230177-CONTRACT-ARBOR E&T, LLC DBA EQUUS WORKFORCE SOLUTIONS.DOCX
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CONTRACT SUMMER YOUTH WORKFORCE PROGRAM
230177-RFP
This contract is entered into this 28th day of June, 2023 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Arbor E&T, LLC dba Equus Workforce Solutions, a
Kentucky corporation (“Contractor”), for the purchase of services to develop, implement, and operate a
Summer Youth Workforce Program for eligible youth (participants), ages 16 through 21 years old, from
cities and towns throughout Maricopa County, whereby participants are placed into employment
opportunities in designated in-demand industries in Maricopa County for Summer 2024.
1.0
CONTRACT TERM
Services for Summer 2024 shall begin by the 1st day of February 2024 and end no later than the
30th day of September, 2024.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, extend the contract on a
month-to-month basis. The Contractor shall be notified in writing by the Office of Procurement
Services of the County’s intention to extend the contract term at least 30 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
POST AWARD MEETING
The contractor may be required to attend a post-award meeting with the department to discuss the
terms and conditions of this contract. This meeting will be coordinated by the procurement officer of
the contract.
5.0
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.
SERIAL 230177-RFP
6.0
PAYMENTS
6.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A – Vendor Information and Itemized Service
Budget.
6.2
The contractor shall be paid on a cost reimbursement basis for services performed and
work completed at time of billing. County will only reimburse for those costs that are based
upon submitted complete and proper documentation.
6.3
Funds shall be disbursed as repayment of costs for work performed on or after the effective
date of the contract and before the expiration date of the contract.
6.4
Funding is contingent upon the availability of funds. If any action is taken by any state
agency, federal department or any other agency or instrumentality to suspend, decrease,
or terminate its fiscal obligation under, or in connection with the contract, the County
may amend, suspend, decrease or terminate its obligations under or in connection with
the contract. In the event of termination, the County shall, disburse funds for eligible
expenses for work performed prior to the effective date of the termination. The County shall
give written notice of the effective date of any suspension, amendment, or termination
under this section at least ten calendar days in advance.
6.5
County will reimburse the contractor on a net “0” payments standard.
6.6
Payment shall be made upon the County’s receipt of a properly completed invoice.
6.7
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
that is accessible from the County Department of Finance Vendor Registration Website
https://www.maricopa.gov/5169/Vendor-Information.
6.8
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.
7.0
INVOICES
7.1
The contractor shall submit an invoice via email on or before the ninth business day of the
month following the month, or portion thereof, service delivery was provided. Invoicing not
received within 45 days following the last day of the service month may result in forfeiture
of payment for services related to that invoicing cycle.
7.2
Subject to the availability of funds, the department will, upon the date of receipt of an
accurate invoice and supporting documents enumerated in the contract, process and remit
to the contractor payment of service provision or work performance.
7.3
Should there be a disallowance in an invoice, the invoice shall be processed for the
reduced amount. If the contractor protests the amount or the reason for a disallowance,
contractor shall address their protest, in writing, with the department. Should the contractor
and the department be unable to resolve the protest, the department will forward the protest
to the Maricopa County Office of Procurement Services for resolution.
7.4
The contractor shall ensure the final fiscal year invoice shall be submitted no later than the
ninth business day of the month following the month services delivery was provided to
ensure payment is processed on a timely basis.
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7.5
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
•
Total amount due
7.6
Problems regarding billing or invoicing shall be directed to the department as listed on the
purchase order.
8.0
APPLICABLE TAXES
8.1
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.
8.2
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 any overpayments back to the County for miscalculations on taxes
included in a bid price.
8.3
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 a municipality 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).
9.0
AVAILABILITY OF FUNDS
9.1
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.
SERIAL 230177-RFP
9.2
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.
10.0
DUTIES
10.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
10.2
Contractor shall serve participants from cities and towns throughout Maricopa County with
an emphasis on enrolling participants outside of the City of Phoenix area (including, but
not limited to: Avondale, Buckeye, Chandler, Gilbert, Glendale, Goodyear, Mesa, Peoria,
Queen Creek, Surprise, Tempe, Wickenburg and, and their surrounding areas).
10.3
Contractor shall implement and operate the workforce placement phase of the program for
the following service periods:
10.3.1
Summer 2023: Contractor shall implement and operate the Program so as to
ensure participants are engaged in a workplace experience with an in-demand
industry, as per the Scope of Work (SOW), for a minimum of four weeks and such
that Program participation shall end no later than August 25, 2023. Contractor shall
have pre-existing capacity for Program requirements as stated in the SOW.
10.3.2
Summer 2024: Contractor shall develop, implement, and operate the Program to
ensure participant workforce placement for the summer months of 2024 for a
minimum of four weeks and ending no later than the last Friday of August 2024.
Contractor’s program services (e.g., employer recruitment, participant recruitment,
and curriculum development) may take place outside of the summer months when
participants are in work placement.
10.4
Program services to include monitoring, reporting, and invoicing for the Program shall end
no later September 30th of the service year, or as extended by the County in writing.
10.5
At the discretion of the County, the expiration date of the contract may be extended.
10.6
Contractor shall work with the Human Services Department Workforce Development
Division staff (Program staff), local businesses, and community-based organizations to
develop summer work experience opportunities.
10.7
Contractor shall expose participants to various public, nonprofit, and private sector
industries to assist them in determining which industry would be most appropriate for
summer work experience opportunities.
10.8
Contractor shall provide participants with opportunities to develop goals and seek long term
employment.
10.9
Contractor shall ensure placement of participants in employment opportunities with the
County’s designated in-demand industries.
10.9.1
In-demand industries are determined by the Program and are subject to change
on a bi-annual cycle. In-Demand industries currently include:
10.9.1.1
Construction
10.9.1.2
Information Technology
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10.9.1.3
Healthcare and Social Assistance
10.9.1.4
Finance & Insurance
10.9.1.5
Transportation and Logistics
10.9.1.6
Advanced Manufacturing
10.9.2
Addition information regarding in-demand industries can be found at the Arizona
Commerce Authority at https://www.azcommerce.com/oeo/labor-market/.
10.10
Contractor shall determine participant eligibility and appropriate placement.
10.11
Contractor shall deliver a Program that includes the following components:
10.11.1 A proven participant recruitment strategy and enrollment plan that includes
targeted outreach to youth from various backgrounds and cultures, including, but
not limited to black, indigenous, and people of color (BIPOC), those residing in
high poverty census tracks, single parents, and those who have been
justice-involved.
10.11.1.1 Contractors providing services for Summer 2023, shall have an existing
participant enrollment strategy in place as indicated in the SOW.
10.11.2 A proven recruitment strategy for eligible employers, including a robust employer
engagement, vetting, and enrollment plan.
10.11.2.1 Contractors providing services for Summer 2023 shall have an existing
network of vetted employers from in-demand industries in place that are
willing to provide summer work experiences as indicated in the SOW.
10.11.3 Marketing, promotion, and recruitment through flyers, blogs, social media,
emails, and other forms of effective communication.
10.11.4 Subsidized parttime work experience opportunities with a contracted employer
providing services within an in-demand industry.
10.11.5 Development and delivery of job readiness and soft skills curriculum to prepare
youth for on-site work experience prior to and during placement. Workshops and
curriculum shall demonstrate an integration of topics including job readiness,
career exploration, and subsidized employment.
10.11.5.1 Contractors providing services for Summer 2023 shall have existing job
readiness and soft skills curriculum available at the beginning of
participant engagement with the Program.
10.11.6 Development of an individualized employment plan unique to each participant and
that considers the participant’s aptitude, skills, and goals.
10.11.7 A process for placement that matches eligible youth with employers based on
aptitude, interests, and skills, that will provide training opportunities in participant
field(s) of interest, and in line with participant skills and aptitude.
10.11.8 A system for issuing and tracking funding for work experience and support
services.
10.11.9 Regular monitoring of approved work sites.
10.11.10 Administration of payroll for participant wages.
10.11.11 A closure process that is able to track outcomes and refer participants to
Program staff when appropriate.
