pima county notice of request for proposals...

PIMA COUNTY NOTICE OF REQUEST FOR PROPOSALS (RFP)

Solicitation Number: 264949 Title: Employee Loan Program

DUE IN AND OPENS: OCTOBER 12, 2017 AT OR BEFORE 3:00 P.M. LOCAL ARIZONA TIME (MST)

Submit Proposal to: Pre-Proposal Conference – In Person or Conference Call: Pima County Procurement Department September 27, 2017 AT 2:00 PM LOCAL AZ TIME (MST) 130 West Congress, 3rd Floor, Pima County Procurement Department Mailstop # DT-AB3-126 130 West Congress, 3rd Floor, Tucson, Arizona 85701 - OR - Tucson, Arizona 85701 To join the conference by telephone, call 1(520)222-1111

Participant (Access) Code # 0135111

SOLICITATION: Pima County (“County”) is soliciting proposals from Offerors qualified, responsible and willing to provide the following Goods and/or Services in compliance with all solicitation specifications and requirements contained or referenced herein. GENERAL DESCRIPTION: Pima County is seeking a provider that will offer a small-loans program as a voluntary benefit for Pima County employees per specifications called for herein. You may download a full copy of this solicitation at www.pima.gov/procure/ifbrfp.htm by selecting the solicitation number. Offerors are required to check this website for addenda prior to the closing date and time of the solicitation to assure that the proposal incorporates all addenda. Prospective Offerors may also pick up a copy, Monday through Friday excluding legal holidays, 8 am to 5 pm LOCAL ARIZONA TIME (MST), at the address listed above. County will hold a Pre-Proposal Conference for the purpose of clarifying requirements and answering prospective Offeror questions. It is the responsibility of Prospective Offerors to familiarize themselves with all requirements of the solicitation and to identify any issues at the conference. Attendance is optional and encouraged. Offerors must submit proposals as defined in the Instructions to Offerors, in accordance with the Standard Terms and Conditions, and all solicitation documents either referenced or included herein. Failure to do so may be cause for County to reject a proposal as non-responsive. Offerors must complete and return those documents identified in Section 6, Submission of Proposals of the Instruction to Offerors document. Offerors may not withdraw proposals for 60 days after opening except as allowed by Pima County Procurement Code. OFFERORS ARE REQUIRED TO READ THE ENTIRE SOLICITATION, INCLUDING ALL REFERENCED DOCUMENTS, ASSURE THAT THEY ARE WILLING AND ABLE TO COMPLY, AND TO INCORPORATE ALL ASSOCIATED COSTS IN

THEIR PROPOSAL. County will not accept verbal requests for clarifications or interpretations. Offerors must submit any questions or deviation requests in writing to County’s Procurement Department, Attention: Jennifer Moore, Fax: (520) 791.6509, email: [email protected]. All submittals shall reference the Solicitation Number and Title. County may not answer any Questions or Deviation Requests that Offerors submit within 8 days of the solicitation Due Date/Time. Mail/deliver proposals to the following address: Pima County Procurement Department, 130 W. Congress, 3rd Floor, Mailstop # DT-AB3-126; Tucson, AZ 85701 Jennifer Moore Commodity/Contracts Officer Publish: The Territorial: September 19, 20, 21, and 22, 2017

http://www.pima.gov/procure/ifbrfp.htm

Solicitation No: 264949 Title: Employee Loan Program

Instructions to Offerors Page 1 of 5 Revised 5/13/17

INSTRUCTIONS TO OFFERORS 1. PREPARATION OF RESPONSES: Offerors must make all proposals using the forms contained in this package. Offerors must print or typewrite all prices and notations. No erasures are permitted. Offerors may cross out errors and print in ink or typewrite corrections adjacent to the error and the person signing the proposal will initial any such correction. County prefers typewritten responses. All proposals shall as appropriate indicate the registered trade name, stock number, and packaging of the items included in the proposal. Any surety that this solicitation requires may be in the form of a bond, cashier's check or certificate of deposit made payable to Pima County. Personal or company checks are not acceptable. 2. PROPOSAL DOCUMENTS: Offerors shall complete and submit their proposals utilizing the FORMS provided by this solicitation. Offerors must provide requested information and data in the precise manner that County requests. Product descriptions shall provide sufficient information to precisely document the product being offered. Failure to comply may cause County to improperly evaluate the proposal or to deem it non-responsive. Offeror must complete ATTACHMENT 1: Proposal Certification form which an authorized representative of Offeror must sign certifying that the firm is willing and able to meet all requirements of the solicitation. Failure to do so may be cause for County to reject the proposal as non-responsive. 3. GENERAL SPECIFICATIONS & DEVIATIONS: The specifications included in this solicitation intend to identify the kind and quality of goods and/or services to be provided without being unnecessarily restrictive, and to allow Offeror to provide the information needed for the development of consistent and comprehensive proposals. Equipment brand names, models and numbers, when given, intend to identify a level of quality, equivalent performance and dimensional specifications, and are for reference only, unless otherwise specified in the solicitation. Failure to perform appropriate research, discovery, examine any drawings, specifications, and instructions will be at the Offeror's sole risk. Items included in Offeror’s proposal shall meet the specifications and requirements set forth by the solicitation. Deviation requests shall specifically document and clearly illustrate the deviation to the particular specification or the requirement set forth by this solicitation and fully explain the requested deviation’s impact on the end performance of the item. Offerors must submit deviation requests to County prior to the initial solicitation due date. County may not answer requests submitted within 8 days of the solicitation due date. Acceptance or rejection of said deviation request is at the sole discretion of County in accordance with the Pima County Procurement Code. County may consider conditional proposals that do not conform to or that request exceptions to the published solicitation and addendums as non-responsive and County may not evaluate them.

All equipment shall be models of current production, latest design and technology, new and unused unless otherwise specified. The successful Offeror shall provide Manufacturer and Offeror documentation, including and not limited to the following not later than 14 days after request by the County and at no additional cost: warranty; caution-informational warnings; recommended maintenance schedule and process; recommended spare parts list; operating, technical and maintenance manuals including drawings, if appropriate; product brochures; and safety data sheets (SDS). 4. OFFERORS MINIMUM QUALIFICATIONS: In order for County to evaluate and consider proposals for award, they must be Responsive and Responsible. “Responsive” means that the submitted proposal documents conform in all material respects to the requirements in the solicitation. “Responsible”, means that Offerors document and substantiate their capability to fully perform all requirements of the solicitation. Factors include and may not be limited to experience, integrity, perseverance, reliability, capacity, facilities, equipment, credit and any other matter necessary to provide the performance that the solicitation requires.



Offeror shall certify that they possess the minimum qualifications contained in ATTACHMENT 2: Minimum Qualifications Verification form (1 Page). Offeror shall provide the requested documents that substantiate their satisfaction of the Minimum Qualifications. Failure to provide the information required by these Minimum Qualifications and required to substantiate responsibility may be cause for County to reject the Offeror’s proposal as Non-Responsive and/or Non-Responsible.

