240024-CONTRACT - 65TH NORTH GROUP, LLC.PDF
Extracted text (via pymupdf)
81721 characters
CONTRACT STRATEGIC CONSULTING SERVICES 240024-RFP This contract is entered into this 28th day of February, 2024 by and between Maricopa County (County), a political subdivision of the State of Arizona, and 65th North Group, LLC, an Arizona corporation (Contractor) for the purchase of various consultants’ services for Maricopa County Departments. 1.0 CONTRACT TERM 1.1 This contract is for a term of two years, beginning on the 1st day of March 2024 and ending the 28th day of February 2026. 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 four 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 A-1 Fee Schedule. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL 240024-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 240024-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 240024-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 INSURANCE 10.2.1 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. 10.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 10.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 10.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.2.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. SERIAL 240024-RFP 10.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 10.2.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 10.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 10.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 10.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 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. 10.2.9.2 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. 10.2.9.3 Workers’ Compensation 10.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL 240024-RFP 10.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability, or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 10.2.9.4 Errors and Omissions/Professional Liability Insurance Errors and Omissions (Professional Liability) insurance which will insure and provide coverage for errors or omissions or professional liability of the contractor, with limits of no less than $2,000,000 for each claim. 10.2.9.5 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 10.2.10 Certificates of Insurance 10.2.10.1 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. 10.2.10.2 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. 10.2.10.3 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. 10.2.11 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. SERIAL 240024-RFP Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 10.3 FORCE MAJEURE 10.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes 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. 10.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 10.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 10.4 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.5 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. 10.6 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. 10.7 PURCHASE ORDERS 10.7.1 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. 10.7.2 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. SERIAL 240024-RFP 10.8 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. 10.9 SUSPENSION OF WORK The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 10.10 STOP WORK ORDER 10.10.1 The procurement officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 10.10.1.1 cancel the stop work order; or 10.10.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 10.10.1.3 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. 10.11 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 10.12 TERMINATION FOR DEFAULT 10.12.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to 10.12.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 10.12.1.2 make progress, so as to endanger performance of this contract; or 10.12.1.3 perform any of the other provisions of this contract. SERIAL 240024-RFP 10.12.2 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. 10.13 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. 10.14 CONTRACTOR EMPLOYEE MANAGEMENT 10.14.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.14.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.14.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 10.14.4 Contractor shall not reassign any key personnel an awarded Task Order without the express consent of the County. 10.14.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.14.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 10.15 TRAINING Contractor shall provide training services as applicable to County personnel in the use and care of the equipment. All training shall take place on-site in Maricopa County, unless otherwise negotiated with County. 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 SERIAL 240024-RFP 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, 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. SERIAL 240024-RFP 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 MC1-372 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 persons duly authorized by the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 10.24.2 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. SERIAL 240024-RFP 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. 10.29.3 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two (2) business days, unless 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 viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf). 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; SERIAL 240024-RFP 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. 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 SERIAL 240024-RFP 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. 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. SERIAL 240024-RFP 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. 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 FORCED LABOR 10.42.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona SERIAL 240024-RFP Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions. 10.42.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use: 10.42.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 10.42.