IGA WITH CITY OF SURPRISE FOR SHELTER SERVICES.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SURPRISE
Contract Number:
Contract Amount: $ 100,000
Contract Start Date: July 1, 2019
Contract Termination Date: June 30, 2020
DUNS Number: 021648936
This Intergovernmental Agreement (IGA) for Services (“Agreement”) is entered into by and between City of
Surprise, (hereinafter referred to as the “Contractor”), and Maricopa County, administered by its Human
Services Department, (hereinafter referred to as the “County”). The Contractor and County may be collectively
referred to herein as the “Parties” and individually as the “Party.”
WHEREAS, the County is empowered by Arizona Revised Statutes §§ 11-251 and 11-952 et seq. to enter into
this Agreement and has delegated the undersigned the authority to execute this Agreement on behalf of the
County.
WHEREAS, the Contractor is empowered by Arizona Revised Statutes §§ 9-240, 9-500.11, 11-952 and 46-241
et seq. to enter into this Agreement, and has by resolution, delegated the undersigned the authority to execute
this Agreement on behalf of the Contractor.
The Contractor, for and in consideration of the covenants and conditions set forth in this Agreement, shall
provide and perform the services set forth herein. All rights and obligations of the Parties shall be governed by
the terms of this Agreement, its Exhibits, Attachments, and Appendices, including any Subcontracts,
Amendments, or Change Orders as set forth herein and in:
Section I – General Provisions
Section II – Special Provisions
Section III – Work Statement
Section IV – Compensation
Section V – Attachments
Section VI – Exhibits
Contractor Rep: Seth Dyson, Human Service & Community Vitality Director
Phone: Direct: 623-222-1620 Cell: 480-798-5162
Address: 15832 N. Hollyhock Street, Surprise, AZ 85378
E-Mail: Seth.Dyson@surpriseaz.gov
Maricopa County: Rachel Milne, Assistant Director
Phone: 602-372-1528
Address: 234 North Central, Suite 3000, Phoenix, AZ 85004
E-Mail: Rachel.Milne@maricopa.gov
Notices under this Agreement shall be given by personal delivery or by registered or certified mail postage
prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective three
(3) days after being mailed, unless otherwise indicated in the notice.
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This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in any
lawsuit brought against the State of Arizona, the County, or the Contractor in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
CITY OF SURPRISE MARICOPA COUNTY
______________________________________ _____________________________________
Mayor Chairman, Board of Supervisors
______________________________________ _____________________________________
Date Date
Attested to: Attested to:
_____________________________________ ______________________________________
City Clerk Date Clerk, Board of Supervisors Date
In accordance with A.R.S. §§ 11-952, this agreement has been reviewed by the undersigned attorney(s) who
has determined that this Agreement is in proper form and within the power and authority granted under the
laws of the state of Arizona.
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________________ _____________________________________
City Attorney Date Deputy County Attorney Date
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SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
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Section I General Provisions
1.0 PURPOSE
The purpose of this Agreement is for the Contractor to provide services to include temporary emergency
shelter services. The County shall provide funding to the Contractor for service delivery. The funding for
services shall be on a reimbursement basis to the Contractor. Services eligible for reimbursement are
identified in Section III, Work Statement.
2.0 TERM/EFFECTIVE DATE/RENEWAL LIFE OF THE AGREEMENT
2.1 The term of this is Agreement is from July 1, 2019 to June 30, 2020. The Agreement is effective
when executed by all of the Parties. The Agreement may be extended for three (3) additional
one-year terms, upon written agreement by the Parties.
2.2 The Contractor shall not provide services prior to Agreement term commencing or after the
end date of the Agreement. (No billable activity outside of the effective dates).
2.3 Upon execution of this Agreement and incurring allowable expenses within the Agreement
term, the Contractor shall invoice the County per Section IV, Compensation, under this
Agreement.
3.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties.
4.0 TERMINATION
4.1 Pursuant to A.R.S. §38-511, the Parties may cancel this Agreement without penalty or further
obligation within three years after execution of the Agreement, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the
Party is at any time while the Agreement or any extension of the 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 the Agreement with respect to the subject matter of the Agreement. Additionally,
pursuant to A.R.S § 38-511 the Party may recoup any fee or commission paid or due to any
person significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the Party from any other Party to the Agreement arising as the result
of the Agreement.
4.2 Either Party may terminate this Agreement at any time by giving the other Party at least sixty
(60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under
the Availability of Funds provision). The notice shall be given by personal delivery or by
registered or certified mail, postage prepaid and returned receipt requested to the persons at the
addresses set forth on page one of this Agreement.
4.3 This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
4.4 The County has the right to terminate this Agreement upon twenty-four (24) hour notice when
the County deems the health or welfare of the service recipients are endangered or Contractor’s
non-compliance jeopardizes funding source financial participation. If not terminated by one of
the above methods, this Agreement will terminate upon the expiration of the term of this
Agreement stated on the Page One of this Agreement.
4.5 In accordance with 2 CFR § 200, et seq., County may suspend or terminate this Agreement if
Contractor violates any term or condition of this Agreement or if Contractor fails to maintain a
good faith effort to carry out the purpose of this Agreement.
4.6 Either Party may terminate this Agreement for convenience in accordance with 2 CFR § 200, et
seq.. The Parties shall agree upon the termination conditions including the effective date of the
termination. The Party initiating the termination shall notify the other Party in writing stating the
reasons for such termination.
4.7 The County may, by written notice of default to the Contractor, terminate this contract in whole
or in part if the Contractor fails to:
4.7.1 Perform the services within the time specified in this Agreement or any extension;
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Section I General Provisions
4.7.2 Make progress, so as to endanger performance of this Agreement; or
4.7.3 Perform any of the other provisions of this Agreement.
4.8 The County’s right to terminate this Agreement may be exercised if the Contractor does not
cure such failure within 10 days (or more if authorized in writing by the County) after receipt of
the notice from the Director specifying the failure.
