230093-CONTRACT-INTERNATIONAL RESCUE COMMITTEE LEGAL SERVICES.PDF
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CONTRACT REFUGEE RELOCATION PROGRAM –
RA SERVICES 230093-RFP
This contract is entered into this 26th day of April, 2023 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and International Rescue Committee, an Arizona corporation
(“Contractor”), for the purchase of one-time or limited-time support services that will assist refugees and
immigrants and their families in overcoming obstacles and in achieving economic and social self-sufficiency
including, but not limited to, obstacles such as language barriers, limited affordable housing options,
financial instability, limited employment opportunities, limited education, transportation issues, lack of
transferable work skills, trauma, and physical and mental health challenges.
1.0
2.0
3.0
4.0
5.0
CONTRACT TERM
This contract is for a term of one year, beginning on the 1st of May, 2023 and ending the 30th
of April 2024.
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of two additional year(s), and/or for a time period not to exceed June 30,
2026 (or at the County’s sole discretion, extend the contract on a month-to-month basis for a
maximum of six months after expiration). The Contractor shall be notified in writing by the Office of
Procurement Services of the County’s intention to renew the contract term at least 60 calendar
days prior to the expiration of the original contract term.
CONTRACT COMPLETION
In preparation for contract completion, and as applicable, 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.
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.
PAYMENTS
SERIAL 230093-RFP
5.1
As consideration for performance of the duties described herein, County shall reimburse
the Contractor for eligible costs as approved by the County and as per the sums stated in
Exhibit A – Contractor Information and Itemized Budget.
5.1.1
Contractor shall be paid on a cost reimbursement basis, or other alternative
payment structure approved in writing by the County prior to cost being incurred,
for services performed and work completed at time of billing, and will only
reimburse for those costs that are based upon submitted complete and proper
documentation.
5.1.2
Funds shall be disbursed as repayment of costs for work performed on or after the
effective date of the contract and before the termination date of the contract (by
June 30th, 2026). At the discretion of the Maricopa County Board of Supervisors,
the termination date may be extended, but in no event shall this date be extended
beyond December 31, 2026, or such other date as may be established by the
United States Government.
5.1.3
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.
5.1.4
County will reimburse the contractor on a net “0” payments standard.
5.1.5
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.
5.1.6
Subject to the availability of funds, the department will, upon receipt of accurate
invoicing and supporting documents enumerated in the contract, process and remit
to the contractor payment of service provision or work performance.
5.1.7
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.
5.1.8
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.
5.2
INVOICES
5.2.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
SERIAL 230093-RFP
•
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
5.2.2
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.2.3
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an electronic funds
transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
5.2.4
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.2.5
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.3
APPLICABLE TAXES
5.3.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
5.3.2
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.
5.3.3
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
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for any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
6.0
AVAILABILITY OF FUNDS
6.1
Contracts will be funded under 21.027 Assistance Listing Number (ALN) American Rescue
Plan Act Coronavirus State and Local Fiscal Recovery Funds.
6.2
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.3
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
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.
8.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If contractor does not want to grant such access to a member of
SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will
assume that contractor does wish to grant access to any contract that may result from this bid. The
County assumes no responsibility for any purchases by using entities.
9.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
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
Service delivery methods shall be one time or limited time (concluded by the end of the
contract term) and/or have a sustainability model in which additional funding from Maricopa
County (County) is no longer needed after the grant period ends.
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10.3
Contractor shall collaborate with County departments in coordination of services, including
but not limited to Maricopa County Human Services (MCHSD) and Maricopa County Public
Health Department (MCPHD).
Contractor shall provide services to refugees and immigrants through a community-based
system of care that is comprehensive, coordinated, and responsive to refugees’ and
immigrants’ strengths and needs.
10.4
Contractor shall provide implementation and administration of program activities (see
section 2.7.6 for eligible costs) to include:
10.4.1 Service delivery
10.4.2 Employee management
10.4.3 Reporting requirements
10.4.4 Qualifications and eligibility requirements
10.4.5 Confidentiality of client information
10.4.6 Uniform administrative requirements
10.4.7 Fiscal management and program administration
10.4.8 Program monitoring
10.5
SERVICE DELIVERY REQUIREMENTS
10.5.1 Target Population: All refugees and immigrants receiving program services from
the contractor must be relocating to or residing in the County.
10.5.2 Contractor shall use all grant funds only for the intended purposes.
10.5.3 Service Area: Contractors shall only provide services funded by this grant within
the boundaries of the County.
10.5.4 Services provided by the contractor must be appropriate to the language, culture,
and geographic location of the refugee and immigrant population being served.
10.5.5 Contractor shall provide the funds for services that will address obstacles to
successful resettlement and integration and help refugees and immigrants obtain
and/or maintain stable housing, employment, and self-sufficiency.
10.5.6 Contractor shall be reimbursed for eligible costs, as determined by the County, and
such costs may include, but are not limited to, housing assistance, employment
assistance, health and wellness services, food assistance, social integration
activities, legal services, outreach and education, and program administrative
costs. Cash assistance is not included.
10.5.7 Contractor is highly encouraged to partner with other service providers in order to
provide holistic services to the community in the proposed infrastructure, including
collaboration with County departments in coordination of services, including but
not limited to, collaboration with MCHSD and MCPHD.
