240024-CONTRACT - LE CROY MILLIGAN ASSOCIATES.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 LeCroy & Milligan Associates Inc, 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.
5.3
INVOICES
SERIAL 240024-RFP
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
to the County for that amount, and by contracting with the County agrees to remit
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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.
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9.0
DUTIES
9.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
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.
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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 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
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accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
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
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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.
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.
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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
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:
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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.
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
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requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
10.16.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.16.3.2 reduce the contract price to reflect the reduced value of the services
performed.
10.16.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
10.16.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
10.16.4.2 terminate the contract for default.
10.17
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
10.18
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
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-
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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
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.
SERIAL 240024-RFP
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.
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:
SERIAL 240024-RFP
10.32.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
10.32.1.2 have not within a three-year period preceding this contract:
10.32.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
10.32.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract.
10.32.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract.
10.32.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
10.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
10.32.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
10.32.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
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.
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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).
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CONTRACTOR LICENSE REQUIREMENT
10.34.4 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.
10.35
INFLUENCE
10.35.1 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.
10.35.2 An attempt to influence includes, but is not limited to:
10.35.2.1 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.
10.35.3 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.
10.36
CONFIDENTIAL INFORMATION
10.36.1 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.
10.36.2 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.
10.36.3 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.
10.37
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
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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.
10.38
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.
10.39
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.
10.40
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.
10.41
FORCED LABOR
10.41.1 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.
10.41.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
10.41.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
10.41.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
10.41.2.3 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.
10.41.3 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.
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10.42
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
10.43
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
10.44
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.
10.45
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
10.46
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.
10.47
EQUAL EMPLOYMENT OPPORTUNITY
10.47.1 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.
10.47.2 Contractor shall comply with the following provisions:
10.47.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
10.47.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
10.47.2.3 The Age Discrimination in Employment Act of 1967, as amended
(29U.S.C. §§ 621, et seq.);
10.47.2.4 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.
10.47.2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
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10.48
CERTIFICATION REGARDING LOBBYING
10.48.1 Contractor certifies, to the best of their knowledge and belief, that:
10.48.1.1 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.
10.48.2 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.
10.48.3 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.
10.48.3.1 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.
10.49
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).
10.50
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).
10.51
TASK ORDERS
10.52
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 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:
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.
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IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHIEF PROCUREMENT OFFICER,
DATE
BOARD OF SUPERVISIORS
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Darcy McNaughton, CEO
2002 N. Forbes Blvd, Suite 108, Tucson AZ 85745
12/6/23
AUTHORIZED SIGNA
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EXHIBIT A
VENDOR INFORMATION
COMPANY NAME:
LeCroy & Milligan Associates Inc.
DOING BUSINESS AS (dba):
LeCroy & Milligan Associates Inc.
MAILING ADDRESS:
2002 N. Forbes Blvd, Suite 108, Tucson AZ
85745
REMIT TO ADDRESS:
2002 N. Forbes Blvd, Suite 108, Tucson AZ
85745
TELEPHONE NUMBER:
15203265154
FAX NUMBER:
15203265155
WWW ADDRESS:
www.lecroymilligan.com
REPRESENTATIVE NAME:
Kerry Milligan
REPRESENTATIVE TELEPHONE
NUMBER:
15203265154
REPRESENTATIVE EMAIL
ADDRESS
kerry2
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL
ENTITIES TO PURCHASE FROM THIS
CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR
PAYMENT:
FUEL COMPRISES (if applicable) 0% OF TOTAL BID AMOUNT
PAYMENT TERMS: RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING.
