220009-CONTRACT-ARIZONA COMMUNITY FOUNDATION 10-6-21.DOCX
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CONTRACT SMALL BUSINESS RESILIENCE PROGRAM 220009-RFP This contract is entered into this 20th day of October, 2021 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Arizona Community Foundation, an Arizona corporation (“Contractor”) for the purchase of services for the Maricopa County small business resilience program. 1.0 CONTRACT TERM 1.1 This contract is for the remaining 11 month term, beginning on the 20th day of October, 2021and ending the 31st day of August, 2022. 2.0 OPTION TO RENEW The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of 4 additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.0 PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit D – Pricing Sheet. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL 220009-RFP 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Quantity • Contract item number(s) • Arrival and completion time • Description of purchase (product or services) • Pricing per unit of purchase • Extended price • Freight (if applicable) • Mileage with rate (if applicable) • Total amount due 5.3.2 Labor, services, and maintenance must be billed as a separate line item. 5.3.3 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 5.3.4 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 accessible from the County Department of Finance Vendor Registration Web Site https://www.maricopa.gov/5169/Vendor- Information. 5.3.5 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.6 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 5.4 APPLICABLE TAXES 5.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 5.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable SERIAL 220009-RFP to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 5.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 9.0 DUTIES 9.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. SERIAL 220009-RFP 10.0 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 employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes relating to the performance of this contract. 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, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 10.1.3 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. 10.2 INFRINGEMENT DEFENSE AND INDEMNIFICATION 10.2.1 Definitions For purposes of this section: 10.2.1.1 “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. 10.2.1.2 “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. 10.2.1.3 “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. SERIAL 220009-RFP 10.2.2 Defense and Indemnity 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 attorney’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 settlement of the Claim. 10.2.3 Remedial Measures If 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 procure for County the right to continue use of the product; 10.2.3.2 replace or modify the software; or 10.2.3.3 to the extent that neither are deemed commercially practicable, refund to County a pro-rated portion of the applicable fees for software based on a linear depreciation monthly over a 10-year useful life, in which case County will cease all use of software 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 modifications by someone other than Contractor; 10.2.4.2 software has been modified by Contractor in accordance with County- provided specifications or instructions; 10.2.4.3 use or combination by the County of software with Third-Party Products, open source, or freeware technology; 10.2.4.4 Third-Party Products, open source, or freeware technology; 10.2.4.5 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 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 of the products. SERIAL 220009-RFP 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 INSURANCE 10.3.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 10.3.2 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. 10.3.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 10.3.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.3.5 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. 10.3.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 10.3.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 10.3.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 10.3.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. SERIAL 220009-RFP 10.3.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 10.3.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 10.3.9.3 Errors and Omissions/Professional Liability Insurance Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising out of the work or services performed by the contractor under the terms of this contract, with a limit of not less than $1,000,000 for each claim, and $2,000,000 for aggregate claims. 10.3.9.4 Crime Contractor shall maintain Commercial Crime Liability Insurance with a limit of not less than $1,000,000 for each occurrence. The policy shall include, but not be limited to, coverage for employee dishonesty, fraud, theft, or embezzlement. 10.3.9.5 Cyber, Network Security, and Privacy Liability Cyber, Network Security and Privacy Liability Insurance with a limit of not less than $5,000,000 per occurrence. 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 ID theft of data), invasion of privacy (regardless of the type of media involved in the loss of private information), 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 protection), network business interruption, computer fraud coverage, funds transfer loss, third-party fidelity, theft, no requirement for arrest and conviction, and loss outside the premises of the named insured. SERIAL 220009-RFP 10.3.10 Certificates of Insurance 10.3.10.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 10.3.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 10.3.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 10.3.11 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 10.4 FORCE MAJEURE 10.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 10.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 10.4.3 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. SERIAL 220009-RFP 10.5 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.6 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. 10.7 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. 10.8 PURCHASE ORDERS 10.8.1 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. 10.8.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 10.9 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. 10.10 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. 10.11 STOP WORK ORDER 10.11.1 The procurement officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable SERIAL 220009-RFP 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: 10.11.1.1 cancel the stop work order; or 10.11.