10.5.8 Contractor may subcontract services, and shall be responsible for payments to
subcontractors. Contractor may submit invoicing to the County for reimbursement
of payments made to subcontractors for eligible services.
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10.6
CONTRACTOR QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS
10.6.1 In order to be considered as a qualified and eligible RA, the RA shall have and
maintain through the term of the contract a contract with the federal government,
Office of Refugee Resettlement and the state of Arizona Refugee Resettlement
program. In addition, the RA shall:
10.6.1.1 Have a valid Unique Entity identifier (UEI) number and have and
maintain throughout the term of the contract an active profile in the
federal System for Award Management (SAM) (www.sam.gov).
10.6.1.2 Currently have a focus on serving refugees and immigrants in the
County and have the ability to continue to provide support services to the
immigrant and refugee community at the end of the contract term.
10.6.1.3 Be and remain in compliance with all applicable local, state, and federal
regulations and laws, including maintaining licensure to conduct
business in Arizona.
10.6.1.4 Be and remain in compliance with the MCPHD guidance, including any
guidelines necessary during a public health crisis.
10.7
PROGRAM PERFORMANCE AND REPORTING
10.7.1 Contractor shall track delivery of planned service performance and submit
reporting to the County, including reports of activities that have not been started,
activities in process, and activities implemented. In addition, contractor shall track
and report progress against service performance goals and desired outcomes as
indicated in the proposal.
10.7.1.1 Contractor shall provide the County with monthly reports on the project
and such reports will be due no later than the 15th of each month.
10.7.1.2 Contractor shall provide the County with a quarterly progress report of
all funded activities within 15 days of the end of each calendar quarter,
based on a County fiscal year (July 1st through June 30th) .
10.7.2 Notwithstanding any reporting obligations set forth herein, contractor shall provide
to the County any and all progress reports required by ARPA funding by the federal
government, the State of Arizona and/or the County (ARPA reporting documents
will be provided to the contractor upon award).
10.7.3 Progress and Compliance
10.7.3.1 Contractor shall attend progress meetings to be scheduled with the
County’s ARPA Project Coordinator.
10.7.3.2 Annual Reporting: Not later than 30 days after the close of each County
fiscal year in which grant monies awarded under this contract are
furnished, contractor shall submit to the County a narrative report of
what was implemented with grant funds, the total amount of funding
used, and number and demographics of refugees and/or immigrants
who were impacted/benefited from the program.
10.7.4 Financial Reporting
Contractor shall maintain a financial account of financial activities related to the
contract, and shall provide a financial statement reporting in U.S. dollars, all
SERIAL 230093-RFP
expenditures of County awarded grant funds and any income earned on those
funds on a quarterly basis (County fiscal year). The financial statement should
include County funds received and expended under this grant 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 grant purposes should be charged against the grant, and records
should be maintained of such expenditures made in support of the grant adequate
to enable the auditing of such funds on a quarterly basis.
10.8
PROJECT COMPLETION REPORTING
10.8.1 Contractor shall provide the MCHSD with a brief Project Completion Report (no
more than one page) after the contractor’s project is completed. The Project
Completion Report shall be due no more than 30 days after the contractor completes
their awarded project.
10.8.1.1 The Project Completion Report shall include a brief narrative summary
of what was implemented with grant funds, the total amount of funding
used, and projected or potential number of refugees and/or immigrants
who will be impacted/benefited from this project.
10.8.1.2 The Project Completion Report shall be signed by an authorized
representative of the contractor.
10.9
RECORD KEEPING
10.9.1 Contractors shall be responsible for maintaining records of receipts and
expenditures, clients served, services provided, and locations served for all
activities performed using grant funds. Such records include, but are not limited to:
10.9.1.1 Financial statement of all expenditures of grant funds and any income
earned on those funds.
10.9.1.2 Records of receipts and expenditures that were paid for by the grant.
10.9.1.3 A grant program plan, including any additional requirements.
10.9.1.4 Documentation of any program plan reviews and updates.
10.9.1.5 Documentation of the services provided in accordance with the grant
10.9.1.6 Contractor shall maintain all records in an accurate and organized
manner and keep all records in a secure location.
10.10
CONTRACT COMPLIANCE MONITORING/AUDITING
10.10.1 The County will monitor the contractor's compliance with, and performance under,
the terms and conditions of the contract and the applicable federal regulations. On-
site visits for compliance monitoring may be made by the County and its grantor
agencies (or both the County and its grantor agencies) at any time during the
contractor's normal business hours, announced or unannounced. During an on-
site visit, the contractor shall make all of its records and accounts related to work
performed or services provided under the contract are available to the County for
inspection and copying.
10.10.2 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:
10.10.2.1
Financial Management 2 C.F.R. § 200.302
SERIAL 230093-RFP
10.10.2.2
Internal Controls 2 C.F.R. § 200.303
10.10.2.3
Bonds 2 C.F.R. § 200.304
10.10.2.4
Payment and Financial Reporting 2 C.F.R. § 200.305
10.10.2.5
Cost Sharing or Matching 2 C.F.R. § 200.306
10.10.2.6
Program Income 2 C.F.R. § 200.307
10.10.2.7
Revision of Budget and Program Plans 2 C.F.R. § 200.308
10.10.2.8
Period of Performance 2 C.F.R. § 200.309
10.10.2.9
Insurance Coverage 2 C.F.R. § 200.310
10.10.2.10 Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
10.10.2.11 Procurement Standards 2 C.F.R. § 200.318
10.10.2.12 Indirect Costs 2 C.F.R. § 200.414
10.10.2.13 Compensation-Personal Services 2 C.F.R. § 200.430
10.10.2.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517
10.10.3 Contractor may be monitored for fiscal, program delivery and grant compliance
annually or more often as needed to ensure complete use of grant funds.
