EXHIBIT 3 DRAFT CONTRACT PH RFP 230126.PDF
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(DRAFT CONTRACT)
CONTRACT PURSUANT TO PH RFP 230126
This Contract is entered into this 29th day of March 2023 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and _______________________________, an Arizona corporation/community-
based organization (“Contractor”) for the purchase of services related to Supporting Maricopa County’s Aging
and Older Adults Population.
1.0
CONTRACT TERM:
1.1
This Contract is for a term of 14 months, beginning on the 1st day of April 2023 and ending the 31st
day of May 2024.
1.2
The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of four (4) additional years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after
expiration). The County shall notify the Contractor in writing of its intent to extend the Contract
term at least sixty (60) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
1.3
CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and
responsibilities to another provider and/or to the County. This may include, but is not limited to,
the 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 Contractor 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.
2.0
PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) calendar days prior to the
Contract expiration date. 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 Contract.
3.0
PAYMENTS:
3.1
As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3
INVOICES:
3.3.1
The Contractor shall submit one (1) 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:
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•
Company name, address, and contact
•
County bill-to name and contact information
•
Contract Serial Number and Title
•
County purchase order number
•
Invoice number and date
•
Payment terms
•
Deliverable description
•
Total Amount Due
3.3.2
Problems regarding billing or invoicing shall be directed to the Department as listed on the
Purchase Order.
3.3.3
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 located on the County Department of Finance Vendor Registration Web Site located
at https://azdom-vss-ext.hostams.com/PRDVSS2X1/Advantage4
3.3.4
Discounts offered in the contract shall be calculated based on the date a properly completed
invoice is received by the County.
3.3.5
EFT payments to the routing and account numbers designated by the Contractor will
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.
3.4
APPLICABLE TAXES:
3.4.1
Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.4.2
State and Local Transaction Privilege Taxes: To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this Contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
3.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall 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
Worker’s Compensation.
3.5
TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor
to determine any and all applicable taxes.
4.0
AVAILABILITY OF FUNDS:
4.1
The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are 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.
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4.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with,
this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment only
for services rendered prior to the effective date of the termination, provided that such services are
performed in accordance with the provisions of this Contract. County shall give written notice of
the effective date of any suspension, amendment, or termination under this Section, at least ten (10)
days in advance.
5.0
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.
6.0
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.
7.0
DUTIES:
7.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing by the
Procurement Officer.
8.0
TERMS AND CONDITIONS:
8.1 INDEMNIFICATION:
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, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, 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 there from, 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, any one directly or indirectly
employed by them, or anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
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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 paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
8.2 INSURANCE:
8.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. 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.
8.2.2
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.
8.2.3
Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
8.2.4
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.
8.2.5
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.
8.2.6
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.
8.2.7
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.
8.2.8
Commercial General Liability:
Commercial General Liability 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.
8.2.9
Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage of
not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned,
hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work
or services or use or maintenance of the premises under this Contract.
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8.2.10
Workers’ Compensation:
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.
Contractor, its contractors and its subcontractors waive all rights against 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 contractors and its
subcontractors pursuant to this Contract.
8.2.11
Certificates of Insurance:
6.2.11.1 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.
6.2.11.2 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.
6.2.11.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) calendar days prior to the expiration date.
8.2.12
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 thirty (30) days prior written
notice to Maricopa County. Contractor must provide to Maricopa County, within two (2)
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 4041 N. Central Avenue, #1400,
Phoenix, AZ 85012 or emailed to the Procurement Officer noted in the solicitation.
8.3 FORCE MAJEURE:
8.3.1
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 will include 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, interruption or failure of electricity or
telecommunication service.
8.3.2
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.
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8.3.3
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.
8.4 WARRANTY OF SERVICES:
8.4.1
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.
8.4.2
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.
8.5 INSPECTION OF SERVICES:
8.5.1
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.
8.5.2
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.
8.5.3
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:
6.5.3.1 Require the Contractor to take necessary action to ensure that future performance
conforms to Contract requirements; and
6.5.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
8.5.4
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:
6.5.4.1 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
6.5.4.1 Terminate the Contract for default.
8.6 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of
Procurement Services, a Purchase Order issued by the using Department or direction by a Certified
Agency Procurement Aid (CAPA) with a Purchase Card for payment.