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 10.11.1.3 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 10.12 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 10.13 TERMINATION FOR DEFAULT 10.13.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 10.13.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 10.13.1.2 make progress, so as to endanger performance of this contract; or 10.13.1.3 perform any of the other provisions of this contract. 10.13.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 10.14 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 10.15 CONTRACTOR EMPLOYEE MANAGEMENT 10.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.15.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.15.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 10.15.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. SERIAL 220009-RFP 10.15.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.15.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 10.16 INSPECTION OF SERVICES 10.16.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 10.16.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 10.16.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 10.16.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 10.16.3.2 reduce the contract price to reflect the reduced value of the services performed. 10.16.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 10.16.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 10.16.4.2 terminate the contract for default. 10.17 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. 10.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, SERIAL 220009-RFP securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 10.19 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 10.20 SUBCONTRACTING 10.20.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 10.20.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark- up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 10.21 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 10.22 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. 10.23 RIGHTS IN DATA 10.23.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 10.23.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 10.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 10.24.1 In accordance with Section MC1-373 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 persons duly authorized by SERIAL 220009-RFP the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 10.24.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 10.25 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 10.26 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 10.27 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. 10.28 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. 10.29 RELATIONSHIPS 10.29.1 In the performance of the services described herein, the Contractor shall act solely as an independent Contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co- employee, partnership, principal and agent, or joint venture between the County and the Contractor. 10.29.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 10.30 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, Contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) SERIAL 220009-RFP 10.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 10.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 10.32.1 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: 10.32.1.1 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; 10.32.1.2 have not within a three-year period preceding this contract: 10.32.1.2.1 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 10.32.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 10.32.1.3 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; 10.32.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 10.32.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 10.32.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 10.32.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors or sub-subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub-subcontractor, the Contractor shall include the information required by this clause with their bid. SERIAL 220009-RFP 10.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 10.33.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 10.33.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 10.33.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 10.34 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 10.34.1 The parties agree that this contract and employees working on this contract will be subject to the Contractor employee whistleblower protections established by Title 41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation. 10.34.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 10.34.3 Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year 2018). 10.35 CONTRACTOR LICENSE REQUIREMENT 10.35.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. SERIAL 220009-RFP 10.36 INFLUENCE 10.36.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 10.36.2 An attempt to influence includes, but is not limited to: 10.36.2.1 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. 10.36.3 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 10.37 CONFIDENTIAL INFORMATION 10.37.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. 10.37.2 The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. The Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 10.37.3 Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 10.38 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. SERIAL 220009-RFP 10.39 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. 10.40 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 10.41 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. 10.42 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 10.43 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract and Contractor’s license agreement, if applicable, the terms of this contract shall prevail. 