DIOCESAN COUNCIL FOR THE SOCIETY OF SAINT VINCENT DE PAUL.PDF

AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
DIOCESAN COUNCIL FOR THE SOCIETY
OF ST. VINCENT DE PAUL
Agreement No.: C-22-21-125-X-00
Agreement Amount: $387,782
Agreement Start Date: June 9, 2021
Agreement Termination Date: September 30, 2021
1.0 PARTIES
1.1 This Agreement is a financial agreement (“Agreement”) between Diocesan Council
for the Society of St. Vincent de Paul, an Arizona non-profit corporation and
community-based organization (“Contractor”) and Maricopa County administered
by its Human Services Department (“County”) for weather relief accommodations
for individuals experiencing homelessness (“Clients” or “Service Recipients”) at the
St. Vincent de Paul Watkins Hall of Banners, 420 West Watkins Avenue, Phoenix,
Arizona 85003 (“Location”). The Contractor and the County collectively are
referred to in this Agreement as the “Parties” and individually as a “Party.”
1.2 Maricopa County is authorized to enter into this Agreement under A.R.S. §§ 11-
201 and 11-254.04.
1.3 All rights and obligations of the Parties shall be governed by the terms of this
Agreement and its exhibits, attachments, and appendices, including any
Subcontracts, Amendments, or Change Orders as set forth in this Agreement.
2.0 PURPOSE
The purpose of the Agreement is to provide weather relief accommodations at the
Location to men and women experiencing homelessness.
3.0 TERM
3.1 The Agreement shall be start on June 9, 2021 and terminate on September 30,
2021.
3.2 The Agreement shall become effective upon approval and signature by both
Parties.
4.0 AGREEMENT RENEWAL
The Agreement may be renewed by a written agreement six times for a period of three
months each, provided however that Contractor is in full compliance with all terms and
conditions of this Agreement.
5.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
6.0 TERMINATION
6.1 The Parties may mutually or unilaterally terminate or cancel this Agreement after
providing the appropriate notice, as defined in the following subsections.
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6.2 Generally, termination shall become effective after at least sixty (60) calendar days
prior written notice delivered by personal delivery or registered or certified mail,
postage prepaid and return receipt requested, to the persons at the addresses set
forth in Section 13.0 (Notices) of this Agreement (“General Termination Notice”).
6.3 The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County determines that the health or welfare of County employees
or Service Recipients are endangered or that the Contractor’s non-compliance
jeopardizes funding source financial participation. Notice under this term shall occur
in the same manner as required under the General Termination Notice, see
Subsection 6.2 above.
6.4 Additional termination provisions are contained in Section 8.0 (Availability of Funds).
6.5 Under A.R.S. §38-511, the County may cancel this Agreement at any time without
penalty or further obligation within three years after execution of this Agreement if
any person significantly involved in initiating, negotiating, securing, drafting or
creating this Agreement on behalf of the County is, at any time while the Agreement
or any extension of this Agreement is in effect, an employee or agent of any other
party to the Agreement in any capacity or consultant to any other party of this
Agreement with respect to the subject matter of this Agreement. Cancellation
pursuant to A.R.S. § 35-511 is effective when written notice from the County is
received by the Contractor unless the notice specifies a later time (“Conflict
Cancellation Notice”). Notice under this term shall occur in the same manner as
required under the General Termination Notice, see Section 6.2 above. 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 this Agreement on behalf of the County from any other Party to this
Agreement arising as the result of this Agreement.
6.6 If not terminated or cancelled pursuant to one of the above terms, then this
Agreement shall terminate upon the expiration of the term stated on page 1 of this
Agreement or any extended term described in Section 4.0 (Agreement Renewal).
7.0 FUNDING
7.1 The funds under this Agreement shall not exceed the amount listed on page 1 of
this Agreement. The County will pay the Contractor for weather relief
accommodation services for individuals experiencing homelessness, as identified
in Section 9.0 (Contractor Responsibilities).
7.2 Operations costs for staff, security, and supplies will be reimbursed at a cost not-
to-exceed $1,014.04 per night where weather relief services are required due to
extreme cold, extreme heat, or rain.
