, any signiflcant
upgrades and associated activities are planned and executed with clear scopes and terms, maintaining
transparency and efficiency for the County.
11. Support of the County in all activities related to providing fixes, patches and upgrades
necessary to maintain OnBase functionality, including any interfaces or connections to
County line of business applications (Workday, Advantage, etc.).
Konica Minolta provides comprehensive technical support for the integration of Maricopa County's
OnBase system with key business applications such as Workday and Advantage. This support ensures
that existing integrations operate smoothly and remain functionalwithin the current configuration.
However, it is important to note that any updates, modifications, or enhancements to these integrations
are not covered under the standard technical support agreement. lnstead, these activities would be
addressed through one of the following arrangements, depending on the County's specific needs and
preferences:
o Professional Services Task Orders: Tailored services for specific projects related to updates or
modifications of existing integrations, executed through detailed task orders.
o Managed Services: Comprehensive, ongoing management and optimization of OnBase integrations
as part of a broader managed services agreement.
o Staff Augmentation: Provision of specialized personnel who work alongside County staff to implement
updates or modifications, integrating seamlessly with your team to enhance capacity and expertise.
This structured approach ensures that while ongoing support for current integrations is robust and
reliable, any necessary changes or improvements are efficiently managed through the appropriate
service channels, aligning with Maricopa County's strategic objectives and operational requirements.
12. Support services that include, but are not limited to, application maintenance, perfornance
improvement, production breaUfix corrections, technical assistance, troubleshooting, and
guidance on reported problems.fin response to Project Task Order]
Konica Minolta is dedicated to providing Maricopa County with a seamless and effective support system
for the OnBase platform. We achieve this through a comprehensive blend of Maintenance & Support,
Professional Services Task Orders, Managed Services, and Staff Augmentation, tailored to meet all of
the County's operational needs and requirements.
o Maintenance & Support: Our foundational services ensure that the OnBase system is always up- to-
date, secure, and running efficiently. This includes regular updates, patches, ind immediate fixes for
any production issues.
o Professional Services Task Orders: For specific projects or enhancements, Task Orders allow for
detailed, bespoke solutions that are scoped and executed to meet particular requirements, ensuring
precise alignment with County objectives.
o Managed Services: This option provides ongoing management and optimization of the OnBase
system, offering a proactive approach to system maintenance, pe*ormance monitoring, and
continuous improvement.
o Staff Augmentation: We can supplement the County's existing capabilities with speciatized expertise
from our team, providing additional resources to manage and -execute large-scale'projlcts or address
SERIAL 240129.RFP
complex system enhancements
By integrating these services, Konica Minolta ensures that Maricopa County receives the most
comprehensive and efficient support possible, tailored to enhance system functionality and align with the
County's strategic goals. This approach not only addresses immediate needs but also supports long-
term system health and performance.
13. Dedicated and certified support resources including direct access to the Hyland National
Support Team for issue reporting and resolution.
Konica Minolta offers dedicated and highly certified support resources, holding the highest levels of
certification within the Hyland ecosystem. This ensures that Maricopa County has direct access to the
Hyland National Support Team, facilitating efficient and effective issue reporting and resolution. Our
team's expertise and credentials allow us to provide superior service, quickly addressing and resolving
any system concerns to maintarn optimal functionality and system performance. This direct line to
Hyland's expertise underscores our commitment to delivering the highest standard of support and
customer satisfaction.
14. Maintenance may include support of any features and enhancements created by other
qualified Platinum or Platinum Elite Partnerc done through the Task Order process.
Konica Minolta is committed to offering comprehensive maintenance support for Maricopa County's
OnBase system, including features and enhancements developed by other qualified Platinum or
Platinum Elite Partners, as detailed in the Task Order process. Our extensive experience in collaborating
with multiple partners enables us to ensure seamless integration and consistent performance across all
system enhancements.
Additionally, we do recognize the distinct advantages of consolidating support under a single provider
when feasible. A unified approach simplifies communication, streamlines service delivery, and enhances
system coherence, leading to more efficient problem resolution and system improvements. By
centralizing maintenance services, Konica Minolta can offer more cohesive and effective support,
optimizing the functionality and reliability of the OnBase system for Maricopa County.
15. PROJECT MANAGEMENT (SERVTCES TO BE AWARDED THROUGH TASK ORDERS)
Konica Minolta shall provide Project Management as per Section 9.4 Duties of this contract.