5.0 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
5.1 Notice is given that pursuant to A.R.S. § 38-511 Parties may cancel this Agreement 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 such Party is at any time while the Agreement or any extension of the 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 the Agreement with respect to the subject matter of the Agreement.
Additionally, pursuant to A.R.S § 38-511 either party 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 said party from any other party to the Agreement arising as the
result of the Agreement.
6.0 EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement is in conflict with the General Provisions
or the Special Provisions, the Work Statement shall control. To the extent that the Compensation
Provisions are in conflict with the General Provisions, Special Provisions, or Work Statement, the
Compensation Provisions shall control. Nothing herein shall operate to increase the Operating Budget
without a written amendment thereto.
7.0 DEFINITIONS
As used throughout this Agreement, the following words and terms shall have the following meanings:
7.1 Assistant Director means the means the Assistant Director of the Community Services
Division of the Maricopa County Human Services Department.
7.2 Department means the Maricopa County Human Services Department.
7.3 Director means the Director of the Maricopa County Human Services Department.
7.4 Division means the Community Services Division (CSD) of the Maricopa County Human
Services Department.
7.5 Equipment means all vehicle, furniture, machinery, electronic data processing (EDP)
equipment, software and all other equipment costing $5,000 or more, including all normal and
necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight,
installation, assembly and testing charges, etc.), and with a useful life of greater than one year.
Equipment as used herein does not include real property (e.g., land, building, structures, or
facilities’ improvement).
7.6 Subcontract means any Contract/Agreement entered into by the Contractor with a third party
for performance of any of the work or the provision of any of the services under this Agreement.
7.7 Subcontractor means an entity employed by or funded through the Contractor to perform any
of the work or provide any of the services under this Agreement.
7.8 Vulnerable Adult means an individual who is eighteen years of age or older and who is unable
to protect himself from abuse, neglect or exploitation by others because of a physical or mental
impairment. Vulnerable adult includes an incapacitated person as defined in A.R.S. 14-5101.
7.9 Work Statement means Section III of this Agreement, which describes the services to be
delivered under this Agreement.
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Section I General Provisions
8.0 GENERAL REQUIREMENTS
8.1 The terms of this Agreement shall be construed in accordance with Arizona law. Any lawsuit
arising out of this Agreement shall be brought in the appropriate court in Maricopa County,
Arizona.
8.2 The Contractor shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services and perform work under this Agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance, and workers’
compensation.
8.3 The Contractor is an independent contractor in the performance of all work and the provision
of all services under this Agreement and Contractor shall not be considered an officer, employee,
representative, or agent of the County.
8.4 The Contractor shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust or other organization that has a substantial interest in Contractor's
organization or with which Contractor (or any of its directors, officers, owners, trust certificate
holders or a relative thereof) has a substantial interest, unless Contractor has made full written
disclosure of the proposed payments to the County and has received written approval therefore.
8.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S. § 38-502.
9.0 SUBCONTRACTING
No right, liability, obligation or duty under this Agreement may be assigned, delegated or
subcontracted, in whole or in part, without the prior written approval of the County. Contractor shall
bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or
in part, unless the County agrees otherwise.
10.0 AVAILABILITY OF FUNDS
10.1 The provisions of this Agreement relating to the payment for services shall become effective
when funds assigned for the purpose of compensating the Contractor, as provided herein, are
actually available to the County for disbursement. The Director 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.
10.2 If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection
with this Agreement, the Parties may amend, suspend, decrease or terminate its obligations under
or in connection with this Agreement. In the event of termination, the Parties 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 Parties
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.
11.0 BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the expiration
date of this Agreement. Requests for financial adjustments to this Agreement shall be supported by
appropriate documentation. If the County agrees to the budget adjustments, the County shall follow
section 3.0 of this Agreement to amend this Agreement.
12.0 DISPUTES
12.1 Except as may otherwise be provided for in this Agreement, the Parties may attempt to
informally resolve any dispute arising out of this Agreement for a reasonable period of time,
which shall not exceed one hundred twenty (120) days. Disputes which are not resolved in
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Section I General Provisions
that time period, shall be submitted in accordance with the following formal dispute resolution
process.
12.2 If a dispute cannot be resolved informally, the Contractor shall notify the Department in
writing by mailing notice of the dispute to the Assistant Director within ten (10) working days
from expiration of the informal dispute resolution process described in paragraph 1 above.
The Assistant Director, as applicable, shall respond in writing to the Contractor within
fourteen (14) working days of receipt of the Contractor’s written notice. The decision of the
Assistant Director shall be final and conclusive unless, within seven (7) working days from the
date the Contractor receives the decision, Contractor with a written response within fourteen
(14) working days following receipt of the Contractor’s notice of appeal. The decision of the
Director shall be final.
12.3 Pending a final decision of the Director, the Contractor shall proceed diligently with the
performance of this Agreement in accordance with the Assistant Director’s decision.
13.0 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 provision hereof, and the remaining provisions shall remain in
full force and effect.
14.0 STRICT COMPLIANCE
The County’s acceptance of Contractor’s performance that is not in strict compliance with the terms of
this Agreement shall not be deemed to waive the requirements of strict compliance for all future
performance. All changes in performance obligations under this Agreement shall be in writing and signed
by both Parties.
15.0 NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or omission
by Contractor, or any Subcontractor or any officer, representative, agent, or employee of the Contractor
or any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts
made by Contractor, any Subcontractor, or any officer, representative, agent, or employee of Contractor
or any Subcontractor, in connection with this Agreement.
16.0 INDEMNIFICATION
16.1 Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party
(as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising
out of the negligent performance of this Agreement, but only to the extent that such claims
which result in vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees, or volunteers.
16.2 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.
16.3 The scope of this indemnification does not extend to the sole negligence of County.
17.0 INSURANCE REQUIREMENTS
17.1 Contractor, 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++6. 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 said insurance companies meet the approval of County. The form
of any insurance policies and forms must be acceptable to County.
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Section I General Provisions
17.2 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 Agreement is satisfactorily completed
and formally accepted. Failure to do so may, at the sole discretion of County, constitute a
material breach of this Agreement.