8.0 AVAILABILITY OF FUNDS
8.1 The funding period of availability is June 1, 2021, through September 30, 2021.
8.2 The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for compensating the Contractor, as provided in this
Agreement, are actually available to the County for disbursement. Notwithstanding
any other provisions in this Agreement, every payment obligation of the Parties
under this Agreement is conditioned upon the availability of funds appropriated and
allocated for the payment of such obligations. If funds are not appropriated,
allocated, and available, or if the appropriation is changed by the appropriating body
resulting in funds no longer being available for the continuance of this Agreement,
then this Agreement may be terminated by the Contractor or any other affected
agency of the county or state at the end of the period for which funds are available.
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No liability shall accrue to the affected Party or any other affected agency of the
county or state in the event this provision is exercised, and neither the affected
Party nor any other affected agency of the county or state shall be obligated or
liable for any future payments or for any damages due to termination under this
section.
8.3 The County shall be the sole authority in determining the availability of funds under
this Agreement, and the County shall keep the Contractor fully informed as to the
availability of funds.
8.4 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, this Agreement, then the County may amend, suspend,
decrease, or terminate its obligations under or in connection with this Agreement.
In the event of termination, the County shall be liable for payment only for services
rendered prior to the effective date of the termination, provided that such services
performed are in accordance with the provisions of this Agreement. The County
shall give written notice of the effective date of any suspension, amendment, or
termination under this section at least ten (10) calendar days in advance.
9.0 CONTRACTOR RESPONSIBILITIES
9.1 The Contractor shall provide facility space to provide safe and secure temporary
shelter to Service Recipients in the Contractor’s Location or through agreements
with other organizations (or both) at the Location on evenings when there is
extreme cold, extreme heat, or rain.
9.2 The Contractor shall ensure that weather relief accommodations are properly
staffed and available to Clients.
10.0 RIGHTS IN DATA
The Parties shall have the use of all project data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. The Contractor shall supply to the County, upon written request, information such
as: the number of individuals served on a daily basis; types of services provided to Services
Recipients; and any information that is relevant to this Agreement and to the performance
under it.
11.0 AGREEMENT COMPLIANCE MONITORING
The County shall monitor the Contractor's compliance with, and performance under, the
terms and conditions of this Agreement. On-site visits for compliance monitoring may be
made by the County at any time during the Contractor's normal business hours, either
announced or unannounced. During an on-site visit, the Contractor shall make all of its
records and accounts related to work performed and services provided under this
Agreement available to the County for inspection and copying.
12.0 AUDIT REQUIREMENTS
12.1 In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file
with the County, either:
12.1.1 Audited financial statements prepared in accordance with federal single audit
requirements, or
12.1.2 Financial statements prepared in accordance with generally accepted
accounting principles audited by an independent certified public accountant.
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13.0 NOTICES
Any notices or other communications either required or permitted under this Agreement
shall be in writing and shall be duly given to the Party at the address set forth below:
For Maricopa County: For St. Vincent de Paul:
Scott Hall, Program Manager Jessica Berg, Chief Program Officer
Housing and Community 420 West Watkins Avenue
Development Division Phoenix, Arizona 85003
234 North Central Avenue, 3rd Floor (602) 850-6931
Phoenix, Arizona 85004 JBerg@svdpaz.org
(602) 506-4841
Scott.Hall@Maricopa.gov
14.0 REQUESTS FOR REIMBURSEMENT
14.1 The Contractor shall submit monthly Requests for Reimbursement to the County,
no later than the 15th of each month, for expenditures incurred during the month.
14.1.1 The September 2021 Request for Reimbursement shall be submitted no
later than October 15, 2021.
14.2 All requests for reimbursements shall be submitted to:
HSDFINANCE@MARICOPA.GOV
15.0 EMPLOYMENT DISCLAIMER
15.1 This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind between the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
15.2 Each Party agrees that no individual performing under this Agreement on behalf
of the Party may be considered an agent, employee, or representative of the other
Party, and that no rights reserved for a Party shall accrue to or apply to any such
individual operating on behalf of the other Party. Each Party shall have total
responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’
compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning each Party’s own agents, employees, or representatives.