8.7 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
8.7.1
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.
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8.7.2
Contractors agree 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.
8.8 PURCHASE ORDERS:
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, shipment of product prior to issuance of Purchase Order, etc.
8.9 SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so suspended,
delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No
request for adjustment under this clause shall be granted unless the claim, in an amount stated, is
asserted in writing as soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the Contract.
8.10 STOP WORK ORDER:
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 ninety (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 is
delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either:
8.10.1
Cancel the stop work order; or
8.10.2
Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience clause of this Contract.
8.10.3
The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, 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.
8.11 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days
advance notice to the Contractor.
8.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this Contract in whole or
in part if the Contractor fails to:
8.12.1
Deliver the supplies or to perform the services within the time specified in this Contract or
any extension;
8.12.2
Make progress, so as to endanger performance of this Contract; or
8.12.3
Perform any of the other provisions of this Contract.
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The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within ten (10) business days (or more if authorized in writing
by the County) after receipt of the notice from the Procurement Officer specifying the failure.
8.13 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.
8.14 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01:
If Contractor engages in for-profit activity and has 10 or more employees, and if this agreement has
a value of $100,000 or more, Contractor 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.
8.15 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-394:
Contractor warrants and certifies that it does not currently, and agrees for the duration of the
Agreement, that it will not use:
1. the forced labor of ethnic Uyghurs in the People's Republic of China,
2. any goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China,
3. any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
If Contractor becomes aware during the term of this Agreement that the Contractor is not in
compliance with this paragraph, Contractor shall notify the County within five business days after
becoming aware of the noncompliance. If the Contractor fails to provide a written certification to
the County that the Contractor has remedied the noncompliance within 180 days after notifying
the County of its noncompliance, then the agreement terminates, except that if the agreement
termination date occurs before the end of the 180-day period, the agreement terminates on the
agreement termination date.
8.16 CONTRACTOR LICENSE REQUIREMENT:
The Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary
and incidental to the lawful conduct of his/her business, and as necessary complete any required
certification requirements, required by any and all governmental or non-governmental entities as
mandated to maintain compliance with and in good standing for all permits and/or licenses. The
Contractor shall keep fully informed of existing and future trade or industry requirements, Federal,
State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a
Contract and shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the Department of all changes concerning permits, insurance, or licenses.
8.17 SUBCONTRACTING:
8.17.1
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.
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All correspondence authorizing subcontracting must reference the Contract Number and
identify the job project.
8.17.2
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,
or the County has approved the increase. 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.
8.18 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. The
designated Procurement Officer shall be responsible for approving all amendments for Maricopa
County.
8.19 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.
8.20 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.
8.21 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.
8.22 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.
8.23 RIGHTS IN DATA:
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.
8.24 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 may be viewed and
downloaded
at
the
Arizona
State
Library
Research
website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1)
which
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.
8.25 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
Page 10 of 27
8.25.1
The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it’s current officers and
directors;
8.25.1.1 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;
8.25.1.2 have not within three (3) year period preceding this Contract;
8.25.1.2.1
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; and
8.25.1.2.2
been convicted of violation of any Federal or State antitrust
statues or conviction for embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property regarding a government entity transaction or
contract;
8.25.1.2.3
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; and 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 have not within a three (3) year period preceding this
Contract had any public transaction (Federal, State or local) terminated
for cause or default.
8.25.1.3 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.
8.25.2
The Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier
covered transactions related to this Contract.
8.26 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
8.26.1
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 (3)
years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
8.26.2
The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 8.26.1
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,
Page 11 of 27
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.
8.27 INFLUENCE:
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.
An attempt to influence includes, but is not limited to:
8.27.1
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,
8.27.2
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.
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.
8.28 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLERBLOWER RIGHTS:
8.28.1
The Parties agree that this Contract and employees working on this Contract will be subject
to the whistleblower rights and remedies in the pilot program on Contractor employee
whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of
the Federal Acquisition Regulation.
8.28.2
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.
8.28.3
Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
8.29 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, 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.