17.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or
self-insurance maintained by County shall not contribute to it.
17.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect coverage afforded under the insurance
policies to protect County.
17.5 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.
17.6 County reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance certificates. County shall not be obligated to review
policies and/or endorsements or to advise Contractor of any deficiencies in such policies and
endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of
County’s right to insist on strict fulfillment of Contractor’s obligations under this Agreement.
17.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall name
County, its agents, representatives, officers, directors, officials and employees as Additional
Insured’s.
17.8 The policies required hereunder, except Workers’ Compensation, 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.
17.9 The Contractor’s policies shall stipulate that the insurance afforded the Contractor shall be
primary insurance and that any insurance carried by the County, its agents, officials, employees
or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S.
§ 41-621 (E).
17.10 Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
17.11 Commercial General Liability:
17.11.1 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 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.
17.12 Workers’ Compensation:
17.12.1 Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor’s employees engaged in the performance of
the work or services under this Agreement; 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.
17.12.2 Contractor waives all rights against County 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 pursuant to this Agreement.
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Section I General Provisions
17.13 Sexual Molestation And Physical Abuse:
17.13.1 When services involve working with these groups of individuals, the insurance
requirements in the 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, Contractor whose
services include working with and/or caring for children/elderly and disabled persons
should have their policies specifically endorsed to include this coverage.
17.14 Commercial General Liability – Occurrence Form:
Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
17.15 The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
17.16 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, employees, 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".
17.17 Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
17.18 Certificates of Insurance:
17.18.1 Upon Agreement execution, Contractor shall furnish the County with valid and
complete certificates of insurance or formal endorsements as required by the
Agreement, issued by 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.
17.18.2 Prior to commencing work or services under this Agreement, Contractor shall have
insurance in effect as required by the Agreement 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 Agreement are in full force and effect.
Such certificates shall be made available to the County upon ten (10) business days.
By signing the agreement page the Contractor agrees to this requirement and failure
to meet this requirement will result in cancellation of agreement.
17.18.3 In the event any insurance policy(ies) required by this Agreement 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.
17.18.4 If a policy does expire during the life of the Agreement, a renewal certificate must be
sent to County fifteen (15) days prior to the expiration date.
17.19 Cancellation and Expiration Notice:
17.20 Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
17.21 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, Contractor shall carry minimum liability
coverage of $2,000,000 each occurrence and provide the County with proof of
coverage.
17.22 Subcontractors:
17.23 Contractor’s certificate(s) shall include all subcontractors as insureds under its policies
or Contractor shall furnish to the State of Arizona separate certificates for each
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Section I General Provisions
subcontractor. All coverages for subcontractors shall be subject to the minimum
requirements identified above.
17.24 Approval:
17.24.1 Any modification or variation from the insurance requirements in any Agreement
must have prior approval from the County whose decision shall be final. Such action
will not require a formal Agreement amendment, but may be made by administrative
action.
17.25 EXCEPTION: In the event the Contractor(s) is a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance.
18.0 SINGLE AUDIT ACT REQUIREMENTS
Contractors in receipt of federal funds through the County are subject to the federal audit requirements
of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.).
Contractor shall comply with 2 CFR 200 Subpart F. Upon completion, such audits shall be made available
for public inspection. Audits shall be submitted to the County within the twelve (12) months following
the close of the fiscal year. Contractor shall take corrective actions within six (6) months of the date of
receipt of the reports. The County shall consider sanctions as described in 2 CFR 200.505 for Contractor’s
in non-compliance with the audit requirements.
19.0 AUDIT DISALLOWANCES
If at any time, County determines that a cost for which payment has been made is a disallowed cost, such
as overpayment, County shall notify the Contractor in writing of the disallowance. The County shall also
state the means of correction, which may be but shall not be limited to adjustment of any future claim
submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed
amount by the Contractor.
20.0 LOBBYING
20.1 Contractor warrants no federal appropriated funds have been paid or will be paid by or on behalf
of the Contractor to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement.
20.2 If any funds, other than federal appropriated funds, have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with any federal contract, grant, loan or cooperative agreement, the Contractor shall
complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in
accordance with its instructions and 31 U.S.C. § 1352.
21.0 RELIGIOUS ACTIVITIES
Contractor warrants that none of its costs and none of the costs incurred by any of its Subcontractors
will include any expense for any religious activity.
22.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or Contractor under this
Agreement shall be used for any partisan political activity, or to further the election or defeat of any
candidate for public office.
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Section I General Provisions
23.0 COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or entity has been employed or retained by it to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent
fee. For breach or violation of this warranty, the County may immediately terminate this Agreement
without liability.
24.0 SAFEGUARDING OF PARTICIPANT INFORMATION
24.1 The Contractor shall observe and abide by all applicable State 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, Department, Attorney
General’s Office or other designated agency as required by the County by the terms of this
Agreement or by law.
24.2 The Contractor shall comply with the requirements of the Arizona Address Confidentiality
Program, A.R.S. § 41-161 et. seq. the Department will advise the Contractor as to applicable
policies and procedures adopted for such compliance.
25.0 RIGHTS IN DATA
The County shall have the use of data and reports resulting from this Agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Either Party shall supply to the
other Party, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
26.0 COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work, but
the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish,
and otherwise use and to authorize others to use, all copyrighted material and all material that may be
copyrighted as a result of this Agreement.
27.0 PATENTS
Any discovery or invention arising out of, or developed in the course of, work under this Agreement shall
be promptly and fully reported to the County for determination as to whether patent protection on such
invention or discovery shall be sought and how the rights in the invention or discovery, including rights
under any patent issued thereon, shall be disposed of and administered, in order to protect the public
interest.
28.0 WARRANTY OF SERVICES
28.1 The Contractor warrants that all services provided hereunder will conform to the requirements
of the Agreement, including all descriptions, specifications and attachments made a part of this
Agreement. The County’s acceptance of services or goods provided by the Contractor shall not
relieve the Contractor from its obligations under this warranty.