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10.12
PARTICIPANT ELIGIBILITY
10.12.1 All participants shall be 16 to 21 years of age.
10.12.2 Contractor shall coordinate short-term employment opportunities for the following
individuals:
10.12.2.1 In-school youth: An individual currently enrolled or in the process of
enrolling in school
10.12.2.2 Out-of-school youth: an individual who meets one or more of the
following eligibility requirements:
10.12.2.2.1 Has dropped out of school.
10.12.2.2.2 Is a recipient of a secondary school diploma or its
recognized equivalent who is a low-income individual
(federally designated poverty limit) or identified as an
English Language Learner by the Arizona Department of
Education
10.12.2.2.3 Currently or previously involved with the juvenile or youth
justice system
10.12.2.2.4 Is a homeless individual or runaway
10.12.2.2.5 Is in foster care or has aged out of the foster care system,
or who has attained 16 years of age and left foster care for
kinship guardianship or adoption, a child eligible for
assistance under Section 477 of the Social Security Act (42
U.S.C. 677), or an individual who is in an out of home
placement
10.12.2.2.6 Is pregnant or parenting
10.12.2.2.7 Is an individual with a documented disability
10.12.3 Contractor shall identify participants that are pursuing long term employment
opportunities post-completion of the Program and shall connect them to employers
seeking long term employees.
10.13
PROGRAM REQUIREMENTS
10.13.1 Contractor shall ensure the following:
10.13.1.1 Participants shall receive a minimum of $15.00 per hour while
participating in the Program, including while attending workshops and
during active work experiences. Wages above $15.00 per hour shall be
approved in advance in writing by the Program supervisor.
10.13.1.2 Participants that successfully complete the Program receive a $500
Stipend. Successful completion is defined as completing all workshops
and work placement hours established for the participant at the
beginning of their participation in the program. Contractor shall be
responsible for tracking participant completion of the Program.
10.13.1.3 Participants shall not be placed in a position where they are supervised
by an immediate family member.
SERIAL 230177-RFP
10.13.1.4 Work placement:
10.13.1.4.1 Is a minimum of 4 weeks
10.13.1.4.2 Does not exceed 20 hours of work a week (additional
Program offerings may take place outside of the 20-hour
work experience)
10.13.1.4.3 Is and remains in compliance with all Labor, Child Labor,
and Fair Labor laws.
10.13.2 Contractor shall
10.13.2.1 Develop individualized plans for each participant that to assist the
participant in identifying which opportunity is best suited to their skills,
aptitude, and goals;
10.13.2.2 Maintain a list of eligible employers that can provide participants with
summer employment opportunities.
10.13.2.3 Conduct worksite visits to evaluate appropriateness of participant
placement and meet with employer’s staff responsible for participants’
supervision when participant is engaged in employment activities.
10.13.2.4 Conduct worksite visits to monitor participants at the assigned worksites
10.13.3 Contractor shall ensure that employers:
10.13.3.1 Are licensed and in good standing with the Arizona Corporate
Commission
10.13.3.2 Provide a safe and healthy working environment that has been tailored
for participants such that the workplace is:
10.13.3.2.1 In compliance with all federal, state, and local regulations
including Americans with Disabilities Act and Child Labor
Laws and free of outstanding OSHA violations, and have a
safety policy
10.13.3.2.2 A drug free workplace and has a drug-free policy
10.13.3.2.3 A worksite free from any health and safety violations
10.13.3.2.4 A worksite free from discrimination in training or hiring
practices
10.13.3.2.5 Has an anti-discrimination policy
10.13.3.3 Provide participants with information and oversight, ensuring:
10.13.3.3.1 Availability of general worksite information
10.13.3.3.2 Worksite orientation is performed
10.13.3.3.3 Instructions are provided specific to training goals such as
work schedules and tasks
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10.13.3.3.4 Safety rules are provided and are readily available
throughout the Program, including those pertaining to work
attire, safety shoes, equipment, and tool use
10.13.3.3.5 Physical requirements such as standing, stooping, bending,
lifting or carrying are appropriate for the participant
10.13.3.3.6 Participant is given a sufficient quantity and quality of work,
ensuring training goals are being accomplished
10.13.3.3.7 Worksite supervision is in place at all times
10.13.3.3.8 Sufficient equipment and materials are available at all times
for the participant to carry out required activities
10.13.3.3.9 Attendance is strictly monitored and confirmed by worksite
supervisor
10.14
PARTICIPANT SUPPORT SERVICES
10.14.1 Contractors shall provide participants with supportive services to assist with
successful participation in the Program. Support Services may include:
10.14.2 Transportation costs
10.14.2.1 Reasonable accommodations for youth with disabilities
10.14.2.2 Childcare and dependent care costs
10.14.2.3 Purchase of uniforms or other appropriate work attire and work-related
tools, including such items as eyeglasses and protective eye gear
10.14.2.4 Other Program approved expenses required to allow for participation in
the Program and or/referrals for support services
10.14.2.5 Referrals, as needed, for example, referrals for legal aid services, health
care, and linkages to community and housing services.
10.15
INCIDENT REPORTING REQUIREMENTS
10.15.1 Contractor shall establish and maintain a reporting process in case of emergency
or incidents that may impact the program participants.
10.15.2 Contractor shall ensure mandatory reporting to Law Enforcement and/or Child
Protective Services is conducted pursuant to A.R.S. §13-3620 and shall report as
required by law, licensing regulations and agency policy (as applicable).
10.15.3 The contractor shall report to the Program supervisor, any incidents impacting the
health, safety and welfare of participants. The contractor shall complete a Program
Participant Incident Report (Exhibit C) and shall exclude identifying information if
report is provided to agencies or individuals not funded under the County contract.
10.15.3.1 The contractor shall contact the Program staff by phone no later than 30
minutes
after
knowledge
that
a
participant-related
significant
problem/injury incident has occurred.
10.15.3.2 Program Participant Incident Report (See Exhibit C). A written Program
Participant Incident Report shall be completed by the employer. All
incident reports must be legible and be signed by the employer who
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prepared the report. The completed report must be sent to the contractor
and Program supervisor as indicated below. The provider shall maintain
a file of written incident reports that are available for review by County
youth program staff.
10.15.3.2.1 The incident report shall be provided to the contractor no
later than 24 hours after an incident has occurred.
10.15.3.2.2 The incident report shall be provided by the contractor to the
Program supervisor no later than two business hours after
receipt of the report.
10.15.4 Significant Incidents. The contractor shall report participant-related significant
incidents (listed below).
10.15.5 The contractor shall report incidents to others (e.g., law enforcement, OSHA,
parents/guardians), as required by law and according to the provider’s policies and
procedures.
10.15.6 Health, Safety and Welfare Incidents. The contractor shall report all workplace
based incidents to the Program supervisor that have the potential to impact the
health, safety and welfare of participants in the Program.
10.15.7 Significant Incidents. The following are considered significant incidents:
10.15.7.1 Homicidal or suicidal attempt or threat with a plan
10.15.7.2 Physical assault (whether or not an injury occurs) to or by a participant
10.15.7.3 Medical treatment beyond first aid as a result of an injury while in a
contract service
10.15.7.4 Emergency room or urgent care visits
10.15.7.5 Request for emergency mental health stabilization provided by first
responders and/or crisis intervention teams
10.15.7.6 Sexual behavior involving staff and/or clients/youth (consensual or not)
10.15.7.7 Emergency safety response (ESR), locked seclusion and/or restraint
10.15.7.8 Weapons possession
10.15.7.9 Possession of any quantity of illicit drugs or alcohol or of medications
not prescribed to the participant
10.15.7.10 Run-away youth
10.15.7.11 Acts by participants or staff where the contractor has had to involve law
enforcement
10.15.7.12 Self-harming behavior (with or without injury)
10.15.7.13 Reported acts of inappropriate discipline and/or inappropriate behavior
management involving clients by staff
10.15.7.14 Traffic accidents involving participants transported by the provider, it’s
personnel, transport contractor, volunteers, or interns
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10.15.8 On behalf of the County, the Program supervisor shall take the following steps
response to incident reports or complaints and upon notification of an incident:
10.15.8.1 Review the written information to determine if the incident requires
investigation. The Program supervisor may direct the contractor to
initiate an internal review and/or request additional information and/or
require specific action.
10.15.8.2 If an employer’s actions are such as to warrant the concern, the Program
supervisor shall investigate further or forward the information to the
appropriate authorities.
10.15.8.3 If the Program supervisor is not satisfied with the employer’s response
to an incident, the Program supervisor may take any appropriate action.
10.16
PROGRAM PERFORMANCE MEASURES
10.16.1 The Maricopa County Human Services Department retains the right to establish
performance measures as they relate to the Program.