8.30 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER
REVIEW:
8.30.1
In accordance with section MC1-371 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 (6) years after final payment or until after the resolution of any audit
questions which could be more than six (6) years, whichever is latest. 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.
8.30.2
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.
Page 12 of 27
8.31 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.
8.32 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.
8.33 CONFIDENTIAL INFORMATION:
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.
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 fifteen (15)
calendar days of the written request to do so.
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.
8.34 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the
Records Manager at the 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.
8.35 PRICES:
Contractor warrants those prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
8.36 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, express or implied.
Page 13 of 27
8.37 RELATIONSHIPS:
8.37.1
In the performance of the services described herein, the Contractor shall act solely as an
Independent Contractor or Subrecipient, 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.
8.37.2
For Task Order contracts: The County reserves the right of final approval on proposed staff
for all services performed. Also, upon request by the County, the Contractor shall be
required to remove any employees working on County projects and substitute personnel
based on the discretion of the County within two (2) business days, unless previously
approved by the County.
8.38 REQUIREMENTS FOR SUBRECIPIENTS OF FEDERAL FUNDING OF NON-RESEARCH
GRANTS AND COOPERATIVE AGREEMENTS:
8.38.1
Notice is hereby given that this contract is a result of funding received by The
Department of Health and Human Services (HHS) as listed in Exhibit D, and as
such, Contractor agrees to comply with all applicable terms and conditions contained in
this section as well as in the Prime Contractor’s Notice of Funding Opportunity (NOFO)
or Notice of Award (NOA), grants policy contained in applicable HHS Grants Policy
Statements, 45 CFR Part 75, requirements imposed by program statutes and regulations,
Executive Orders, and HHS grant administration regulations, as applicable; as well as any
requirements or limitations in any applicable appropriations acts. If any requirement in
the HHS Grants Policy Statement, 45 CFR Part 75, or applicable statutes/appropriations
acts conflict, then statutes and regulations take precedence. In addition, Contractor shall
comply with all applicable terms and conditions contained in the “CDC’s General Terms
and Conditions for Non-Research Grant and Cooperative Agreements (rev 08/21)” as
supplied in Exhibit E and can also be found at
https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-Research-
Awards.pdf
8.38.1.1 The County shall provide reasonable technical assistance to the Contractor to
assist in complying with state and federal laws and regulations, and
accountability for diligent performance and compliance with the terms and
conditions of this Contract and all applicable laws, regulations, and standards.
However, this assistance in no way relieves the Contractor of full responsibility
and accountability for its actions and performance in compliance with the terms
of this Contract.
8.38.2
Federal Regulations and Policies:
8.38.2.1 Uniform Administrative Requirements, Cost Principles, and Audit Requirement
for HHS Awards (45 CFR Part 75) - Part 75—Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards
8.38.2.2 Uniform Administrative Requirements, Cost Principles, and Audit Requirements,
Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part
200) – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
8.38.2.3 HHS Grants Policies and Regulations -
https://www.hhs.gov/grants/grants/grants-policies-regulations/index.html
8.38.2.4 HHS Grants Policy Statement -
https://www.hhs.gov/sites/default/files/grants/grants/policies-
regulations/hhsgps107.pdf
8.38.2.5 Federal Funding Accountability and Transparency Act (FFATA) -
https://www.fsrs.gov/
Page 14 of 27
8.38.2.6 HHS Acquisition Regulation (HHSAR) -
https://www.hhs.gov/grants/contracts/contract-policies-
regulations/hhsar/index.html
8.38.2.7 Coronavirus Disease 2019 (COVID-19) Funds – As a recipient of funds
awarded by HHS under one or more Coronavirus funding initiatives, Contractor
agrees to:
8.38.2.7.1
As applicable to the award, comply with existing and/or future
directives and guidance from HHS regarding control of the spread of
COVID-19
8.38.2.7.2
In consultation and coordination with HHS, provide,
commensurate with the condition of the individual, COVID-19 patient
care regardless of the individual’s home jurisdiction and/or appropriate
public health measures (e.g., social distancing, home isolation)
8.38.2.7.3
Assist the United States Government in the implementation
and enforcement of federal orders related to quarantine and isolation.