5. EVALUATION AND AWARD CRITERIA:

Pima County will evaluate proposals that are Responsive and Responsible as defined above. County will evaluate proposals according to the evaluation criteria set forth herein. County will evaluate cost without regard to applicable taxes. Evaluation Criteria The evaluation panel will use the evaluation criteria when scoring the Offeror’s answers to the questions contained in ATTACHMENT 3: Questionnaire form (8 Pages). Offeror should respond in the form of a thorough narrative to each specification as guided by the Questionnaire. The evaluation panel will evaluate the narratives along with required supporting materials and award points accordingly. Offerors must not modify the forms in this RFP.

EVALUATION CRITERIA

EVALUATION CRITERIA DESCRIPTION MAXIMUM POINTS

A. Terms Offerors should describe in their proposals to the extent to which loan terms are transparent and ensure affordable, equitable access to emergency funds for employees, while ensuring that employees do not take on a debt burden that exceeds 20 percent of an employee’s annual take-home pay. Considerations include:

Affordability and transparency of fixed annual percentage rates.

Any fees that are the responsibility of the employee, including any origination fees, processing fees, etc.

Minimum qualifications for an employee to secure a loan, including: tenure, salary, credit score, and other financial obligations of the employee

Maximum amount of the loan and loan timeframe

Repayment terms, including the ability to prepay the full amount without penalty via (payroll deduction or online or other method)

Any banking requirements (any precondition of use of specific banks or other financial institutions)

Frequency of loans

Any reasons an employee can be denied a loan

Other limitations

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B. Program Implementation and Management Plan

Offerors should detail in their proposals an Implementation and Management Plan, which:

Includes activities and quality online and print materials to educate all county employees about the program

Uses application forms and loan agreements that are clear, accessible, and easy to read for anyone with a sixth-grade reading level

Supports an efficient process for the County to o Set up the overall program o Verify employee eligibility o Administer payroll deductions for loan repayment through ADP on

a bi-weekly payroll schedule o Avoid errors, such as overpayment

Supports an expeditious, transparent process for employees to secure loans. Considerations include:

o Process for applying (in person, via internet, etc.) o Any specific requirements for loan application process (days,

hours, locations, etc.) o Time period in which the loan request is processed and accepted

or rejected after application is submitted

Includes detailed protocols for communication with borrowers, including reminders, customer support, etc.

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Has clear, fair and reasonable procedures for handling complaints and grievances and terminating loan agreements

Protects the privacy and security of employees, including state-of-the-art standards for the secure transmittal and maintenance of employee data

Offers accommodations for employees with disabilities/special needs, and accessibility features, such as multiple modes for borrowers to obtain information

Offers or supports ancillary services for employees, such as savings component, budgeting workshops, financial counseling, mobile applications to help manage personal finances, etc.

Demonstrates compliance with all applicable laws and regulations

Has clear guidelines on the number of loans an employee can have, the total amount that can be borrowed, and whether loans can be consolidated.

C. Company Experience

Offerors should describe in their proposals the quantity, quality and relevance of company’s experience administering employee loan programs. Considerations include number of programs administered, number of years’ experience, types of employers, types and numbers of borrowers served, positive references and testimonials from borrowers and employer partners.

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D. Company Qualifications

Offerors should include in their proposals evidence of expertise, stability and financial soundness. Considerations include regulatory status, litigation history, and financial history and stability, including review of last two years of financial statements and audits. If there are other key financial or legal partners, similar evidence of expertise and stability will be considered for these partners.

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E. Loan Program(s) Performance

Offerors, for each loan program offered, should include in their proposals projected metrics and past actual performance:

Number of loans made per year

Total amount loaned per year Repayment rate and default rate

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F. Sustainability In accordance with BOS Resolution 2007-84, Pima County values and encourages sustainable practices. Offerors should complete the questionnaire attesting to the sustainable practices your business incorporates.

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County reserves the right to request additional information and/or clarification. Any clarification of a proposal shall be in writing. Recommendation for award will be to the responsible and responsive Offeror whose proposal County determines to be the most advantageous taking into consideration the evaluation criteria in this solicitation. If County makes an award, it will enter into an agreement with the one Offeror that submitted the highest scoring responsive and responsible proposal(s) by executing and transmitting a Master Agreement (MA) or Purchase Order (PO) document that incorporates the Proposal without further action by the Offeror. The County may conduct discussions with the Offeror to clarify the Proposal and Agreement details provided that they do not substantially change the intent of the solicitation.

6. SUBMISSION OF PROPOSALS: Offerors are to complete, execute and submit:

A. One (1) original hardcopy clearly marked “Original” including one (1) electronic copy (Thumb Drive) of all the required documents. The Electronic copy shall contain Forms required by this solicitation in Mircrosoft word format. Supporting documentation i.e, application, marketing material, audit financials, may be in PDF format

B. Five (5) hard copies, clearly marked “Copy” The submittal shall include all information requested by the solicitation, and utilize without modification the forms provided by the solicitation. All questions must be answered and each FORM completed in full, as a condition of the RFP.



Proposal shall be typed:

Contain a Table of Contents

Each page consecutively numbered at the bottom

One side of the paper only

Assembled and organized by tabs – each tab should contain applicable forms and required documentation as indicated below:

TAB FORM TITLE

Tab 1 Attachment 1: Proposal Certification form, Complete, provide the requested information, which may include and not be limited to Addenda

Acknowledgement information and sign the form.

Tab 2 Attachment 2: Minimum Qualifications Verification form, Fully completed as requested and sign the form.

Tab 3 Attachment 3: Questionnaire form, Fully completed as requested, and answers should be in the form of a thorough narrative and provide supporting

documentation for the following sections of the Questionnaire: A. Terms: Supporting documentation may include but is not limited to Exhibit B: Compensation and Payment,

application, marketing material and loan paperwork.

B. Program Implementation and Management Plan: Supporting documentation may include, but is not limited to sample reports, grievance/complaint protocol, default notice, workshop brochures, counseling program literature etc.

C. Company Experience: Supporting documentation may include, but is not limited to references and testimonials.

D. Company Qualifications: Supporting documentation may include, but is not limited to Attachment 4: Litigation History form, fully completed as requested (make copies as necessary), financial statements and audits.

E. Loan Program(s) Performance: Supporting documentation may include, but is not limited to sample metrics reports.

F. Sustainability, fully completed as requested.

Offeror will bind and index (tab) the proposal in the order as indicated above. County will consider incomplete or unsigned documents to be non-responsive. County must receive and time stamp proposals at the specified location at or before the Due Date and Time as stated in the Request for Proposals. The County’s “time-stamp” shall be the official time used to determine the timeliness of the submittal. County will not accept or will return unopened any proposals or modifications that County receives after the Due Date and Time. County will open and record timely submittals promptly after the Due Date and Time. An authorized agent of the Offeror must sign proposals and Offeror must submit them in a sealed envelope marked or labeled with the Offeror’s firm name, solicitation number, title, solicitation due date and time, to the location and not later than the Due Date and Time specified in the Request for Proposals. Failure to comply with the solicitation requirements may be cause for County to reject the Offeror’s proposal as non-responsive. 7. BEST AND FINAL PROPOSAL: County reserves the right to request additional information and/or clarification with responsible Offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. In the event that County holds discussions and requests clarifications, County will issue a written request for best and final proposals. The request shall set forth the date, time, and place for the submission of best and final proposals. If Offerors fail to respond to the request for best and final proposal or fail to submit a notice of withdrawal, County will consider their immediate previous proposal as their best and final proposal.