28.2 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 Agreement in the manner and to the
same extent as services originally furnished hereunder.
29.0 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
29.1 The Contractor shall, during the term of this Agreement, within 15 days from acceptance, inform
the Assistant Director 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 Agreement. The Contractor’s failure to
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Section I General Provisions
notify the County of any such agreement shall be a breach of this Agreement and the County
may immediately terminate this Agreement without liability.
29.2 The Assistant Director may request, and Contractor shall provide within a reasonable time,
which shall not exceed ten (10) working days, a copy of all such other agreements or grants,
when, in the opinion of the Assistant Director, the award of the agreement or grant may affect
the costs being paid or reimbursed under this Agreement.
29.3 If the Assistant Director determines that the award to Contractor of such other agreements or
grants has affected the costs being paid or reimbursed under this Agreement, the Assistant
Director shall prepare an amendment to this Agreement effecting a cost adjustment. If the
Contractor disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the
"Disputes" section of this Agreement.
30.0 AGREEMENT COMPLIANCE MONITORING/AUDITING
30.1 The County will annually monitor the Contractor's compliance for fiscal and programmatic
performance under the terms and conditions of this Agreement and applicable regulations
promulgated by the U.S. Department of Health and Human Services Office: Administration for
Children and Families, Arizona Department of Economic Security and Maricopa County. On-
site visits for compliance monitoring may be made by the County and/or its grantor agencies at
any time during the Contractor's normal business hours, announced and/or unannounced. For
auditing purposes, the County shall provide Contractor with a 30-day advance notice of
proposed on-site visit. During an on-site visit(s), the Contractor shall make all of its records and
accounts related to work performed or services provided under this Agreement available to the
County for inspection and copying.
30.2 The County shall request information for fiscal monitoring/audit per Office of Management and
Budget (OMB) Uniform Guidance 2 CFR § 200, to include:
30.2.1 Financial Management 2 CFR § 200.302
30.2.2 Internal Controls 2 CFR § 200.303
30.2.3 Bonds 2 CFR § 200.304
30.2.4 Payment and Financial Reporting 2 CFR § 200.305
30.2.5 Cost Sharing or Matching 2 CFR § 200.306
30.2.6 Program Income 2 CFR § 200.307
30.2.7 Revision of Budget and Program Plans 2 CFR § 200.308
30.2.8 Period of Performance 2 CFR § 200.309
30.2.9 Insurance Coverage 2 CFR § 200.310
30.2.10 Record Retention and Access 2 CFR § 200.31
30.2.11 Procurement Standards 2 CFR § 200.318
30.2.12 Indirect Costs 2 CFR § 200.414
30.2.13 Compensation-Personal Services 2 CFR § 200.430
30.2.14 Audit Requirements 2 CFR § 200.501-200.517
31.0 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.
32.0 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
12

Section I General Provisions
are incidental to the performance of the Agreement. The provision applies to work performed by
subcontractors at all tiers.
33.0 GRIEVANCE PROCEDURE
The Contractor shall establish a system through which applicants for and recipients of services may
present grievances and may take appeals about eligibility and other aspects of Contractor's work under
this Agreement. The grievance procedure shall include provisions for notifying the applicants for and
recipients of services of their eligibility or ineligibility for service and their right to appeal to the County
if the grievance is not satisfied by Contractor.
34.0 NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Agreement, shall not in any
way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief. The Contractor shall include this clause in all of its Subcontracts.
35.0 EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant 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 Orders 11375 amending
Executive Order 11246 and implementing regulations at 41 CFR part 60, as well as, Arizona Executive
Order 99-4, which mandates that all persons shall have equal access to employment opportunities.
36.0 FINANCIAL MANAGEMENT
Contractor shall establish and maintain a separate, interest-bearing bank account for money provided
under this Agreement, or shall establish an accounting system that assures the safeguarding and
accountability of all money and assets provided under this Agreement. No part of the money deposited
in the bank account shall be commingled with other funds or money belonging to Contractor. All interest
earned on the account shall be disbursed in a manner specified by the County in accordance with
applicable State and federal regulations. Contractor shall provide a signed bank account agreement
authorizing the County to obtain information about the account. If an accounting system is used, it shall
be in accordance with generally accepted accounting principles.
37.0 RETENTION OF RECORDS
37.1 This provision applies to all financial and programmatic records, supporting documents,
statistical records and other records of Contractor that relate to this Agreement.
37.2 The Contractor shall retain all records related to this Agreement 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 longer. The County, federal and State 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.
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Section I General Provisions
38.0 ADEQUACY OF RECORDS
If Contractor’s books, records and other documents related to this Agreement are not sufficient to
support and document that allowable services were provided to eligible participants, Contractor shall
reimburse the County for the services not supported and documented.
39.0 EQUIPMENT PURCHASES
Procurement of equipment with funds received under this Agreement and for a cost equal to or greater
than $1000, is prohibited under this Agreement.
40.0 MATERIAL AND SUPPLIES
40.1 Material means all property, including equipment, supplies, printing, insurance, and leases of
property but does not include land, a permanent interest in land or real property or leasing space.
40.2 Procurement of equipment with a cost less than $1000 is considered materials and supplies.
40.3 Individual procurements, purchased with funds provided under this Agreement, of less than
$300 require oral price quotations from two (2) or more vendors. The Contractor shall keep and
maintain a record of the vendors’ verbal quotations.
40.4 Individual procurements equal to or in excess of $300 but less than $1000, purchased with funds
provided under this Agreement, are subject to a system of written quotes. Contractor shall keep
and maintain a record of the vendors’ written quotations.
40.5 The Contractor shall take affirmative steps to provide an opportunity for minorities, women,
and small businesses to compete in the procurement of equipment and supplies under this
Agreement.
40.6 If the Contractor is a public agency, Contractor’s own bidding procedures shall govern, as long
as the procurement practices comport with federal law.