8.38.2.7.4
To the extent applicable, comply with Section 18115 of the
CARES Act, with respect to the reporting to the HHS Secretary of
results of tests intended to detect SARS–CoV–2 or to diagnose a
possible case of COVID–19.
8.38.3
Funding Restrictions and Limitations:
8.38.3.1 HHS Policy on Promoting Efficient Spending -
https://www.hhs.gov/grants/contracts/contract-policies-regulations/efficient-
spending/index.html
8.38.3.2 Federal Restrictions on Lobbying for HHS Financial Assistance Recipients -
https://www.hhs.gov/grants/grants/grants-policies-regulations/lobbying-
restrictions.html
8.38.3.3 CDC General Terms and Conditions for Non-Research Awards -
https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-
Research-Awards.pdf
8.38.3.4 None of the funds, materials, property, or services contributed by the County,
Contractor, or Subcontractor under the terms of this Contract may be used for
any partisan political activities or used to further the election or defeat of any
candidate for public office.
8.38.4
Required Disclosures for Federal Awardee Performance and Integrity Information
System (FAPIIS) - Consistent with 45 CFR 75.113, Contractor must disclose, in a timely
manner in writing to MCDPH and the HHS Office of Inspector General (OIG), all
information related to violations of federal criminal law involving fraud, bribery, or
gratuity violations potentially affecting this federal award. Disclosures must be sent in
writing to the assigned GMS/GMO identified in the NOA and to the HHS OIG at the
following address:
U.S. Department of Health and Human Services
Office of the Inspector General
ATTN: Mandatory Grant Disclosures, Intake Coordinator
330 Independence Avenue, SW Cohen Building, Room 5527
Washington, DC 20201
Fax: (202)-205-0604 (Include “Mandatory Grant Disclosures” in subject line)
Email: MandatoryGranteeDisclosures@oig.hhs.gov
8.38.5
Acknowledgment of Federal Funding:
8.38.5.1 When issuing statements, press releases, publications, requests for proposal, bid
solicitations and other documents -- such as tool-kits, resource guides, websites,
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and presentations (hereafter “statements”) -- describing the projects or programs
funded in whole or in part by the U.S. Department of Health and Human Services
(HHS) federal funds, Contractor must clearly state: 1) the percentage and dollar
amount of the total costs of the program or project funded with federal money;
and 2) the percentage and dollar amount of the total costs of the project or
program funded by non-governmental sources.
8.38.5.2 When issuing statements resulting from activities supported by HHS financial
assistance, the Contractor must include an acknowledgement of federal assistance
using one of the following or a similar statement. The federal award total must
reflect total costs (direct and indirect) for all authorized funds (including
supplements and carryover) for the total competitive segment up to the time of the
public statement.
8.38.5.2.1
If the HHS Grant or Cooperative Agreement is NOT funded
with other non-governmental sources:
“This [project/publication/program/website, etc.] [is/was] supported by the
Centers for Disease Control and Prevention of the U.S. Department of Health
and Human Services (HHS) as part of a financial assistance award totaling $XX
with 100 percent funded by CDC/HHS. The contents are those of the author(s)
and do not necessarily represent the official views of, nor an endorsement, by
CDC/HHS, or the U.S. Government.”
8.38.5.2.2
If the HHS Grant or Cooperative Agreement IS partially
funded with other non-governmental sources:
“This [project/publication/program/website, etc.] [is/was] supported by the
Centers for Disease Control and Prevention of the U.S. Department of Health
and Human Services (HHS) as part of a financial assistance award totaling $XX
with XX percentage funded by CDC/HHS and $XX amount and XX percentage
funded by non- government source(s). The contents are those of the author(s)
and do not necessarily represent the official views of, nor an endorsement, by
CDC/HHS, or the U.S. Government.”
8.39
OFFSHORE PERFORMANCE OF WORK PROHIBITED:
Due to security and identity protection concerns, direct services under this Agreement shall be
performed within the borders of the United States. Any services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and may involve
access to secure or sensitive data or personal client data or development or modification of software
for the State shall be performed within the borders of the United States. Unless specifically stated
otherwise in the specifications, this definition does not apply to indirect or “overhead” services,
redundant back-up services, or services that are incidental to the performance of the Agreement.