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10.42.2.3 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 Chin If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180-day period, the agreement terminates on the agreement termination date. 10.43 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. 10.44 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. 10.45 UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION All contractors that receive funding must have a UEI number through https://sam.gov/content/entity-registration. Contractor must also remain current with the System for Award Management www.sam.gov throughout the term of the contract. 10.46 RELIGIOUS ACTIVITIES The contractor agrees that costs, planned or claimed, including costs incurred, shall not include any expense for any religious activity. 10.47 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County or the contractor under the agreement shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 10.48 EQUAL EMPLOYMENT OPPORTUNITY 10.48.1 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, SERIAL 240024-RFP 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. 10.48.2 Contractor shall comply with the following provisions: 10.48.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 10.48.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 10.48.2.3 The Age Discrimination in Employment Act of 1967, as amended (29U.S.C. §§ 621, et seq.); 10.48.2.4 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. 10.48.2.5 Contractor understands that the United States has the right to seek judicial enforcement of this assurance. 10.49 CERTIFICATION REGARDING LOBBYING 10.49.1 Contractor certifies, to the best of their knowledge and belief, that: 10.49.1.1 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. Including 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. 10.49.2 If 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 employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 10.49.3 Contractor shall include Lobbying Certification language in the award documents for all subcontractors (including sub-grants, and contract under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 10.49.3.1 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. SERIAL 240024-RFP 10.50 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). 10.51 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). 10.52 TASK ORDER PROCESS The County reserves the right to select any contractor under this contract for Task Orders under $25,000 without completion of any other procurement action when the Procurement Officer determines that it is in the County’s best interest. Vendors receiving an award under this contract will be notified of requirements valued over $25,000 and they will be given time to respond to the Task Order with their proposed work plan, staff and price. The vendor that best meets the need of the county will be awarded the Task Order. 10.53 INCORPORATION OF DOCUMENTS 10.53.1 The following are to be attached to and made part of this Contract: 10.53.1.1 Exhibit A – Vendor Information 10.53.1.2 Exhibit A-1 Fee Schedule 10.53.1.3 Exhibit B – Scope of Work 10.53.1.4 Exhibit C – Office of Procurement Services Contractor Travel and Per Diem Policy 10.54 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 301 W. Jefferson St. Suite 700 Phoenix, Arizona 85003-1647 For Contractor: 65th North Group, LLC 3100 W. Ray Rd #201 Chandler, AZ 85226 SERIAL 240024-RFP 10.55 INQUIRIES 10.55.1 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. 10.55.2 Administrative telephone/email inquiries shall be addressed to: LAWRENCE RUSSELL, PROCUREMENT OFFICER TELEPHONE: (602) 506-3248 Lawrence.Russell@maricopa.gov 10.55.3 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL 240024-RFP SERIAL 240024-RFP EXHIBIT A-1 FEE SCHEDULE COMPANY NAME: 65th North Group, LLC DOING BUSINESS AS (dba): 65th North Group MAILING ADDRESS: 3100 W Ray Rd #102 REMIT TO ADDRESS: David M Ross TELEPHONE NUMBER: 4803865344 FAX NUMBER: WWW ADDRESS: 65thnorth.com REPRESENTATIVE NAME: David Ross REPRESENTATIVE TELEPHONE NUMBER: 480-386-5344 REPRESENTATIVE EMAIL ADDRESS dross@65thnorth.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS SERIAL 240024-RFP EXHIBIT B SCOPE OF WORK 65th North Group is a local government consulting firm headquartered in Maricopa County. Established in 2018, we have nine employees providing a wide variety of local government consulting services, including organizational analysis and process improvement assessments, internal control and fraud risk assessments, succession planning services, water system risk and resiliency studies, workplace climate studies, and executive recruitment. In response to the County’s request for proposals, we are submitting a response to provide strategic consulting services. Our normal hourly rates are higher than what we propose in response to this RFP, as we recognize the need to help our hometown local governments. Additionally, we look forward to providing services for Maricopa County, as earning an excellent reference from the County is important to us. As such, you can be assured that our President & CEO will be involved in all aspects of every engagement and that we will commit all necessary time and effort to providing excellent services. Our President & CEO has his PhD in financial management with a dissertation specific to local government operations. He has 34 years’ experience in government and consulting, including having served for 12 years as a city or county manager. He is a certified fraud examiner (CFE), certified internal control auditor (CICA), has a certificate in internal controls through the Committee of Sponsoring Organizations of the Treadway Commission (COSO), he attended Harvard University’s Senior Executives in State and Local Government program, and he has worked numerous local government organizational analysis and process improvement projects over the six years. Our employees are experts in their field and experienced local government professionals. We base our assessments in best practices and we not only understand organizational analyses and process improvement from a technical standpoint, we understand it from the practical and human side as well. The following section contains additional information related to services offered as part of this RFP. ORGANIZATIONAL