16.0 SAFEGUARDING OF PARTICIPANT INFORMATION
16.1 The Contractor shall observe and abide by all applicable State of Arizona and federal
statues, rules, and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Contractor shall release
information to the County, and to the Arizona Attorney General’s Office as required
by the terms of this Agreement, by law or upon their request.
16.2 The Contractor shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161 et. seq. The County will advise the
Contractor as to applicable policies and procedures adopted for such compliance.
16.3 The use or disclosure by any Party of any information concerning an applicant for,
or recipient of, services under this Agreement is directly limited to the conduct of this
Agreement. The Contractor and its agents shall safeguard the confidentiality of this
information, just as the Contractor would safeguard its own confidential information.
The Contractor shall include a clause to this effect in all subcontracts related to this
Agreement.
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17.0 INDEMNIFICATION
To the extent permitted by law, the Contractor shall, and shall cause any of its directors,
officers, officials, agencies, boards, departments, committees, commissions, staff,
employees, volunteers, agents, representatives, or subcontractors to, indemnify, defend
save, and hold harmless the County and any jurisdiction or agency issuing any permits for
any work arising out of this Agreement, and their respective directors, officers, officials,
agencies, boards, departments, committees, commissions, staff, employees, volunteers,
agents, and representatives (“Indemnitee”), from and against any and all claims, actions,
liabilities, damages, losses, or expenses (including court costs, attorney fees, and costs
of claim processing, investigation, and litigation) (“Claims”) for bodily injury or personal
injury including death, or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of
the Contractor and any of its subcontractors, or any of the directors, officers, officials,
agencies, boards, departments, committees, commissions, staff, employees, volunteers,
agents, and representatives of the Contractor and any of its subcontractors. This
indemnity includes, but is not limited to, purchases or contracts made by the Contractor,
and, any claims or amounts arising out of or recovered under the Workers’ Compensation
Law or arising out of the failure of the Contractor or any of its subcontractors to conform
to any federal, state, or local laws, statutes, ordinances, rules, regulations, or court
decrees. It is the specific intention of the Parties that the Indemnitee shall, in all instances,
except for Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by the Contractor and any of its subcontractors from and
against any and all claims. It is agreed that the Contractor and any of its subcontractors
will be responsible for primary loss investigation, defense, and judgment costs where this
indemnification is applicable.
18.0 NON-LIABILITY
The County and its directors, officers, officials, agencies, boards, departments,
committees, commissions, staff, employees, volunteers, agents, and representatives shall
not be liable for any act or omission by the Contractor or any and all of its directors, officers,
officials, agencies, boards, departments, committees, commissions, staff, employees,
volunteers, agents, and representatives occurring in the performance of this Agreement,
nor shall the County and its directors, officers, officials, agencies, boards, departments,
committees, commissions, staff, employees, volunteers, agents, and representatives be
liable for purchases or contracts made by the Contractor or any and all of its directors,
officers, officials, agencies, boards, departments, committees, commissions, staff,
employees, volunteers, agents, and representatives in connection with this Agreement.
19.0 INSURANCE
19.1 The Contractor shall purchase and maintain the stipulated minimum insurance
stated in this Agreement from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++6 or better. In lieu
of State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies who are authorized to do business in the State of Arizona,
provided that the insurance company meets or the companies meet the approval
of County. The form of any insurance policies and forms must be acceptable to
County.
19.2 All insurance required in this Agreement shall be maintained in full force and effect
until all work or service required to be performed under the terms of this Agreement
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is satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this Agreement.
19.3 The Contractor’s insurance shall be primary insurance as respects County, and
any insurance or self-insurance maintained by County shall not contribute to it.
19.4 Any failures to comply with the claim reporting provisions of the insurance policies
or any breaches of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect County.