10.16.2 Contractor shall be responsible for demonstrating their fulfillment of the following
performance indicators both at implementation and at the conclusion of the
Program:
10.16.2.1 Employment Opportunities: Network of approved employers willing and
able to provide employment opportunities to eligible youth.
10.16.2.2 Work Experience Placement:
10.16.2.2.1 Number of eligible participants placed or being placed into
a successful work experience opportunity with an approved
employer.
10.16.2.2.2 Number of eligible participants that have not been placed
into a successful work experience opportunity.
10.16.2.3 Reporting: As outlined in Reporting and Record Keeping section, data
collection and the ability to provide clear concise reports containing the
information requested.
10.17
REPORTING AND RECORD KEEPING
10.17.1 The contractor shall be responsible for maintaining records of receipts and
expenditures, participants served, services provided, and locations for all activities
performed.
10.17.2 Contractor shall provide the following on a weekly basis:
10.17.2.1 Participant information:
10.17.2.1.1 Number enrolled
10.17.2.1.2 Number placed with employers
10.17.2.1.3 Demographic information
10.17.2.2 Amounts expended in Youth Wages
10.17.2.3 Amounts expended in Support Services
10.17.2.4 Names of employers participating in Program
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10.17.2.5 Types of employment/training opportunities provided to participants
10.17.2.6 Running account of the indirect and direct costs for the Program
10.17.3 The Program reserves the right to request additional reports as needed.
10.17.4 All records must be maintained in an accurate and organized manner and kept in
a secure location.
10.18
CONFIDENTIALITY OF CLIENT INFORMATION
10.18.1 The contractor, it’s personnel, volunteers, interns, and subcontractors, unless
otherwise exempt, shall adhere to all federal, state and local laws regarding
confidentiality including, but not limited to the Health Insurance Portability and
Accountability Act (HIPAA) Pub. L. No. 1-4-191 (1996) and regulations
promulgated there under.
10.18.2 Personally Identifiable Information (PII) is any data that could potentially identify a
specific individual. Contractors shall ensure information containing participants’ PII
is only transmitted securely via electronic method.
10.18.3 Prohibition. Contractors and employers, personnel, subcontractors, volunteers and
interns shall not divulge or release information about any participant to anyone
without a court order, except to the Program staff as indicated in the contract, or
anyone authorized by the Program staff. Violation of this paragraph or applicable
law shall constitute grounds to terminate the contract.
10.18.4 Release Authorization. Release of records containing participant information
requires a signed authorization/release form executed in accordance with current
state licensing and federal standards. All release authorization forms shall be
maintained by the contractor and indicate the person or agency to receive the
information, the specific information to be released, and the expiration date or
event that will trigger the expiration date of the release, and shall be signed by the
participant and the participant’s parent, guardian, or designated representative.
Release forms shall meet all federal and state requirements, as applicable and
including, but not limited to, 42 CFR Part 2 and 45 CFR 164.508. Unless the entity
is otherwise exempt, disclosures must be accounted for within 45 CFR 164.528.
10.18.5 Record Dissemination. Except for the Program staff, the contractor shall refer
persons requesting records or written documentation containing participant
information relating to this contract to Program staff. The contractor shall maintain
release authorization forms to track the dissemination of information in each
participant’s record, except for the release of record to the Program staff.
10.18.6 Research Data. Notwithstanding any other provision of this agreement, the
provider shall not provide to anyone other than Program staff any information,
including information about clients in any form, for research purposes without the
prior written approval of Program staff. The contractor shall refer any requests for
such information to the contract officer and such requests shall be in writing.
Approval shall be within the discretion of the contract officer.
10.18.7 Subpoenas. If the contractor receives a subpoena requesting records relating to a
program participant(s), the contractor shall immediately notify and deliver the
subpoena to Program staff.
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10.19
FINANCIAL REPORTING
Contractors shall maintain a financial account of financial activities related to the contract
and shall provide a financial statement reporting in U.S. dollars of all expenditures of
County awarded funds and any income earned on those funds. The financial statement
should include County funds received and expended under this contract during the period
covered by the report. The financial statement will be prepared from books and records
maintained on a fund accounting (cash) basis. Only expenditures made in support of the
contract purposes should be charged against the contract, and records should be
maintained of such expenditures made in support of the contract adequate to enable the
auditing of such funds on a quarterly basis.
10.20
FINANCIAL MANAGEMENT
10.20.1 Contractors shall maintain a financial management system that meet the following
standards:
10.20.1.1 Financial reporting: Accurate, current, and complete disclosure of the
financial results of financially assisted activities must be made in
accordance with the financial reporting requirements of the agreement.
10.20.1.2 Accounting records: The contractor must maintain records which
adequately identify the source and application of funds provided for
financially assisted activities. These records must contain information
pertaining to the contract and authorizations, obligations, unobligated
balances, assets, liabilities, outlays or expenditures, and income.
10.20.1.3 Internal control: The contractor shall maintain effective control and
accountability for all contract cash, real and personal property, and other
assets. The contractor must adequately safeguard all such property and
must assure that it is used solely for authorized purposes.
10.20.1.4 Budget control: The contractor must maintain actual expenditures or
outlays compared with budgeted amounts for the contract. Financial
information must be related to performance or productivity data,
including the development of unit cost information whenever appropriate
or specifically required in the contract. If unit cost data is required,
estimates based on available documentation will be accepted whenever
possible.
10.20.1.5 Allowable cost: The contractor must use applicable 2 C.F.R. Part 200
cost principles, agency program regulations, and the terms of the
contract will be followed in determining the reasonableness, allowability,
and allocability of costs.
10.20.1.6 Source documentation: Accounting records must be supported by such
source documentation as cancelled checks, paid bills, payrolls, time,
and attendance records, contract, and subcontract documents, etc.
10.20.1.7 Documentation regarding receipt of purchases.
10.21
PROGRAM MONITORING AND EVALUATION
10.21.1
County staff will monitor the contractor’s compliance with, and performance
under, the terms and conditions of the contract.
10.21.2
Contractor staff will monitor the Employers’ compliance with employment
conditions.
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10.21.3
The contractor shall make available for inspection and/or copying by the
department's monitoring of all records and accounts relating to the work
performed or the services provided under the agreement.
10.21.4
Contractor shall be monitored for fiscal, program delivery, and contract
compliance annually or more often as needed.
10.21.5
Monitoring shall occur during the sub-recipient’s normal business hours,
announced or unannounced.
10.21.6
Contractors found to be deficient in any area shall receive written notification of
findings and required corrective actions. Contractor shall provide a written
response outlining corrective actions and steps to ensure findings are corrected
and resolved in an acceptable timeframe to preclude future issues.
10.21.7
Contractor shall be responsible for regularly monitoring worksites for those
Participants that are engaged in work experience activities.
10.21.8
The County will request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
10.21.8.1
Financial Management 2 C.F.R. § 200.302
10.21.8.2
Internal Controls 2 C.F.R. § 200.303
10.21.8.3
Bonds 2 C.F.R. § 200.304
10.21.8.4
Payment and Financial Reporting 2 C.F.R. § 200.305
10.21.8.5
Cost Sharing or Matching 2 C.F.R. § 200.306
10.21.8.6
Program Income 2 C.F.R. § 200.307
10.21.8.7
Revision of Budget and Program Plans 2 C.F.R. § 200.308
10.21.8.8
Period of Performance 2 C.F.R. § 200.309
10.21.8.9
Insurance Coverage 2 C.F.R. § 200.310
10.21.8.10 Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
10.21.8.11 Procurement Standards 2 C.F.R. § 200.318
10.21.8.12 Indirect Costs 2 C.F.R. § 200.414
10.21.8.13 Compensation-Personal Services 2 C.F.R. § 200.430
10.21.8.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517
10.21.9
The contractor, as a subrecipient of 21.027 Assistance Listing Number (ALN)
American Rescue Plan Act Coronavirus State and Local Fiscal Recovery
Funds, shall be in compliance and remain in compliance throughout the term of
the contract with 2 CFR 200. The contractor shall indicate compliance and provide
as part of proposal submission using Attachment H - Certificate of Compliance
with 2 CFR 200.
10.21.10
The contractor may be monitored for fiscal, program delivery and contract
compliance.
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10.21.11
The contractor shall reimburse the County for any and all uses of American
Rescue Plan Act of 2021, H.R. 1319 (ARPA) funds in the event that the federal
government determines the use did not comply with the ARPA laws, rules, and
guidelines. The intent of the parties is that the contractor will reimburse the
County within a timeframe that allows the County to use the reimbursed funds
to refund the money to the U.S. Department of the Treasury, as required by
the ARPA.