ANALYSIS AND PROCESS IMPROVEMENTS The purpose of our organizational analysis and process improvement assessments is to assess current effectiveness of the existing workforce including work processes and procedures, programs, measurement, s s t a f f i n g , w o r k p l a c e c lima te , and structure. We identify underlying management and cultural challenges, we compare existing practices to best management practices, and we develop recommendations and solutions, including prioritized and phased implementation plans based on the assessment. We follow specific project management tasks to ensure we deliver exceptional results. These include: ◊ The Project Manager provides on-going oversight to all team members to ensure tasks are completed in a thorough and timely manner consistent with the agreed upon scope of work. ◊ All interim deliverables are reviewed for accuracy and completeness by the Project SERIAL 240024-RFP Strategic Consulting Services - Maricopa County, AZ Manager prior to delivery to the client. ◊ We review all interim deliverables with the client to ensure accuracy, understanding, and to provide on-going feedback regarding our findings and conclusions during the project. ◊ We maintain regular communication with clients, so they always know the status of our work. The following is a sample approach to an organizational assessment and process improvement project: Work Process 1: Initiation and Project Management Prepare initial data request Conduct kick-off meeting Update workplan post- meeting Work Process 2: Qualitative Phase Complete interviews Perform operations analysis Perform technology analysis Perform facilities analysis Best practices assessment Work Process 3: Quantitative Phase Design and review survey instruments with the County Deploy surveys Analyze surveys Develop survey summary reports Work Process 4: Report of Findings and Recommendations Develop initial report of findings Review report of findings with the County Complete final report Work Process 5: Presentation of Final Report Prepare presentation documents Present final report SERIAL 240024-RFP SUCCESSION PLANNING Our succession planning work is comprehensive and involves a variety of data modeling techniques. We work with the department(s) to assess employment trends, historical turnover, recruitment efforts and methodologies, candidate selection processes, employee training (including onboarding), and promotional processes to work toward development of a sustainable organization (including long- term financial costs and benefits of increasing or decreasing staffing levels). Strategic Consulting Services - Maricopa County, AZ INTERNAL CONTROLS AND FRAUD RISK ASSESSEMENTS Our internal control and fraud risk assessments allow government organizations to greatly improve their ability to detect, deter, and prevent fraud, embezzlement, ransomware attacks, corruption, and more. As part of our assessment work, it is important that our project team fundamentally understand the organization’s existing internal preventive and detective internal controls; existing department processes; and existing job descriptions, staffing levels, and segregation of duties of department personnel. We use this information as the baseline for our analysis and subsequent recommendations of best practices for reducing the risk of fraud, waste, and abuse in the organization. To develop this understanding, we conduct interviews with appropriate employees to understand and assess over 200 areas of existing preventive and detective internal controls for local government operations. These areas cover: • Purchases, expenses, and vendor management • Checks and check handling • Inventory and equipment • Governance • GASB pronouncement compliance • Worker’s compensation fraud risks • Physical controls • Information technology • Internal audit and analytics • Human resources, employees, and payroll • Cash and cash handling Through interviews, data collection, observation, and verification we assess the following: » Existing policies and procedures; » Existing practices; » Financial reporting systems; » Organizational business processes and procedures, » Use of computerized management information systems; and » Staffing levels, workload and job responsibilities (including segregation of duties). SERIAL 240024-RFP Data collection and staff interviews allow us to (1) understand existing operations; (2) collect and document operational data; (3) develop descriptions of department structures; (4) document the allocation of all functions, programs, and services; (5) document the staffing levels and responsibilities for staff in each function; (6) understand basic job responsibilities for department Strategic Consulting Services - Maricopa County, AZ staff: and (7) understand the primary tools and equipment staff use to complete their work. Once these initial data collection activities have been completed, the project team prepares a current state assessment that presents our understanding of the current organizational areas under study. This profile is circulated to ensure the accuracy of our understanding. Once completed and reviewed, the profile information provides the basis for analysis conducted and completed in subsequent study tasks. With a current state assessment completed, the project team compares existing practices with best management practices as established by professional organizations, including but not limited to the Governmental Accounting Standards Board (GASB), the Government Finance Officers Association (GFOA), the Association of Certified Fraud Examiners (ACFE), the Institute for Internal Controls (IIC), the Committee of Sponsoring Organizations of the Treadway Commission (COSO), the Society for Human Resources Management (SHRM), the International Public Management Association for Human Resources (IPMA-HR), and from our own knowledge of best practices in local operations. We will complete multiple fraud risk assessments, including: • Fraud Risk Governance • Fraud, Waste, and Abuse Assessment • Fraud Control Activities • Fraud Investigations and Corrective Action • Fraud Risk Management Monitoring At the conclusion of these reviews, we will provide an evaluation of the existing internal control practices as compared to best management