10.10.4 If contractor is found to be deficient in any area, contractor 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 to preclude future issues.
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
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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.
11.1.5 In the event that this contract is with another government agency, each party (as
"Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred
to as "claims") arising out of the negligent performance of this agreement, but only
to the extent that such claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault
of the Indemnitor, its officers, officials, agents, employees, or volunteers.
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,
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.
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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.
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 if Contractor shall be providing services that involve
working with minors and/or vulnerable adults, in which case the
coverage shall be provided at limits not less than $2,000,000.00 per
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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
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.
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11.3.2 Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
11.3.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
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
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.
11.7
PURCHASE ORDERS
11.7.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
11.7.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
11.8
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
11.9
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
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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.
11.10
STOP WORK ORDER
11.10.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
11.10.1.1 cancel the stop work order; or
11.10.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
11.10.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that the
stop work order resulted in an increase in costs to the Contractor
11.11
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
11.12
TERMINATION FOR DEFAULT
11.12.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
11.12.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
11.12.1.2 make progress, so as to endanger performance of this contract; or
11.12.1.3 perform any of the other provisions of this contract.
11.12.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
11.13
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
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
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but not limited to, any inspection, repair, installation, design, development, deployment,
operation, and initial training (as applicable). Additionally, all documentation shall be
completed prior to final acceptance.
11.15
CONTRACTOR EMPLOYEE MANAGEMENT
11.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
11.15.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
11.15.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
11.15.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
11.15.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
11.15.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
11.16
WARRANTY OF SERVICES
11.16.1 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.
11.16.2 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.
11.17
INSPECTION OF SERVICES
11.17.1 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.
11.17.2 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.
11.17.3 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:
11.17.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
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11.17.3.2 reduce the contract price to reflect the reduced value of the services
performed.
11.17.4 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:
11.17.4.1 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
11.17.4.2 terminate the contract for default.
11.18
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.
11.19
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.
11.20
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.
11.21
SUBCONTRACTING
11.21.1 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.
11.21.2 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.
11.22
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.
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11.23
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.
11.24
RIGHTS IN DATA
11.24.1 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.
11.24.2 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.
11.25
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
11.25.1 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.
11.25.2 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.
11.26
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.
11.27
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.
11.28
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.
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11.29
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.
11.30
RELATIONSHIPS
11.30.1 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.
11.30.2 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 a different time period was previously
approved by the County.
11.31
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).
11.32
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.
11.33
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
11.33.1 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:
11.33.1.1 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;
11.33.1.2 have not within a three-year period preceding this contract:
11.33.1.2.1 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
11.33.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
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bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
11.33.1.3 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;
11.33.1.4 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
11.33.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
11.33.2 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.
11.33.3 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.
11.34
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
11.34.1 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.
11.34.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.34.1 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.
11.35
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
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11.35.1 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.
11.35.2 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.
11.35.3 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).
11.36
CONTRACTOR LICENSE REQUIREMENT
11.36.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
the Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
11.36.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
11.37
UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT
REGISTRATION
All contractors that receive federal 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.
11.38
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.
11.39
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
11.40
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
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partisan political activity, or to further the election or defeat of any candidate for public
office.
11.41
EQUAL EMPLOYMENT OPPORTUNITY
11.41.1 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.
11.41.2 Contractor shall comply with the following provisions:
11.41.2.1
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
11.41.2.2
The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
11.41.2.3
The Age Discrimination in Employment Act of 1967, as amended
(29 U.S.C. §§ 621, et seq.);
11.41.2.4
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.
11.41.2.5
Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.
11.42
CERTIFICATION REGARDING LOBBYING
11.42.1 Contractor certifies, to the best of their knowledge and belief, that:
11.42.1.1 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.
11.42.2 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.
11.42.3 Contractor shall include Lobbying Certification language in the award documents
for all subcontractors (including sub-grants, and contract under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
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11.42.3.1 The Lobbying Certification is a material representation of fact upon
which reliance was placed when this transaction is made or entered into.
Submission of this certification is prerequisite for making or entering into
this transaction imposed by section 1352, Title 31, U.S. Code. Any
successful proposer(s) who fail to file the required certification shall be
subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
11.43
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).
11.44
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).
11.45
INFLUENCE
11.45.1 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.
11.45.2 An attempt to influence includes, but is not limited to:
11.45.2.1 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.
11.45.3 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.
11.46
CONFIDENTIAL INFORMATION
11.46.1 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.
11.46.2 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.
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11.46.3 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.
11.47
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.
11.48
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.