11.0
TERMS AND CONDITIONS
11.1
INDEMNIFICATION
11.1.1
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 of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable relating to the performance of this contract.
11.1.2
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.
11.1.3
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.
11.1.4
The scope of this indemnification does not extend to the sole negligence of County.
11.2
INSURANCE
11.2.1
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.
11.2.2
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.
11.2.3
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,
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or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
11.2.4
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
11.2.5
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.
11.2.6
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.
11.2.7
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.
11.2.8
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.
11.2.9
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.
11.2.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
11.2.9.2
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.
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11.2.9.3
Workers’ Compensation
11.2.9.3.1
Workers’ compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
11.2.9.3.2
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.
11.2.9.4
Sexual Molestation and Physical Abuse
The policy shall be endorsed to include coverage for sexual molestation
and physical abuse at limits not less than $2,000,000.00 per occurrence
and $4,000,000.00 aggregate. These limits may be included within a
General Liability policy, Professional Liability policy or provided by
separate endorsement with its own limits as required. Contractor must
provide the following statement on their Certificate(s) of Insurance:
“Sexual molestation and physical abuse coverage is included.”
Policies/certificates stating that “Sexual molestation and physical abuse
coverage is not excluded” do not meet this requirement.
11.2.10 Certificates of Insurance
11.2.10.1 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.
11.2.10.2 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.
11.2.10.3 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.
11.2.10.4 Certificates of Insurance shall identify Maricopa County as the certificate
holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
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11.2.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to 301 W.
Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer
noted in the solicitation.
11.3
FORCE MAJEURE
11.3.1
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.
11.3.1
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.
11.3.2
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.
11.4
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.
11.5
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
11.6
INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
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11.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
11.8
PURCHASE ORDERS
11.8.1
County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
11.8.2
Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
11.9
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
11.10
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
11.11
STOP WORK ORDER
11.11.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
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:
11.11.1.1 cancel the stop work order; or
11.11.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
11.11.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
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modified, in writing, accordingly, if the Contractor demonstrates that the
stop work order resulted in an increase in costs to the Contractor
11.12
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
11.13
TERMINATION FOR DEFAULT
11.13.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
11.13.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
11.13.1.2 make progress, so as to endanger performance of this contract; or
11.13.1.3 perform any of the other provisions of this contract.
11.13.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
11.14
ACCEPTANCE
Upon completion of services, service delivery shall be deemed accepted and the warranty
period shall begin when the department has deemed all service/work completed, including
but not limited to, any inspection, design, development, deployment, operation, and initial
training, (as applicable). Additionally, all documentation shall be completed prior to final
acceptance.
11.15
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.
11.16
CONTRACTOR EMPLOYEE MANAGEMENT
11.16.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
11.16.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
11.16.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
11.16.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
11.16.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
11.16.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
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11.17
WARRANTY OF SERVICES
11.17.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications, and
attachments made a part of this contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
11.17.2 In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
11.18
INSPECTION OF SERVICES
11.18.1 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.
11.18.2 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.
11.18.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
11.18.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
11.18.3.2 reduce the contract price to reflect the reduced value of the services
performed.
11.18.4 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:
11.18.4.1 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
11.18.4.2 terminate the contract for default.
11.19
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.
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11.20
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.
11.21
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.
11.22
SUBCONTRACTING
11.22.1 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.
11.22.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
11.23
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.
11.24
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.
11.25
RIGHTS IN DATA
11.25.1 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.
11.25.2 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.
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11.26
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
11.26.1 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.
11.26.2 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.
11.27
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.
11.28
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.
11.29
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.
11.30
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.
11.31
RELATIONSHIPS
11.31.1 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.
11.31.2 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.
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11.32
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)
11.33
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.
11.34
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
11.34.1 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:
11.34.1.1 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;
11.34.1.2 have not within a three-year period preceding this contract:
11.34.1.2.1
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
11.34.1.2.2
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;
11.34.1.3 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;
11.34.1.4 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
11.34.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
SERIAL 230177-RFP
11.34.2 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.
11.34.3 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.
11.35
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
11.35.1 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.
11.35.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.35.1 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.
11.36
CONTRACTOR Employee WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
11.36.1 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.
11.36.2 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.
11.36.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year
2018).
SERIAL 230177-RFP
11.37
CONTRACTOR LICENSE REQUIREMENT
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.
11.38
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.
11.39
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into a 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.
11.40
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
11.41
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.
11.42
EQUAL EMPLOYMENT OPPORTUNITY
11.42.1 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.
11.42.2 Contractor shall comply with the following provisions:
11.42.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
11.42.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
11.42.2.3 The Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);
SERIAL 230177-RFP
11.42.2.4 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.
11.42.2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
11.43
CERTIFICATION REGARDING LOBBYING
11.43.1 Contractor certifies, to the best of their knowledge and belief, that:
11.43.1.1 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.
11.43.1.2 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.
11.43.2 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.
11.43.2.1 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.
11.44
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).
11.45
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).
SERIAL 230177-RFP
11.46
INFLUENCE
11.46.1 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.
11.46.2 An attempt to influence includes, but is not limited to:
11.46.2.1 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.
11.46.3 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.
11.47
CONFIDENTIAL INFORMATION
11.47.1 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.
11.47.2 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.
11.47.3 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.
11.48
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
SERIAL 230177-RFP
11.49
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.
11.50
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.
11.51
FORCED LABOR
11.51.1 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.
11.51.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
11.51.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
11.51.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
11.51.2.3 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.
11.51.3 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.
11.52
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.
11.53
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.
11.54
INCORPORATION OF DOCUMENTS
11.54.1 The following are to be attached to and made part of this Contract:
11.54.1.1 Exhibit A – Vendor Information and Itemized Service Budgets
11.54.1.2 Exhibit B – Scope of Work
11.54.1.3 Exhibit C – Program Participant Incident Report
SERIAL 230177-RFP
11.54.1.4 Exhibit D – Office of Procurement Services Contractor Travel and Per
Diem Policy
11.55
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:
Arbor E&T, LLC dba Equus Workforce Solutions
9200 Shelbyville Road, Suite 210
Louisville, KY 40222
11.56
INQUIRIES
11.56.1 Administrative telephone/email inquiries shall be addressed to:
ELIZABETH KUTTNER, PROCUREMENT OFFICER
TELEPHONE: (602) 506-0099
elizabeth.kuttner@maricopa.gov
11.56.2 Inquiries may be submitted by telephone but must be followed up in writing. No oral
communication is binding on Maricopa County.
SERIAL 230177-RFP
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
ARBOR E&T, LLC DBA EQUUS WORKFORCE SOLUTIONS
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
SERIAL 230177-RFP
EXHIBIT A – VENDOR INFORMATION AND ITEMIZED SERVICE BUDGETS
COMPANY NAME:
Arbor E&T, LLC
DOING BUSINESS AS (dba):
Equus Workforce Solutions
MAILING ADDRESS:
9200 Shelbyville Road, Suite 210, Louisville KY, 40222
REMIT TO ADDRESS:
Same as above
TELEPHONE NUMBER:
502-630-7307
FAX NUMBER:
502-812-1059
WWW ADDRESS:
www.equusworks.com
REPRESENTATIVE NAME:
Nicole Ganier
REPRESENTATIVE TELEPHONE NUMBER:
818-858-2750
REPRESENTATIVE EMAIL ADDRESS
Nicole.Ganier@EquusWorks.com
UNIQUE ENTITY ID (UEI) FROM SAM.GOV
MSYFSPW9KMD3
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 0 DAYS
ITEMIZED SERVICES BUDGET
SERVICES BUDGET FOR CONTRACT PERIOD
IDENTIFY THE PROGRAM YEAR (Summer 2024):
Summer 2024: Feb 2024-Sept 2024
(8 months)
CONTRACT SERVICE:
Summer Youth Workforce Program
RESPONDENT
:
Arbor E&T, LLC dba Equus
Workforce Solutions
TOTAL
SERVICE
COST
COUNTY
COST
I.