41.0 PROPERTY
41.1 Any County property furnished or purchased pursuant to the terms of this Agreement shall be
utilized, maintained, repaired, and accounted for in accordance with instructions furnished by
the County, and title to all such property shall revert to the County upon the expiration or
termination of this Agreement The costs to repair such property are the responsibility of
Contractor within the limits budgeted herein.
41.2 Any Contractor property furnished or purchased pursuant to the terms of the Contract shall be
utilized, maintained, repaired and accounted for by the Contractor. Repair costs of such property
shall be the responsibility of the Contractor.
42.0 IMMIGRATION LAWS AND REGULATIONS
42.1 Federal Immigration and Nationality Act
42.1.1 The Contractor understand and acknowledge the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). The Contractor agrees to comply with the
IRCA in performing under this Agreement and to permit the County to inspect
personnel records to verify such compliance.
42.1.2 By entering into this Agreement, the Contractor warrants 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 Contractor shall
obtain statements from their subcontractors certifying compliance and shall furnish
the statements to the Assistant Director upon request. These warranties shall remain
in effect through the term of the Agreement. The Contractor and their subcontractors
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.
14

Section I General Provisions
42.1.3 The Contractor may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should the County suspect or
find that the Contractor or any of its subcontractors are not in compliance, then the
County may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Agreement for default, and suspension and/or
debarment of the Contractor. All costs necessary to verify compliance are the
responsibility of the Contractor or its subcontractor.
42.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-
verify requirements) and further acknowledges:
42.2.1 That Contractor and its subcontractor, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance
with A.R.S. § 23-214;
42.2.2 That a breach of a warranty under subsection 1 above, shall be deemed a material
breach of this Agreement and the County may immediately terminate this Agreement
without liability;
42.2.3 That the County and any contracting government entity retains the legal right to
inspect the papers and employment records of any Subrecipient or Vendors employee
who works on this Agreement to ensure that the Subrecipient or Vendors is
complying with the warranty provided under subsection 1 above and that the
Subrecipient agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
43.0 DRUG FREE WORKPLACE ACT
Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which
requires that Contractors and grantees of federal funds must certify that they will provide drug-free
workplaces. This certification is a precondition to receiving a grant or entering into this Agreement.
44.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
Contractor shall use the Arizona Taxonomy of Human Services for reporting and contracting purposes.
45.0 EMPLOYMENT DISCLAIMER
45.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint
venture agreement, partnership, or other 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.
45.2 The Contractor agrees that no individual performing under this Agreement on behalf of
Contractor may be considered a County agent, employee, or representative and that no rights of
County civil service, County retirement, or County personnel rules shall accrue to or apply to
any such individual. Contractor 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 such individuals and Contractor shall indemnify, defend and hold harmless
the County with respect thereto.
45.3 The County agrees that no individual performing under this Agreement on behalf of County
may be considered a City agent, employee, or representative and that no rights of City civil
service, City retirement, or City personnel rules shall accrue to or apply to any such individual.
The County 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 such individuals and the County shall indemnify, defend and hold harmless the City
with respect thereto.
15

Section I General Provisions
46.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY,
VOLUNTARY EXCLUSION
46.1 The undersigned, by signing this Agreement, represents that he/she has the authority to bind
Contractor to the terms of this Certification. Contractor, as the primary participant in accordance
with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals:
46.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
46.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been
convicted of or had a civil judgment rendered against them for (1) the 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;
46.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, State, or local) with the commission of any of the offenses enumerated
in subparagraph 2 above; and
46.1.4 Have not, within a three-year period preceding this Start Date of this Agreement, had
one or more public transactions (federal, State, or local) terminated for cause or default.
46.2 The Contractor agrees to 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 Agreement.
47.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
47.1 The Contractor agrees that 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 section 3.908 of the Federal
Acquisition Regulation;
47.2 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; and
47.3 Contractor shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
16

SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services Department
17

Section II Special Provisions
1.0 STANDARDS
Contractor shall perform the work and provide the services as identified in Section III, the Work
Statement, and shall immediately notify the County whenever the Contractor is unable to, or anticipates
an inability to, perform any of the work or provide any of the services required by the terms of this
Agreement.
2.0 FEES AND PROGRAM INCOME
The Contractor shall not impose fees or charges of any kind upon recipient for contracted services.
3.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS
The Contractor shall comply with all applicable laws, rules, and regulations, without limitation, to those
designated within this Agreement.
4.0 IT 508 COMPLIANCE
Unless specifically authorized in the Agreement, any electronic or information technology offered to the
County under this Agreement shall comply with A.R.S.§ 41-3531 and § 41-3532 as may be amended, and
Section 508 of the Rehabilitation Act of 1973, which requires the employees and members of the public
shall have access to 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.
5.0 BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
The Contractor shall comply with, and shall ensure that all Contractor’s employees, independent
contractor, subcontractors, volunteers and other agents comply with, all applicable (current and future)
legal requirements relating to Background Checks for Employment through Central Registry that relate
to Agreement performance:
5.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety
as provisions of this Agreement.
5.2 Contractor shall conduct ADES Central Registry Background Checks on all staff that provide
services under this Agreement.
5.3 The information contained in the Central Registry will be used as a factor to determine staff
qualifications for positions that provide direct service to juveniles or vulnerable adults as
follows:
5.3.1 Any person, their employees or volunteers who apply for a contract with the County;
or
5.3.2 All employees of the Contractor; or
5.3.3 A subcontractor of the Contractor and the subcontractor’s employees; and
5.3.4 Prospective employees of the Contractor or its subcontractor at the request of the
prospective employer.
5.4 Volunteers who provide direct services under this Agreement shall have a Central Registry
Background Check which is to be used as a factor to determine qualifications for volunteer
positions.
5.5 A person who is disqualified because of a Central Registry Background Check may apply to
the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57.
A person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not
entitled to a contract, employment, licensure, certification or other benefit because the person
has been granted a Central Registry exception.
5.6 Before being employed or volunteering in a position that provides direct services under
this Agreement, individuals shall certify on forms provided by ADES whether an allegation of
abuse or neglect was made against them and was substantiated. The completed forms are to
be maintained as confidential.