PAYMENT TERMS WILL BE CONSIDERED IN DETERMINING LOW BID. FAILURE TO CHOOSE
PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
NET 10 DAYS
NET 45 DAYS
1% 10 DAYS NET 30
DAYS
NET 15 DAYS
NET 60 DAYS
2% 30 DAYS NET 31 DAYS
NET 20 DAYS
NET 90 DAYS
1% 30 DAYS NET 31 DAYS
NET 30 DAYS
2% 10 DAYS NET 30 DAYS
5% 30 DAYS NET 31
DAYS
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EXHIBIT A-1
FEE SCHEDULE
SERIAL 240024-RFP
NIGP CODE:91858
COMPANY NAME:
LeCroy & Milligan Associates
DOING BUSINESS AS (DBA) NAME:
Year 1
Year 2
Year 3
1.1 PRINCIPAL
$200
$200
$_______ PER HOUR
1.2 SENIOR CONSULTANT
$200
$200
$_______ PER HOUR
1.3 MANAGEMENT ANALYST
$185
$185
$_______ PER HOUR
1.4 CONSULTANT / SUBJECT MATTER EXPERT
1.4.1 LEADERSHIP DEVELOPMENT
$185
$185
$_______ PER HOUR
1.4.2 OPERATIONAL/CULTURAL
$185
$185
$_______ PER HOUR
1.4.3 HUMAN RESOURCES
$185
$185
$_______ PER HOUR
1.4.4 TRAINING DEVELOPMENT
$185
$185
$_______ PER HOUR
1.5 TRAINER
$150
$150
$_______ PER HOUR
1.6 FACILITATOR
$150
$150
$_______ PER HOUR
1.7 ADMINISTRATIVE
$85
$85
$_______ PER HOUR
1.8 OTHER
$_______
$_______
$_______ PER HOUR
,
,
EXPENSES AND GENERAL ADMINISTRATIVE FUNCTIONS. (SEE SECTION 2.6.2)
1.0 PRICING:
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EXHIBIT B
SCOPE OF WORK
LeCroy & Milligan Associates recognizes that the County may have a broad need for professional services in areas
including leadership development, organizational analysis and process improvement, management and supervision
training, succession planning, coaching, and other areas. Our overall approach is similar across projects, in that we
work closely with the client to determine their specific consultative needs. We develop customized materials,
sessions, trainings and other tools to support this work. We assign a project team lead, to ensure we fulfill the
requirements of the specific project. We are highly familiar with the Arizona landscape, and Maricopa County
specifically, which expedites our ability to engage in relevant and useful services immediately upon contract award.
We have recently contracted with, for example, both Maricopa County Department of Public Health and Maricopa
Adult Probation to conduct projects.
Much of our work is focused on collection and analysis of data and utilizing this data to inform decision-making.
Thus, organizational analysis and process improvement (2.1.2) is a strength we bring, enhanced by our
background as program evaluators and performance monitors for numerous federal, state and local grants. We also
conduct numerous trainings specifically for managers and supervisors (2.1.3), often relevant to a specific
program component, data collection requirement or method. As with other methods, we start with what the client
needs, leverage highly skilled professionals with relevant background as well as existing literature and resources to
ensure any trainings or consultations provided are in line with current work in the field. We have trained on
countless topics; for example, we offer a regular series on our in-house developed and validated instrument, the
Healthy Families Parenting Inventory, utilized by the Arizona Department of Child Safety and many other national
programs.
We do not specialize in ongoing leadership coaching (2.1.5) for other organizations, though depending on the
topic, can definitely provide training and content in leadership development topics (2.1.1), as we have for
other clients around topics such as change management and systems thinking. Our versatility ensures we can
quickly adapt and develop content to meet needs. We also have utilized several subcontractors with more expertise
in these areas as needed. We have not specifically focused on successional planning (2.1.4) within staff at an
organization, though ongoing program sustainability is often a focus of our work with clients, and we have
conducted workforce surveys and reporting to aid an organization in making these types of decisions and plans.
We also bring then, a critical additional area of consultative expertise in conducting needs assessments, surveys, data
collection, analysis and reporting, literature reviews and other program evaluation services. We would welcome the
opportunity to provide these services to Maricopa County, as we have under different contracts for many years. We
provide a detailed section below on Other Services (2.5), given the breadth of offerings that may be relevant
for County consideration.
We are very familiar with utilizing Task Orders for approval of services and appropriate monthly reporting and
invoicing. We also regularly facilitate meetings for our clients, including for several programs currently at Arizona
Department of Health Services. We ensure the specific scope of work is delivered on time, and to the expectations of
our clients.
LeCroy & Milligan Associates understands that the purpose of this vendor list is to assist Maricopa County with a
variety of consulting and professional service needs. It is understood that the following areas – as indicated in the
RFP, are the focus. The first three are a focus for LeCroy & Milligan Associates:
2.1.1
LEADERSHIP DEVELOPMENT
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2.1.2
ORGANIZATIONAL ANALYSIS AND PROCESS IMPROVEMENT
2.1.3
MANAGEMENT AND SUPERVISION TRAINING
2.1.4
SUCCESSION PLANNING
2.1.5
COACHING
LeCroy & Milligan Associates (LMA) has provided consultation, training in the areas of Child Safety Services,
Corrections, Education, Education, Information Technology, Health Services, Leadership/Management
development, Quality Assurance, and Program Evaluation for 30 years. The majority of our work has been with
Arizona State, County and local government agencies, as well as non-profit community-based organizations and
Coalitions throughout the state of Arizona and nationally.
