AGREEMENT WITH THE HUMAN SERVICES CAMPUS INC.PDF

CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
HUMAN SERVICES CAMPUS, INC.
Contract No.: _____________________
Contract Not-To Exceed: $3, 042.12
Contract Start Date: January 1, 2019
Contract Termination Date: June 30, 2019
1.0 PARTIES
1.1 This Contract is a financial agreement (“Agreement”) between the Human Services
Campus, Inc., a non-profit, community based organization (hereafter referred to as
“Contractor”) and Maricopa County administered by its Human Services Department,
(collectively referred to as the “County”) for weather relief accommodations for
individuals experiencing homelessness (“Clients” or “Service Recipients”) at the Human
Services Campus (“Campus”) located at 204 South 12th Street in Phoenix, Arizona 85007.
Contractor and the County are collectively referred to herein as the “Parties” and
individually as “Party.”
1.2 Maricopa County is authorized to enter into this Agreement under A.R.S. §§ 11-201, 11-
254.04.
1.3 The Parties shall provide and perform as 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.
2.0 PURPOSE
The purpose of the Agreement is:
2.1 To provide weather relief accommodations to men and women experiencing
homelessness on the Campus.
3.0 TERM
3.1 The Agreement shall be effective January 1, 2019 and will expire on June 30, 2019.
3.2 The Agreement shall become effective upon execution of the last signing Party (“Effective
Date”).
4.0 AGREEMENT RENEWAL
4.1 The Agreement may be renewed by a written amendment three (3) times for a period of
one (1) year each, provided however, that Contractor is in full compliance with all terms
and conditions of this Agreement.
5.0 AMENDMENTS
5.1 All Amendments to this Agreement shall be in writing and signed by authorized signers
for both Parties.
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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.
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 the Notice section
of this Agreement (“General Termination Notice”).
6.3 The County has the right to terminate the 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 the Contractor’s non-compliance jeopardizes funding source
financial participation. Notice under this term shall occur in the same manner as required
under Termination Notice, at Section 6.2, above.
6.4 See also, the Availability of Funds, Section 8, for additional termination provisions.
6.5 Pursuant to A.R.S. § 38-511, a Party may cancel this Agreement at any time 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 that 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. Cancellation pursuant to § 35-511 is effective when written notice from the
cancelling Party is received by the other Party, unless the notice specifies a later time
(“Conflict Cancellation Notice”). Notice under this term shall occur in the same manner as
required under Termination Notice, at Section 6.2, above. Additionally, pursuant to A.R.S §
38-511, the cancelling 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
its behalf from any other Party to the contract arising as the result of the Agreement.
6.6 If not terminated or cancelled pursuant to one of the above terms, the Agreement shall
terminate upon the expiration of the Term of this Agreement.
7.0 FUNDING
7.1 The funds shall be an amount of $3,042.12. The County will pay Contractor an amount
not to exceed $3,042.12 for the Agreement Term for weather relief accommodation
services for individuals experiencing homelessness, as identified in section 9.0.
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 provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for compensating the Contractor, as provided herein, are
actually available to the County for disbursement. Notwithstanding any other provision in
this Agreement, every payment obligation of the Parties under this IGA is conditioned upon
the availability of funds appropriated and allocated for the payment of such obligation. 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 IGA, this IGA may be terminated by the affected Party or any other affected agency of
the County or State at the end of the period for which funds are available. No liability shall
accrue to the affected Party or any other affected agency of the County or State in the
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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 paragraph.
8.2 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.
8.3 If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in
connection with this agreement, 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 Clients in the Contractor’s Facility and/or through agreements with other organizations
on the Campus on evenings where there is extreme cold, heat or rain.
9.2 The Contractor shall ensure that weather relief accommodations are properly staffed and
available to Clients.
9.3 Location where services will be provided:
9.3.1 Human Services Campus
204 South 12th Avenue
Phoenix, AZ 85007
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. Each Party
shall supply to the other Party, upon request, any available information that is relevant to this
Agreement and to the performance hereunder.
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
and/or its grantor agencies at any time during the Contractor's normal business hours, announced
or unannounced. During an on-site visit, the Contractor shall make all of its records and accounts
related to work performed 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,
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12.1.2 Financial statements prepared in accordance with generally accepted accounting
principles audited by an independent certified public accountant.
13.0 NOTICES
For Maricopa County: For Human Services Campus, Inc.:
Scott Hall, Program Manager Amy R. Schwabenlender, Executive Director
Housing and Community Development 204 South 12th Ave
Division Phoenix, AZ 85007
234 North Central, 3rd Floor 602-281-8628
Phoenix, AZ 85004 Amys@hsc-az.org
602-506-4841
Scott.Hall@Maricopa.gov
14.0 EMPLOYMENT DISCLAIMER
14.1 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.
14.2 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.
15.0 SAFEGUARDING OF PARTICIPANT INFORMATION
15.1 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 Attorney’s General’s Office as required by the terms of this Agreement, by law or
upon their request.
15.2 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.
15.3 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.
16.0 INDEMNIFICATION
To the extent permitted by law, the Contractor shall, and shall cause any of its officers, employees,
representatives, agents, contractors, or subcontractors to, indemnify, defend save and hold
harmless the County and any jurisdiction or agency issuing any permits for any work arising out
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of this Agreement, and their respective directors, officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”), from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “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 Contractor and any
of its subcontractors, or any of the directors, officers, agents, or employees of Contractor and any
of its subcontractors. This indemnity includes, but is not limited to, purchases or contracts made
by 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 law, statute, ordinance, rule, regulation or court decree. 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.