10.44 INCORPORATION OF DOCUMENTS 10.44.1 The following are to be attached to and made part of this Contract: 10.44.1.1 Exhibit A – Vendor Information 10.44.1.2 Exhibit A-1 Budget Summary 10.44.1.3 Exhibit B – Scope of Work 10.45 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 160 S. 4th Avenue Phoenix, Arizona 85003-1647 For Contractor: SERIAL 220009-RFP 10.46 INQUIRIES 10.46.1 Inquiries concerning information herein must be submitted prior to the question deadline date/time posted in the e-procurement platform, Periscope S2G, using the link in the “Q&A” tab. 11.51.1 Administrative telephone/email inquiries shall be addressed to: JOEY MOLINA, PROCUREMENT OFFICER TELEPHONE: (602) 506-3454 Joey.molina@maricopa.gov 11.51.2 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL 220009-RFP IN WITNESS WHEREOF, this contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE PRINTED NAME AND TITLE ADDRESS DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 220009-RFP EXHIBIT A VENDOR INFORMATION COMPANY NAME: Arizona Community Foundation DOING BUSINESS AS (dba): MAILING ADDRESS: 2201 E. Camelback Rd. #405B, Phoenix, AZ 85016 REMIT TO ADDRESS: 2201 E. Camelback Rd. #405B, Phoenix, AZ 85016 TELEPHONE NUMBER: 602-381-1400 FAX NUMBER: WWW ADDRESS: www.azfoundation.org REPRESENTATIVE NAME: Morgan Bishop Fraser REPRESENTATIVE TELEPHONE NUMBER: 602-682-2062 REPRESENTATIVE EMAIL ADDRESS mbishopfraser@azfoudation.org YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 20 DAYS SERIAL 220009-RFP EXHIBIT A-1 BUDGET SUMMARY DETAIL PROPOSED FEE LOAN PROGRAM (Identify Each Position) $ $ $ $ $ $ TOTAL SALARY and WAGES: $ - TOTAL FRINGE BENEFITS: $ - @ Percentage Rate TOTAL PERSONNELL COSTS $ - $ Comprehensive Time and Materials Charges: Host application, generate receipt of application notification, vetting submit grant recommendations to the county, update application status in grant system, generate award or delcine notifications, financial services (hold funds, accounting and reporting, Tax ID verification, Issue repaymentes, record retention, issue 1099's) 686,240.00 $ Subcontract to Local First: customer service (English & Spanish support, update applicants with missing information, communicate with applicants about payment status), program marketing and promotion 363,760.00 $ $ $ $ $ $ $ $ $ TOTAL DIRECT COST: 1,050,000.00 $ $ TOTAL OF ALL COST CATERGORIES: $ $ TOTAL INDIRECT COST RATE: $ @Percentage Rate % % TOTAL OF ALL COST CATEGORIES PLUS INDIRECT COST RATE: $ $ TOTAL PROFIT @ % Total Budget $ 1,050,000.00 220009 - RFP SMALL BUSINESS RESILIENCE PROGRAM PROPOSED FEE DISPERSMENT OF GRANTS BUDGET SUMMARY OF COST WORKSHEET LINE ITEM BUDGET LINE ITEM SALARY and WAGES: Respondent Arizona Community Foundation PROPOSED BUDGET TECHNICAL ASSISTANCE Profit FRINGE BENEFITS: Indirect Cost Rate: (If applicable) SERIAL 220009-RFP EXHIBIT B SCOPE OF WORK Proposal (5.1.1.1) The Arizona Community Foundation (ACF) was established in 1978 as a statewide institution by a consortium of local banks and visionary leaders. 42 years later, ACF has grown to become one of the top 25 community foundations in the country. ACF represents over 1,900 individual funds, over $1.3 Billion in assets, and last year distributed over $192.1M through grants, scholarships, and community impact loans, bringing the total value of grants, scholarships, and loans awarded since inception to over $1 Billion. ACF is certified in compliance with the National Standards for U.S. Community Foundations and has been rated as a four-star charity by Charity Navigator for nine years. In response to the COVID-19 pandemic, ACF served as a critical community partner to eight municipalities across the state who sought to deploy emergency small business and nonprofit relief funds to organizations who were adversely impacted by the pandemic. The largest of the programs ACF supported was for Maricopa County where distributions totaled nearly $70M in relief funding. In partnership with Maricopa County, ACF provided back-office administrative and customer service support to ensure timely and quality distributions of grants to qualified entities. Due to the success of the program and impactful partnership with Maricopa County, ACF seeks to administer the Small Business Resilience Program. ACF will partner with Local First Arizona (LFA) for customer service and marketing efforts related the program, as outlined below. Application ACF will build an online application in English and Spanish on the existing ACF grants portal, mirroring the data collection points and qualifications required pursuant to Sections 2.2, 2.3 and 2.4 of Solicitation 220009-RFP Re- Solicitation. The login link to the portal will be provided on the website of our program sub-contractor and partner, LFA. Interested applicants will use a self-sign up to create a profile in the grant system and subsequently may begin an eligibility questionnaire to determine eligibility of the business. If an applicant is deemed eligible based on the answers provided in the eligibility questionnaire, the applicant will be prompted to begin an application for the program. Upon completing and submitting an application, applicants will receive an automated email confirming receipt of their submission and set forth expectations for next-steps and timeline of communication regarding the outcome of their application. Customer Service ACF will partner with LFA to staff customer service needs of the program. ACF will provide status updates, grant system access, and application outcomes via a secure server in which LFA will be equipped with the necessary information to provide customer service support to inquiring applicants. Technical assistance with the grant portal will be available during business-working hours via phone and email in both English and Spanish. LFA will also offer office hours for any applicants who seek additional in-person support while completing their application. The customer service team will provide applicants with status updates, payment delivery expectations and status updates, assistance with providing required documentation, and answering general inquiries related to the program. Support will be available in both English and Spanish, written and verbal. Application Vetting and Disbursement ACF will dedicate staff to review submissions to the program. The designated team will be trained to review qualification criteria of the program. Upon full review of the application submissions, ACF will provide the County, via a secure server, access to all applications as well as recommendations (i.e. award, decline, or return application for updates). Applications will be run through a Tax Identification Number (TIN) verification process to ensure proper matching of organizational information as submitted by the applicant; Applications with missing or unclear required data, responses or documents will be unlocked for applicants to update and re-submit; Applications from nonprofit entities will be verified against the IRS database to ensure good standing of the organization; SERIAL 220009-RFP Applications which are not deemed eligible will be notated as such with a reason as to why the application is suggest for declination; Applications which appear to meet program criteria will be notated as such with a suggested award amount. The award amount will be suggested based on year-over-year losses incurred for the look-back period; All suggested decisions (awarded or declined) will be sent to Maricopa County representative(s) via a secure shared file for final