8. COMPLIANCE WITH AGREEMENT: County will execute an agreement with the successful Offeror by issue of a General Services Contract. The Offeror agrees to establish, monitor, and manage an effective administration process that assures compliance with all requirements of the agreement. In particular, the Offeror agrees that they shall not provide goods or services in excess of the executed agreement items, item quantity, item amount, or agreement amount without prior written authorization by revision or change order properly executed by the County. Any items provided in excess of the quantity stated in the agreement shall be at the Offeror’s own risk. Offerors shall decline verbal requests to deliver items in excess of the agreement and shall report all such requests in writing to the Pima County Procurement Department within 1 workday of the request. The report shall include the name of the requesting individual and the nature of the request. 9. INQUIRIES & NOTICE OF RECOMMENDATION FOR AWARD (NORFA): County will not provide results of this procurement in response to telephone inquiries. Interested parties may attend the public opening at the time and date stated in this solicitation. A tabulation of submittals will be on file at the Procurement Department. No oral interpretations or clarifications made to any respondent as to the meaning of any of the solicitation documents will be binding on Pima County. If a prospective respondent believes a requirement of the solicitation documents to be needlessly restrictive, unfair, or unclear, the respondent shall notify the Pima County Procurement department in writing identifying the solicitation number, page and paragraph number and clearly stating the issue and suggested solution prior to the date set for receipt of the bid or proposal. County will respond by written addendum sent to all known potential respondents. County may not answer issues that are not submitted within 8 days prior to the closing date and time of the solicitation. “The Pima County protest procedures are in Chapter 11.20 of the Pima County Procurement Code, available through http://www.pima.gov/cob/code/. The five-day period to file a protest of the award will be measured from the date the Notice of Recommendation for Award is posted on the Pima County Procurement website at http://www.pima.gov/procure/awards/ without regard to whether individual notices were issued. It is the responsibility of bidders, proposers and Offerors to check the website” 10. CONTRACTOR RECORD MAINTENANCE: By submitting a response to this solicitation, the Contractor agrees to establish and maintain a complete Pima County Contractor record, including the provision of a properly completed and executed “Request for Taxpayer Identification Number and Certification” document (Form W-9), within ten calendar days of the solicitation’s due date. The Contractor also agrees to update the information within ten calendar days of any changes made and prior to the submission of any invoice or request for payment. The preferred method for creating or updating this record is via the internet utilizing the Pima County Vendor Registration (VRAMP)/Vendor Self Service (VSS) portals. The registration requires that the Contractor establishes and maintains email functionality. In addition to providing the means for a Contractor to create and maintain their own record, the portals also provide for email notice to the Contractor regarding solicitations published by Pima County for commodities of interest as defined by the Contractor record. Internet links for Contractor Registration are located at the Procurement Internet page: http://www.pima.gov/procure/venreg.htm 11. DOCUMENTS MARKED CONFIDENTIAL: Disclosure. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34-603(H) in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, Chapter 6, all documents submitted in response to this solicitation, including, but not limited to, pricing schedules, product specifications, work plans, and any supporting documents are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors.

Records Marked Confidential; Notice and Protective Order. If Offeror reasonably believes that some of those records contain proprietary, trade-secret or otherwise-confidential information, Offeror must prominently mark those records “CONFIDENTIAL.” In the event a public-records request is submitted to County for records marked CONFIDENTIAL, County will notify Offeror of the request as soon as reasonably possible. County will release the records 10 business days after the date of that notice, unless Offeror has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order.

Any information marked as CONFIDENTIAL must be accompanied by an index specifically identifying and describing the general contents of each page so marked. The index is a Public Record and shall not include any information considered confidential.

The Offeror agrees to waive confidentiality of any price terms in the event of an awarded contract.

END OF INSTRUCTIONS TO OFFERORS

http://www.pima.gov/cob/code/

http://www.pima.gov/procure/awards/

http://www.pima.gov/procure/venreg.htm


Proposal Agreement Page 1 of 8 Revised 5/13/17

Pima County Department of Human Resources

Project: Employee Loan Program

Contractor:

Amount: None

Funding: Employee Contributions by Payroll Deduction (STAMP HERE)

PROPOSAL AGREEMENT - GENERAL SERVICES CONTRACT

1. Parties, Background and Purpose.

1.1. Parties. This Contract is between Pima County, a body politic and corporate of the State of Arizona (“County”), and [Legal Name as documented by the ACC or individual’s name for sole proprietorship] (“Contractor”).

1.2. Solicitation. County previously issued Solicitation No. 264949 for certain goods and/or services (the “Solicitation”). Requirements and specifications contained in the Solicitation, all documents included in the Solicitation, and any information and documentation submitted by Contractor in response to the Solicitation, are incorporated into this Contract by reference.

1.3. Contractor’s Response. Contractor submitted the most advantageous response to the Solicitation.

2. Term.

2.1. Original Term. This Contract is effective for a one-year period commencing on January 1, 2017 (the “Initial Term”). “Term,” when used in this Contract, means the Initial Term plus any exercised Extension Options.

2.2. Extension Options. County may renew this Contract for up to four (4) additional periods of up to 1 year each (each an “Extension Option”). An Extension Option will be effective only upon execution by the Parties of a formal written amendment.

3. Scope of Services.

Contractor will provide County with the products and/or services (“Goods and Services”) described in Exhibit A (1 page), at the dates and times described on Exhibit A or, if Exhibit A contains no dates or time frames, then upon demand. The Goods and Services must comply with all requirements and specifications in the Solicitation.

4. Compensation and Payment.

4.1 Rates; Adjustment. County will process payroll deductions as authorized by employees who are approved for one or more loans through this voluntary program with Contractor. Contractor will invoice County for loan payment amounts to include the loan interest rates and fees as set forth in Exhibit B (1 Page). Loan interest rates and fees will remain in effect during any Extension Option period unless Contractor, at least ninety (90) days before the end of the then-existing Term, or at the time the County informs Contractor that County intends to extend the Term, if that is earlier, notifies County in writing of any adjustments to the loan interest rates or fees, and the reasons for the adjustments. Only new loan agreements will be subject to any approved loan interest rate or fee increase.

4.2 Maximum Payment Amount. County’s total payments of payroll deduction transfers to Contractor under this

Contract will not exceed the total amount of fully executed loan agreements plus loan interest rates and fees between County employees and Contractor.



4.3 Timing of Payments to Contractor. County will process payroll deductions and transfer such deductions to

Contractor every two weeks to coincide with the regular County payday cycle in accordance with the terms of individual employees’ loans. County will notify Contractor when an employee retires or separates from County service. Upon separation of an employee from County service or interruption of employment for any reason, payroll deductions and payments from County to Contractor on behalf of that employee will cease.

4.4 Content of Invoices. Contractor will provide to Pima County detailed bi-weekly documentation in support of each

payroll deduction for each employee enrolled in the program. Contractor will notify County immediately in the event an employee loan is paid in full or otherwise satisfied.

4.5 Invoice Adjustments. County may, at any time during the Term and during the retention period set forth in

Section 21 below, question any payment that County makes to Contractor under this Contract. If County raises a question about the propriety of a past payment, Contractor will cooperate with County in reviewing the payment. Contractor will promptly pay to County any overpayment. County will make every effort to return any such overpayment to the affected County employee.