Our staff have designed and conducted 2- hour, half-day to two+ day workshops and staff and leadership training in
areas such as how to implement evidence-based programs, designing a new program model, how to administer
performance measurement instruments and processes, leadership and planning skills, program evaluation methods
and skills, facilitation skills, mental health service delivery, substance abuse prevention, program development,
needs assessments, logic model development, and others. We have experience in presenting information to
numerous stakeholder groups and utilize multi-method teaching techniques to make training relevant and
meaningful to the audience, including in-person and webinars (live and asynchronous). We have extensive
experience in developing training curriculum and supplementary materials, including training manuals, user
manuals, PowerPoint presentations, video demonstrations, etc. To develop training courseware, we refer to
literature reviews of best practices, assess evidence-based program approaches, and seek subject matter expertise
input on any other specific topic areas appropriate to contract objectives. The goal is to make an explicit connection
between the content and the learning objectives of the training. Each workshop/training is developed and designed to
meet specific audience needs, as defined in preliminary discussions with clients and (as applicable) their
stakeholders. We utilize a variety of tools and approaches across different types of training, skill development,
and organizational improvement efforts. Some of these are explored below.
Ȃǡ
In working with leaders, managers or supervisors, LMA would ensure the specific training or consulting need is
identified, develop necessary materials and support provision of the training as noted below. Our focus is typically
on small or large group trainings around leadership, management and supervision related topics. Strategies might
include workshops, lectures, group discussions, case studies or other methods as needed. Below is a sample of some
topics we have trained and consulted on for leaders, managers and supervisors.
Leadership Skills:
Leadership qualities demonstrated on a collaborative team are unique in that effective leaders should have skills
related to working within the group’s dynamics, coordinating team activities, providing resources, coaching on
problem solving, and providing recognition, all within a group dynamic. LeCroy & Milligan Associates can provide
trainings on these topics. Outcomes for participants may include a better understanding, identification and applied
use of the following concepts:
x
What an effective leader does.
x
Developing leadership skills.
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Acceptance of personal accountability for results
x
Key components of leadership.
x
Select attributes of a collaborative team.
x
How leadership works within a collaborative team.
These concepts could be captured through pre- and post-test surveys administered during the training. In addition,
participants sometimes leave the workshop with a draft of a personal professional development plan that targets key
skills for collaborative leaders.
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Problem Solving Skills:
Skills related to problem solving are critical aspects of successful management, decision making and program
delivery. One tool for enhancing organizational problem solving is program modeling through logic models. Logic
models, pictures of how organizations do their work, can help staff improve their understanding of their work and
can lead to focused problem solving around perceived gaps in services and other program delivery issues. Other
problem-solving tools for which LeCroy and Milligan Associates conduct trainings include: problem trees, theory of
change models, strategy mapping, systems thinking, and appreciative inquiry, among other tools.
Group Facilitation Skills:
LeCroy & Milligan Associates can provide training in facilitation skills and training of trainers in facilitation skills.
LMA will coordinate and facilitate meetings as necessary to clarify goals, to determine strategy, assist in program
development and design, and to help interpret and utilize evaluation results. Our facilitation skills training approach
focuses on helping participants to develop the skills needed for effective leadership and group management, whether
it is adults or youth. Much of our focus is on key facilitation skills needed in any setting, e.g., engaging, attending,
informing, managing discussion, planning, and summarizing. Facilitation skills training can then layer on additional
and advanced skills such as brainstorming, problem-solving models and conflict resolution skills, small-group work,
action planning, and co-facilitation methods.
A key element of facilitation skills training is the flexibility of altering the process and methods to fit participant
needs. With that in mind, the following table presents a simple outline of the steps that guide the design and
development of facilitation skills training for facilitating organization planning meetings or workgroup meetings.
The details and time involved with each step will vary depending on the training needs of the group and resources
available.