19.5 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
The Contractor shall be solely responsible for the deductible and self-insured
retention and the County, at its option, may require the Contractor to secure
payment of such deductibles and self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
19.6 The County reserves the right to request and to receive, within ten (10) business
days, certified copies of any or all of the insurance certificates required in this
Agreement. The County shall not be obligated to review policies and
endorsements or to advise the Contractor of any deficiencies in such policies and
endorsements, and such receipt shall not relieve the Contractor from, or be
deemed a waiver of, the County’s right to insist on strict fulfillment of the
Contractor’s obligations under this Agreement.
19.7 The insurance policies required by this Agreement, except Workers’
Compensation, shall name the County and its directors, officers, officials,
agencies, boards, departments, committees, commissions, staff, employees,
volunteers, agents, and representatives as Additional Insureds.
19.8 The policies required under this Agreement, except Workers’ Compensation, shall
contain a waiver of transfer of rights of recovery (subrogation) against County and
its directors, officers, officials, agencies boards, departments, committees,
commissions, staff, employees, volunteers, agents, and representatives for any
claims arising out of the Contractor’s work or services.
19.9 The Contractor’s policies shall stipulate that the insurance afforded the Contractor
shall be primary insurance and any insurance carried by the County and its
directors, officers, officials, agencies, boards, departments, committees,
commissions, staff, employees, volunteers, agents, and representatives shall be
excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).
19.10 Coverage provided by the Contractor shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
19.11 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, $2,000,000 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 that would serve to limit third-party action over claims.
There shall be no endorsements or modifications of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property
damage.
19.12 Workers’ Compensation: Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of the Contractor’s
employees engaged in the performance of the work or services under this
Agreement; and Employer’s Liability insurance of not less than $1,000,000 for
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each accident, $1,000,000 disease for each employee, and $1,000,000 disease
policy limit.
19.13 The Contractor waives all rights against the County and its directors, officers,
officials, agencies, boards, departments, committees, commissions, staff,
employees, volunteers, agents, and representatives 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 the
Contractor pursuant to this Agreement.
19.14 Sexual Molestation and Physical Abuse: When services involve working with
Service Recipients, the insurance requirements in this Agreement need to be
revised to include coverage for "sexual molestation and physical abuse." Coverage
for this type of claim, or allegation, is excluded from standard general liability
policies. Therefore, the Contractor, whose serves included working with and caring
for elderly and disabled persons should have its policies specifically endorsed to
include this coverage.
19.15 Commercial General Liability – Occurrence Form: The policy shall include bodily
injury, property damage, and broad form contractual liability coverage.
19.16 The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation. The policy shall be endorsed to include the following additional
insured language: "(Maricopa County), its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, staff,
employees, directors, officers, officials, agencies, boards, departments,
committees, commissions, volunteers, agents, and representatives agents, and
volunteers shall be named as additional insureds with respect to liability arising out
of the activities performed by, or on behalf of the Contractor".
Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
19.17 Certificates of Insurance: Upon Agreement execution, the Contractor shall furnish
the County with valid and complete certificates of insurance or formal
endorsements as required by the Agreement, issued by the Contractor’s insurer(s),
as evidence that policies providing the required coverage, conditions, and limits
required by this Agreement are in full force and effect. Such certificates shall
identify this Agreement number and title.
19.18 Prior to commencing work or services under this Agreement, the Contractor shall
have insurance in effect as required by this Agreement in the form provided by the
County, issued by the Contractor’s insurer(s), as evidence that policies providing
the required coverage, conditions, and limits required by this Agreement are in full
force and effect. Such certificates shall be made available to the County upon ten
(10) business days’ notice. BY SIGNING THE PAGE 12 OF THIS AGREEMENT,
THE CONTRACTOR AGREES TO THIS REQUIREMENT AND FAILURE TO
MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF
AGREEMENT.
19.19 In the event any insurance policies required by this Agreement are written on a
“claims made” basis, coverage shall extend for two years past completion and
acceptance of the Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
19.20 If a policy does expire during the life of this Agreement, then a renewal certificate
must be sent to the County fifteen (15) business days prior to the expiration date.
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19.21 Cancellation and Expiration Notice: Insurance required in this Agreement shall not
be permitted to expire, be canceled, or materially changed without thirty (30)
calendar days prior written notice to the County.