5. Insurance.

The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. Contractor’s insurance shall be placed with companies licensed in the State of Arizona and the insureds shall have an “A.M. Best” rating of not less than A- VII. Pima County in no way warrants that the minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

5.1 Minimum Scope and Limits of Insurance. Contractor shall procure and maintain, until all contractual obligations

have been discharged, the insurance coverage with limits of liability not less than stated below. Pima County in no way warrants that the minimum insurance limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract. If necessary, Contractor may obtain commercial umbrella or excess insurance to satisfy the County’s Insurance Requirements.

5.1.1 Commercial General Liability (CGL) – Occurrence Form with limits of $2,000,000 Each Occurrence and

$2,000,000 General Aggregate. Policy shall include bodily injury, property damage, broad form contractual liability coverage, personal and advertising injury and products – completed operations.

5.1.2 Business Automobile Liability – Bodily Injury and Property Damage for any owned, hired, and/or non-

owned automobiles used in the performance of this Contract with a Combined Single Limit (CSL) of $1,000,000 each accident.

5.1.3 Commercial Crime Policy or Blanket Fidelity Bond – Occurrence Form with limits of $2,000,000 Each

Occurrence and $2,000,000 General Aggregate. Policy shall include Employee Dishonesty (to include coverage for theft and mysterious disappearance and inventory shortage), Money & Securities Inside/Outside, Computer Fraud Funds Transferred (if applicable) Forgery or Alteration, The policy shall be endorsed to include Pima County (and the respective agency) as Loss Payee and the policy shall not contain a condition requiring a conviction or arrest in order to file a claim.

5.1.4 Claim-Made Insurance Coverage - If any part of the Required Insurance is written on a claims-made

basis, any policy retroactive date must precede the effective date of this Contract, and Contractor must maintain such coverage for a period of not less than three (3) years following Contract expiration, termination or cancellation.

5.2 Additional Insurance Requirements. The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

5.2.1 Additional Insured: The General Liability and Business Automobile Liability Policies shall each be

endorsed to include Pima County, its departments, districts, boards, commissions, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

5.2.2 Subrogation: The General Liability, Business Automobile Liability and Workers’ Compensation Policies shall each contain a waiver of subrogation endorsement in favor of Pima County, and its departments, districts, boards, commissions, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.



5.2.3 Primary Insurance: The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by Pima County, its agents, officials, or employees shall be excess and not contributory insurance.

5.2.4 Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

5.3 Notice of Cancellation. Each required insurance policy must provide, and certificates specify, that County will receive not less than thirty (30) days advance written notice of any policy cancellation, except 10-days prior notice is sufficient when the cancellation is for non-payment of a premium. Notice shall include the Pima County project or contract number and project description.

5.4 Verification of Coverage. Contractor shall furnish Pima County with certificates of insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

5.4.1 All certificates and endorsements, as required by this written agreement, are to be received and approved by Pima County before work commences. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance coverages or policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

5.4.2 All certificates required by this Contract shall be sent directly to the appropriate County Department. The

Certificate of Insurance shall include the Pima County project or contract number and project description on the certificate. Pima County reserves the right to require complete copies of all insurance policies required by this Contract at any time.

5.5 Approval and Modifications. The Pima County Risk Manager may approve a modification of the Insurance

Requirements without the necessity of a formal Contract amendment, but the approval must be in writing. Neither the County’s failure to obtain a required insurance certificate or endorsement, the County’s failure to object to a non-complying insurance certificate or endorsement, or the County’s receipt of any other information from the Contractor, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Requirements.

6. Indemnification. Contractor will indemnify, defend, and hold harmless County, its officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by Contractor, its agents, employees or anyone under its direction or control or on its behalf in connection with performance of the Master Agreement, Purchase Order or associated orders. Contractor warrants that all products and services provided under this contract are non-infringing. Contractor will indemnify, defend and hold County harmless from any claim of infringement arising from services provided under this contract or from the provision, license, transfer or use for their intended purpose of any products provided under this Contract.

7. Laws and Regulations. 7.1 Compliance with Laws. Contractor will comply with all federal, state, and local laws, rules, regulations,

standards and Executive Orders.

7.2 Licensing. Contractor warrants that it is appropriately licensed to provide the services under this Contract and that its subcontractors will be appropriately licensed.

7.3 Choice of Law; Venue. The laws and regulations of the State of Arizona govern the rights and obligations of

the parties under this Contract. Any action relating to this Contract must be brought in the appropriate court of the State of Arizona in Pima County.

8. Independent Contractor. Contractor is an independent contractor. Neither Contractor, nor any of Contractor’s officers, agents or employees will be considered an employee of Pima County for any purpose or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Merit System. Contractor is responsible for paying all federal, state and local taxes on the compensation received by Contractor under this Contract and will indemnify and hold County harmless from any and all liability that County may incur because of Contractor’s failure to pay such taxes.



9. Subcontractors.

Contractor is fully responsible for all acts and omissions of any subcontractor, and of persons directly or indirectly employed by any subcontractor, and of persons for whose acts any of them may be liable, to the same extent that the Contractor is responsible for the acts and omissions of its own employees. Nothing in this Contract creates any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law.

10. Assignment. Contractor may not assign its rights or obligations under this Contract, in whole or in part, without the County’s prior written approval. County may withhold approval at its sole discretion.

11. Non-Discrimination. Contractor will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this contract, including flow-down of all provisions and requirements to any subcontractors. During the performance of this Contract, Contractor will 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.

12. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.

13. Authority to Contract.

Contractor warrants its right and power to enter into this Contract. If any court or administrative agency determines that County does not have authority to enter into this Contract, County will not be liable to Contractor or any third party by reason of such determination or by reason of this Contract.

14. Full and Complete Performance. The failure of either party to insist, in one or more instances, upon the other party’s full and complete performance under this Contract, or to take any action based on the other party’s failure to fully and completely perform, is not a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time is not an accord and satisfaction.

15. Cancellation for Conflict of Interest. This Contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated into this Contract by reference.

16. Termination by County. 16.1 Without Cause. County may terminate this Contract at any time, with or without cause, by serving a written

notice upon Contractor at least 30 days before the effective date of the termination. In the event of such termination, County's only obligation to Contractor will be payment for services rendered prior to the date of termination.

16.2 With Cause. County may terminate this Contract at any time without advance notice and without further obligation to County when County finds Contractor to be in default of any provision of this Contract.

16.3 Non-Appropriation. Notwithstanding any other provision in this Contract, County may terminate this Contract if for any reason there are not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Contract. In the event of such termination, County will have no further obligation to Contractor, other than to pay for services rendered prior to termination.

17. Notice.

Any notice required or permitted to be given under this Contract must be in writing and be served by personal delivery or by certified mail upon the other party as follows:

County: Contractor: Pima County Human Resources Allyn Bulzomi, Director 150 W. Congress, 4th Floor Administration West Tucson, AZ 85701



18. Non-Exclusive Contract.

Contractor understands that this Contract is nonexclusive and is for the sole convenience of County. County reserves the right to obtain like services from other sources for any reason.

