240024-CONTRACT - AMALIA C CUNNINGHAM DBA AMALIA CUNNINGHAM CONSULTING.PDF
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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 Amalia C. Cunningham, a California sole proprietor (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. SERIAL 240024-RFP 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. 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. SERIAL 240024-RFP 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. 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 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 $1,000,000 for each claim. SERIAL 240024-RFP 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. 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. SERIAL 240024-RFP 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 not 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. 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 SERIAL 240024-RFP 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. 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. SERIAL 240024-RFP 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 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 SERIAL 240024-RFP 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. 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 SERIAL 240024-RFP 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. 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. SERIAL 240024-RFP 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; 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. SERIAL 240024-RFP 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 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). SERIAL 240024-RFP 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. 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 SERIAL 240024-RFP 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 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 China. 10.42.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180-day period, the agreement terminates on the agreement termination date. SERIAL 240024-RFP 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, 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. SERIAL 240024-RFP 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. 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 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. SERIAL 240024-RFP 10.53 INCORPORATION OF DOCUMENT 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 10.53.1.5 Exhibit D- Sole Proprietor Waiver 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: Amalia Cunningham Consulting 6823 Lincoln Ave El Cerrito CA 94530 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 - VENDOR INFORMATION COMPANY NAME: Amalia C Cunningham DOING BUSINESS AS (dba): Amalia Cunningham Consulting MAILING ADDRESS: 6823 Lincoln Ave El Cerrito CA 94530 REMIT TO ADDRESS: 6823 Lincoln Ave El Cerrito CA 94530 TELEPHONE NUMBER: 5106442265 FAX NUMBER: n/a WWW ADDRESS: amaliacunninghamconsulting.com REPRESENTATIVE NAME: Amalia Cunningham REPRESENTATIVE TELEPHONE NUMBER: 5106442265 REPRESENTATIVE EMAIL ADDRESS amalia.cunningham@gmail.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 A-1 - FEE SCHEDULE 1.0 PRICING: Year 1 Year 2 Year 3 1.1 PRINCIPAL 180 190 200 PER HOUR HOURLY RATES ARE TO INCLUDE GENERAL OFFICE SUPPLIES, FAXES, LOCAL TRAVEL EXPENSES AND GENERAL ADMINISTRATIVE FUNCTIONS. (SEE SECTION 2.6.2) Travel expenses as determined by task order will be billed per contract terms. SERIAL 240024-RFP EXHIBIT B - SCOPE OF WORK Subject: Proposal for Strategic Consulting Services, Serial # 240024-RFP Dear Mr. Russell, Per the solicitation in Periscope S2G, I am submitting the following proposal for Strategic Consulting Services and have uploaded all the required attachments. This proposal encompasses a selection of the desired services as follows: 2.1.2: Organizational Analysis and Process Improvement. I am available for Strategic Consulting Services for Organizational Analysis and Process Improvement in the disciplines of economic development, city planning/development services, and housing. With twenty years of experience in these fields, I have worked in and with all levels of government to deliver, analyze, and improve community development services. For example, as an employee, I served as a division manager in the development services department of a large county in California, where I was responsible for managing employees in a hybrid- remote environment to provide more than $10 million in annual funding to other agencies. I have managed through a reorganization, worked through challenges with online permitting and systems administration, and successfully advocated for additional staff members and resource allocation. My consulting practice, restarted in 2022 after previously existing in 2015-17, has focused on interim assignments in local jurisdictions, organizational assessments, and economic development project work. As of September 2023, my firm received a Notice of Intent to Award for a contract with the State of California for an organizational and future needs assessment for a State planning agency. My long experience in this field with hands-on knowledge of working and managing in planning, economic development, and housing agencies, makes me ideally suited for assessing needs, strengths, and improvements in these disciplines. Assignments of this type would be scoped based on the size of the division, department, or team being assessed, at the consulting rate of $180/hour. 2.5.1 Other Consulting. I am available for economic development project work of a nature typically seen in local government agencies. Some examples of projects that may come up suited to my professional skills include publicly owned real estate analysis, retail market analysis, industrial market analysis, affordable housing pro forma review, Requests for Proposals preparation and review of submittals for development-related projects, marketing materials, small business support programs, and broker/developer outreach. Assignments of this type would be scoped based on specific project needs, at the consulting rate of $180/hour. As a sole proprietor, I can provide these services specified in the scope of work with low overhead, bringing my specialized knowledge as a longtime planner and economic developer to benefit