18

Section II Special Provisions
5.7 A person awaiting receipt of the Central Registry Background Check may provide direct
services to clients after completion and submittal of the Direct Service Position certification
form if the certification states:
5.7.1 The person is not currently the subject of an investigation of child abuse or neglect
in Arizona or another state or jurisdiction; and
5.7.2 The person has not been the subject of an investigation of child abuse or neglect in
Arizona, or another state or jurisdiction, which resulted in a substantiated finding.
The Certification for Direct Service Position form CCA-1228A is located at:
https://des.az.gov/digital-library/direct-service-position-certification-form
5.8 If the Central Registry Background Check specifies any disqualifying act and the person does
not have a Central Registry exception, the person shall be prohibited from providing direct
services under this Agreement.
5.9 The Contractor shall maintain the Central Registry Background Check results and any related
forms or documents in a confidential file for five (5) years after termination of the Agreement.
Background Checks form CCA-1211A can be located on the Arizona Department of
Economic Security website: https://des.az.gov/documents-center?qt-content-tab=0
5.10 The Contractor shall provide verification of Background Check clearance of personnel, if
requested by the County.
6.0 FINGERPRINTING
6.1 The Contractor shall comply with, and shall ensure that all Contractor’s employees,
independent contractor, subcontractors, volunteers and other agents comply with, all
applicable (current and future) legal requirements relating to fingerprinting, fingerprinting
clearance cards, certification regarding pending or past criminal matters, and criminal records
checks that relate to contract performance.
6.2 Applicable legal requirements relating to fingerprinting, certification, and criminal background
checks may include, but are not limited, to the following: A.R.S. §§ 36-594.01, 36-3008, 41-
1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint
clearance cards, certification regarding pending or past criminal matters, and criminal records
checks are hereby incorporated in their entirety as provisions of this Agreement. The
Contractor is responsible for knowing which legal requirements relating to fingerprinting,
fingerprint clearance cards, certifications regarding pending or past criminal matters, and
criminal records checks relate to contract performance.
6.3 To the extent A.R.S. §§ 46-141 is applicable to Agreement performance or the services
provided under this Agreement, the following provisions apply:
6.3.1 Personnel who are employed by the Contractor, whether paid or not, and who are
required or allowed to provide services directly to juveniles or vulnerable adults shall
have a valid fingerprint clearance card or shall apply for a fingerprint clearance card
within (7) seven working days of employment.
6.3.2 Except as provided in A.R.S. § 46-141, this Agreement may be cancelled or terminated
immediately if a person employed by the Contractor and who has contact with
juveniles certifies pursuant to the provisions of A.R.S § 46-141 (as may be amended)
that the person is awaiting trial or has been convicted of any of the offenses listed
therein in the State, or of acts committed in another state that would be offenses in
this State, or if the person does not possess or is denied issuance of a valid fingerprint
clearance card.
6.4 The Contractor shall provide verification of Fingerprint clearance of personnel, if requested by
the County.
7.0 DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION
Funding for activities under this Agreement are provided through federal funds. All Contractors that
receive federal funding must obtain a Data Universal Numbering System (DUNS) number through
19

Section II Special Provisions
http://fedgov.dnb.com/webform The Contractor must also register and remain current with the System
for Award Management (SAM) www.sam.gov/SAM/ a database of basic business information for
contractors that receive federal funds. The Contractor shall provide their DUNS Number to the County.
8.0 CONTRACTOR CHANGES
The Contractor is required to notify the Assistant Director, in writing, within fifteen (15) calendar days,
of any changes in the following:
8.1 The number of staff or the identity of staff funded with this Agreement;
8.2 Agency authorized signatory;
8.3 Agency address, phone, fax or email addresses;
8.4 Person to whom Agreement notices should be sent;
8.5 Any variation of insurance required by this Agreement
9.0 REALLOCATION OF FUNDING
Should additional funds become available during the term of the contract period, the County reserves
the right to allocate these funds and proportionate services in this Agreement. Allocations may be
adjusted based on documented client need, census determinations, or over, under or non-performance
by the Contractor. Any changes to the budget will be made through an Amendment as identified in
section 3.0.
10.0 BUDGET ADJUSTMENTS, CHANGE ORDERS, AND AMENDMENTS
10.1 Contractor’s budget or Work Statement described herein may be revised through a formal
Amendment to the Agreement.
10.2 Budget Adjustments: If changes do not result in an increase or reduction of the total contract
budget amount and result in more than a 10% change in a budget category, changes will take
place with budget Change Orders to be executed, approved and signed by both the
Department Director and Contractor.
10.3 Changes that result in an increase or decrease in the total Agreement budget will require a
formal amendment pursuant to section 3.0 of the General Provisions.
10.4 The Department Director may, at any time, make changes to the general scope of this
Agreement via a written Change Order for any of the following reasons:
10.4.1 Specific program rules, regulations, application procedures; and
10.4.2 Minor work statement revision; and
10.4.3 Administrative requirements such as reporting criteria.
10.5 Any dispute or disagreement resulting from such written changes or budget Change Orders shall
constitute a dispute within the meaning of the dispute clause of the Agreement’s General
Provisions and shall be adjusted accordingly.
11.0 EVALUATION
11.1 The County may evaluate, and the Contractor shall cooperate in the evaluation of, contract
services. Evaluation may assess the quality and impact of services, either in isolation or in
comparison with other similar services, and assess the Contractor’s progress and/or success in
achieving the goals, objectives and deliverables set forth in this Agreement.
11.2 As requested by the County, the Contractor shall participate in program evaluations relative to
impact in support of County goals.
12.0 COOPERATION IN TRAINING, STRATEGIC PLANNING, NEEDS ASSESSMENT,
OUTCOME MEASUREMENT INITIATIVES
The Contractor shall cooperate in needs assessments, strategic planning, training required by Department
and outcome measurement initiatives, as reasonably requested by the County.