PERSONNEL
Total Salary
% Allocated
TOTAL
COUNTY
Number
of
Positions
FTE Level
Position Title
for the
Contract
Period
Service for
MCHSD
COST
COST
1
1.00
Program Manager
$ 40,000.00
100.00%
$40,000.00
$40,000.00
1
0.20
Project Accountant
$ 10,400.00
20.00%
$10,400.00
$10,400.00
1
1.00
Talent
Development
Specialist
$ 30,000.00
100.00%
$30,000.00
$30,000.00
1
1.00
Talent
Development
Specialist
$ 30,000.00
100.00%
$30,000.00
$30,000.00
1
1.00
Talent
Development
Specialist
$ 30,000.00
100.00%
$30,000.00
$30,000.00
SERIAL 230177-RFP
1
1.00
Talent
Development
Specialist
$ 30,000.00
100.00%
$30,000.00
$30,000.00
5
TOTAL:
$170,400.00
$170,400.00
II.
EMPLOYEE RELATED EXPENSES
TOTAL
COUNTY
ITEM
BASIS
%
COST
COST
FICA
% of total
wages
7.65%
$13,036.00
$13,036.00
Federal
Unemployment
% of total
wages
0.15%
$252.00
$252.00
State
Unemployment
% of total
wages
0.14%
$239.00
$239.00
Medical
Benefits
% of total
wages
12.20%
$20,789.00
$20,789.00
Retirement
% of total
wages
3.00%
$5,112.00
$5,112.00
Workers
Compensation
% of total
wages
2.43%
$4,141.00
$4,141.00
Tuition
Reimbursement
% of total
wages
0.50%
$852.00
$852.00
TOTAL:
$44,420.52
$44,420.52
III.
PROFESSIONAL AND OUTSIDE SERVICES
TOTAL
COUNTY
ITEM
BASIS
%
COST
COST
Audit
Allocated % of
required annual
audit
% of revenue
0%
$1,062.64
$1,062.64
Payroll for staff
$3 per check x
16 checks x 6
positions
$249.60
$249.60
Quickbase
application
license
For program
tracking and
reporting
$40 per user
per month x 5.2
FTE
$1,664.00
$1,664.00
Microsoft
licenses
$14 per user
per month x 5.2
FTE
$582.40
$582.40
TOTAL:
$3,558.64
$3,558.64
V.
MATERIALS AND SUPPLIES
TOTAL
COUNTY
ITEM
BASIS
%
COST
COST
Outreach
$300 per month
$2,400.00
$2,400.00
Office Supplies
$390 per month
$3,120.00
$3,120.00
Transfer VR
Virtual reality
equipment for
youth work
simulation
$5,000.00
$5,000.00
TOTAL:
$10,520.00
$10,520.00
SERIAL 230177-RFP
VI.
OPERATING SERVICES
TOTAL
COUNTY
ITEM
BASIS
%
COST
COST
Travel
For Program
Manager
conference
attendance
Estimated
travel, lodging,
and meals
$1,412.00
$1,412.00
Mileage
For staff within
the county
Federal rate x
3200 miles per
month
$16,768.00
$16,768.00
Insurance
$5.97 per 1,000
of revenue
$3,172.00
$3,172.00
Cell phone stipend
$75 per month
x 5.2 FTE
$3,120.00
$3,120.00
Hot Spot
service
For mobile
internet access
for staff
$55 per month
x 5.2 FTE
$2,288.00
$2,288.00
Postage
$50 per month
$400.00
$400.00
Work experience wages
$15 per hour
estimated 120
hours per 100
youth
$180,000.00
$180,000
Work experience fringe
10.08% of
WEX wages
$18,144.00
$18,144.00
Payroll for WEX
$3 per week x
6 weeks x 100
youth
$1,800.00
$1,800.00
Transportation
Bus passes for
youth
$25 each x 100
youth
$2,500.00
$2,500.00
Child care
$200 per week
x 4 weeks x10
youth parents
$8,000.00
$8,000.00
Other support
services
Misc. uniforms
and other
allowable
supports
Estimated at
$50 x 100
youth
$5,000.00
$5,000.00
Client stipends
$500 x 100
youth
$50,000.00
$50,000.00
Work experience processing
5% of total
work
experience
costs
5%
$9,907.20
$9,907.00
TOTAL:
$302,511.18
$302,511.18
VII.
MISCELLANEOUS
TOTAL
COUNTY
ITEM
BASIS
%
COST
COST
Background checks
$55 x 7 checks
$385.00
$385.00
Staff professional development
$100 per
position x 6
$600.00
$600.00
Equipment for staff
$1,600 each x
5.2 FTE
$8,320.00
$8,320.00
Profit
$4,597.80 per
month
$29,388.06
$29,388.06
SERIAL 230177-RFP
TOTAL:
$38,693.06
$38,693.06
TOTAL
DIRECT
COST:
$570,103.39
$570,103.39
VIII.
INDIRECT
TOTAL
COUNTY
ITEM
BASIS
%
COST
COST
Indirect costs
% of total direct
costs
10.00%
$26,716.41
$26,716.41
TOTAL INDIRECT COST:
$26,716.41
$26,716.41
SUBTOTAL ADMIN (DIRECT)
COST:
$570,103.39
$570,103.39
TOTAL SERVICE COST:
$596,819.81
$596,819.81
SERIAL 230177-RFP
EXHIBIT B – SCOPE OF WORK
Agency name: Arbor E&T, LLC dba Equus Workforce Solutions
Employer ID/Tax ID number: 46-0508470
UEI number: MSYFSPW9KMD3
Agency physical address: 9200 Shelbyville Road, Suite 210 Louisville, KY 40222
Agency representative contact information: Nicole Ganier, Vice President of Operations Email:
Nicole.ganier@equusworks.com Mobile: 818-858-2750
Number of employees that will work on the Program: 5.2 FTE
Funding amount requested: $596,819.81
5.6.1.1.2
The proposal should include a detailed description of the program and services to be
provided under this contract to include service area, school district and/or region of the County.
Proposals should be all-inclusive, detailing respondent’s best offer.
Arbor E&T, LLC dba Equus Workforce Solutions (Equus) looks forward to continuing our long-standing
partnership with Maricopa County in applying the best practices learned with the development of
Maricopa’s One Stop Operator program as we adapt these efforts to fit the needs of the Summer Youth
Workforce Program. Since 1968, we have successfully operated workforce development programs,
providing youth programming since 1974. The provision of intentional career services to a range of target
populations is our focus across multiple federal and state funding streams. Our major programs include
Workforce Innovation and Opportunity Act (WIOA), Temporary Assistance for Needy Families (TANF),
Supplemental Nutrition Assistance Program (SNAP), Job Corps, childcare, disability determination and
recertification, DOL Industry Intermediary for Apprenticeships, COVID-19 support through non-
congregate housing, and other specialty programs targeted to assist specific populations. The goal is to
support and develop youth, so they become a pipeline for Maricopa County and surrounding area’s in-
demand sectors and grow the vetted talent pool allowing our regional workforce system to deliver the
most qualified and diverse applicant pool ready to participate in the labor force.
Our programs in Maricopa County are successful through the use of extensive local partner networks,
which we utilize to provide resources and wraparound services to participants, particularly those of the
target populations. Our proactive approach to outreach has expanded our reach into communities of
color, immigrant, and refugee populations, and under resourced communities. Our innovative practices
have enhanced staff capacity and the services offered to the community.
Equus’ core strategies of performance, leadership, innovation, and collaboration are in alignment with
Maricopa County’s focus on economic mobility, business growth and recovery, and system change. This
foundation drives us to accept innovative programs and to nimbly adjust operational and program design
to exceed performance standards. Our “no-wrong-door,” customer-focused approach to universal access
within the community maintains a strong focus on Trauma-Informed Care; Diversity Equity, and Inclusion
(DEI); and wraparound philosophy to engage youth. This approach provides meaningful and relevant
access to services to all community members, offering a centralized access point to employment,
education, training, life skills, and support services.
5.3.1.1.4
Program goals, and a breakdown of Program costs.
The Equus implementation plan will consist of first developing a recruitment strategy in collaboration with
the local high schools, community youth organizations, community colleges, and existing WIOA partners,
and bridging the connection to employment by focusing on in-demand industries throughout Maricopa
County. Youth will be required to complete a needs assessment to determine program eligibility. Once
the assessment is complete, it is imperative to set clear objectives for both the youth and the employer.
One program goal is to provide training and work experience for young people, specifically focusing on
in- demand industries throughout the county. Ultimately, this will assist young people in developing
necessary skills and knowledge to perform their job duties well, while simultaneously providing a labor
force for local employers. Staff will also be there to offer mentorship and support throughout youth
employment, helping them to develop their skills and advance in their careers. During and upon
completion of the program, we will measure and evaluate results of the youth employment program to
determine its impact and identify areas for improvement. For this program to be most effective, we will
continuously improve the program based on feedback from participants, partners, and other stakeholders
to ensure it remains relevant and effective in meeting the needs of young people and employers in the
community.