11.49
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
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
SERIAL 230093-RFP
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 Budget
11.54.1.2 Exhibit B – Scope of Work
11.54.1.3 Exhibit C – Office of Procurement Services Contractor Travel and Per
Diem Policy
11.54.1.4 Exhibit D – Negotiated Indirect Cost Rate Agreement (NICRA)
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:
International Rescue Committee
4425 W Olive Avenue #400
Glendale, AZ 85320
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 230093-RFP
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
INTERNATIONAL RESCUE COMMITTEE
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
Oscar Raposo, Chief Financial Officer
122. E. 42nd St, 12th Fl. New York, NY
4/6/2023
EXHIBIT A: VENDOR INFORMATION AND ITEMIZED SERVICE BUDGET
COMPANY NAME:
International Rescue Committee
DOING BUSINESS AS (dba):
https://www.rescue.org/united-states/phoenix-az
MAILING ADDRESS:
4425 W Olive Ave #400 Glendale, AZ 85320
REMIT TO ADDRESS:
4425 W Olive Ave #400 Glendale, AZ 85320
TELEPHONE NUMBER:
6024332440
FAX NUMBER:
4425 W Olive Ave #400
WWW ADDRESS:
https://www.rescue.org/united-states/phoenix-az
REPRESENTATIVE NAME:
Micaela Angle
REPRESENTATIVE TELEPHONE NUMBER:
615-638-4153
REPRESENTATIVE EMAIL ADDRESS
Micaela.Angle@rescue.org
UNIQUE ENTITY ID (UEI) FROM SAM.GOV
H1G7SR89K9E8
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL
ENTITIES TO PURCHASE FROM THIS
CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR
PAYMENT:
NET 0 DAYS
ITEMIZED BUDGET
SERVICES BUDGET FOR CONTRACT PERIOD UP TO ONE YEAR
CONTRACT
SERVICE:
Immigrant Legal Services
RESPONDENT:
International
Rescue
Committee
COST
I.
PERSONNEL
Total Salary
%
Allocated
TOTAL
SHARED
COUNTY
# of
FTE
for the
Service
SERVICE
COSTS
COST
Positions
Level
Position Title
Contract
Period
for
MCHSD
COST
(non-
County
costs, if
applicable)
1
1
Immigration Legal
Assistant
$ 40,560.00
100%
$40,560.00
$0.00
$40,560.00
1
0.6
Immigration Legal
Assistant
$ 40,560.00
60%
$24,336.00
$16,224.00
$24,336.00
1
0.6
Immigration Services
Navigator
$ 40,560.00
60%
$24,336.00
$16,224.00
$24,336.00
1
0.6
Asylum Coordinator
$ 55,632.00
60%
$33,379.00
$22,253.00
$33,379.00
1
0.75
Immigration Office
Assistant
$ 39,000.00
75%
$29,250.00
$9,750.00
$29,250.00
1
0.6
Senior Legal
Representative
$ 63,684.00
60%
$38,210.00
$25,474.00
$38,210.00
SERIAL 230093-RFP
1
0.6
Senior Legal
Representative
$ 58,848.00
60%
$35,309.00
$23,539.00
$35,309.00
1
0.6
Senior Staff Attorney
$ 79,032.00
60%
$47,419.00
$31,613.00
$47,419.00
1
0.6
Legal Director
$ 109992
60%
$65,995.00
$43,997.00
$65,995.00
1
0.15
Deputy Director of
Programs
$ 91,992.00
15%
$13,799.00
$78,193.00
$13,799.00
1
0.15
Interpreter Services
Supervisor
$ 59,412.00
15%
$8,912.00
$50,500.00
$8,912.00
1
1
Staff Attorney
$ 64,992.00
100%
$64,992.00
$0.00
$64,992.00
1
0.15
Regional Deputy Director
$ 90,000.00
15%
$13,500.00
$76,500.00
$13,500.00
0.65
0.07
Development Director
$ 86,316.00
7%
$3,927.00
$82,389.00
$3,927.00
0.65
0.07
Senior Operations Manager
$ 76,332.00
7%
$3,473.00
$72,859.00
$3,473.00
0.65
0.07
Senior Community
Engagement & Advocacy
Mgr
$ 73,944.00
7%
$3,364.00
$70,580.00
$3,364.00
0.65
0.07
Grants Manager
$ 69,684.00
7%
$3,171.00
$66,513.00
$3,171.00
0.65
0.07
HR Manager
$ 72,804.00
7%
$3,313.00
$69,491.00
$3,313.00
0.65
0.07
Finance Manager
$ 69,120.00
7%
$3,145.00
$65,975.00
$3,145.00
0.65
0.07
Senior Finance Coordinator
$ 54,756.00
7%
$2,491.00
$52,265.00
$2,491.00
3
0.07
Finance Coordinators
$ 40,560.00
7%
$8,518.00
$32,042.00
$8,518.00
2
0.07
Admin Specialist
$ 40,560.00
7%
$5,678.00
$34,882.00
$5,678.00
1
0.07
IT & Admin Coordinator
$ 49,848.00
7%
$3,489.00
$46,359.00
$3,489.00
1
0.07
Receptionist
$ 40,560.00
7%
$2,839.00
$37,721.00
$2,839.00
0.65
0.07
Grants Coordinator
$ 40,752.00
7%
$1,854.00
$38,898.00
$1,854.00
4.65
TOTAL:
$485,259.00
$485,259.00
II.
EMPLOYEE
RELATED
EXPENSES
TOTAL
COUNTY
ITEM
BASIS
COST
COST
$142,229.41
$142,229.41
TOTAL:
$142,229.00
$142,229.00
III.