19.22 If the Contractor provides professional or semi-professional personal services
under this Agreement for which malpractice or professional liability coverage is
available, such as medical, psychiatric, or legal services, then the Contractor shall
carry minimum liability coverage of $2,000,000 each occurrence and provide the
County with proof of coverage.
19.23 Subcontractors: The Contractor’s certificates shall include all subcontractors as
insureds under its policies, or the Contractor shall furnish Maricopa County with
separate certificates for each subcontractor. All coverages for subcontractors shall
be subject to the minimum requirements identified above.
19.24 Approval: Any modifications or variations from the insurance requirements in any
policies must have prior approval from the County whose decision shall be final.
Such actions will require a formal amendment to this Agreement.
20.0 COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable laws, rules, and regulations, without
limitation to those designated in this Agreement.
21.0 DRUG FREE WORKPLACE ACT
The Contractor agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §
701, et seq.), which requires that the Contractor and grantees of federal funds certify that it
(they) will provide drug-free workplaces that comply with federal law. This certification is a
precondition to receiving a grant or entering into this Agreement.
22.0 CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, the Contractor shall 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, et seq.), Executive Order 11738, and
Environmental Protection Agency regulations (40 C.F.R. Part 15).
23.0 RELIGIOUS ACTIVITIES
The Contractor warrants that none of its costs and none of the costs incurred by any
subcontractors will include any expense for any religious activities.
24.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
Contractor under this Agreement shall be used for any partisan political activities, or to
further the election or defeat of any candidates for public office.
25.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION
25.1 The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the Contractor to the terms of this Certification. The Contractor
certifies to the best of its knowledge and belief that it and its principals:
25.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
25.1.2 Have not, within a 3-year period preceding the Agreement Start Date, been
convicted of or had a civil judgment rendered against them for (1) the
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commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; (2) the violation of any
federal or state antitrust statutes, or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
25.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in Sub-subsection 25.1.2 above of this certification;
and
25.1.4 Have not, within a 3-year period preceding the Start Date of this Agreement,
had one or more public transactions (federal, state, or local) terminated for
cause or default.
25.2 The Contractor shall immediately notify the County if, at any time during the term of
this Agreement, it is debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in the event
of such occurrences, including immediate termination of this Agreement.
25.3 The Contractor shall not enter into a subcontract or sub-recipient agreement with
any persons or organizations that are debarred, suspended, declared ineligible, or
voluntarily excluded from participation. The County may pursue available remedies
in the event of such occurrences, including immediate termination of this Agreement
without liability.
25.4 The Contractor shall include, without modification, the language of this Certification,
in all agreements with sub-recipients and other subcontractors; in all lower tier
covered transactions, and in all solicitations for lower tier covered transactions in
accordance with 45 C.F.R. Part 76.
25.5 If the Contractor is not able to provide this Certification, an explanation as to why
shall be immediately provided to the County, Attention: Assistant Director
Community Development Division, at the address set forth in Section 13.0 (Notices)
of this Agreement.
26.0 MINIMUM WAGE REQUIREMENTS
The Contractor warrants that it shall pay all its employees who are performing work or
providing services under this Agreement not less than the minimum wage specified under
Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. § 201,
et seq.) by law, regulation or Executive Order 13658, or as required by Arizona law.
27.0 RECOGNITION OF COUNTY SUPPORT
The Contractor shall give recognition to the County and the funding source for its support
when the Contractor publishes materials or releases public information that is paid for in
whole or in part with funds supporting the services under this Agreement.
28.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
28.1 This Agreement and employees working on this Agreement 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
Federal Acquisition Regulation (FAR) 3.908.
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28.2 The 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 FAR 3.908.
28.3 The Contractor shall insert the substance of this clause, including this Section 28.0,
in all subcontracts over the simplified acquisition threshold, as defined in FAR
2.101 on the date of subcontract award.