SERIAL 230177-RFP
Program costs will encompass various components aimed at supporting the participation of 100 eligible
youth for WEX opportunities. These opportunities provide a minimum wage of $15 per hour for 120 hours.
Upon successful completion, each youth will receive a $500 stipend as recognition of their commitment
and achievement. Additional program costs include allowances for essential support services such as
transportation, childcare, uniforms, and other work-related expenses.
We propose the program timelines and milestones detailed in the table below:
Program Timeline and Milestones
ACTIVITY
Timeline
Recruit Employers: Work with local workforce to identify key employers in
02/2024 –
targeted industries. Make connections with employers and identify those willing
03/2024
and able to take on youth over the summer.
Recruit Youth: Begin marketing and recruit youth who are qualified and interested
02/2024 –
in working during the summer. Staff will visit localities outside the City of Phoenix,
04/2024
to identify youth in all of Maricopa County.
Milestone: Establish a list of 40 eligible employers who have been vetted and
meet requirements to serve as summer employers.
04/30/2024
First round of youth, up to 25, to be placed between May and June. Identify youth
05/2024 –
career interests and geographical location, then identify employers to match.
06/2024
Milestone: 25 youth enrolled and started summer work program.
06/30/2024
Remaining youth placed into Work Experience
07/2024
Work Experiences completed
08/2024 -
09/2024
5.6.1.1.5
To avoid duplicative use of federal funds, respondents are required to disclose the
sources of their operations funding. Respondents shall disclose their current fee structure for
members of the public seeking services, where applicable. This contract will not duplicate any
services that are already provided covered by other
state or federal funds.
Equus offers Maricopa County ongoing financial stability
and capacity. Our total expenditures for the period ending
Dec. 31, 2021, was $371.8 million and our systems and
process are commensurate with that scale. We are
supported by 52 years of experience in managing
contracted funds in accordance with Federal, State, and
local requirements. We have extensive experience
handling Federal, State, and local funding in accordance
with OMB Circulars, Federal Acquisition Regulations,
Sarbanes-Oxley, and Generally Accepted Accounting
Principles.
Our funding sources represent over 70 workforce projects,
many of which with grants over $100,000. We successfully manage and account for State and Federal Funds
from sources as shown in the table. The “Other” category includes contracts from local and State grants, as
well as Disability Determination, Reentry programs, etc.
To avoid duplicative use of funds, Equus’ staff maintains records based on the accrual method of
accounting, using the Oracle Accounting System for all accounting and fiscal reporting. All expenses are
tracked in Oracle, which integrates data between each program and our corporate office. Monthly reports
include income statements, balance sheets, and general ledgers. The Project Accountant prepares
invoices and financial reporting, ensuring any unallowable expenses are excluded, and that all costs are
assigned to the correct funding stream and line-items. Cash receipts and expenditures are identified
separately for each funding source and can be tracked to source documentation maintained for audit
purposes.
5.6.1.1.6
Respondent shall:
5.6.1.1.6.1 Indicate how many youth the respondent plans to serve.
2021 Equus Funding Sources
TANF
$97,561,630
26.24%
WIOA
$144,872,035
38.96%
SNAP/FSET
$6,281,968
1.69%
CHILDCARE
$23,389,936
6.29%
CARES
$74,180,865
19.95%
OTHER
$25,537,258
6.87%
Total
$371,823,692
100.00%
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Equus proposes to serve 100 youth throughout Maricopa County, specifically focusing on areas outside
of the City of Phoenix.
5.6.1.1.6.2 Provide a detailed outline of the respondent plans to recruit and enroll youth, ages 16 to 21
years old, into the Program; outline shall include timelines and milestones.
As a current Maricopa County provider, Equus will leverage our current partnerships with local high
schools, community colleges, universities, and vocational schools to advertise job opportunities and
recruit students for internships and/or entry-level positions. Our goal is to reach a larger pool of potential
candidates who may not have previously been aware of available job opportunities. Additionally, by
providing students with hands-on experience in their field of study, we can help them to develop the skills
they need to succeed in the workplace. Our outreach plan includes emphasis on launching social media
and texting campaigns with input from young adults, and to expand our reach into under-resourced
communities and priority populations. Targeted advertisements and in-person engagement opportunities
will also be utilized. We will also continue to build relationships with local businesses by making direct
connections and participating in community-based events.
To achieve maximum program outcomes, we will monitor and evaluate the recruitment plan to improve
future efforts. Our organization is data-driven and tracking metrics drives our program improvement. We
track data such as number of applicants, the time required to fill a position, and the quality of hires, to
ensure the effectiveness of the recruitment process. We will proactively work with and fully embrace the
strategic plan of Maricopa County to help youth accomplish their educational, training, and career goals.
Our proposed outline to recruit and enroll youth, to include timeline and milestones of proposed activities
can be found in the table on page two.
5.6.1.1.6.3 Describe plan to place participants in facilities that are geographically distributed throughout the
County, including ensuring participants have access to work placement via public
transportation.
Our proposed plan for participant placement involves strategically locating in facilities throughout the
county to ensure accessibility and maximize opportunities for participants. To engage and serve a larger
range of youth, we focus on minimizing barriers to access and receiving youth employment services by
mitigating transportation challenges. We will locate staff in facilities that are easily accessible via the local
public transportation system, as we recognize that having access to reliable transportation is paramount
to the success of the program. Our Maricopa County emphasis thus far has been on collaborating with
businesses in the East and West Valley region, located outside the City of Phoenix. Equus has established
relationships with local businesses, industries, and economic development agencies to build partnerships
with local businesses. Our Talent Development Specialists (TDS) work closely with Maricopa County
Business Services to identify employers throughout the county that are included in the targeted industry
sectors.
For the Summer Youth Workforce Program, we will prioritize areas where we currently actively recruit and
engage youth in our program, focusing on specific industry sectors that align with the interests and skills of
participants. This approach creates an environment conducive to fostering personal and professional
growth, maximizing program engagement, and ultimately leading to successful employment outcomes.
5.6.1.1.6.4 Provide a detailed outline of how the respondent plans to recruit and partner with employers
with whom participants will be placed, including a robust employer engagement, vetting, and
enrollment plan that indicates how many employers respondent intends to engage and in which
industries.
Collaboration is critical to our success. We design and implement transformative partnerships that help us
be locally responsive, community-based, outcome focused, and client-centered. This results in simplified
and effective pathways to finding good jobs for individuals and a skilled workforce for businesses to stay
competitive and grow, focusing on local in-demand industries of technology, manufacturing, health care,
and construction. We work with stakeholders to create a region where economic prosperity and growth
can exist for everyone, especially under-reached populations. For this program, Equus proposes to
engage with a minimum of 40 employers, with the goal of expanding our organization’s network of
businesses to provide work experience opportunities for participants. We continuously expand our
partnerships and believe our work cannot be done without community involvement. Our collaborative
relationships with local businesses, customers, and local organizations inform our program design
services, such as providing opportunities for employment and work experiences, a pipeline for referrals,
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and connections for needed community supports. Our collaboration philosophy is to provide strong
leadership, clearly defined roles and opportunities for collaboration, and shared resources. We work
together toward a common goal through effective communication.
Equus partners with both business and community-based organizations effectively. The following are the
strategies we utilize to develop partnerships:
Research new and existing businesses and organizations to determine how, who and when
to connect in order leverage our programs to assist with their goals and mission, meet the
needs of their clients or staff
Provide informational presentations to local businesses and CBOs to understand
benefits of partnering with Equus
Provide community workshops for customers, businesses, and community members
Provide ongoing avenues for communication, following up, and sharing of information
Participate in regional workforce collaboratives, career advisory councils, local
chamber of commerce
Conduct outreach to business to determine needs, to support connections with other
businesses, and to develop job fairs
Partnering with community-based organizations and businesses when providing WIOA services within the
community provides the following outcomes:
Co-location opportunities and referral pipelines
Connection to community needs and resources
Linkages to services needed that result in warm hand-offs to resources needed by
customers such as mental health support
Access to employment, internship, and work experience opportunities
Understanding of employment needs within the community
Connection to training and upskilling opportunities
Matching employer needs to workers and resources
Recruitment assistance and job matching
Assistance with outreach to diverse populations
Labor market and wage information
Increase in training and retraining opportunities and job retention
Assistance in assessing the skills required to fill jobs
Examples of our industry specific collaborative relationships with local businesses include those listed
below. To support our proposed program, we will engage at least 40 employers in the in-demand
industries listed.