This provision applies to work performed by the Contractor as well as any Subcontractors.
8.40
AGREEMENT REGARDING COMPLIANCE MONITORING/AUDITING:
The County shall monitor Contractor’s compliance for fiscal and programmatic performance
under the terms and conditions of this Contract and applicable regulations promulgated by the
Federal Funding Agency and Maricopa County. An onsite visit for compliance monitoring and
compliance review shall be conducted by the County or its grantor agencies (or by both the
County and its grantor agencies) a minimum of one time per fiscal year or at any time during the
Contractor’s normal business hours, announced and/or unannounced. For auditing purposes, the
County shall provide the Contractor with 30-45 days’ advance notice of any proposed onsite visit.
The County will be responsible for scheduling and conducting the Onsite Monitoring Visits and
for reporting the findings. During an onsite visit(s), Contractor shall make all records and accounts
related to work performed or services provided under this Contract available to the County for
inspection and copying. The onsite visit shall provide introductions to points of contact for
Page 16 of 27
Maricopa County and provide a fiscal year calendar with Compliance and Finance Timeline dates.
County may request information for fiscal monitoring/audits per OMB Uniform Guidance 2
C.F.R. §200. Financial compliance monitoring is mandatory and occurs once per month virtually
and includes uploading compliance documents related to the compliance testing topic. The
selection picks include Budgets & Payroll (timesheets), Inventory Tracking, Procedures &
Policies, Agreements & Contracts and Meetings required. The topics may change depending on
Compliance Reviews but a minimum of one week notice will be sent in advance with a Checklist
Agenda of items to be collected/uploaded to a secure SharePoint Site (access restricted to main
POC on Subrecipient Contract and is required for the Compliance Desk Review Monitoring). The
Subrecipient or agency will be responsible for compiling and assembling all requested materials,
documents, and records to be uploaded to SharePoint Site. The onsite visit will end with a facility
tour for a safety compliance check. County’s Compliance Inspector will be in constant
communication for any compliance findings that must be corrected. Areas of non-compliance will
be summarized, and a timeline will be established to bring the item into compliance.
Documentation of compliance must be submitted to the Compliance Inspector as established in the
contract. Review of compliance will be conducted by the Compliance Unit in the County. It is the
County’s responsibility to manage and monitor subrecipients, including monitoring their
performance and compliance with applicable laws and regulations, as well as taking appropriate
action when performance and compliance issues arise.
8.40.1
The following documents, records, and information should be readily available for
compliance reviews and virtual testing meeting discussion:
•
General Financial Management
•
Records & Reports for Grant Expenditures, Match and Payments
•
Procurement/Contracts/Purchase Orders/Agreements
•
Time and Effort Reports/Timesheets/Payroll Records
•
Written Record Retention Policies
•
Inventory Controls
•
Conflict of Interest Policy
•
Organizational chart showing placement of departments/units and individuals
responsible for financial and programmatic matters
•
Meeting minutes and agenda
•
General ledger listing
•
Travel policy
•
Petty Cash or Cash Handling Policy
•
Budget development and monitoring process
•
Equipment Disposal records
8.41
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS:
Contractor shall, during the term of this Contract, within 15 business days from acceptance, inform
the MCDPH Grant Administrator in writing of the award of any other agreement or grant, including
any other agreement or grant awarded by the County, where the award may affect either the direct
or indirect costs being paid or reimbursed under this Contract. The Contractor’s failure to notify the
County of any such agreement shall be a breach of this Contract and the County may immediately
terminate this Contract without liability.
The MCDPH Grant Administrator may request, and Contractor shall provide within a reasonable
time, which shall not exceed ten (10) business days, a copy of all such other agreements or grants,
when, in the opinion of the MCDPH Grant Administrator, the award of the agreement or grant may
affect the costs being paid or reimbursed under this Contract.