19. Remedies. Either party may pursue any remedies provided by law for the breach of this Contract. No right or remedy is intended to be exclusive of any other right or remedy and each is cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Contract.

20. Severability. Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder of this Contract.

21. Books and Records. Contractor will keep and maintain proper and complete books, records and accounts, which will be open at all reasonable times for inspection and audit by duly authorized representatives of County. In addition, Contractor will retain all records relating to this Contract for at least five (5) years after its expiration or termination or, if later, until any related pending proceeding or litigation has concluded.

22. Public Records.

22.1 Disclosure. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34-603(H) in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in award of this Contract, including, but not limited to, pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors.

22.2 Records Marked Confidential; Notice and Protective Order. If Contractor reasonably believes that some of those records contain proprietary, trade-secret or otherwise-confidential information, Contractor must prominently mark those records “CONFIDENTIAL”. In the event a public-records request is submitted to County for records marked CONFIDENTIAL, County will notify Contractor of the request as soon as reasonably possible. County will release the records 10 business days after the date of that notice, unless Contractor has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order.

23. Legal Arizona Workers Act Compliance. 23.1 Compliance with Immigration Laws. Contractor hereby warrants that it will at all times during the term of this

Contract comply with all federal immigration laws applicable to its employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal Immigration Laws”). Contractor will further ensure that each subcontractor who performs any work for Contractor under this Contract likewise complies with the State and Federal Immigration Laws.

23.2 Books & Records. County has the right at any time to inspect the books and records of Contractor and any subcontractor in order to verify such party’s compliance with the State and Federal Immigration Laws.

23.3 Remedies for Breach of Warranty. Any breach of Contractor’s or any subcontractor’s warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this section, is a material breach of this Contract subjecting Contractor to penalties up to and including suspension or termination of this Contract. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a result, Contractor will be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, as soon as possible so as not to delay project completion. Any additional costs attributable directly or indirectly to such remedial action are the responsibility of Contractor.

23.4 Subcontractors. Contractor will advise each subcontractor of County’s rights, and the subcontractor’s obligations, under this Section 0 by including a provision in each subcontract substantially in the following form:



“Subcontractor hereby warrants that it will at all times during the term of this contract comply with all federal immigration laws applicable to Subcontractor’s employees, and with the requirements of A.R.S. § 23-214 (A). Subcontractor further agrees that County may inspect the Subcontractor’s books and records to insure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor is a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract.”

24. Grant Compliance.

Not Applicable.

25. Israel Boycott Certification. Contractor hereby certifies that it is not currently engaged in, and will not for the duration of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Contractor may result in action by the County up to and including termination of this Contract.

26. Amendment. The parties may modify, amend, alter or extend this Contract only by a written amendment signed by the parties.

27. Entire Agreement.

This document constitutes the entire agreement between the parties pertaining to the subject matter it addresses, and this Contract supersedes all prior or contemporaneous agreements and understandings, oral or written.

PIMA COUNTY CONTRACTOR Procurement Director Authorized Officer Signature Date Printed Name and Title Date APPROVED AS TO FORM APPROVED AS TO CONTENT Deputy County Attorney Department Head Print DCA Name Date Date



Exhibit A: Scope of Services (1 page) Background Information: As part of its Economic Development Plan, Pima County has committed itself to championing and modeling practices that foster employee retention and career advancement. Among these strategies are safe, affordable, small-dollar employer-based loan programs for employees to address or avert emergencies that might otherwise cause them to miss work or lose their employment. Research from the Center for Financial Services Innovation (CFSI) indicates that forty-three percent of working Americans describe themselves as struggling to pay bills and credit payments; 25 percent worry all the time about being able to meet monthly living expenses; and 83 percent of employees report at least some financial stress. Some financial products available to people who need cash for unexpected expenses or to make ends meet may push them deeper into financial crisis, with annual percentage rates that can run to three digits, or loan renewals that trap customers in a cycle of debt. Pima County wishes to provide a safe and affordable alternative to these products for its employees. Pima County has a workforce of approximately 7,000 employees. Sixty-nine percent of these are non-exempt (hourly) employees. Average pay for all employees is $21.9341 per hour. Contractor will:

1. Offer a small-loans program as a voluntary benefit for all Pima County employees. Streamlined application process and short time frame for lending decisions and funding are key characteristics of an effective employee loan program.

2. Provide a file to the County each pay period noting the payroll deduction amounts for each employee (borrower) that is approved for a loan by the Contractor.

3. Provide a secure interface through the program website for County to transmit Employee data. 4. Provide County staff with necessary training to effectively administer payroll deductions on behalf of enrolled

employees. 5. Make available loans through a FDIC insured bank.

County will:

1. With the employee’s authorization, verify employment information to the Contractor (lender). 2. Provide automatic bi- weekly payroll deductions for loan repayment. 3. Provide the Contractor with information such as changes to normal payday dates, any terminations of employees

with an outstanding loan(s), revocations of payroll deductions, census file or any other information pertinent to the Program.

Overpayment: Contractor should be aware that, in the event of employee overpayment, Pima County deducts the overpayment from the employee’s net pay above minimum wage. Such deduction would take place in addition to any loan repayment deductions, if the employee is already a participant in the loan program. Pima County will provide information about the loan program to employees in this situation. Reports: Contractor must provide quarterly statistical reports to Pima County on number of loans made per year, total amount loaned per year, repayment rate and default rate. Customer Survey: Contractor must work with Pima County to develop and administer customer surveys to gauge satisfaction with the program and the impact the loan program is having on employees’ lives. End of Exhibit A



Exhibit B: Compensation and Payment (1 Page)

List the Programs, associated maximum interest rate and loan fees for each program offered. (Programs and Fees listed should be those described in Questionnaire A.1, A.2 and B.3). Submit this form as a part of your proposal. Program name: _______________________ __________% Maximum Annual Interest Rate: Loan Fees: Origination: $______ Application: $_____ Processing: $ ______ Late: $ ________ Other: _____________ $______ Prepayment Penalty: ________ Ancillary Services: Counseling Fee $______ Workshop: _____________ Fee $________ Other: _______________ $ _______ End of Exhibit B


Proposal Agreement – Standard Terms and Conditions Page 1 of 3 Revised 5/13/17

PIMA COUNTY STANDARD TERMS AND CONDITIONS

1. OPENING: Responses will be publicly opened and each respondent’s name, and if a Bid the amount, will be read on the date and at the location defined in the Invitation for Bid (IFB) or Request for Proposal (RFP). Proposals shall be opened so as to avoid disclosure of the contents of any proposal to competing Offerors during the process of negotiation. All interested parties are invited to attend. 2. EVALUATION: Responses shall be evaluated to determine which are most advantageous to Pima County (COUNTY) considering evaluation criteria, conformity to the specifications and other factors. If an award is made, COUNTY will enter into an agreement with the one or multiple respondent(s) that submitted the lowest responsive bid(s) that were determined responsible for supplying the required goods or services. Unless otherwise specified on the Bid/Proposal document determination of the low/lowest bids will be made considering the total bid amount. COUNTY, at its sole discretion, reserves the following rights:

1. To waive informalities in the bid or bid procedure. 2. To reject the response of any persons or corporations that have previously defaulted on any contract with

COUNTY or who have engaged in conduct that constitutes a cause for debarment or suspension as set forth in COUNTY Code section 11.32.