practices. Additionally, we provide an assessment of existing preventive and detective internal controls along with a heatmap showing any areas of heightened concern. We finalize the process by creating a detailed report with recommendations for improvement. EXECUTIVE RECRUITING We provide a full range of local government executive recruiting services. • We utilize our deep network of qualified candidates to find the right fit for your organization. • We have prior law enforcement background investigators and trained behavioral interviewers on staff to help ensure candidate backgrounds are thoroughly reviewed. • Our staff are highly experienced professional managers, with decades of local government experience. • We follow a proven recruitment process to help ensure your recruitment results in a superior placement. SERIAL 240024-RFP Strategic Consulting Services - Maricopa County, AZ Sample Project Schedule: The following is a sample project schedule for an organizational analysis and process improvement project: Project Schedule Weeks 1-2 Weeks 3-4 Weeks 5-6 Weeks 7-8 Weeks 9-10 Weeks 11-12 Task 1: Initiation and Project MGT Prepare initial data request Conduct kick-off meeting with the county Update workplan post-meeting Task 2: Current State Assessment Review purchasing process Review purchasing desk procedures Review internal invoice payment processes Review Accounts Payable desk procedures Assess county’s public procurement rules Identify compliance with policies, Code and Charter Identify conflicts in policies Define the change order process Identify pain points / redundancies Assess county’s exceptions provisions Benchmarking Procurement and A /P fraud risk assessment Task 3: Best Practices / GAP Analysis Best practices diagnostic assessment report GAP Analysis Task 4: Recommendations and Reports Draft report / feedback SERIAL 240024-RFP Revisions and final report Report presentation \We will design a project schedule in coordination with the County prior to beginning any project. Strategic Consulting Services - Maricopa County, AZ 65th North Group was founded in 2018 and is made up of highly experienced local government professionals with decades of experience. Our firm has nine employees; all highly experienced in government operations. We are experienced in all aspects of local government management operations and can provide Maricopa County with affordable and independent expertise. We are uniquely qualified as our firm’s founder spent decades working in government, including 12 years as a city or county manager. He has provided comprehensive organizational assessments for city, county, and state governments across the country in areas of process improvement, staffing level analysis, internal controls, and best practices. At 65th North Group, our team of dedicated professionals works to ensure every project is completed timely and within budget. We believe in following a unique project plan for each engagement to ensure we have a specific outline that will allow us to achieve our objectives. Our CEO will manage every aspect of this project to ensure its timely completion, that it meets budget expectations, and that it meets or exceeds client expectations. This commitment ensures you will receive unprecedented attention. Furthermore, we believe that implementation of project recommendations is genuinely important. For this reason, buy in from County staff who are responsible for implementing recommendations is essential in order to have meaningful and long-lasting results. With each of our assessments, we commit the necessary time to present our recommendations before finalizing the report, to obtain feedback from designated County staff, and to answer all questions regarding the analysis and recommendations. This approach helps facilitate successful implementation of recommendations. The following table provides an overview of our organization: We are experienced local government professionals Our employees have worked in highly responsible government positions for decades. We have an in-depth understanding of professional government operations. We develop a work plan that meets your needs Our projects are designed to deliver highly meaningful results. Each government operating environment is unique and as such, each client has their own unique needs. We work with our clients to develop a work plan that will allow us to deliver high-quality results. Our firm’s President & CEO is actively involved with the majority of work for each project We believe that the most experienced personnel in our organization should be actively involved in all aspects of a project. By doing so, our clients receive unprecedented attention and high-quality work. QUALIFICATIONS SERIAL 240024-RFP We know best practices and proven methodologies We are members of numerous professional organizations and through those associations and our own knowledge of best practices in the industry, we are able to bring forth into our recommendations best practices in local government operations. Additionally, our employees are experienced local government professionals, and we understand not only the theories behind the best practices, but we also understand the operational and management aspects of them as well. Strategic Consulting Services - Maricopa County, AZ We believe in collaboration and communication as keys to a successful implementation of recommendations In order to achieve a highly successful outcome to our projects, we believe it is important to maintain regular communication with our clients. This includes providing updates as to the status of the project and it includes collaboration as appropriate to ensure successful implementation of recommendations. Quality work with meaningful results is a top priority Our belief is that we must deliver a high-quality work product on every engagement; this is our firm’s top priority. The following chart shows the organizational structure for a typical engagement: The fallowing are short biographies of project team members: Dr. David M. Ross, President & CEO of 65th North Group, will be project manager for this engagement. Dr. Ross brings with him over 33 years of government and consulting experience. During his career, he managed a variety of local government functional areas