Industry
Employers (WEX Sites)
Bunger Steel
Amit Upadhye Architect LLC
Caretaker Landscape and Tree
Management
Borum Engineering
Sunland Asphalt
Premier Construction Corporation
Haydon Building Corp
SCP Weldz
Hunter Contracting
Construction
JP Malone Construction
Markham Contracting
Kharisma Esthetics
Seuss Pediatric Dentistry & Orthodontics
Pueblo Family Physicians
Omega Dental
ACASA Glendale
Gallemore Dental Group
Walgreens
Queen Creek Veterinary Clinic
Healthcare
Sun Cities Medical
Desert Rose Medical Consultants PC
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Dr Merchant DDS
Martin Dental
KoKo Smiles (Kokopelli Family
Dentistry)
Pioneer Cardiovascular Consultants
Ehrbright and Hankel DDS PLLC
Starlight Dental Group
Pueblo Family Physicians
Happy Molar Dental
Affiliated Oral and Maxillofacial Surgery
Smiles on Northern
Glenfair Veterinary Hospital
Phoenix Plastic Surgery
East Valley Family Physicians
Ancillary Care Specialists
Premier Family Care
MB Best Medical Group
West Valley Family Dental
Primero Dental
TruDental
Dental Specialty Associates
Phoenix Internal Medicine
Accord Healthcare Institute
Westwind Dental
PharMerica
Valley Institute of Neurology
Higley Groves Dental
Southwest Pediatrics
Neurodiagnostic Laboratories
Dentists of Apache Junction
Associated Retina Consultants
Eye Lab
Butura Oral and Dental Implant Surgery
Canyon Lakes Dental Group
Asrari Endodontics
Pro Performance
Arizona Arthritis & Rheumatology
Associates
Regency Specialties
Allergy and Immunology Specialists PLLC
Allegiant Healthcare of Mesa
Novaspine Pain Institute
Somos Dental & Orthodontics - Mesa
BlueKey IT
IT
AIM IT Services
Advanced Business Learning Cyber
Academy
Logistics
Duncan and Son Lines
5.6.1.1.6.5 Describe respondent’s experience working with youth in the areas of career exploration and
workplace readiness.
Our program helps participants build sustainable career pathways that focus on long-term career goals
and upward mobility. We provide personalized guidance and resources to help them identify their career
interests and develop a plan to achieve their long-term goals. We provide access to job training, skills
development, and mentorship opportunities that can help participants gain the knowledge and experience
they need to pursue their desired career paths. We also assist participants in locating job postings and
WBL opportunities that align with their career goals, as well as provide financial literacy resources to help
them manage their finances and prepare for life after completing their program. Additionally, we support
participants in developing essential skills needed to be successful in the workplace, such as
communication, problem solving, and leadership. Our goal is to create a comprehensive program that
helps participants build sustainable career pathways that focus on long-term goals and upward mobility.
Our Career Pathway Program takes youth on a journey through career exploration and strategic planning,
resume development, interview techniques, financial literacy, and education-based career clusters to
include Science, Technology, Engineering and Math. During financial planning, we focus on a “Reality
Check” in effort to direct attention to the lifestyle that each young adult desires. A lifestyle calculator is
used to provide a “big picture” of living expenses and the salary required to afford them. The process
involves young adults outlining monthly expenses followed by occupational exploration of industries that
yield the earning potential necessary to meet financial independence. The Career Pathways Explorer
assessment phase is an important part of the process as it evaluates career compatibility.
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Through individualized service planning and assessment, mentorship, vocational and WBL opportunities,
career mapping and development, case management and wrap-around services support, youth taking
advantage of our program are equipped with resources and tools required to progress from short term
employment to career longevity. We mentor each youth with a strengths-based approach and develop
individualized ISS/IEP to serve as a blueprint to guide and support their progress.
Strengths-Based Youth ISS/IEP Development Approach
Completion of assessments. Discussion of results, work history, educational levels completed.
Long-term goals linked to assessment, including the WIOA performance outcome(s)
Services, activities, and time frame detailed to accomplish short and long-term goals
Academic competencies (i.e., CASAS Academy™, Essential Education GED Academy, Educational
Functional Level gains, referrals to area partners.)
Workplace and Industry/ occupation-specific competencies: work experience, internships, job
shadowing, approved training provider programs.
Developing Career Pathway Maps and providing information on targeted occupations helps educate
youth on the diverse opportunities available for self-sufficiency. We assist our participants with identifying
their interest and aptitude for specific career pathways. Utilizing assessment tools such as Career
Pathways Explorer, TABE, and CASAS, we can highlight areas that might align with the youth’s natural
abilities. Our staff then guide the participants with developing a plan to achieve their goals. Our
organization has a robust network of businesses, training providers, and agencies to ensure an
accessible pool of employment opportunities for our youth. We connect our youth with recruiters for
employers that can assist with job placement. Our goal is to empower young people to take charge of
their futures through providing support, resources, and opportunities needed to thrive and succeed.
5.6.1.1.6.6 Describe capacity to stand up a operationalize a Summer Youth Employment Program during
the contract term, including description of respondent’s experience working with local
businesses to connect them with job seekers.
Equus understands that employer relationships and understanding employer needs are the building
blocks for effective services to prepare youth for employment opportunities with a career pathway and
livable wage. Our organization possesses the capacity and readiness to establish the Summer Youth
Employment Program. We are backed by robust corporate resources and leverage an experienced and
dedicated team that is well equipped to execute the logistical, administrative, and operational aspects
required to successfully launch and manage the program. We have comprehensive resources that focus
on essential job skills, career exploration, and professional development, tailored specifically for youth
participants. Our approach is trauma-informed and person-centered, with a focus on removing barriers
to access to services and ensuring the success of the participant. Additionally, we have a robust business
services team, that continues to develop new partnerships with area businesses while utilizing
established partnerships with local businesses, enabling us to secure job placements and internships for
youth. Equus is an Industry Intermediary for Registered Apprenticeship Program (RAP) development and
expansion, under contract with the U.S. Department of Labor, we have an established network of
employer partners allowing our team to offer apprenticeship opportunities to participants. We have
successfully supported 1,700 apprentices, with 83% of our customers representing under-reached
populations. Our ability to efficiently recruit, screen, and train both youth participants and program staff
further strengthens our capacity to establish an impactful youth employment program within the timeframe
of the contract term.
5.6.1.1.6.7 Describe, with detail, prior successful experience implementing subsidized youth employment
programs, internships, or specialized training programs for youth, ages 16 - 21 years old,
including the extent or responsibility on prior projects. At least two of respondent’s references
shall be from these experiences.
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As a WIOA Youth provider for 49 workforce boards in 22 states, across 171 locations, we coordinate and
collaborate to provide young adults access to meaningful services to reduce and mitigate barriers to
finding and keeping jobs. Equus has extensive experience implementing subsidized youth employment
programs, internships, and specialized training initiatives with successful program outcomes. Through
these programs, we have provided opportunities for youth to gain valuable work experience, enhance
their skills, and explore potential career paths. Our programs involve collaborations with local businesses
and organizations to secure placements for program participants. We leverage existing partner
relationships through our Title 1B Business Services team. We have cultivated strong relationships with
employers across targeted industries enabling us to match youth with meaningful and relevant
opportunities. In addition to subsidized employment, we have successfully implemented internship
programs that offer immersive learning experiences in collaboration with businesses and local
educational institutions.
Nationwide, we serve an average of 4,952 participants per month. Our WIOA youth programs exceeded
all goals for Q2 and Q4 Employment/Education in PY 21-22. The success of our programs is the result
of a comprehensive approach. We provide individualized support to program youth, career counseling,
resume writing assistance, interview preparation, and ongoing mentorship. Equus will work
collaboratively with partners and the County of Maricopa to ensure activities and services drive
performance. Performance is more than just numbers; it is the positive impact on a person’s life, their
family’s life, their community, and the local economy. To measure this impact, we analyze, share, and
discuss results, project trends, and develop action plans that enable us to continuously improve
performance outcomes and enhance the system’s impact.
5.6.1.1.6.8 Describe program experience that required governmental oversite (e.g., federal and state
regulations and laws regarding job training, job placement assistance and supportive services
to youth).