review and authorization. Decisions & Outcome Notifications After ACF completes vetting and provides Maricopa County with recommended awards and declines, Maricopa County will use a designated team to review ACF’s recommendations and perform additional vetting as desired. Adjustments made to the recommendations will be shared with ACF along with approval from authorized personnel at the County. ACF will use the approved decisions listing to update applicants of their application result. The approvals will be sent via email with an attachment which outlines all approved grants, grant amounts, and declined grants with reasons for decline. In some cases, the County may request additional information from an applicant, which will be facilitated by ACF and LFA. Financial Services Maricopa County will send available funds in regular intervals to a separate fund established fund at the Arizona Community Foundation. ACF will use the available funds to send grants to awarded businesses and nonprofits of the program after receiving approval from the County. ACF will maintain regular review of grant distributions and communicate with grantees to ensure their grants are received. ACF will work with the County to reconcile authorized payments from the County against financial records at ACF to ensure accurate accounting and management of distributions. Record Retention and Reporting ACF will collect and retain copies of all records and back-up related to the project for six years after final payment or until the resolution of any audit questions, whichever is longest. ACF will provide application reports on a regular basis, no less frequently than once per week. Financial reports will be available and regularly shared during the reconciliation process which will occur simultaneous to the application period as to provide ongoing review of financial standing. The County may request ACF to run reports ad-hoc, which will be provided in response to the request within three business days. Grant Program Marketing Strategy LFA will take a robust approach to ensuring the Maricopa County Small Business Resilience Program will be advertised and marketed to businesses throughout the region in multiple languages. Based on a self-funded survey conducted in 2017, LFA holds a 27% name recognition among households in Maricopa County. We believe based on LFA’s 19 years of facilitating programs and services within the county and building trust within the small business community, LFA’s marketing efforts will have a significant impact on driving a high number of applicants to meet the county’s needs. LFA has staff fluent in English, Spanish and French, and maintains strong partnerships with community organizations that speak fluently in a variety of additional languages. LFA’s Fuerza Local program actively works with over 800 low- income Spanish-preferred speaking businesses within Maricopa County that they will prioritize in making aware of the grants. With content produced in both English and Spanish, LFA will target their 50+ local media partners to market the program in print, radio and television to ensure businesses are made aware of the grant opportunity. LFA will develop and execute an initial marketing plan to activate awareness of the grants the County is making available and will activate all areas of marketing identified below on an ongoing basis. Through the following outlets, LFA will raise awareness of the grant program to small businesses throughout the county including: SERIAL 220009-RFP Distributing printed fliers in English and Spanish to community centers, areas of business convenings, and door to door to small businesses in the region to ensure they are made aware of the grants available. Personalized phone calls and email outreach to businesses who have received support services fromLFA and partner organizations in the region. Press release creation and distribution to community partners and media in both English and Spanish to announce the availability of the grants. Convening of partners in the region that have connections to businesses in different districts that speak a variety of languages to ensure they are aware of the grants being provided and how businesses can access them. In-person business networking events planned in the Maricopa County to allow small businesses to network and be made aware of the grants that are available. In-person office hours made available to businesses in English and Spanish to coach businesses how to apply for the grants. Email newsletters sent to LFA’s list of 25,000+ subscribers to continuously promote the grants. Graphics and promotional materials in both English and Spanish provided to partner organizations to share with their business networks on social media and in email newsletters. Google advertising to reach businesses searching for grant and financing opportunities online. Social media promotion to targeted demographics of small businesses in Maricopa County. 1099 Distribution ACF will verify TIN’s throughout the grant program to ensure accurate data for 1099 distributions upon the close of the program. ACF will partner with Henry and Horne to complete and distribute 1099’s on behalf of the County to all for-profit grant recipients. Fee for Service The program fee, with the assumption the program will distribute $30M in grant outputs, is $1,050,000. In the case less funding is distributed, ACF will charge 3.5% of grant dollars which are distributed with a minimum fee of $800,000. The minimum fee will be charged at the time of contract execution. The percentage-based fee charge will occur when the program surpasses $22,860,000 Million in grant distributions. The maximum fee is not to exceed $1,050,000. The fee encompasses efforts of both ACF and sub-contractor LFA. ACF will support the back-office services of the program, including: Host electronic application through ACF grant portal Generate receipt of submitted application to applicants Vetting submitted applications for qualification criteria Provide recommended grant amounts and recommended declines to County Update status of application in portal when decisions are made regarding application Generate status updates to applicants including: award notification, decline notification, need additional information notification Financial Services: o Hold funds in separate account at ACF o Accounting and reporting o Tax ID verification o Issue Payments o Record retention o Issue 1099’s LFA will support customer-service, forward-facing efforts of the program including: Customer service calls and emails in English and Spanish Customer service office-hours Program promotion and marketing Communicate to applicants with missing information (identify missing data and/or documents) Follow-up communications for payment status