29.0 EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employees or applicants for employment
because of race, age, disability, color, religion, sex, sexual identity, gender identity, or
national origin. The Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
age, disability, color, religion, sex, sexual identity, gender identity, 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. The
Contractor shall, to the extent such provisions apply, comply with Title VI and VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. § 2000a, et seq.); the Rehabilitation Act
of 1973, as amended (29 U.S.C. § 701, et seq.); the Age Discrimination in Employment
Act of 1967, as amended (29 U.S.C. § 621, et seq.); the Americans With Disabilities Act
of 1990 (42 U.S.C. § 12101, et seq.); and Executive Order 11375 amending Executive
Order 11246 and implementing regulations at 41 C.F.R. part 60, as well as, Arizona
Executive Order 99-4, which mandates that all persons shall have equal access to
employment opportunities.
30.0 DISABILITY REQUIREMENTS
The Contractor agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2532 and 2533 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
31.0 RETENTION OF RECORDS
31.1 This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Contractor that are related
to this Agreement.
31.2 The Contractor shall retain all records relevant to this Agreement for six (6) years
after expiration of the Agreement or after resolution of any audit, whichever is
longer. The County, federal, and State of Arizona auditors, and any other persons
duly authorized by the County, shall have full access to and the right to examine,
copy, and make use of any and all of the records.
32.0 DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert back to the owner.
33.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Contractor is required to use the Arizona Taxonomy of Human Services for reporting
and contracting purposes.
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34.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
34.1 The Parties understand and acknowledge the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). The Parties agree to comply with the IRCA
in performing under this Agreement and to permit the other Party to inspect
personnel records to verify such compliance.
34.2 By entering into this Agreement, the Parties warrant compliance with the Federal
Immigration and Nationality Act (FINA) and all other federal immigration laws and
regulations related to the immigration status of its employees. The Parties shall
obtain statements from their (Sub)contractors certifying compliance and shall
furnish the statements to the other Party upon request. These warranties shall
remain in effect through the term of this Agreement. The Parties and their
(sub)contractors shall also maintain Employment Eligibility Verification forms (I-9)
as required by the U.S. Department of Labor’s Immigration and Control Act for all
employees performing work under the Agreement. I-9 forms are available for
download at USCIS.GOV.
34.3 The Parties may request verification of compliance for any employees or
(sub)contractors performing work under this Agreement. Should either Party
suspect or find that the other Party or any of its (sub)contractors are not in
compliance, then the Party may pursue all remedies allowed by law, including, but
not limited to: suspension of work, termination of this Agreement for default, and
suspension or debarment of the other Party. All costs necessary to verify
compliance are the responsibility of the requesting Party.
35.0 SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provisions of this Agreement and the
remaining provisions shall remain in full force and effect.
36.0 GOVERNING LAW
This Agreement is governed by the laws of the State of Arizona. Venue for any actions or
lawsuits involving this Agreement shall be in Maricopa County Superior Court or in the
United States District Court for the District of Arizona, sitting in Phoenix, Arizona.
37.0 WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
If the Contractor engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Contractor certifies it is not currently
engaging in and agrees for the duration of this Agreement not to 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.
37.0 SURVIVAL
The indemnification, hold harmless, and defense provisions of this Agreement shall have
full force and effect notwithstanding any other provisions in this Agreement and shall
survive the termination, cancellation, or expiration of this Agreement.
38.0 AUTHORIZATION
Each Party warrants to the other Party that the appropriate governing body of the Party
has authorized approval and signature of this Agreement.
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C-22-21-125-X-00
IN WITNESS, the Parties have approved and signed this Agreement:
DIOCESAN COUNSEL FOR THE SOCIETY MARICOPA COUNTY
OF ST. VINCENT DE PAUL
__________________________________ ____________________________________
Signature Date Jack Sellers Date
Chairman, Board of Supervisors
___________________________________ Attestation:
Name & Title
____________________________________
Clerk of the Board Date
Execution of this Agreement has been
authorized by corporate resolution number
__________ dated on ______________.
This Agreement has been reviewed by the
undersigned Attorney who has determined
that it is proper in form and within the power
and authority granted to the County under the
laws of the State of Arizona.
By: _________________________________
Deputy County Attorney
Date
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C-22-21-125-X-00
BUDGET
June 9, 2021 through September 30, 2021
Page 13 of 13