Meeting and Planning Facilitation
Skills Training Content
Rationale for Training in this Skill
Define the purpose of the meeting
Having a clearly stated intention about the reasons for the
meeting guide all subsequent decisions
Decide who should be included in
the meeting
Key stakeholders and decision makers need to be included in
meetings in order for action to be taken
Assess the situation with the group
members before the meeting
Work closely with the group members ahead of time to
describe how the issues relate to overall goals of the
organization. Gathering important background information
includes the characteristics and history of the group, attitudes
and expectations, and other situational factors that can affect
the outcome of the meeting.
Draft objectives for the meeting
Results oriented objectives can help guide the process and
provide indicators for the effectiveness of the facilitation
Arrange meeting details
Accessibility and atmosphere of the possible meeting
locations are just a few of the logistics that need to be
carefully planned in advance.
Decide if participants need to do
any preparation in advance of
meeting and provide guidance or
information if necessary
Will participants need background information in order to
fully participate at the time of the meeting? Do they need to
be prepared ahead for any surprising topics? Anything that
can increase the effectiveness and efficiency of the meeting
should be considered.
Determine methods/strategies and
processes that might be used
during the meeting
Matching processes to characteristics and needs of the
participants, situation and topic is a critical step to a successful
facilitation.
Choose opening and closing
activities
Beginnings and endings are critical times for team building,
vision commitment and other
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Select and use appropriate
facilitation skills: e.g., attending,
managing discussion,
brainstorming, summarizing, etc.
A variety of skills are needed and should be selected based
on the purpose of the meeting
Conduct closure activities and
evaluate the meeting
For example, provide a report on the results of the meeting,
action steps agreed upon, etc.
Change Theory and Managing Change Workshops and Consultations:
Training on change theory focuses on the specific challenges of initiating, sustaining, and rethinking change. These
challenges are modeled from Peter Senge’s Dance of Change (1999) which include initiating change through growth
processes of profound change, overcoming limitations such as restricted time, perceived irrelevance, and lack of
coaching as well as creating buy-in. Once a commitment is made to change, the training would include methods of
sustainability through assessment and measurement and governance. The management of change comes with
redesigning it for different situations through rethinking the diffusion and strategy and purpose. This training
provides guidance to stakeholders involved with a variety of major innovations or reform initiatives. Emphasis
would be placed on exploration of the dynamics of strategy and purpose, and on assessment and measurement
feedback loops as critical elements of successful, sustained change processes. A unique aspect of the workshop
would be use of “appreciative inquiry” (See, Preskill and Catsambas,) to illustrate the aspects of that hold the key to
innovation and growth. An additional excellent resource is Smith’s 7 Levels of Change , a review of which can
provide lively discussion and new insight into the challenges and promise of change efforts.
Anticipated outcomes may include increased ability to describe and apply examples from the following topics: How
the change cycle works; how to overcome obstacles to change; how to perpetuate change and create an environment
of sustainable change; and how change theory fits in a government setting. Pre/Post assessments as well as follow-
up interviews can provide evidence for the continued use of the ideas from this workshop.
As noted, specific training and skill development content and approaches can be developed based on client
need.
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LeCroy & Milligan Associates works regularly with organizations in areas that might fall under the framework of
organizational analysis and process improvement. We have a comprehensive understanding of how human services
organizations and programs, as well as the role of government in these services. We are known for working
closely with our clients to assess the effectiveness of programs, monitor and document outcomes, and make
recommendations and develop solutions for ongoing improvement. These have included workforce and staff
surveying and reporting on recommendations regarding staffing levels based on standards in the field and the data
collected. Examples of some of the tools and approaches we might leverage are listed below, and this should not be
considered a comprehensive list of all approaches available:
Strategic Planning
LeCroy & Milligan Associates can design and conduct strategic planning that can be a comprehensive or an
expedited process based on individual needs. This can (and often does) include support for development of
organizational and program logic models.
In past projects, LeCroy & Milligan Associates completed an extensive literature review on strategic planning and
identified five overarching constructs that we may use as a framework. These five constructs are:
1. Strategic Vision: Excellent organizations have a clear mission, a vision for the future, well-structured goals and
objectives, strong leadership, and an involved board of directors.
2. Client-Centered: The organization’s mission and goals focus on client needs, the client has a voice in the
organization, and the organization has the ability to change in response to changing client needs.