If the MCDPH Grant Administrator determines that the award to the Contractor of such other
agreements or grants has affected the costs being paid or reimbursed under this Contract, then the
MCDPH Grant Administrator shall prepare an amendment to this Contract effecting a cost
adjustment. If the Contractor disputes the proposed cost adjustment, then the dispute shall be
resolved pursuant to the "Disputes" paragraph of this Contract.
Page 17 of 27
8.42
DISPUTES:
Except as may otherwise be provided for in this Contract, the Parties may attempt to informally
resolve any dispute arising out of this Contract for a reasonable period of time which shall not
exceed one hundred twenty (120) calendar days. Disputes which are not resolved in that time
period shall be submitted in accordance with the following formal dispute resolution process:
8.42.1
If a dispute cannot be resolved informally, then the Contractor shall notify the
Department in writing by mailing notice of the dispute to the MCDPH Procurement
Officer within ten (10) business days from expiration of the informal dispute resolution
process described above.
8.42.2
The MCDPH Procurement Officer shall respond in writing to the Contractor within
fourteen (14) business days. The decision of the MCDPH Procurement Officer shall be
final and conclusive unless, within seven (7) business days after the date the Contractor is
served with the decision, the Contractor files a written notice of appeal with the MCDPH
Department Director.
8.42.3
The MCDPH Director shall provide Contractor with a written response within fourteen
(14) business days following receipt of the notice of appeal. The decision of the MCDPH
Director shall be final and not able to be appealed.
8.42.4
Pending a final decision of the MCDPH Director, Contractor shall diligently proceed
with its performance of this Contract in accordance with the MCDPH Procurement
Officer’s decision.
8.43
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.
8.44
ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s proposed initial or best
and final response to the solicitation, the terms of this Contract shall prevail.
8.45
INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
8.45.1
Exhibit B, Scope of Work
8.45.2
Exhibit C, Office of Procurement Services Contractor Travel and Per Diem Policy
8.45.3
Exhibit D, Information Pertaining to Notice of Award for Subrecipients of Grant Funds
8.45.4
Exhibit E, CDC’s General Terms and Conditions for Non-Research Grant and Cooperative
Agreements (rev 08/21)
Page 18 of 27
8.46
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
For Contractor:
Maricopa County Department of Public Health
Name of Agency
Purchasing & Contracts Unit
Department or Unit
ATTN: Cheryl Bucalo, Procurement Officer
Contact Name
4041 N. Central Avenue, #1400
Address
Phoenix, AZ 85012
Address
Cheryl.Bucalo@Maricopa.gov
Email
(602) 506-6886
Page 19 of 27
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
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
Page 20 of 27
EXHIBIT A
PRICING & CONTRACTOR INFORMATION
BIDDER NAME:
VENDOR #, IF KNOWN. LEAVE BLANK IF NOT REGISTERED YET:
BIDDER ADDRESS:
P.O. ADDRESS:
BIDDER PHONE #:
BIDDER FAX #:
COMPANY WEB SITE:
COMPANY CONTACT (REP):
E-MAIL ADDRESS (REP):
PAYMENT TERMS:
Net 30
COMPENSATION/FEES:
TOTAL PROPOSED COST:
Supporting Maricopa County’s Aging and Older Adults Population
$
(As defined herein)
(Please fill in)
Respondent's signature below indicates understanding and agreement to perform the services outlined in the Request
for Proposal indicated above for the total amount they have listed above.
Signature (REQUIRED)
Date
Page 21 of 27
EXHIBIT B
Scope of Work
Original Scope of Work from Solicitation
2.0 SCOPE OF WORK:
2.1 With a focus on our older adult community, funded Contractors shall:
2.1.1
Develop and implement a project plan that will either expand an existing initiative(s) or
pilot a new initiative aimed to better prepare older adults for a health emergency such as a
pandemic or support with COVID recovery, the post-emergency phase of the pandemic.
2.1.2
Support MCDPH with mobilizing community partners and residents to participate in the
2023 Maricopa County Community Health Needs Assessment (CHNA) to ensure accurate
and equitable data collection that will represent the disability community. The CHNA is
currently scheduled to launch March 1, 2023 and close May 31, 2023. For more
information about the CHNA, please watch this short video.