PROFESSIONAL
AND OUTSIDE
SERVICES
TOTAL
COUNTY
ITEM
BASIS
COST
COST
1800
Services
Interpretation
$35/hour
100%
$63,000.00
$63,000.00
1800
Services
Translation
$40/hour
100%
$72,000.00
$72,000.00
TOTAL:
$135,000.00
$135,000.00
IV.
TRAVEL
TOTAL
COUNTY
SERIAL 230093-RFP
MILEAGE
REIMBURSE-
MENT
BASIS
COST
COST
7272
Local staff travel for 3 staff
for 12 months
.655/mile
100%
$4,763.00
$4,763.00
TOTAL:
$4,763.00
$4,763.00
V.
MATERIALS
AND SUPPLIES
TOTAL
COUNTY
ITEM
BASIS
COST
COST
Cell phones
Cell phones for 5 staff
$25/month
100%
$1,500.00
$1,500.00
Supplies
$1,000/month
100%
$12,000.00
$12,000.00
Fees
Application fees
$125/application
100%
$18,750.00
$18,750.00
TOTAL:
$32,250.00
$32,250.00
VI.
OPERATING
SERVICES
TOTAL
COUNTY
ITEM
BASIS
COST
COST
Shared Cost
Admin mileage
.655/mile
7%
$165.00
$165.00
Shared Cost
Facilities Rental
$42,277.00
7%
$35,513.00
$35,513.00
Shared Cost
Storage Fees
$350.00
7%
$294.00
$294.00
Shared Cost
Phone
$938.00
7%
$788.00
$788.00
Shared Cost
Internet Connection
$200.00
7%
$168.00
$168.00
Shared Cost
Postage, Courier &
Delivery
$500.00
7%
$420.00
$420.00
Shared Cost
Office Supplies 1
$1,300.00
7%
$1,092.00
$1,092.00
Shared Cost
<$5k It Equipment
$667.00
7%
$560.00
$560.00
Shared Cost
Software Agreements &
Maintenance
$2,500.00
7%
$2,100.00
$2,100.00
Shared Cost
Vehicle Insurance
$4,333.00
7%
$3,640.00
$3,640.00
Shared Cost
Printing
$150.00
7%
$126.00
$126.00
Shared Cost
Dues & Registrations
$25.00
7%
$21.00
$21.00
Shared Cost
Recruitment
$25.00
7%
$21.00
$21.00
Shared Cost
Employee Background
Check
$25.00
7%
$21.00
$21.00
Shared Cost
General Insurance
$3,500.00
7%
$2,940.00
$2,940.00
TOTAL:
$47,869.00
$47,869.00
VII.
EQUIPMENT
TOTAL
COUNTY
ITEM
BASIS
COST
COST
3
Computer
Laptops for 3 staff
$1200/ per laptop
$3,600.00
$3,600.00
$0.00
TOTAL:
$3,600.00
$3,600.00
TOTAL
DIRECT
COST:
$850,970.00
$850,970.00
VIII.
INDIRECT
SERIAL 230093-RFP
TOTAL
COUNTY
ITEM
BASIS
COST
COST
ICR
NICRA
12.51% of direct
charges
$106,456.35
$106,456.35
$0.00
TOTAL
INDIRECT
COST:
$106,456.00
$106,456.00
SUBTOTAL
ADMIN
(DIRECT)
COST:
$106,456.00
$106,456.00
TOTAL
SERVICE
COST:
$957,426.00
$957,426.00
EXHIBIT B: SCOPE OF WORK
1.
Proposal
The International Rescue Committee (IRC) in Phoenix, Arizona works with people devastated by conflict and
disaster in the outcome areas of health, safety, education, economic wellbeing, and power. The IRC in Phoenix
has provided more than 15,000 clients with refugee resettlement services since 1994 as well as extended services
to other immigrant populations including asylum seekers, trafficking victims, survivors of torture, victims of crime,
humanitarian parolees (Afghan, Cuban, Haitian), and others. Building upon decades of experience successfully
integrating newcomers to the US, the IRC requests $957,426 to support its Legal Center based in Phoenix,
Arizona. Through funding from Maricopa County, the IRC will provide legal representation, pro se assistance, core
immigration services, and access to an array of IRC’s evidence-based programs for refugees, asylum seekers and
other humanitarian immigrants who are residing in Maricopa County.
The IRC in Phoenix has been providing immigration services to refugees and other immigrant populations for more
than 20 years. The bulk of this work has been focused on core services before USCIS, such as naturalization,
family reunification, adjustment of status, and employment authorization. through U.S. Department of Justice
(DOJ) accredited representatives. However, in the past several years, as the number of immigrants with diverse
legal statuses requesting IRC’s services has increased, the need for legal services has become more urgent. While
short- term supports such as case management, in-kind donations, and direct assistance have provided limited
relief, clients with undetermined legal status need additional support for long-term stability and integration, which
must be addressed through pathways that allow for lawful and permanent residence. The IRC responded to the
increased need for legal services by launching the IRC’s Legal Center in 2020 which expanded services through
the addition of staff attorneys and legal representatives able to provide removal defense, affirmative asylum, and
other forms of immigration relief. IRC’s legal services staff allows IRC to provide support to the immigrant
community despite the ever-changing nature of immigration law and policy.