3. To reject any and all responses. 4. To re-advertise for bids previously rejected. 5. To otherwise provide for the purchase of such equipment, supplies materials and services as may be required

herein. 6. To award on the basis of price and other factors, including but not limited to such factors as delivery time, quality,

uniformity of product, suitability for the intended task, and bidder’s ability to supply. 7. To increase or decrease the item quantity or eliminate any item of this solicitation prior to the award. Pricing

evaluations will be based on pre-tax pricing proposed by Contractor. 3. AWARD NOTICE: A Notice of Recommendation for Award for IFB or RFP will be posted on the Procurement website and available for review by interested parties. A tabulation of responses will be maintained at the Procurement Department. 4. AWARD: Awards will be made by either the Procurement Director or the Board of Supervisors in accordance with the Pima County Procurement Code. COUNTY reserves the right to reject any or all proposals, bids or proposals or to waive irregularities and informalities if it is deemed in the best interest of COUNTY. Unless expressly agreed otherwise, resulting contracts are not exclusive, are for the sole convenience of COUNTY, and COUNTY reserves the right to obtain like goods or services from other sources. 5. WAIVER: Each Offeror, by submission of a proposal, bid or proposal waives any and all claims for damages against COUNTY or its officers or employees when COUNTY exercises any of its reserved rights. 6. ACKNOWLEDGEMENT AND ACCEPTANCE: If Contractor’s terms of sale are inconsistent with the terms of the resultant contract, the terms herein shall govern, unless COUNTY accepts Contractor’s terms in writing. No oral agreement or understanding shall in any way modify this contract or the terms and conditions herein. Contractor’s acceptance, delivery or performance called for herein shall constitute unqualified acceptance of the terms and conditions of the resultant contract. 7. INTERPRETATION and APPLICABLE LAW: The contract will be interpreted, construed and given effect in all respects according to the laws of the State of Arizona. If any of Contractors’ terms or conditions is not in agreement with County’s terms and conditions as set forth herein, COUNTY's shall govern. This contract incorporates the complete agreement of the parties with respect to the subject matter of this contract. No oral agreement or other understanding will in any way modify the terms and conditions of this contract.



8. QUANTITY: Contractor will not exceed or reduce the quantity of goods ordered without written permission from COUNTY in the form of a properly executed Contract or amendment as required by COUNTY Procurement Code. All quantities are estimates and COUNTY provides no guarantee regarding actual usage. 9. DELIVERY: On-time delivery of services is an essential part of the consideration to be received by COUNTY. A guaranteed delivery date, or interval period from order release date to delivery, must be given if requested by the Price Proposal document. Upon receipt of notification of delivery delay, COUNTY at its sole option and at no cost to COUNTY may cancel the order or extend delivery times. Such extension of delivery times will not be valid unless extended in writing by an authorized representative of COUNTY. To mitigate or prevent damages caused by delayed delivery, COUNTY may require Contractor to deliver additional quantity utilizing express modes of transport, and or overtime, all costs to be Contractor’s responsibility. COUNTY reserves the right to cancel any delinquent order, procure from alternate source, or refuse receipt of or return delayed deliveries, at no cost to COUNTY. COUNTY reserves the right to cancel any order or refuse delivery upon default by Contractor concerning time, cost, or manner of delivery. Contractor will not be held responsible for unforeseen delays caused by fires, strikes, acts of God, or other causes beyond Contractor’s control, provided that Contractor provides COUNTY immediate notice of delay. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: In the event any item furnished by Contractor in the performance of the contract should fail to conform to the specifications thereof, or to the sample submitted by Contractor, COUNTY may reject same, and it thereupon becomes the duty of Contractor to reclaim and remove the same, without expense to COUNTY, and immediately replace all such rejected items with others conforming to the specifications or samples. Should Contractor fail, neglect, or refuse immediately to do so, COUNTY has the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any monies due or that may become due to Contractor the difference between the price named in the Master Agreement or Purchase Order and actual cost to COUNTY. In the event Contractor fails to make prompt delivery as specified of any item, the same conditions as to the rights of COUNTY to purchase in the open market and invoke the reimbursement condition above apply, except when delivery is delayed by fire, strike, freight embargo, or acts of God or of the government. In the event of cancellation of the Master Agreement, Purchase Order or associated orders, either in whole or in part, by reason of the default or breach by Contractor, Contractor will bear and pay for any loss or damage sustained by COUNTY in procuring any items which the Contractor agreed to supply. The rights and remedies of COUNTY provided above are not exclusive and are in addition to any other rights and remedies provided by law or under the contract. 11. FRAUD AND COLLUSION: Each Contractor, by submission of a bid, certifies that no officer or employee of COUNTY or of any subdivision thereof:

1. Has aided or assisted Contractor in securing or attempting to secure a contract to furnish labor, materials or supplies at a higher price than that proposed by any other Contractor.

2. Has favored one Contractor over another by giving or withholding information or by willfully misleading the bidder in regard to the character of the material or supplies called for or the conditions under which the proposed work is to be done.

3. Will knowingly accept materials or supplies of a quality inferior to those called for by any contract. 4. Has any direct or indirect financial interest in the proposal or resulting contract.

Additionally, during the conduct of business with COUNTY, Contractor will not knowingly certify, or induce others to certify, to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or different kind of material or supplies that has been actually received. If at any time it shall be found that Contractor has in presenting any proposal(s) colluded with any other party or parties for the purpose of preventing any other proposal being made, then any contract so awarded shall be terminated and that person or entity shall be liable for all damages sustained by COUNTY.



12. COOPERATIVE USE OF RESULTING CONTRACT: As allowed by law, COUNTY has entered into cooperative procurement agreements that enable other Public Agencies to utilize procurement agreements developed by COUNTY. Contractor may be contacted by participating agencies and requested to provide services and products pursuant to the pricing, terms and conditions defined by the COUNTY Master Agreement, or Purchase Order. Minor adjustments are allowed subject to agreement by both Contractor and Requesting Party to accommodate additional cost or other factors not present in the COUNTY’s agreement and required to satisfy particular Public Agency code or functional requirements and are within the intended scope of the solicitation and resulting contract. Any such usage shall be in accordance with State, COUNTY and other Public Agency procurement rules, regulations and requirements and shall be transacted between the requesting party and Contractor. Contractor shall hold harmless COUNTY, its officers, employees, and agents from and against all liability, including without limitation payment and performance associated with such use. A list of agencies that are authorized to use COUNTY contracts can be viewed at the Procurement Department Internet home page: http://www.pima.gov/procure by selecting the link titled Authorized Use of COUNTY Contracts. 13. UNFAIR COMPETITION AND OTHER LAWS: Responses must be in accordance with Arizona trade and commerce laws (Title 44 A.R.S.) and all other applicable COUNTY, State, and Federal laws and regulations. 14. CONTROL OF DATA PROVIDED BY COUNTY: For those projects and contracts where COUNTY has provided data to enable the Contractor to provide contracted services or products, unless otherwise specified and agreed to in writing by COUNTY, Contractor will treat, control and limit access to said information as confidential and will under no circumstances release any data provided by COUNTY during the term of this contract and thereafter, including but not limited to personal identifying information as defined by A.R.S. § 44-1373, and Contractor is further prohibited from selling such data directly or through a third party. Upon termination or completion of the contract, Contractor will either return all such data to COUNTY or will destroy such data and confirm destruction in writing in a timely manner not to exceed sixty (60) calendar days.