Maricopa County. My business is Small Business Administration-certified as a Woman Owned Small Business. I am a member of the American Institute of Certified Planners and the American Planning Association and its Private Practice Division, and I serve on the board of the California Association of Local Economic Development. Thank you for the opportunity to provide a proposal for #240024-RFP. Please do not hesitate to contact me by phone at 510-644-2265 or by email at amalia.cunningham@gmail.com to discuss further. Sincerely, Amalia Cunningham Amalia C. Cunningham, AICP Owner, Amalia C Cunningham (Amalia Cunningham Consulting) SERIAL 240024-RFP AMALIA LORENTZ CUNNINGHAM, AICP San Francisco Bay Area, California based 510-644-2265 (cell) amalia.cunningham@gmail.com (e-mail) Summary: Planning and policy consultant experienced in economic development, land use, public real estate strategy, affordable housing, human resources and staff mentoring, grants, data analysis, community outreach, and on-time/on-budget project delivery. PROFESSIONAL EXPERIENCE Amalia Cunningham Consulting, Owner, 2022-present, previously 2015-18. • Interim Economic Development Manager, City of Tracy, CA (Dec. 2022-May 2023). Provide guidance to economic development staff, analyze and make recommendations for function’s efficiency, manage marketing consultants and campaign, administer Chamber contract, advise senior management in economic development priorities with limited resources. Successfully applied for $99,000 tourism grant from San Joaquin County to augment advertising budget. • Notice of Intent to Award issued September 2023 for organizational assessment of a State of California planning agency (anticipated final contract October 2023 and project completion Q1 2024) • 2015-18 consulting assignments provided analysis and policy support on a project basis to public, non-profit, and for-profit clients on a range of policy issues, notably an Economic Development Strategy Plan for the City of Albany, CA. Other projects have included housing tax incentives (for non-profit Grounded Solutions, 2016) and community broadband expansion research (for industry analyst Craig Settles, 2015). Assistant Deputy Director, 2019-August 2022, previously Economic Development Manager, 2018- 2019, Contra Costa County (CA) Department of Conservation and Development. (pop. 1.2 million) • Managed Housing and Community Improvement Division, with responsibility for administering CDBG, ESG, HOME, and HOPWA loans and grants for the County to fund non-profit community organizations and affordable housing projects for low-income households. Full underwriting and lifespan monitoring functions. Normal year budget approx. $5 million (excluding staff); 2020-21 and 2021-22 Coronavirus federal funding budget jumped to $20 million; 2021-22 budget approx. $25 million. Managed 15 hybrid remote staff members with six direct reports. Hired six during pandemic. • Implemented local inclusionary and density bonus ordinances, and State housing requirements including Housing Element and SB2 grants. Successfully applied for State Permanent Local Housing Allocation grant of more than $5 million and competitive State Local Housing Trust Fund Amalia C. Cunningham – Qualifications Amalia Cunningham is an economic development and housing expert with 20 years of experience in planning and community development administration. Most recently Assistant Deputy Director, previously Economic Development Manager, for Contra Costa County, Amalia worked in the Department of Conservation and Development on economic mobility, community improvement funding, affordable housing, business retention and attraction, tax sharing agreements, and organizational development, while managing a team of 15 in a hybrid remote environment. Her policy expertise covers economic strategies and long-range plans, housing finance, grant administration, community outreach, tourism programs, and public real estate. Her consulting practice specializes in these issues; it is certified as a Small Business Administration Woman Owned Small Business and a State of California Small Business-Micro. She has a bachelor’s degree from Amherst College and master’s degree in city planning from the University of California at Berkeley. Amalia holds the American Institute of City Planning credential, speaks Spanish and French, and enjoys mentoring and other professional volunteer roles. SERIAL 240024-RFP grant of $3 million. Project-managed affordable housing projects and grant administration in addition to managing the program overall. • Program manager for Northern Waterfront Economic Development Initiative, County’s flagship revitalization partnership between seven cities and the county; manage joint projects including workforce support and business outreach; staff Board subcommittee. • Division responsibilities also include reviewing legislative proposals and writing federal community project request proposals, administering community benefit grants, local mobile home ordinance, multifamily housing bond issuances, annexations and tax sharing agreements, monitoring deed- restricted units, recommending strategy for County-owned land at key sites, and regional liaison with economic development organizations. Thought leader on merging economic development and housing goals to achieve better outcomes for lower-income residents of Contra Costa County. • Division head reporting to department head. Member of senior leadership team of five in department of 180 employees; involved in department’s COVID-19 response; experienced remote team manager. Manage consultant contracts. Coach and evaluate employee performance. Work very closely with elected officials and interdepartmental colleagues to achieve results in a large organization. Spearheaded department’s only bias-free language guide for division’s written and verbal communications. • Frequent presenter at community meetings and public hearings. Economic Development Manager, 2006-2011, City of Benicia (CA), City Manager's Office (pop. 27,000). • Division head reporting to City Manager; annual budget approx. $450,000 • Managed City’s strategic real estate portfolio (acquire and dispose of key properties); managed agreement with development partner for City-owned vacant 2-acre lot downtown • Authored Economic Development Strategy, approved by Council in 2007 • Designed