3. Organizational Learning: The organization creates and maintains a climate that promotes active learning,
provides opportunities for growth, and allows for risk taking without fear of failure.
4. Evaluative Capacity: The organization values evaluation, accepts and demonstrates accountability, and has the
capability to measure performance both as a learning tool and as a tool for informing key stakeholders.
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5. Resource Capable: The organization is capable of identifying, attracting, and effectively using financial
resources, people, and technology.
These constructs can be used, first, to assess existing capacity, and second to help shape the focus of strategic
planning in an organization or group. There are a variety of perspectives, models and approaches used in strategic
planning. For example, there are strategic planning approaches that lend themselves well to effectively building
strong mission and vision statements, as well as developing goals and objectives specific to those statements, both
essential elements of the strategic vision construct. Other approaches might be most useful for generating
organizational learning or be helpful in building evaluative capacity in the organization.
Some of the approaches and steps that we have used in training workshops (and have used in direct facilitation of
strategic planning efforts) include:
1. “Basic” mission/vision, goals planning. Often working with a small organization, or newly formed group,
this process can help get the key stakeholders or staff to develop and share a common vision and focus their
activities for the immediate future. This process would include facilitation of discussion and consensus
around: overall mission or vision, key strategic directions to reach the mission, development of key
objectives and action steps under each direction, identification of implementation tasks, development of
plan to monitor attainment of goals and objectives and update plans.
2. Issues-based planning. Issues-based strategic planning often starts by examining issues facing the
organization, strategies to address those issues, and action plans. We have used a SWOT analysis
(identifying Strengths, Weaknesses, Opportunities and Threats or challenges facing the organization) as a
starting point with groups. This process systematically assesses the external and internal environment of
the organization and helps the group to focus on particular issues to address. From there we assist the
group in prioritizing issues to address, formulate strategies, and establish action plans. If appropriate and
needed we will then assist the group in developing, reviewing and updating their strategic plan document.
3. Institute for Cultural Affairs (ICA) methods, often called “the Technology of Participation (TOP) methods,
which is a process and set of tools that generates a large amount of data in a short time. The process
encourages the generation of ideas using a post it board, focused discussion questions, and a prioritizing
process. This process is often more “organic” in nature than some other planning methods, and is
particularly helpful in encouraging conversation, expansive thinking, and on-going dialogue.
The way that strategic planning is developed depends on the nature of the organizations or group’s leadership,
culture, complexity of the organization's environment, size of the organization, etc. We have often found that the
“process” of strategic planning is as important as the strategic plan document itself to the leadership team involved.
In our training, LMA provides information about the key steps of the strategic planning process that will help ensure
that strategic plans are implemented, including, for example:
x Encouraging broad representation in the group.
x Ensuring the plan is realistic and feasible.
x Forming clear and actionable work plans or action steps, with particular attention to short-range steps to
insure early feedback and success.
x Developing a clear, concise written document that is compelling and appealing.
x Developing a plan for monitoring, review and revision of plans.
Systems Thinking:
LeCroy & Milligan Associates has designed and conducted a variety of workshops and presentations around
Systems Thinking and Systems Change concepts. These courses include a one-hour overview of key concepts, and
half and full day focused workshops on using Systems Change concepts in their areas of work. For example, we
have used concepts from the Build Initiative for much of our work in training early childhood coalitions in Arizona.
Developed after the Build Initiative's Evaluation Symposium, Julia Coffman's "A Framework for Evaluating
Systems Initiatives" is a significant contribution to understanding, thinking about and evaluating systems change. In
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this training, we prepare participants around five key foci of any systems change effort: context, components,
connections, infrastructure, and scale. A combination of activities is used in this training, including organizational or
system assessment, lecture and power points on key content, group discussion, and action planning and goal setting.
This work can help an organization determine how to move forward through changes efforts, including workforce
changes.
Development of Quality Assurance Systems
LeCroy & Milligan Associates brings over 20 years of experience in developing quality assurance systems for
program implementation. Workshops and/or coaching sessions can be delivered to individuals and small work
groups. Using approaches, methods and materials garnered from Implementation Science (National Implementation
Research Network), this workshop outlines the key components of a quality assurance system for new or existing
social services programs.