Prior to the launch of the IRC’s Legal Center, the legal service providers in Phoenix supporting migrants at no cost
were well over capacity, and the primary legal service provider in the state of Arizona historically focused on
providing support to migrants in immigration detention. This has meant that refugees, asylum seekers and other
non-detained immigrants seeking immigration relief in the community have had little recourse. Currently, the
Phoenix
Immigration
Courts
contain
over
15,000
cases
pending
an
asylum
hearing
(https://trac.syr.edu/phptools/immigration/court_backlog/). Despite this demand, the limitation of resources has yet
to be adequately addressed and has been further stressed with the recent evacuation from Afghanistan in August
of 2021. This evacuation brought 1,600 Afghan humanitarian parolees to resettle in Maricopa County, most
seeking immigration relief through a special immigrant visa (SIV) or asylum. Additional populations such as
Ukrainian, Cuban, Venezuelan, and Haitian parolees also continue to arrive with a variety of immigration needs
including work authorization, asylum, temporary protected status (TPS) or adjustment of status.
The IRC Legal Center in Phoenix has been providing legal assistance through various avenues for over 800 Afghan
parolees since August of 2021 and has shifted and diverted much of its legal resources to serving this population.
Initial services included pro se clinics to provide consultation and legal orientation to the asylum process. During
the consultation process, each parolee was assessed for multiple forms of relief for themselves and potential family
members. For those with viable asylum claims IRC provided both limited representation and direct representation
on applications. The extent of IRC’s involvement in the immigration matter depended on the complexities of the
asylum case. For example, cases that had a higher risk of a potential Request for Evidence (RFE), IRC directly
assisted the client. The team supported arriving parolees with I-94 and Employment Authorization Document (EAD)
applications and corrections to dozens of initial walk-ins who were processed into the United States outside of the
safe havens. To date, the IRC has completed 235 applications with 110 being approved for asylum. For those
clients whose asylum applications are still pending, IRC is being proactive and preparing to provide support to
apply for Temporary Protected Status (TPS) ahead of the expiration of the 2-year parole period. IRC intends to put
each client in the best legal position possible which includes avoiding a lapse in the parole period.
Building upon this work, the proposed project, to be housed within the IRC Legal Center, will increase access to
comprehensive legal services for refugees, asylees, asylum seekers, parolees, and other immigrants residing in
Maricopa County. IRC will achieve this by providing consultation and assessment services for clients seeking
immigration relief and direct, limited, and pro se representation and support for various types of immigration relief
through United States Citizenship and Immigration Services (USCIS) and Executive Office of Immigration Review
(EOIR). Services will begin with a thorough consultation for all potential clients for various forms of relief. Services
will include both limited and direct representation before USCIS or EOIR, depending on the type of application.
IRC shall provide high-quality representation at all stages of assistance including USCIS interviews, immigration
SERIAL 230093-RFP
court proceedings, master calendar hearings, and merits hearings. Additional support will be provided for the
following: USCIS applications (I-589), Family Petitions (I-130), adjustment of status (I-485), employment
authorization (I-765), employment authorization document (EAD) corrections, I-94 corrections, change of address
(AR-11), temporary protected status (I-821), naturalization (N-400), certificate of citizenship (N-600), petition for
alien relative (I-130), green card replacement (I-90), fee waiver for USCIS (I-912) and proceedings.
Table 1: Proposed services, outcomes, and objectives
Type of Service
People
Served
Objective
Outcomes
Consultations and
assessments for Legal Relief
725 over the
performance
period
Clients receive counsel,
advise, and educate on Legal
Immigration Rights
Clients are empowered to make
informed decisions on immigration
pathways and relief
Affirmative Applications with
USCIS Including but not
limited to: Family Petitions I-
130 adjustment of status (I-
485), employment
authorization (I- 765),
employment authorization
document (EAD) corrections,
I- 94 corrections, change of
address (AR-11),
naturalization (N-400),
certificate of citizenship (N-
600), petition for alien relative
(I-130), green card
replacement (I-90), fee waiver
for USCIS (I-912
480 over the
performance
period
Clients receive direct
representation and
assistance in preparing and
submitting applications to
USCIS to obtain an
immigration benefit
Clients have access to resources and
guidance to apply for eligible
immigration benefits; clients receive
the desired immigration relief as
applied; clients integrate into U.S.
society and become contributing
members of their communities
Affirmative applications with
USCIS including but not
limited to asylum (I-589),
employment authorization (I-
765) and temporary protected
status (I- 821) and removal
proceedings
225 over the
performance
period
Clients receive Pro Se
assistance on variations of
applications to meet the
current need of immigration
law changes
Clients have access to pro se legal
support to apply for eligible
immigration benefits; clients receive
the desired immigration relief as
applied; clients integrate into U.S.
society and become contributing
members of their
communities
All services will be provided in person and cases will be assessed for individual immigration relief. Clients will be
provided education, consultations, and legal orientations during their consultation to ensure they have knowledge
of their rights and potential pathways towards immigration relief. The IRC will represent clients in all potential forms
of legal relief for which the client is eligible and wants to pursue. IRC will submit applications for employment
authorization expeditiously for those clients who are eligible. For affirmative asylum cases, IRC staff attorneys will
meet with clients to prepare for interviews with USCIS. In limited cases, attorneys will provide representation at
affirmative asylum interviews. For clients who are in removal proceedings, appropriate preparation and
accompaniment will be provided for hearings in immigration court. Additional support will include filing affidavits of
relationship, attestations of identity, drafting and filing motions or declarations, and communicating with the local
asylum office or USCIS field office for case status or missing notices.