and implemented marketing campaigns for tourism, downtown, and industrial business attraction and retention, including website, print advertising, e-news, hard copy collateral, and sponsorships; monitor community partner contracts and manage relationships; develop strategic initiatives including Tourism Branding Plan and industrial park technological needs assessment; manage numerous consultant contracts including tourism marketing and website, valued at $280,000 • Ombudsperson services to businesses interacting with City Hall, “demystifying” permit process, connecting with other small business services, etc.; community relations for economic development • Staffed Economic Development Board; prepared and presented staff reports to City Council, citizen commissions, and other public bodies; represented City at community meetings, business associations, and interagency working groups • Special projects included developing and authoring City’s Greenhouse Gas Emissions Inventory and starting in-house sustainability program, stimulus fund tracking, grant applications, partnering with local nonprofit to develop a CDBG proposal • Supervised and provided direction to administrative staff Senior Development Specialist, 2002-2006, City of San Leandro, CA (pop. 80,000), City Manager’s Office. Previously Development Specialist, 2001-2002. • Managed sensitive development projects including acquisition of a motel for affordable housing, auto dealerships, RFPs for surplus property, creation of a Commercial Rehabilitation Program, urban design plan for the public marina, Redevelopment Agency 5-Year Implementation Plan and plan amendments, and economic development marketing materials • Negotiated exclusive negotiating rights agreements, purchase contracts and development agreements for projects including affordable housing for families, seniors, and developmentally disabled adults, and office use; manage 3-4 acquisition/disposition transactions annually • Special projects included budget analysis for three departments budgets (Library, Human Resources, and Environmental Services) as member of the City’s Budget Technical Advisory Committee; participation on interdepartmental teams for project review and “Green Team” SERIAL 240024-RFP • Staffed Redevelopment Advisory Committee; prepare and present staff reports to City Council, citizen commissions, and other public bodies; represent City at community meetings and business associations • Supervised graduate student interns and provided direction to administrative staff Associate Planner, 2000-2001, City of Berkeley, CA (pop. 113,000), Planning and Development Department. • Directed design-development phase of the West Berkeley Capital Projects (redevelopment-funded public improvements at Amtrak stop): successfully supervised $200,000 architectural contract, obtained project approvals, organized STIP and TEA grant fund implementation, coordinated environmental review under CEQA/NEPA • Staffed West Berkeley Project Area Committee (PAC); prepared and presented staff reports to PAC, Planning Commission, and other public bodies Community Redevelopment Specialist, 1998-2000, City of Pinole, CA (pop. 19,000), Community Development Department. Previously Redevelopment Intern, 1997-1998. • Authored City’s Economic Development Strategy and Redevelopment 5-Year Implementation Plan • Managed commercial rehabilitation program from publicity to loan application through servicing; coordinated contractor bidding, contract management, and payment disbursements • Obtained approval of Agency financing of land acquisition for affordable housing; monitored completed affordable housing projects • Ran marketing programs for business retention and attraction, including creation of a commercial space database and home-based business owners’ group; implemented wayfinding program • Prepared and presented staff reports to community groups, Planning Commission, and City Council EDUCATION Master of City and Regional Planning, University of California at Berkeley, Berkeley, CA. Community Development concentration. Bachelor of Arts, Amherst College, Amherst, MA. Cum laude in Political Science. General Course diploma, London School of Economics, London, England. One-year program during junior year of college; Social Policy concentration. PUBLICATIONS AND PARTICIPATION • American Planning Association (APA) - California Chapter: Longtime member; recent recognition and participation includes 2023 National Conference proposal reviewer, Legislative Committee (2022, 2023), Northern Section Professional Mentor (2021), Awards Jury member (2021); Award Winner (award submitter and staff lead) for Northern Waterfront Economic Development Initiative plan (2020) • California Association for Local Economic Development (CALED) longtime member; Board Member 2023-present, Regional Ambassador, 2019 • Municipal Management Association of Northern California member (event speaker, newsletter contributor, conference committee member, regional co-chair, etc. various times 2001-22) • Co-chair, East Bay Leadership Council Economic Development Committee, 2019-2020 • Parent volunteer, Prospect Sierra School, 2021-present and Albany High School, 2022-present; classroom volunteer, Fairmont Elementary School, 2012-20 SERIAL 240024-RFP • Co-founder, El Cerrito New Library Campaign Committee, 2011-14 • Commissioner, City of Berkeley Housing Advisory Commission, 2004-2006 • “Low Cost Sign Grant Program Sees Big Results”, California Planner, March/April 2010 (author) • “Are You Ready to Bet on Smart Growth?”, Planning, January 2000 (co-author) • “Improving More Than Facades”, Government West, July-August 1999 (co-author) SKILLS • Holder of American Institute of Certified Planners (AICP) certification; signifying commitment to professional planning standards and ethics. • Proficient in the standard Microsoft and Google suites, social media apps, and specialty applications such as LoopNet, Constant Contact, and Survey Monkey; familiar with Accela and BluDot. • Excellent written and verbal communication abilities; experienced in research, analysis, and presentation, and training other staff in those skills. • Good written and spoken Spanish; basic written and spoken French; beginner German; aspirational Italian. 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. SERIAL 240024-RFP EXHIBIT D - SOLE PROPRIETOR WAIVER