END OF PIMA COUNTY STANDARD TERMS AND CONDITIONS

http://www.pima.gov/procure


Attachment 1: Proposal Certification form Page 1 of 1 Revised 5/13/17

ATTACHMENT 1: PROPOSAL CERTIFICATION form

1. ACKNOWLEDGEMENT of SOLICITATION ADDENDA: Contractor acknowledges that it incorporates the following solicitation addenda in its offer and this contract:

Addendum # Date Addendum # Date Addendum # Date

2. SMALL BUSINESS ENTERPRISE (SBE) CERTIFICATION: Is your firm SBE-certified as defined by the solicitation “Instruction to Offerors” section? Yes No (Select one) If ‘Yes’, have you included your certification document? Yes No (Select one) NOTE: If you do not submit the SBE Certification document with your bid, County will not apply the SBE Preference. 3. BID/OFFER CERTIFICATION: CONTRACTOR LEGAL NAME: BUSINESS ALSO KNOWN AS: MAILING ADDRESS: CITY/STATE/ZIP: REMIT TO ADDRESS: CITY/STATE/ZIP: CONTACT PERSON NAME/TITLE: PHONE: FAX: CONTACT PERSON EMAIL ADDRESS: EMAIL ADDRESS FOR ORDERS & CONTRACTS: CORPORATE HEADQUARTERS ADDRESS: WEBSITE: By signing and submitting these proposal documents, the undersigned certifies that they are legally authorized to represent and bind Contractor to legal agreements, that all information submitted is accurate and complete, that Contractor has reviewed the Pima County Procurement website for solicitation addenda and has incorporated all such addenda to its offer, that Contractor is qualified and willing to provide the items requested, and that Contractor will comply with all requirements of the solicitation. Conditional offers that modify the solicitation requirements may be deemed not ‘responsive’ and County may not evaluate them. Contractor’s submission of a proposal shall constitute a firm offer and upon the issuance of a MA document issued by the Pima County Procurement Director or authorized designee will form a binding contract that will require Contractor to provide the goods or services and materials described in this solicitation. The undersigned hereby offers to furnish the goods or services in compliance with all terms, conditions, specifications that the solicitation defines or references, which includes Pima County Standard Terms & Conditions, the Proposal Agreement. SIGNATURE: DATE: _____________ PRINTED NAME & TITLE OF AUTHORIZED CONTRACTOR REPRESENTATIVE EXECUTING OFFER

PHONE AND E-MAIL:


Attachment 2: Minimum Qualifications Verification form Page 1 of 1 Revised 5/13/17

ATTACHMENT 2:

MINIMUM QUALIFICATIONS VERIFICATION form (1 PAGE) OFFEROR’S NAME: Offeror certifies that they possess the following minimum qualifications and shall provide the requested documents that substantiate their satisfaction of the Minimum Qualifications. Failure to provide the information required by these Minimum Qualifications and required to substantiate responsibility may be cause for the Offeror’s proposal to be rejected as Non-Responsive. Provide documented and verifiable evidence that your firm satisfies the following Minimum Qualifications, and indicate what/if attachments are submitted.

ITEM NO.

MINIMUM QUALIFICATIONS COMPLIANCE

YES/NO (SELECT ONE)

1. Proposer certifies it is, or will be working with, a national bank, credit union, state-regulated financial institution.

□Yes

□ No

2. Proposer certifies program complies with all regulatory requirements for consumer bank loans.

□Yes

□ No

SIGNATURE: DATE: PRINTED NAME & TITLE OF AUTHORIZED OFFEROR REPRESENTATIVE EXECUTING PROPOSAL

END OF ATTACHMENT ‘2’


Attachment 3: Proposal Questionnaire form Page 1 of 8

ATTACHMENT 3: QUESTIONNAIRE form

OFFEROR’S NAME: Offeror’s Answers to the questions contained herein should be in the form of a through narrative. The evaluation panel will evaluate the narratives along with required supporting materials and award points accordingly. The evaluation committee will assign points to each proposal submitted on the basis of the evaluation criteria unless otherwise indicated. A. Terms (0 to 40 points)

Below are fourteen (14) questions, A1 – A14. Provide detailed responses in the space indicated by Answer. Space for each Answer will automatically adjust and should not exceed two (2) full pages – excluding attached supporting documents. Indicate in Answer if supporting documents are attached, i.e. sample report, application, marketing materials, loan paperwork etc. Be sure to clearly cite the title of the attached document in the Answer and ensure the exact title is clearly marked on the attached document. A.1 Provide the interest rate for the program(s). This must include the maximum annual percentage rate charged for any employee and methodology for determining the interest rate, if this will vary. NOTE: Program(s), associated interest rates and fees must be listed on the Sample Contract Exhibit B: Compensation and Payment form.

Answer:

A.2 Explain any and all fees that are the responsibility of the employee, including any origination, application fees, processing fees, late fees, etc. NOTE: Program(s), associated interest rates and fees must be listed on the Sample Contract Exhibit B: Compensation and Payment form.

Answer:

A.3 Explain the minimum qualifications for an employee to secure a loan. Specifically address: a. Tenure, b. Salary, c. Other financial obligations of the employee, including garnishments

Answer:

A.4 Explain loan details, by responding specifically to questions a – j. a. Maximum amount of the loan.

Answer:

b. The length/timeframe of the loan.

Answer:

c. Time period in which the loan request is accepted or rejected.

Answer:

d. Accessibility/ restrictions of loan application process. (days/ hours)

Answer:

e. Process for applying. (in person, via internet, etc.)

Answer:

f. Repayment terms, including the ability to prepay the full amount without penalty via. (payroll deduction or online or

other method)

Answer:

g. Loan repayment and termination process. (payroll deduction, etc.)

Answer:

h. Any banking requirements. (any precondition of use of specific banks or other financial institutions)

Answer:



i. Frequency of loans.

Answer:

j. Any reasons an employee can be denied a loan.

Answer:

k. Describe any other limitations.

Answer:

A.5 Affirm that there is no prepayment penalty, and describe any other features to encourage principle reduction.

Answer:

A.6 Explain if there is a lower interest rate adjustment based on an employee’s credit rating.

Answer:

A.7 Explain how your program can ensure that the loan cannot exceed 20 percent of the employee’s annual take home pay.

Answer:

A.8 Explain the process for the employee to apply for a loan. Include a copy of the application, time for processing, and any other relevant details for securing the loan.

Answer:

A.9 Explain any and all privacy and security features.

Answer:

A.10 Explain how the program complies with all relevant state and federal Civil Rights laws, policies, and guidelines.

Answer:

A.11 Explain any services/accommodations you provide for employees who have visual or hearing impairments.

Answer:

A.12 Include all relevant marketing materials and loan paperwork including, application process, legal documents, etc.

Answer:

A.13 Explain any other financial tools or services that are available to participating employees.