17.0 INSURANCE
17.1 The 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.
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 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.
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. The Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require the 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 The County reserves the right to request and to receive, within ten (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 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 County’s right to insist on strict fulfillment of
the Contractor’s obligations under this Agreement.
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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 Insureds.
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 the 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: 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: 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 each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit.
17.13 The 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 the Contractor pursuant to this Agreement.
17.14 Sexual Molestation And Physical Abuse: 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, the
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.
17.15 Coverage for this type of claim, or allegation, is excluded from standard general liability
policies. Therefore, contractors whose services include working with and/or caring for
children/elderly and disabled persons should have their policies specifically endorsed to
include this coverage.
17.16 Commercial General Liability – Occurrence Form: Policy shall include bodily injury,
property damage and broad form contractual liability coverage.
17.17 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, employees, agents, and volunteers
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shall be named as additional insureds with respect to liability arising out of the activities
performed by, or on behalf of the Contractor".
17.18 Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
17.19 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.
17.20 Prior to commencing work or services under this Agreement, the Contractor shall have
insurance in effect as required by the 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. BY
SIGNING THE AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT AND
FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
17.21 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 the Contractor’s work or services and as evidenced by annual Certificates of Insurance.
17.22 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.
17.23 Cancellation and Expiration Notice: Insurance required herein shall not be permitted to
expire, be canceled, or materially changed without thirty (30) days prior written notice to
the County.
17.24 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.
17.25 Subcontractors: The Contractor’s certificate(s) shall include all subcontractors as insureds
under its policies or Contractor shall furnish to Maricopa County separate certificates for
each subcontractor. All coverages for subcontractors shall be subject to the minimum
requirements identified above.
17.26 Approval: 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.
17.27 Exceptions: In the event the Contractor or subcontractor(s) is/are a public entity, then
the Insurance Requirements shall not apply. Such public entity shall provide a Certificate
of Self-Insurance.
18.0 COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable laws, rules, and regulations, without limitation to
those designated in this Agreement.
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19.0 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 must certify that 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.
20.0 CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, 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 CFR Part 15).
21.0 RELIGIOUS ACTIVITIES
The Contractor warrants that none of its costs and none of the costs incurred by any subcontractor
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 the 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.
23.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY
EXCLUSION
23.1 The undersigned, by signing this Agreement, represents that he/she has the authority to
bind Contractor to the terms of this Certification. The Contractor certifies to the best of its
knowledge and belief that it and its principals:
23.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
23.1.2 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 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;
23.1.3 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 subparagraph 2 above.(b) of this certification;
23.1.4 Have not, within a 3-year period preceding this Agreement, had one or more public
transactions (federal, State, or local) terminated for cause or default;
23.1.5 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
occurrence, including immediate termination of this Agreement; and
23.1.6 Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in the
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event of such occurrence, including immediate termination of this Agreement
without liability.
23.1.7 The Contractor shall include, without modification, this 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.
23.1.8 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 on the Notice section of
this Agreement.
24.0 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.
25.0 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.
26.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES
OF WHISTLEBLOWER RIGHTS
26.1 The Parties agree 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;
26.2 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 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,
26.3 The 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).
27.0 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
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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.
28.0 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.
29.0 RETENTION OF RECORDS
29.1 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.
29.2 The Parties 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.
30.0 DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert back to the owner.
31.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Contractor is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
32.0 IMMIGRATION LAWS AND REGULATIONS
32.1 Federal Immigration and Nationality Act
32.1.1 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.
32.1.2 By entering into this Agreement, both 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. Both
Parties shall obtain statements from their subcontractors certifying compliance
and shall furnish the statements to the Procurement Officer upon request. These
warranties shall remain in effect through the term of the Agreement. Both Parties
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.
32.1.3 The Parties may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should either Party
suspect or find that the other Party or any of its subcontractors are not in
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compliance, then the Party 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 other Party. All costs
necessary to verify compliance are the responsibility of the Contractor or its
subcontractor.
32.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-
verify requirements) and further acknowledges:
32.2.1 That the Contractor and its vendors, 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;
32.2.2 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;
32.3 That the County and any contracting government entity retains the legal right to inspect
the papers and employment records of any Contractor or vendor’s employee who works
on this Agreement to ensure that the contractor or vendor is complying with the warranty
provided under subsection 1 above and that the Contractor agrees to make all papers and
employment records of said employee(s) available during normal working hours in order
to facilitate such an inspection.
33.0 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.
34.0 GOVERNING LAW
This Agreement is governed by the laws of the state of Arizona. Venue for any actions or lawsuits
involving this Agreement will be in Maricopa County Superior Court or in the United States District
Court for the District of Arizona, sitting in Phoenix, Arizona.
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IN WITNESS THEREOF, the undersigned Parties warrant they are authorized to execute this Agreement on
behalf of each Party and that this Agreement is therefore binding on Parties:
APPROVED BY: APPROVED BY:
Human Services Campus, Inc. MARICOPA COUNTY
___________________________________ ____________________________________
Authorized Signature Chairman, Board of Supervisors
Date: __________________________ Date: __________________________
Attested To:
_________________________________________
Fran McCarroll, Clerk of the Board Date
This Agreement has been reviewed by the
undersigned Attorney who has determined that is
proper in form and within the power and
authority granted under the laws of the State of
Arizona.
By: _____________________________________
Deputy County Attorney Date
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