16. KONICA MINOLTA PROJECT TEAM & ROLES
The Konica Minolta Professional Services Teams are organized based on our different practice
specialization areas. Higher Education and Government being our top vertical markets served, we have
organized dedicated Teams to support implementations that allow for vertical specialization within our
practice group.
Scrum based POD organization is a way of organizing work within a company or team using the 99ty,
framework. ln this approach, the team is organized into small, cross-functional groups called PODs,
each of which is responsible for delivering a specific product or service. The Konica Minolta Enterprise
Content Services Team consists of 5 total PODS.
Each pOD consists of 6-10 members, including a Scrum Master, Product Owner, and Development
Team members. The Scrum Master is responsible for facilitating the Scrum process and ensuring that
the team follows the rules and practices of Scrum. The Product Owner (Sharing duties between the
poiii6n, of project Manager, Solution Architect, and Business Analyst) is responsible for representing
ihe customer oiend u."r lnd defining the product backlog - a prioritized list of features or requirements
that the team needs to deliver. The D6velopment Team members are responsible for designing, building'
and testing the product or service.
SERIAL 24OI29.RFP
ln a Scrum based POD organization, the focus is on delivering value to the customer in short, iterative
cycles called sprints, typically lasting 2-4 weeks. Each sprint begins with a sprint planning meeting,
where the team selects items from the product backlog that they will work on during the sprint. The team
then works on these items during the sprint, holding daily stand-up meetings to stay on track and identify
and resolve any issues or obstacles that arise.
At the end of each sprint, the team holds a sprint review meeting to demonstrate the work they have
completed to stakeholders and gather feedback. They also hold a sprint retrospective meeting to reflect
on their performance and identify areas for improvement. The results of these meetings are used to
inform the planning of the next sprint.
Overall, Scrum based POD organization is designed to be flexible, adaptable, and focused on delivering
value to the customer in a collaborative and iterative way.
Oversight for the client experience and delivered solutions is handled by a Supervisor within each POD,
a Professional Services Manager handling 2 - 3 PODS, and a Professional Services Director to guide
the overall product vision and organizational roadmap.
Personnel Planned for Maricopa County
We assign team members to each project and keep them in place throughout the project to ensure
consistency. To ensure project goals are met, we hold formal Project Review meetings and provide
written status reports. One of our experienced project managers will be assigned to your project. Your
project manager will be your day to day contact throughout the duration of the implementation and
during your post project period.
Keith Thomson, Vice President of Professional Seruices (Maricopa County Resident)
Email: kthomson@kmbs.konicaminolta.us httos://www.linkedin.com/in/keith-thomson41bb6b47/
Professiona! summary
As the Vice President of llM Professional Services, Keith is a national leader who develops and
establishes the Professional Services Group's and Maintenance and; Supports strategic direction,
divisional policies and operational procedures in an effort to deliver high-value, custom-tailored
document
management solutions to the llM Practice client base. His focus is on ensuring that all active clients are
satisfied with their solutions, and are receiving the desired results from their individual project teams.
Experience
o OCI- OnBase Certified lnstaller
o OCWE- OnBase Certified Workflow Engineer
o OC\A/V- OnBase WorkView Certification
Jason Andress, Director Government Professional services Delivery Team
Email: iason.andress@kmbs.konicaminolta.us httos://www.linkedin.com/in/iason-andress-70513913/
Professional summary
As a Professional Services Director, Jason is responsible for managing all professional services
engagements within the Government vertical; as well as the managemenf of the Government Team
engineering gnd project management staff. He is focused on ensuring tnat att active clients are satisfied
with their solutions, and are receiving the desired results from theii individual project teams. Jason,s
foremost goal is to assure the delivery of our defined Konica Minolta values: Accountable, passionate,
lnclusive and collaborative, open and honest, lnnovative, and customer centric.
The Professional Services Manager has financial responsibility for the performance and productivity of
the engineering and project management personnel.
Experience
o Certified Scrum Product Owner
o Certified ScrumMaster
o OnBase Certified lnstaller
o OnBase Certified Workflow Engineer
SERIAL 240129.RFP
John Dunne, llM Senior Sales Engineer (Maricopa County Resident) Email:
idunne@kmbs.konicaminolta.us httos://www.linkedin.com/in/iohn-dunne-2a35144/
Professional summary
As a Senior Sales Engineer, John is responsible for managing all professional services request related
to this project. He is focused on ensuring that Maricopa County is satisfied with their solutions, and are
receiving the desired results from their individual departmental goals. John's goal is to assure the
delivery and professional services support needed for a smooth transition.