20

Section II Special Provisions
13.0 DISALLOWED COSTS
13.1 The cost principles set forth in the Code of Federal Regulations, 48 CFR, Chapter 1,
Subchapter e, Part 31, (October 1, 2011), including later amendments and editions on file with
the Arizona Secretary of State and incorporated by this reference, shall be used to determine
the allowability of incurred costs for the purpose of reimbursing costs under Agreement
provisions that provide for the reimbursement of costs. Those costs which are specifically
defined as unallowable therein will not be submitted for reimbursement by the Contractor and
may not be reimbursed with County funds.
13.2 The Contractor shall follow cost principles as outlined in Office of Management and Budget
(OMB) Uniform Guidance 2 CFR § 200.
14.0 PAYMENT RECOUPMENT
14.1 The Contractor shall reimburse the County upon demand, or the County may deduct from
future payments, the following:
14.1.1 Any amounts received by the Contractor from the County for contract services which
have been inaccurately reported or are found to be unsubstantiated.
14.1.2 Any amounts paid by the Contractor to a subcontractor not authorized in writing by
the County.
14.1.3 Any amount or benefit paid directly or indirectly to an individual or organization not
in accordance with the Substantial Interest section of these terms and conditions.
14.1.4 Any duplicate amounts paid by the County for services covered or reimbursed by
other specific grants, contracts, or payments.
14.1.5 Any amounts expended for items or purposes determined unallowable by the County
upon reimbursement by the County of such costs to the Contractor; see the
“Disallowed Costs” clause of these Special Provisions.
14.1.6 Any amounts paid by the County for which the Contractor’s books, records, and other
documents are not sufficient to clearly substantiate that those amounts were used by
the Contractor to perform Agreement services.
14.1.7 Any amounts received by the Contractor from the County which are identified as a
financial audit exception.
14.1.8 Any amounts paid or reimbursed in excess of the Agreement or service
reimbursement ceiling.
14.1.9 Any payments made for services rendered before the Agreement begin date or after
the Agreement termination date.
14.1.10 Any amounts identified as a financial audit exception.
15.0 RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS
Should program monitoring or application quality assurance review result in findings related to direct
service funds being paid for ineligible individuals or in amounts above allowable program limits, the
Contractor shall repay those funds to the County upon written notification by the Assistant Director.
16.0 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 Agreement.
17.0 RECOGNITION OF COUNTY SUPPORT
Contractor shall give recognition to the County and the funding source for their support when the
Contractor publishes materials or releases public information that is paid for in whole or in part with
funds received by Contractor under this Agreement.
21

Section II Special Provisions
18.0 COMPUTER SOFTWARE POLICY
The Contractor shall comply with Federal copyright laws applicable to software licenses. In addition, all
policies and agreements between the County and the Contractor related to Agreement equipment,
software, internet accessible database system, and access shall be implemented and monitored. Contractor
shall submit an annual inventory of all County provided hardware and software to the Assistant Director.
19.0 CLEAN AIR ACT & CLEAN WATER ACT
The Contractor must be in compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C.1857(h),section 508 of the Clean Water Act (33 U.S.C. 1368)
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
20.0 SUBSTANTIAL INTEREST DISCLOSURE
20.1 The Contractor shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust, or any other organization which has a substantial interest in
Contractor's organization or with which Contractor (or one of its directors, officers, owners,
trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has
made a full written disclosure of the proposed payments, including amounts, to the County.
20.2 Leases or rental agreements of property shall be in writing and accompanied by an
independent commercial appraisal of fair market rental, lease, or purchase value, as
appropriate.
20.3 For the purpose of this Section, "relative" shall have the same meaning as in A.R.S. §38-502
as may be amended.
21.0 RESPONSIBILITY FOR PAYMENTS INDEMNIFICATION
The Contractor shall be responsible for issuing payment for services performed by the Contractor’s
employees, subcontractors, suppliers, or any other third party incurrent in the furtherance of the
performance or the arising out of the Agreement and will indemnify and save the County harmless for
all claims whatsoever out of the lawful demands of such parties. The Contractor shall, at the County’s
request, furnish satisfactory evidence that all obligations of the nature designated above have been
paid, discharged or waived.
22

SECTION III
WORK STATEMENT
Maricopa County
Human Services Department
23

Section III Work Statement
1.0 SCOPE OF WORK
The Contractor shall provide Emergency Shelter Services for homeless persons in the Northwest
Valley and shall comply with the following service requirements:
1.1 Facility
1.1.1 Operate a shelter facility(ies) to serve people experiencing homelessness
1.1.2 Comply with applicable state and local zoning, fire, environmental, health and safety
standards and regulations.
1.1.3 Ensure facility is safe, secure, clean, in good repair, and building has proper ventilation
and heating/cooling systems.
1.1.4 Ensure clients have access basic needs and access to services Maintain a fire safety
and emergency evacuation plan for clients, staff and volunteers.
1.1.5 Showers availability is preferred but not required.
1.1.6 Ensure that appropriate training/access to first aid equipment and supplies are
available in case of a medical emergency.
1.1.7 Maintain adequate staff to provide for the supervision and wellbeing of clients at all
times.
1.1.8 Provide equal access per American with Disabilities Act to programs and services for
individuals with disabilities in compliance with the Americans with Disabilities Act.
Contractor shall provide reasonable accommodation for clients in the following
categories: visual impairments, hearing impairments, mobility impairments and/or
mental impairments.
1.1.9 Contractor shall comply with Fair Housing Act.
1.2 Implementation
1.2.1 Begin sheltering clients a minimum of 2 nights a week within 3 months of contract
start with the ability /capacity to serve twelve individuals per night.
1.2.2 Provide shelter clients a minimum of 4 nights a week within 6 months of contract
implementation and maintain or increase that level of services for the remainder of
the contract year.
1.3 Administration
1.3.1 Maintain a daily census of residents in the facility using the Homeless Management
Information System (HMIS) database collection system.
1.3.2 Hiring, managing, training, and terminating staff as necessary, in accordance with
Contractor’s established policy and procedures.