2.1.3
Actively participate in the Health Improvement Partnership of Maricopa County and attend
quarterly meetings to increase representation of the disability community and raise
awareness about partnership opportunities through community health initiatives.
2.1.4
Inform and educate MCDPH regarding outreach and engagement best practices that are
culturally and linguistically appropriate for the aging community.
2.1.5
As requested, attend quarterly training provided by MCDPH staff in areas such as Public
Health Needs Assessment, health equity and public health programs, adaptive leadership,
Maricopa County data and health equity, and motivational interviewing and others as
identified by community partners and grantees.
2.2 Reporting
2.2.1
MCDPH shall require quarterly reporting on a template that will be provided to Contractor.
2.2.2
Provide reports quarterly with both narrative updates (progress toward deliverables,
successes achieved during the preceding quarter, and challenges encountered) as well as
metrics identified by contractor in original proposal.
2.2.3
Other reporting may be necessary as agreed upon by Contractor and MCDPH.
2.3 Refrain from purchasing the following Unallowable Expenses:
2.3.1
Any type of food or beverage, including bottled water
2.3.1.1 Projects that involve food distribution, food harvesting or community gardens
are also not allowable.
2.3.2
Any type of gift card, stipend, lottery ticket, or any other type of cash incentive; any costs
associated with entertainment activities
2.3.3
Incentives for participants to attend events or meetings
2.3.4
Any type of alcohol or tobacco products, including vape materials
2.3.5
Vehicles or capital assets
2.3.6
Lobbying, advocating for legislation or educating the community about how to advocate
for legislation
2.3.7
Legal services or legal fees
2.4 Certain costs are allowable within the following criteria:
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2.4.1
Alteration & Renovation (A&R) – while purchase of land or property is not allowable,
the alteration and/or renovation of existing property is allowable if the following criteria
are met:
2.4.1.1 Grant budget for A&R does not exceed $150,000.
2.4.1.2 The building has a useful life consistent with program purposes and is
architecturally and structurally suitable for conversion to the type of space
required.
2.4.1.3 The A&R is essential to the purpose of the grant-supported project or program.
2.4.1.4 The space involved will be occupied by the project or program.
2.4.1.5 The space is suitable for human occupancy before A&R work is started except
where the purpose of the A&R is to make the space suitable for some purpose
other than human occupancy, such as storage.
2.4.1.6 For minor A&R, if the space is rented, evidence is provided that the terms of the
lease are compatible with the A&R proposed and cover the duration of the
project period.
2.4.1.7 If the A&R will affect a site listed in (or eligible for inclusion in) the National
Register of Historic Places, the requirements specified in “Preservation of
Cultural and Historic Resources” have been followed. Costs associated with this
compliance are allowable.
2.4.2
Equipment
2.4.2.1 Computers, printers, technology infrastructure and other technology
requirements are allowable expenditures.
2.4.2.2 Purchase of any construction equipment (heavy equipment such as backhoes,
forklifts, etc. but also smaller gardening equipment such as shovels, rakes, etc.)
are not allowable. If a project necessitates use of these items, rental or lease
agreements may be considered on a case-by-case basis.
2.4.2.3 Purchase and/or repair of wheelchairs or other assistive equipment is allowable.
2.4.3
Staff salaries/fringe costs are allowable if most of the staff time is spent working on
project implementation or system change costs and not offering direct services to
customers. For example, a case manager who is working to provide rental and utility
payments to customers would not be allowable but a staff person who is working to
implement program changes to ensure that minoritized communities have equal access to
rental and utility resources would be allowable.
2.5 Contractor may budget up to 10% for Indirect Costs.
2.6 Complete and invoice for all work by May 31, 2024.
2.7 Understand and comply with all federal requirements related to funding source. Chosen recipients
awarded a contract will be considered a subrecipient, which entails a higher level of compliance
monitoring. Subrecipients should account for at least one site visit per year, monthly virtual
compliance monitoring, and ongoing engagement with the MCDPH Compliance team when
completing budget projections. Any costs incurred for these additional activities must be included in
the total proposed budget and all proposed costs are subject to negotiation prior to award as well as to
audit reviews upon invoice submission.
Page 23 of 27
Contractor’s Response
To be inserted here
Page 24 of 27
EXHIBIT C
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County Contract
Administrator.