The IRC places a high value on providing culturally competent and linguistically appropriate services. All services
are offered with the use of interpretation and the IRC maintains an in-house interpretation service for enhanced
accessibility. For languages of lesser diffusion, the IRC contracts with a telephonic interpretation service. All staff
receive training on cultural competency, Title VI, and the use of an interpreter during on-boarding and orientation.
In addition, the IRC is committed to addressing barriers that prevent refugees and immigrants from accessing
SERIAL 230093-RFP
services by providing transportation support, systems navigation, advocacy, and education. The IRC serves all
clients using a strengths-based, trauma-informed approach. This model prioritizes client safety, privacy, and choice
while ensuring that the client is at the center of all service delivery. It also prioritizes staff health and well-being by
encouraging adequate and regular self-care as they engage with populations who have experienced significant
trauma and displacement. The IRC has policies in place and will provide reasonable accommodation to a qualified
individual with a disability, or based on pregnancy or religion, where the client has made IRC staff aware of his or
her need for a reasonable accommodation, provided that such accommodation does not constitute an undue
hardship on the IRC.
Program Sustainability
Project sustainability will be achieved primarily through the use of a blended funding model. This project will
leverage other federal, state, and private sources of funding during and after the project period. Current funding
that supports IRC’s legal services include City of Phoenix American Rescue Plan Act, the Office of Refugee
Resettlement’s Preferred Communities program, and private donations. IRC’s core legal services utilize a fee for
service model that partially underwrites costs associated with applications submitted before USCIS. However, fee
waivers are offered to households or individuals who earn 200% or less of federal poverty guidelines. The proposed
project will provide additional direct assistance to support the cost of application fees for clients who may present
with other vulnerabilities. In addition to the blended funding model, pro se clinics will utilize volunteer legal service
providers to increase the capacity and competency of legal supports within the communities of Maricopa County.
These volunteers will be recruited from IRC’s partners within local private firms and legal service providers.
Partnerships
IRC will coordinate services with the Maricopa County Human Services and Maricopa County Public Health
departments within the ethical guidelines of legal services. Referral systems and pathways will be explored to
facilitate the coordination of services and cross-training can be provided to ensure the departments have a baseline
knowledge of the U.S. immigration system and the differing pathways towards immigration relief. The IRC Legal
Team will provide support to clients seeking additional services through other IRC programs and work collaboratively
with other external agencies to ensure clients have access to needed services and resources. In addition, IRC will
develop a formal referral system with Phoenix-area legal providers (Phoenix Legal Action Network, Catholic
Charities, and American Immigration Lawyers Association) and private attorneys to join in IRC clinics and or refer
cases to be able to provide a higher-level community impact for legal services.
2.
Qualifications and Staffing Plan
Funding for the proposed project will support partial salaries for current staff and the addition of new staff. The IRC
Legal Center has a dedicated team of, Accredited Representatives, a Senior Staff Attorney, Legal Assistants, and
a Legal Services Navigator who all have a wide range of qualifications and experience. This project would support
the addition of a Legal Director, Staff Attorney, an additional Legal Assistant, and an Administrative Assistant. In
addition to the onsite staff, the IRC Legal Center receives support from IRC’s Immigration Technical Unit for
programmatic and technical support.
Table 2: Staffing List
Position
FTE %
Immigration Legal Assistant
100%
Immigration Legal Assistant
60%
Immigration Services Navigator
60%
Asylum Coordinator (Accredited Representative)
60%
Legal Administrative Assistant
75%
Senior Legal Representative
60%
Senior Legal Representative
60%
Senior Staff Attorney
60%
Legal Services Director
50%
Staff Attorney
100%
Deputy Director of Programs
15%
SERIAL 230093-RFP
Interpreter Services Supervisor
15%
Deputy Director of US Legal Services - South
15%
Immigration Legal Assistants and Navigator.
To support the legal team, the IRC employs a Legal Assistant and a Legal Services Navigator. These positions
support legal practitioners (DOJ accredited representatives and attorneys) in representing clients before USCIS
and conducting community-based workshops, focused on naturalization or other legal services, as defined by
IRC’s program priorities. Both positions will be dedicated at 60% to this project.
The Legal Assistant has been supporting the IRC Legal team since May of 2022 with consultation, orientation,
intake, and application preparation for Afghan parolees. The position provides interpretation and translation for
Afghan clients. Under this project, the IRC will hire an additional Legal Assistant with a similar diverse background
for additional administrative support. The new position will be 100% dedicated to this project.
The Legal Services Navigator supports access to legal services by assisting clients to understand their legal status,
helping them to navigate administrative processes where appropriate, and ensuring they can access a legal
consultation. The position provides education, resources, and support with preparing asylum applications to the
immigrant community at large. The person in this position speaks both Dari and Pashto and provides interpretation
and translation services for Afghan parolees.