1.3.3 Ensuring staff training commensurate with role and responsibility.
1.3.4 Maintain a policy manual that includes; the program mission and goals, shelter
policy and procedures, population served, case management policy and procedures,
non-discrimination policy, fingerprinting procedure, confidentiality statement, rules
and procedures and client termination policies.
1.3.5 Maintain a daily census of residents in the facility using the Homeless Management
Information System (HMIS) database collection system.
1.3.6 Providing client level records to the County including HMIS data records through
the HMIS system and in accordance with approved Continuum of Care (CoC) data
sharing policies and procedures.
1.3.7 Report any incidents that may involve a liability issue or may leave the County open
for public scrutiny by contacting the Assistant Director as soon as possible
following occurrence/notification.
1.3.8 Maintain a log of any client whose personal items are stored on site, if applicable.
1.4 Case Management
1.4.1 Establish and maintain eligible homeless certification within 72 hours of entry.
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Section III Work Statement
1.4.2 Provide written policies and procedures for Case Management program including
eligibility criteria, enrollment and assignment protocols.
1.4.3 Documents for housing readiness and coordination are collected and maintained for,
at minimum, all clients enrolled in Case Management service.
1.5 Program Reports
1.5.1 Contractor’s monthly payment request for reimbursement is due on the 15th day
following the end of the month being reported (i.e. February 15th for January report)
and will include:
1.5.1.1 Contract Payment Request
1.5.1.2 HMIS 0323 Demographic Report
1.5.1.3 HMIS 0550 Exit Destination Report
1.5.1.4 CSBG Report (Attachment A)
1.5.2 Contractor will provide any other report as requested by the County including
aggregate or client level data, through the HMIS System and according to approved
CoC Data Sharing agreements. Such reporting shall be for the purposes of improving
access to service. MCHSD reserves the right to add, remove or revise reporting
requirements at its discretion.
1.5.3 Contractor will provide read only access to the project in HMIS for the purpose of
monitoring client files no more than once per quarter. Contractor is responsible for
notifying HMIS Lead Agency and granting access to Funder within 3 business days
of monitoring notice.
1.6 Collaboration efforts
1.6.1 Collaborate with other West Valley cities to provide shelter services.
1.6.2 Partner with other service providers to ensure that a diverse array of services is
available to clients.
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SECTION IV
COMPENSATION
Maricopa County
Human Services
26

Section IV Compensation
1.0 COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth in this
Agreement, County shall pay the Contractor compensation for services rendered.
2.0 REIMBURSEMENT
2.1 Effective July 1, 2019 through June 30, 2020, Contractor shall be reimbursed as set forth
under this Agreement.
2.2 During the term of this Agreement, the maximum amount of compensation due to the
Contractor from the County, for any and all services performed by the Contractor for the
obligations and duties herein, shall not exceed the amount(s) in Attachment B.
3.0 COST REIMBURSEMENT
3.1 Monthly Payments shall be made to the contractor upon receipt of the following
documentation:
3.2 Expenses for the Surprise West Valley shelter operating costs will be directly reimbursed for
12 months.
3.3 Documentation Required is due by the 15th calendar day of the following month.
3.4 The Contractor shall submit a monthly Payment Request using the attached Financial Claim
Form to MCHSD/CDD before payment(s) can be made by the County.
3.5 Sufficient backup shall also be attached to the Claim, such as a General Ledger or detailed
Expenditure Report, with the included charges circled or highlighted.
3.6 Contractor shall submit the final fiscal year invoice (June’s invoice) no later than July 15th.
3.7 Submit all reports to: Maricopa County Human Services Department, Community
Development Division Attn: Assistant Director, 234 N. Central Avenue, Suite 3000,
Phoenix, AZ 85004. At the County’s discretion, reports may be emailed by the Contractor
upon receipt of specific County contact information.
3.8 The County shall reimburse the Contractor on a net “0” payment standard.
4.0 FUNDING
4.1 The Catalog of Federal Domestic Assistance (CFDA) is a government-wide collection of
Federal programs, projects, services, and activities that provide assistance or benefits to the
American public. The CFDA contains financial and nonfinancial assistance programs
administered by departments and establishments of the Federal government.
4.2 Activities and programs to be administered under this Agreement shall be funded through
the following CFDA funds:
4.2.1 93-569 Community Services Block Grant (CSBG)
4.3 Subject to the availability and authorization of funds, the anticipated funding for this
Agreement is $100,000
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SECTION V
ATTACHMENTS
Maricopa County
Human Services Department
28

Section V Attachments
ATTACHMENT A – CSBG Reporting Requirements
Community Service Bock Grant (CSBG) Report
Module 3, Section B: Community National Performance Indicators (CNPIs)
Housing Indicators
CSBG Goal #2: Communities where people with low incomes live are healthy and offer economic
opportunity
Counts of Change for Housing Indicators
CNPI 4c Number of shelter beds created in the identified community.
CNPI 4d Number of shelter beds maintained in the identified community.
Rates of Change for Housing Indicators
CNPI 4i Percent increase of shelter beds in the identified community.
Module 4, Section A: Individual and Family National Performance Indicators
Housing Indicators
Goal 1: Individuals and Families with low-incomes are stable and achieve economic security
FNPI 4a The number of households experiencing homelessness who obtained safe temporary shelter.
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Section V Attachments
ATTACHMENT B
OPERATING BUDGET
BUDGET
CONTRACT SERVICE: Surprise IHELP Shelter CONTRACT PERIOD: 7/1/19 - 6/30/20 NAME: City of Surprise
III. PROFESSIONAL AND OUTSIDE SERVICES
TOTAL COUNTY
ITEM BASIS COST COST
IHELP Shelter Provider $100,000.00 $100,000.00
TOTAL: $100,000.00 $100,000.00
TOTAL DIRECT COST: $100,000.00 $100,000.00
SUBTOTAL ADMIN COST: $0.00 $0.00
TOTAL SERVICE COST: $100,000.00 $100,000.00
30