2.0
Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District
(County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA)
domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to
determine rates (no exceptions): (www.gsa.gov).
2.1
Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be
reimbursed. They should be included in the contractor’s hourly rate as an overhead charge.
2.2
The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or
incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when
preapproved in writing by the County Contract Administrator as a result of the business need of the
County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the time
of contract signing) will be reimbursed. Under no circumstances will the County reimburse for
airfares related to transportation to or from an alternate site.
3.3
The County will not (under no circumstances) reimburse for Contractor guest commercial air travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip,
not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same
travel period will not be permitted without prior written approval by the County Contract Administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor.
The County will not reimburse contractor if the contractor chooses to purchase this coverage.
4.2
Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is
necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain pre-
approval in writing from the County Contract Administrator prior to rental of a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted prior to
securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH;
shuttles, etc. that can transport the contractor to and from County buildings with minimal costs.
4.4
County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking
will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from
the airport.
4.5
The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s)
or other any transportation costs.
5.0
Contractor is responsible for all costs not directly related to the travel except those that have been pre-
approved by the County Contract Administrator. These costs include (but not limited to) the following: in-
room movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel,
fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees,
and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not
reimbursable.
Page 25 of 27
6.0
Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual
contracts.
7.0
Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per
diem expenses, and if applicable with a copy of the written consent issued by the Contract Administrator. No
travel and per diem expenses shall be paid by County without copies of the written consent as described in
this policy and copies of all receipts.
Page 26 of 27
EXHIBIT D
INFORMATION PERTAINING TO NOTICE OF AWARD FOR SUBRECIPIENTS
OF GRANT FUNDS (2 CFR 200.332)
§ 200.332 Requirements for pass-through entities. All pass-through entities must: (a) Ensure that every subaward is clearly
identified to the subrecipient as a subaward and include the following information at the time of the subaward and if any of these
data elements change, include the changes in subsequent subaward modification. When some of this information is not available,
the pass-through entity must provide the best information available to describe the Federal award and subaward.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd
Prime Awardee:
Maricopa County Department of Public Health
DUNS # and Unique Entity Identifier #:
602062515 LM85MG1513K5
Federal Award Identification Number (FAIN):
NH75OT000011
Subrecipient’s Name
(which must match the name associated with its unique entity identifier):
ABC Organization
Subrecipient's Unique Entity Identifier (UEI #)
(or DUNS # if UEI is not available):
Preferably their UEI # rather than their DUN’s #
Federal Award Date
Date of award to the recipient by the Federal agency:
5/26/2021
Subaward Period of Performance
Start and End Date:
1/25/2023 – 5/31/2024
Subaward Budget Period
Start and End Date:
1/25/2023 – 5/31/2024
Amount of Federal Funds Obligated by this Action by the
pass-through entity to the Subrecipient
(this is normally the contract amount):
Total of this subcontract
Total Amount of Federal Funds Obligated to the
Subrecipient by the pass-through entity (including the current
financial obligation):
Total of this subcontract
Total Amount of the Federal Award committed to the
Subrecipient by the pass-through entity:
Federal Award Project Description, as required to be responsive
to the Federal Funding Accountability and Transparency Act (FFATA):
COVID-19 Health Improvement Plan for Maricopa
County
Name of Federal Awarding Agency:
Department of Health & Human Services
CDC Office of Financial Resources
Pass-through Entity and contact information for awarding
official (AO) of the Pass-through Entity:
Maricopa County Department of Public Health
Mr. Max Porter, Executive Director
maxporter@mail.maricopa.gov 602-506-6641
Assistance Listings number and Title - the pass-through entity
must identify the dollar amount made available under each Federal award
and the Assistance Listings Number at time of disbursement:
93.391
Identification of whether the award is R&D:
No
Indirect cost rate for the Federal award (including if the de
minimis rate is charged) per § 200.414:
10%
Page 27 of 27
EXHIBIT E
CDC’s General Terms and Conditions for Non-Research Grant and Cooperative
Agreements (rev 08/21)
https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf
General-Terms-and-
Conditions-Non-Res