For more than 50 years, Equus has advanced local economies and helped those communities thrive by
providing a comprehensive array of workforce development services. Equus employs a team of more
than 3,000 professionals who provide opportunities to individuals through 100+ government and grant-
funded workforce programs in over 370 locations across 38 states, Puerto Rico, Canada, and the U.S.
Virgin Islands, providing employment services to 1.6 million job seekers annually.
Equus staff provide a safe environment where young adults are comfortable discussing their needs and
aspirations. Building this rapport ensures that trust in our team exists so they can comfortably express
frustrations and explain roadblocks, enabling us to provide linkages to the assistance they need to
address those obstacles.
Our experience advises that the best approach for career services is to analyze and assess the needs of
every youth served, as well as the needs of local businesses, and match the two to provide the best
possible outcomes for every local economy. Our project management approach is based on providing the
highest level of customer service and tailored service delivery resulting in our ability to meet the
individual’s goals and drive excellence in performance. Contributing to this success is also our tracking of
all performance data and thorough intentional self-monitoring of program activity, quality of services and
customer feedback, and expenditures. All of this also contributes to our system of continuous quality
improvement.
We successfully manage and account for state and federal funds from sources that include WIOA, TANF,
SNAP/FSET, and Child Care Services. We are a trusted partner across the country in implementing
regional workforce boards’ visions and plans for young adults, which are predicated on a clear
understanding of an area’s specific needs. Our organization is committed to successful program
outcomes and making a meaningful contribution to the communities we serve.
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5.6.1.1.6.9 Describe administrative and fiscal capability to provide and manage the proposed services on
a cost-reimbursement basis
Equus is not encumbered by the need for cash advances and is readily able to provide and manage the
proposed services on a cost-reimbursement basis. Equus has extensive experience designing and
administering multiple federal, state, and local funding sources in accordance with OMB Circulars,
Federal Acquisition Regulations, Sarbanes-Oxley, and Generally Accepted Accounting Principles
(GAAP). We have operated government-funded programs since 1968, including those in Maricopa
County and surrounding areas for the past 16 years. Our fiscal management system allows transparent
sharing of information and consolidation of partner processes to ensure quality control and timely
reporting. Maintaining records based on the accrual method of accounting, Equus uses the Oracle
Accounting System, which enables financial management of multiple locations, contracts, and funding
streams. Cash receipts and expenditures are identified separately for each funding source and can be
tracked to source documentation for audit purposes. Equus maintains proper accounting policies and
procedures, which are available upon request.
5.6.1.2 Qualifications - This section of the proposal shall describe the respondent’s ability and
experience related to the programs and services proposed. All project personnel, as applicable,
shall be listed, including a description of assignments and responsibilities, a resume of
professional experience, an estimate of the time each would devote to this program, and other
pertinent information.
Equus has operated youth workforce programs since 1974, and we currently operate 47 WIOA Youth
projects in 22 states that serve an average of 4,482 participants per month. We also operate three Job
Corps Centers (Milwaukee and two in Puerto Rico) that served a total of 1,148 youth in 2022, and three
youth projects funded by public assistance funds that serve an average of 370 participants per month
(New York City Youth Pathways, Rhode Island TANF – a portion of the project is dedicated to youth
services, and Trans-Milwaukee Jobs, which serves foster youth). As a company, we are committed to
exceeding our funders’ expectations for performance. Project leaders are trained and supported to
understand and use the four quadrants of performance management to ensure we have the right
processes, people, and resources in place to manage high-performing programs. During the past three
Program Years, the average performance across all the WIOA youth programs we operated exceeded
the average of negotiated required rates for performance on all Common Measures. Equus has provided
services in Maricopa County since 2016.
The table illustrates the project personnel proposed for the Summer Youth program. These roles are to
be hired, with emphasis on experience, diversity, and individual commitment to the local community.
Program Manager
100%
(1 FTE)
Provides oversight and technical assistance to the summer
youth program
Ensures performance is on target with program and contractual
goals; ensures compliance with Maricopa County mandates
Serves as liaison with the County, employers, and Equus
Reviews and submits program reports
Project Accountant
20%
(0.20 FTE)
Monitors activity to ensure accounting policies and
procedures, are followed
Develops, prepares, and supports annual budgets
Provides actual vs. budget analysis to include forecasting
of fund availability
Ensures support services, payroll, and other costs sharing are
paid and accounted for on Quickbase
Performs monthly close process for the project
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Talent Development
Specialist
100%
(4 FTE)
Identifies potential work experience sites and job openings,
contacts employers, markets job-ready participants, maintains
active job bank, and follows up with employers after participant
interviews.
Provides case management to youth with a focus on helping each
prepare for education, complete training, or obtain employment that
leads to self-sufficiency.
Implements and enforces individual community service/work
experience agreements and collective worksite contracts
Provides counseling, case management, and other
support and intervention services to youth.
Maintains referral network with other human service agencies
in the community.
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EXHIBIT C – SAMPLE PROGRAM PARTICIPANT INCIDENT REPORT
DIRECTIONS:
This Summer Youth Program Participant Incident Report is to be completed by the employer
and sent to the contractor via email within 24 hours after an incident occurs at the participant
workplace site. The report shall be sent via email by the contractor to the Program supervisor
within two hours after receipt.
Date of Incident:
Time of incident:
AM
PM
Person completing incident report:
Initial:
Participant Name:
Job Title:
Phone #:
Email:
Location of Incident:
(Physical Address)
(Area of worksite)
A.
Describe fully how the incident happened, including what specific activity the participant was doing
just before and when the incident took place, as well as the chain of events leading up to the
incident: (include words such as pushing, pulling, climbing, etc. Note any objects equipment, or tools
involved…note special characteristics in the work environment contributing to the incident)
____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________________
Was there property damage:
Yes
No
If yes, who owned the property: ____________________
If yes, describe the damage:
________________________________________________________________________________
B.
Describe what part of the participant’s body is injured and in what way: (e.g., sharp pain in right
shoulder or bruised left knee) OR
No injury.
Also indicate these areas of injury on the diagram on page 2***
____________________________________________________________________________________
____________________________________________________________________________________
What, if anything could you, as the employer, and/or the participant have done differently so as to
possibly prevent this incident from happening again?
____________________________________________________________________________________
____________________________________________________________________________________
________________________________________________________________________
C.
Was the participant working where other co-workers and or employees were nearby or present when
the incident happened?
Yes
No
If so, provide the name[s] of Witness[es] who may have seen/heard the incident:
_______________________ .
D.
To whom did the participant report the incident? (provide a name and the date the incident was
reported) __________________________ on Date: _____________________
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_____________________________________
Signature of Employer, Job Title
Date
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EXHIBIT D – OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND
PER DIEM POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County contract
administrator.
2.0
Lodging, per diem, and incidental expenses incurred in performance of Maricopa County/Special
District (County) contracts shall be reimbursed based on current U.S. General Services
Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the
following internet site to determine rates (no exceptions): www.gsa.gov.
2.1
Additional incidental expenses (i.e., telephone, fax, internet, and copying charges) shall
not be reimbursed. They should be included in the contractor’s hourly rate as an overhead
charge.
2.2
The County will not (under any circumstances) reimburse for contractor guest lodging, per
diem, or incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed
only when preapproved in writing by the County contract administrator as a result of the
business needs of the County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the contractor’s assigned duty post (pre-defined at
the time of contract signing) will be reimbursed. Under no circumstances will the County
reimburse for airfares related to transportation to or from an alternate site.
3.3
The County will not (under any circumstances) reimburse for contractor guest commercial
air travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost
of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of
travelers for the same travel period will not be permitted without prior written approval by the County
contract administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the
contractor. The County will not reimburse a contractor if the contractor chooses to purchase
this coverage.
4.2
Rental vehicles are restricted to sub-compact, compact, or mid-size sedans unless a larger
vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: Contractors
shall obtain pre-approval in writing from the County contract administrator prior to rental of
a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted
prior to securing parking that incurs costs for the County. Opportunities to be reviewed are
the DASH, shuttles, etc. that can transport the contractor to and from County buildings with
minimal costs.
4.4
County will reimburse for the lowest rate, long-term, uncovered (covered or enclosed
parking will not be reimbursed) airport parking only if it is less expensive than shuttle
service to and from the airport.
4.5
The County will not (under any circumstances) reimburse the contractor for guest vehicle
rental(s) or other any transportation costs.
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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.