Senior Legal Representatives and Accredited Representatives
Currently, IRC employs three DOJ accredited representatives who prepare the majority of applications submitted
before USCIS. The people in these positions are well versed in immigration policies, are experienced practitioners,
and provide technical assistance throughout the IRC network. On this project, the Senior Legal Representatives
will dedicate 60% of their time in providing core services before USCIS. The positions are instrumental in providing
services to recent Afghan parolee arrivals and has advocated extensively to local, state, and federal officials on
behalf of Afghans who arrived with incomplete documentation. On this project, The Accredited Representative will
provide 60% of their time to continued representation of clients before USCIS, support asylum and TPS
applications for parolees, and plan and coordinate pro se legal clinics.
Senior Staff and Staff Attorneys
IRC’s Senior Staff Attorney provides oversight and supervision for removal defense and Afghan parolee work. The
Senior Staff Attorney provides representation to asylum seekers and other immigrants seeking humanitarian relief
in affirmative and defensive proceedings, and represents families both with USCIS and EOIR. The person in this
position is bilingual and speaks and represents clients with USCIS, EOIR and participates in clinic workshops. The
Senior Staff Attorney provides 50% of their time to this project.
The hiring of an additional staff attorney will provide representation to asylum seekers and other individuals facing
removal in immigration court, as well as on petitions before US Citizenship & Immigration Services (USCIS). The
staff attorney will also conduct community-based know your rights sessions and assist with legal clinics and
workshops.
IRC currently has an International Justice Corps Law Fellow who has commenced several removal cases for
community members in the past 18 months. The Fellow is pending state licensure and is about to have her fellowship
expire. IRC’s intention is to secure funding to offer her a staff attorney role to provide a smooth transition for the
current caseload and ensure there is no gap in support for cases. The staff attorney will dedicate 100% of their time
to this project.
Administrative Assistant
The Immigration Administrative Assistant, to be hired, will provide support to the immigration program staff with
day-to-day administrative duties including, but not limited to, receiving and screening phone calls, text messages
and emails, communicating with clients about their appointments and cases, and utilizing and maintaining program
databases. The administrative assistant will dedicate 75% of their time to this project.
Legal Services Director
SERIAL 230093-RFP
The Legal Services Director, to be hired, will oversee the Legal Services team, and lead the development and
strategy for multiple legal services programs that represent clients both before EOIR and USCIS. This position will
ensure the delivery of high-quality and impactful immigration programming through direct supervision of program
managers and senior staff. The Legal Services Director will bring vision and creativity to implement, monitor, and
facilitate expansion of immigration legal services and will be part of the leadership team, working in close
collaboration with leaders and managers of other program areas, as well as with development and finance
managers. The Legal Services Director will dedicate 50% of their time to this project.
Deputy Director of Program
The Deputy Director of Programs for IRC Arizona provides strategic oversight and leadership for all of IRC’s client
services. This position will provide overall leadership and supervision of this project to ensure deliverables are met
to the IRC’s standards of quality. The position will also provide budget oversight for all expenditures and oversee
the recruitment of senior staffing positions. The Deputy Director of Programs will dedicate 15% of his time to this
project.
Interpreter Services Supervisor
The Interpreter Services Supervisor provides supervision for all of IRC’s internal interpretation and translation
services. This position is responsible for the recruitment, training, scheduling, and supervision of IRC’s
interpretation services in Phoenix and Tucson. This position also ensures all interpretation is conducted to IRC’s
standards of quality and works closely with IRC’s programs to ensure availability and accessibility of interpretation
for all of IRC’s clients.
The Technical Unit and Regional Deputy Director of US Legal Services – South Region
The IRC Legal center in Phoenix is also supported by IRC’s Immigration Technical Unit (“TU”), a part of IRC
Headquarters located in New York City, NY. The team consists of seven legal professionals (five attorneys and
two accredited representatives) who provide guidance and oversight of all IRC immigration programs in the United
States. The Technical Unit has a regional structure, with a dedicated Regional Deputy Director for the IRC
Southern Region. The Regional Deputy Director provides technical support, guidance, and direction on program
management, outreach, grants management and business development to support and strengthen IRC’s
immigration programs. In addition to the Regional Deputy Director Support, the TU provides monthly trainings on
a broad range of immigration legal topics and manages an internal resource library for IRC legal practitioners. It is
anticipated that 15% of this positions time will be dedicated to this project.
The IRC follows U.S. federal financial guidelines in managing federal grants and receives fiscal and grant
management support from IRC national headquarters in New York City. The IRC has a well-designed system of
internal controls over cash disbursement, cash receipts and procurement that requires a careful review of all
transactions related to grant or contract awards. Accounting records, financial reporting and grant expenditures
will be maintained by the IRC’s Finance Manager and finance team. The IRC uses the Integra accounting platform
to track financial transactions. A separate and unique grant code is assigned to all awards to ensure expenditures
are tracked separately. In addition to its own internal control system, the IRC as an organization engages KPMG
LLP to perform an annual financial statement and an audit that includes select site audits of regional resettlement
offices. The Deputy Director of Programs and Legal Director will coordinate with the finance and grants teams to
review and monitor spending, track deliverables, and submit required reports.
EXHIBIT D: NEGOTIATED INDIRECT COST RATE AGREEMENT (NICRA)
SERIAL 230093-RFP
SERIAL 230093-RFP