including administration, finance, public safety, procurement, internal controls, human resources, public works, utility billing, parks and recreation, development services, and many others. He has assessed local government operations, completed workplace climate assessments for large government operations, written policy manuals, conducted operational efficiency studies, conducted risk management and operational audits for governments across the country, and he is highly experienced in all areas of city and county government. In addition, Dr. Ross instructed public administration courses for the University of Phoenix for eight years. SERIAL 240024-RFP Dr. Ross holds a PhD in Financial Management with a dissertation specific to local government financial management. In addition to his doctorate in financial management, he received his BS in Public Administration from Upper Iowa University, his Executive MPA from Golden Gate University, and he completed Harvard University’s Senior Executives in State & Local Government Program. Dr. Ross holds an American Water Works Association (AWWA) certificate in utility risk and resiliency assessments and emergency response planning, he is a is a certified fraud examiner (CFE) a certified internal control auditor (CICA), he holds a certificate in internal controls from the Institute of Internal Auditors (IIA) and the Committee of Sponsoring Organizations of the Treadway Commission (COSO), and he is an ICMA Credentialed Manager (ICMA-CM Dr. Ross is a member of the International City and County Management Association (ICMA), the Institute of Internal Auditors (IIA), the American Water Works Association (AWWA), the Institute for Internal Controls (IIC), and the Association of Certified Fraud Examiners (ACFE). His local government financial management work is published in ProQuest (2016), ICMA’s Public Management publication (2019 and 2022), the Association of Local Government Auditors (ALGA) Quarterly Review (2020), and the Government Finance Officers Association (GFOA) Government Finance Review publication (2020 and 2022). He has an article due for publication with ICMA later in 2023. Ms. Jerene Watson is a senior analyst with 65th North Group. She has over 28 years public sector experience, including decades as a department director, assistant city manager, and city manager. She is an expert council relationship facilitator with extensive experience with operational analysis, procurement, accounts payable, communications, employee development, procurement, economic development, and citizen engagement. She is a graduate of Harvard University’s Senior Executives in State & Local Government program and holds a master’s degree in public administration from Old Dominion University. Mr. Gary Eisenga is a senior analyst with 65th North Group. He is a consummate professional with 29 years local government senior management experience. He has significant experience with government internal controls and purchasing operations, is experienced with project management, accounts payable operations, internal controls, community engagement, inventory management, staffing, interviewing, planning, developing job descriptions, budgeting, and training. Mr. Eisenga is a US. Navy veteran having received multiple medals and awards, a graduate of the FBI National Academy, and has a Bachelor of Science degree in Business Administration from Old Dominion University. Mr. Eisenga has worked in internal control and inventory management projects for Maricopa County, AZ; the State of North Dakota Department of Transportation; the City of Gallup, NM; Teton County, WY; the Town of Queen Creek, AZ; Cochise County, AZ; the City of Douglas, AZ; the City of Pasadena, CA; the City of Pearland, TX; and many others. Ms. Barbara Ross is an analyst with 65th North Group. She is experienced in internal controls, is an accountant with extensive experience with accounts payable operations, inventory management, survey development and analysis, data analytics, and research best practices. She has significant experience and holds a bachelor’s degree in accounting from the University of Iowa. Mr. Pat Koranda is an analyst with 65th North Group. He is experienced in accounting, financial analysis, procurement, IT networking, project management, technology integration, efficiency assessments, and internal controls / internal auditing. Mr. Koranda is an experienced financial analyst, controller, chief financial officer, and internal auditor for private sector, non-profit, and public sector organizations. Mr. Koranda has a B.A. in Accounting and Finance Management from the University of Northern Iowa. Resumes for key personnel are provided in Appendix A SERIAL 240024-RFP EXHIBIT C OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY 1.0 All contract-related travel plans and arrangements shall be prior-approved by the County contract administrator. 2.0 Lodging, per diem, and incidental expenses incurred in performance of Maricopa County/Special District (County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to determine rates (no exceptions): www.gsa.gov. 2.1 Additional incidental expenses (i.e., telephone, fax, internet, and copying charges) shall not be reimbursed. They should be included in the contractor’s 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 airfare rate from the contractor’s assigned duty post (pre-defined at the time of contract signing) will be reimbursed. Under no circumstances will the County reimburse for airfares related to transportation to or from an alternate site. 3.3 The County will not (under 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 liability 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 shuttle 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. SERIAL 240024-RFP 5.0 Contractor is responsible for all costs not directly related to the travel except those that have been pre-approved by the County contract administrator. These costs include, but 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. 6.0 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. 7.0 Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per diem expenses, and, if applicable, with a copy of the written consent issued by the 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.