Answer:

A.14 Describe what information is reported back to the County, including frequency, format, etc.

Answer:

End of A: Terms



B. Program Implementation and Management Plan (0 to 20 points) Below are four (4) questions, B.1 – B.4. Provide detailed responses in the space indicated by Answer. Space will automatically adjust and should not exceed two (2) full pages – excluding attached supporting documents. Indicate in Answer if supporting documents are attached, i.e. sample report etc. Be sure to clearly cite the title of the attached document in the Answer and ensure the exact title is clearly marked on the attached document. B.1 Describe any and all obligations of Pima County to participate in this loan program, including the program’s implementation plan and the responsibilities of County staff by responding specifically to questions a – j. a. What is the set-up process?

Answer:

b. Transmittal process for eligibility and other files.

Answer:

c. Technical requirements for interface with ADP system.

Answer:

d. Payroll deduction system including measures to ensure no overpayment, etc.

Answer:

e. Expectations of reporting.

Answer:

f. Requirements of employee information: Provide sample application forms and loan agreements (both online and print materials). Address how application forms made available to employees? Are forms accessible on-line, hardcopy? Can employees apply in person, via internet? What are the guidelines on the number of loans an employee can have, the total amount that can be borrowed, and whether loans can be consolidated? Are there any specific requirements for loan application process (days, hours, locations, etc.). What is the time period in which the loan request is processed and accepted or rejected after application is submitted. Include detailed protocols for communication with borrowers, including reminders, customer support, program marketing etc.

Answer:

g. Platforms required for interfacing and sharing data.

Answer:

h. Any technological requirements? Describe how the system protects the privacy and security of employees, including state-of-the-art standards for the secure transmittal and maintenance of employee data. Answer:

i. Any legal requirements? Describe how compliance with all applicable laws and regulations will be achieved.

Answer:

j. Required staff training?

Answer:

B.2 Describe processes for grievances and complaints, default and termination.

Answer:

B.3 Ancillary Services: Describe any ancillary services for employees such as a savings component, budgeting workshops, mobile applications to help manage personal finances, financial counseling services. Are these services provided to all employees or limited to borrowers?



If any of these services are provided by your program please include the value of services provided at no cost as well as a value for any partial support provided towards these services if they are not paid for in full. If any fees are charged for such services, please specify amount of such fees in the Answer below. NOTE: All Ancillary Services and costs must also be listed on Exhibit B: Compensation and Payment.

Answer:

B.4 What type of accommodations are available for employees with disabilities/special needs, and accessibility features, such as multiple modes for borrowers to obtain information?

Answer:

End of B: Program Implementation and Management Plan



C. Company Experience (0 to 10 points) Below is one (1) question, C.1. Provide a detailed response in the space indicated by Answer. Space will automatically adjust and should not exceed four (4) full pages – excluding attached supporting documents. Indicate in Answer if supporting documents are attached, i.e. sample report, testimonials, references, resume. Be sure to clearly cite the title of the attached document in the Answer and ensure the exact title is clearly marked on the attached document. C.1 Detail your firm’s experience administering loan programs. Describe any employee loan programs administered; list the employers you’ve partnered with. Please include number of programs administered, number of years’ experience, types of employers, types and numbers of borrowers served, references and testimonials from borrowers and employer partners.

Answer:

End of C: Company Experience



D. Company Qualifications (0 to 15 points)

Below are two (2) questions, D.1 and D.2. Provide detailed responses in the space indicated by Answer. Space will automatically adjust and should not exceed two (2) full pages – excluding attached supporting documents. Indicate in Answer if supporting documents are attached, i.e. sample report, financial statements, resume. Be sure to clearly cite the title of the attached document in the Answer and ensure the exact title is clearly marked on the attached document. D.1 Provide details about your firm by responding to questions a – c. a. Type of financial institution and regulatory status, such as FDIC, NCUA, Federal Reserve or OCC oversight.

Answer:

b. Litigation history:

Answer: Complete Attachment 4: Litigation History form and submit as part of proposal. Make copies, if needed.

c. Financial history and stability, including last two years of financial statements and audits. Submit only one copy of

financial statements and audits with original proposal.

Answer:

D.2 Are other key financial or legal partners, detail their same information and explain the partnership structure.

Answer:

End of D: Company Qualifications



E. Loan Program(s) Performance (0 to 14 points) Below is one (1) question, E.1. Provide a detailed response in the space indicated by Answer. Space will automatically adjust and should not exceed two (2) full pages – excluding attached supporting documents. Indicate in Answer if supporting documents are attached, i.e. sample report, resume. Be sure to clearly cite the title of the attached document in the Answer and ensure the exact title is clearly marked on the attached document.

E.1 Provide projected metrics and past actual performance for:

1. Number of loans made per year 2. Total amount loaned per year 3. Repayment rate and default rate

Answer:

End of E: Loan Program(s) Performance



F. Sustainability (1 point)

In accordance with BOS Resolution 2007-84, Pima County values and encourages sustainable practices. Please CHECK which of the following your business incorporates:

Your Company philosophy and/or policies on waste prevention, reduction, recycling and/or reuse of your Company’s material resources. If you have an established Company Environmental Policy, you may attach in addition to your response to this item.

Utilization of alternative energy such as solar or wind energy, and use of bio-diesel or other alternative fuels in support of your Company’s energy needs.

Utilization of environmentally preferable materials in your Company’s operations, including purchase of locally produced/manufactured products to minimize transport.

Your internal office practices that lessen impact on non-renewable resources and global climate change (reduction in water, energy, or paper use, minimization of hazardous materials use, compressed or flexible work week schedules, etc.)

Any other elements of your Company for the County’s consideration that may fall within the definition of sustainable practice. Such elements include but are not limited to: resource extraction and manufacturing processes utilized; distance and type of transportation required; life-cycle costs; amount of waste generated; the recyclable content of the product, the product’s capacity to be recycled or reused, and the product and packaging “take-back” policies of the manufacturer or distributor; energy and water efficiency; socioeconomic benefits to Pima County which may include preference to firms that are located within Pima County.

SIGNATURE: DATE: PRINTED NAME & TITLE OF AUTHORIZED OFFEROR REPRESENTATIVE EXECUTING PROPOSAL

END OF ATTACHMENT ‘3’


Attachment 4: Litigation History form Page 1 of 1

ATTACHMENT 4 LITIGATION HISTORY FORM

The completed form(s) should be returned with the Vendor’s submittal. Make copies as necessary. □ There are no material cases for this Vendor; or

□ Material Case(s) are disclosed below:

Is this for a: (check type) □ Parent, □ Subsidiary, or □ Predecessor Firm?

If yes, name of Parent/Subsidiary/Predecessor:

Or No □

Party

Case Number, Name, and Date Filed

Name of Court or other tribunal

Type of Case Bankruptcy □ Civil □ Criminal □ Administrative/Regulatory □

Claim or Cause of Action and Brief description of each Count

Brief description of the Subject Matter and Project Involved

Disposition Case (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment.)

Pending □ Settled □ Dismissed □

Judgment Vendor’s Favor □ Judgment Against Vendor □

If Judgement Against, is Judgment Satisfied? Yes □ No □

Opposing Counsel Name:

Email:

Telephone Number:

pima county notice of request for proposals...

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