Experience
o OnBase Certified lnstaller
o OnBase Certified Workflow Engineer
Jake Martinez, llM Account Executive- Primary Contact (Maricopa County Resident)
Phone: 480-258-0878
Email: iake.martinez@kmbs.konicaminolta.us httos:/Aaruw.linkedin.com/in/iake-martinez-5251541a3/
Professional summary
Jake is responsible for the overall relationship with our clients, starting from the initial engagement to
define the project, working on creating the deliverables statement of work, until it is transitioned to the
Professional Services Delivery Team. He is also responsible for all contract related matters and
continued servicing of the account.
SERIAL 240129.RFP
EXHIBIT C: SERVICE LEVEL AGREEMENT
Service Level Agreement (SLA) with Performance Guarantees for Maricopa County for Project
Support, All Phases
1. lntroduction
This Service Level Agreement (SLA) outlines the support services Konica Minolta shall provide to
Maricopa County for their all project work awarded under this Contract.
2. Objectives
The primary objective of this SLA is to ensure that the support services provided meet the needs and
expectations of Maricopa County. The SLA defines the level of service, response times, fees at risk
against performance guarantees and the responsibilities of both parties.
3. Definitions
Support Request Any request made by Maricopa County to resolve an issue or to obtain
assistance.
Severity Levels: Classification of issues based on their impact on business operations.
o Severity 1: Complete system failure or critical business function failure.
o Severity 2: Users are unable to execute critical system functions or severe performance
degradation.
o Severity 3: lssues impacting non-criticalfunctions or non-production environments.
4. Contact lnformation
o Main Support Line: 1-800-362-8772 (Option #1), 8:00 AM - 8:00 PM Eastern Time
o Emai! Support: iim.support@kmbs.konicaminolta.us
o Customer Portal: Open a case through the MyKMBS Customer Portal.
Konica Minolta shall provide after-hours support by appointment or for production down situations.
Contractor shall have the ability to support extended hours on an "as-needed" basis which shall include
2417 coverage including evenings, holidays, and weekends.
5. Support Services
Konica Minolta shall provide the following support services:
o lssue Resolution:Assistance in resolving software defects, production and non-production
issues, and discrepancies between documentation and software behavior.
o Remote Support: Konica Minolta shall use remote access tools for troubleshooting.
6. Response Times
Konica Minolta commits to the following response times based on the severity of the issue. Fees at Risk
are against total project cost:
a
a
Response Time by Severity Level
.
Severity 1: Response within one working hour
.
Severity 2: Response within two working hours
.
Severity 3: Response within twelve hours
Service
Level
99Yo
99%
99Yo
Fees at
Risk
3o/o
3o/o
3%
SERIAL 240129.RFP
7. Responsibilities
Konica Minolta Responsibilities:
o Provide timely support and resolution based on issue severity.
o Communicate status updates and resolution timelines.
o Maintain accurate records of support requests and resolutions
Maricopa County Responsibilities:
o Provide detailed information about the issue, including error messages, and steps to reproduce.
o Ensure appropriate personnel are available to assist with troubleshooting.
o Maintain active software maintenance agreements.
8. Support Scope
The following activities are included under standard support:
o Resolution of software and system design defects and error messages
o Assistance with production and non-production issues.
The following activities may incur additional charges if they fall out of a project's scope of work:
o lssues related to system performance, external applications, or third-party software.
o Custom modifications to workflows, solutions, or APls.
o Consulting, training, and how-to questions.
9. Escalation Process
lf an issue is not resolved within the defined response time, Maricopa County may escalate the issue by
contacting the Konica Minolta Account Manager. Escalations should include:
o Description of the issue.
o lmpact on business operations.
o Reference to the initial support request.
1
SERIAL 240129.RFP
EXHIBIT D: INFORMATION TEGHNOLOGY SUPPLEMENTAL TERMS &
CONDITIONS
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
"lndividually ldentifiable Health lnformation" 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. lt 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 (Pll):
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 (PHl) relating to a person.
1.6
1.7
1.8
1.9
"Protected Health lnformation" (PHl) means individually identifiable health information
transmifted 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. 12329,
records described at 20 U.S.C.12329@)@)(BXiv) and employment records held by a
covered entity in its role as employer.
'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.
'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 electlonic 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.
'County ldentified lnformation Technology lT Security Contact" means the person or
peLs_ons designated in writing by the County to reieive security incident or breach
notification.