Data Collection and Analysis
LeCroy & Milligan Associates is versed in collection of all types of data, including related to program operations
and staffing levels. This strategy would typically include the following: 1) determining the questions of interest; 2)
determining what data and information is needed to inform the questions; 3) identifying an approach and developing
a plan for collecting, reviewing or analyzing that information; 4) completing that data collection plan; and 5) then
developing written reports and presentations to share findings to inform ongoing program improvement efforts. For
example, we conducted a workforce survey and capacity project for the Arizona School for the Deaf and Blind, that
assessed staffing levels against what was available in the literature/public data regarding the number and types of
positions in this type of school-setting. In addition, we have conducted audits, such as for the Arizona Attorney
Children’s Office related to the adult services systems. The goal is organizational improvement. Some of this
information is also included below under Other Services.
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In order to accomplish these tasks, we will work with the County department requesting the task order for approval
of all programs, trainings, and processes utilized to provide the requested services. We understand that all plans,
recommendations, solutions and processes developed will be delivered to the County department in the agreed
format and timeframe. We will facilitate the necessary meetings that include but are not limited to training,
coaching, process implementation, planning, progress reporting. The type and frequency of any meetings will be
agreed upon issuance of any task order.
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Our extensive experience in program evaluation, needs assessments and performance measurement training would
be useful in many strategic consulting situations.
Program Evaluation & Research Methods Trainings and Consultations
LeCroy & Milligan Associates can provide consultation on the development of evaluation approaches and
frameworks for your organization. Common topics might include:
Introduction to Program/Outcome Evaluation: This intermediate course is designed to introduce participants to a
framework for planning evaluation and demonstrating results to different audiences/stakeholder groups. The
framework clarifies the audience for the evaluation, short, intermediate and long-range outcomes, the data collection
and analyses plan, and how to manage the evaluation over time. Participants are also introduced to various types of
performance measures in connection with a SMART planning model.
Introduction to Logic Models: How do I clearly describe the outcomes of my program? What’s the best model to
use? What’s the difference between an outcome and an objective? How do I go beyond describing the services my
agency provides? How can I know what tools to use to evaluate my program?
Evaluation 101: General introduction to the purposes and methods of evaluation
Key Questions for Evaluation Planning: A conceptual approach using key questions to help you plan an evaluation
of your program.
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Conducting Needs/Assets Assessments: Fundamental outline of what to include and how to conduct a needs/assets
survey of your community.
Program Planning/Program Development: Review of key elements for designing effective programs.
Program Implementation: What are the most important steps to implementing effective social services programs?
Designing Surveys & Questionnaires: How to ask good questions. How to avoid biased responses. A guide to
preventing common mistakes made in creating surveys.
Introduction to Statistics/Analyzing Data: A beginner’s guide to the most commonly used statistical analyses.
Simple suggestions for ways to code and enter data.
Selecting Measures to Evaluate your Program outcomes: Review of methods in instrument selection and design
theory.
Focus Group Training: Staff of LeCroy & Milligan Associates have conducted a variety of focus groups with a
diversity of participants, including parents, children, youth, agency staff, and other community members. Staff of
LeCroy & Milligan Associates have worked with a variety of constituents and populations including
Latino/Mexican Americans, monolingual Spanish speakers, Native Americans, African Americans, refugee
populations (e.g., Vietnamese), parents (including those with child protective service referrals), health care
providers, non-profit agency staff and administration, homeless youth, DCS-involved parents, clients undergoing
therapy for substance abuse and mental health treatment, teachers, and others. From this experience, we are
equipped to conduct focus groups with staff as well as train others on how to do this process.
Data Management Training: LeCroy & Milligan Associates (LMA) has experience training organizations in
establishing, maintaining, and utilizing data collection and database systems. We provide training to organizations
in designing a data collection system for their organization or program. This training is most often done on an
individual basis, customized to the needs of the organization.
Research and Evaluation Services
LeCroy & Milligan Associates is a full-service program evaluation and consultation organization; and, thus, other
services include developing evaluation plans and instruments, as well as analyzing and reporting on findings for
projects of all sized. We can directly conduct these services for the County. This includes conducting state and
county-level needs assessments for planning purposes. Please see our website at www.lecroymilligan.com for more
information our full spectrum of services.
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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.
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4.5 The County will not (under any circumstances) reimburse the contractor for guest vehicle
rental(s) or other any transportation costs.
5.0 Contractor is responsible for all costs not directly related to the travel except those that have been
pre-approved by the County contract administrator. These costs include, but 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.
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