"Security lncident' means the potentially unauthorized access by non-authorized persons
to personal data or non-public data the service provider believel could reasonaoiv resurt
in the use, disclosure or theft of .a County's unencrypted personal data or non-public data
within the possession or control of the iervice prwider.'A ,".rrit/ incident ;"t;; ilt
not turn into a data breach.
1.10
SERIAL 240129.RFP
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 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 Provide/' 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 capabili$ 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.9.,
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 confi guration settings.
1.14
"Statement of WorUScope 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 il. 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.
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 servic"r'prorid"d Uy itris contract. fhe 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 lssues, (3) as required by the express terms of this
contract or (4) at the County's written request'
3.
3.4
SERIAL 240129.RFP
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:
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-Coung purposes requires written approvalfrom 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
othenryise made a part of this contract.
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.
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.
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 othenrvise prohibited in the
SLA.
3.6
3.5
3.7
4
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 an_d all vendor copies destroyed. The vendor must confirm in writing to the
County that all data was destroyed in iccordance with this agreem"ni
"no .i"te the
methodology used.
BACKUP AND DISASTER RECOVERY OVERVIEW
4'1
County has the right to, wilh72 hours' notice, request a test of customer-centric backup
and Disaster Recovery functionarity, as defined in ihe contract.
5.
6.
SERIAL 240129.RFP
4.2
Backups to removable media must be encrypted using the AES with a minimum of a 128-
bit key. lndustry 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.
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.
TESTING OVERVIEW
6.1 A documented strategy for testing and Quality Assurance (aA) of development and
configuration shall be provided to the County project team for approval prior to
commencement of system build upon request.
6.2
lssues 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.
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) prory. workstations must not be required to directly connect over the lnternet for
any reason.
7
SERIAL 240129.RFP
7.3
Any connection between the County and vendor needs to be secured using industry
accepted standards.
8.
SYSTEM SECURITY OVERVIEW
8.1
Security lncident 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.) 44-7501and 18-552,
California SB 1386, the Health lnsurance Portability and Accountability Act
(HIPAA), CriminalJustice lnformation Services (CJIS) and Payment Card lndustry (PCl).
8.3
lncident 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 othenrvise stipulated, if a data breach is a direct result of the service provider's
breach of its contract obligation to encrypt personal data or othenruise 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: GlobalAnalysis published by the Ponemon lnstitute at the time of the data
breach; and
8.5
8.6
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.
Breach Reporting Requirements: lf 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 notifi7 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.
The vendor shall make the information security incident response policy and procedure
avaihble to the County at any time upon request.
Access 1o S-ecurity Logs and Reports: The service provider shall provide reports to the
County in a format as specifled in the Sl-A agreed to by both tne iervice provider and the
County. Reports shall include latency sta-tistics, ,a"r ,.""s, user access internet
protocol (lP) address, user access history and security rogs for iir County nr"iiei"ieJ to
8.7
SERIAL 240129-RFP
this contract. County may, at their discretion, use separate Security lnformation 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
9.4
The system must log failed login attempts.
Logs must be made available to the County at any time, preferably though APl, 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 PCl.
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 Sl-As 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/lnformation 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 aftestations available
at the time of award, and at any time to the County upon request. Updated compliance
reports shall be provided to the County ldentified lT 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.
9.6
1.0
2.0
SERIAL 240129.RFP
EXHIBIT E: OFFICE OF PROGUREMENT SERVICES CONTRACTOR TRAVEL
AND PER DIEM POLICY
All contract-related travel plans and arrangements shall be prior-approved by the County contract
administrator.
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.qsa.oov.
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 hourly rate as an
overhead charge.
2.2
The County will not (under any 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 needs of the County when there is no lower fare available.
3.2
The lowest direct flight airtare rate from the contractor's assigned duty post (predefined
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 any 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 liabilig insurance shall be at the expense of the
contractor. The County will not reimburse a 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 (covered or enclosed
parking will not be reimbursed) airport parking only if it is less expensive than shutfle
service to and from the airport.
4.5
The County will not (under any circumstances) reimburse the contractor for guest vehicle
rental(s) or other any transportation costs.
5.0
7.0
6.0
SERIAL 240129.RFP
Contractor is responsible for all costs not directly related to the travel except those that have been
pr+.approved by the County contract administrator. These costs include, but are not limited to,
the 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.
Travel and per diem expenses shall be capped at 15 percent of project price unless otherwise
specified and approved by the County in individual contracts.
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
County 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.