AGREEMENT WITH COMMUNITY BRIDGES.PDF

AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
COMMUNITY BRIDGES, INC.
Agreement #: ________________
Agreement Start Date: September 1, 2018
Agreement Termination Date: June 30, 2019
Agreement Amount: $54,135
1.0 PARTIES
This financial Agreement (“Agreement”) entered into between Community Bridges, Inc., a
community based organization (hereinafter referred to as the “Contractor”) and Maricopa County
(hereinafter referred to as the “County”), administered by its Human Services Department,
Housing and Community Development Division (collectively referred to as the “Department”) for
Navigation and Supportive services for homeless individuals. The Contractor and the County are
collectively referred to herein as the “Parties” and individually as “Party."
2.0 PURPOSE
2.1 The purpose of this Agreement is for the Contractor to provide navigation and
coordination services to homeless individuals (“Participants”) in the County’s Hand in
Hand Program. The Contractor shall provide service delivery using progressive
engagement strategies designed to help Participants meet their individual goals for self-
sufficiency and self-determination. The services will provide opportunities for Participants
to access a full array of services and programs that will meet their specific needs while
encouraging housing stability and independent living.
2.2 The Contractor is a member of the collaborative partners involved in the Hand in Hand
program assisting justice engaged homeless individuals to reduce recidivism and connect
to appropriate housing, and supportive services. The Hand in Hand Collaborative agencies
include: Maricopa County Correctional Health Services, (CHS), Justice Systems Planning &
Information (JSPI), Housing Authority of Maricopa County (HAMC), Mercy Maricopa
Integrated Care (MMIC), Native American Connections (NAC), Community Bridges, Inc.
(CBI), Arizona Behavioral Health Corporation (ABC) and Maricopa County Human Services
Department.
2.3 Maricopa County received grant funding from Vitalyst Health Foundation to support the
efforts of the Hand in Hand program. The Human Services Department administers the
grant activities.
3.0 TERM OF AGREEMENT
3.1 Upon agreement by the Parties, the Agreement will be retroactive to September 1, 2018
and end on June 30, 2019.
3.2 The Agreement may be extended for three (3) additional one (1) year terms upon
acceptance and approval by the Parties.
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3.3 Any renewal of this Agreement shall be on the same terms, covenants and conditions
contained in this Agreement unless the Parties otherwise agree in writing.
4.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by the Parties.
5.0 RESPONSIBILITIES OF CONTRACTOR
5.1 Contractor shall:
5.1.1 Receive referrals for services from collaborative members and shall process
referrals within 5 business days after receipt of referral;
5.1.2 Provide Navigation/Coordination services by connecting participants with
providers and community resources as needed;
5.1.3 Document all assistance and referrals made for each participant;
5.1.4 Administer housing assessment and assist with completion and submission of
housing applications;
5.1.5 Assist participants with obtaining items as applicable:
5.1.5.1 copies of birth certificates;
5.1.5.2 social security cards;
5.1.5.3 photo IDs ;
5.1.5.4 benefit letters or other income documentation;
5.1.5.5 medical expenses; and,
5.1.6 Provide case-conferencing, updating the shared spreadsheet, and ensuring the
effectiveness of this collaborative process.
5.2 Coordinate services for Participants to assist with support services to provide housing
stability needs;
5.3 Maintain case load and participants’ records to ensure services have been provided
specifically referral outcomes and housing status; and,
5.4 Complete and submit monthly reports in the HMIS system.
6.0 TERMINATION
6.1 Pursuant to A.R.S. §38-511, the County 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 contract
on behalf of the County 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 County may recoup
any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting, or creating the contract on behalf of the County from any
other party to the contract arising as the result of the Agreement.
6.2 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
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delivery or by postage prepaid and return receipt requested, to the persons at the
addresses set forth on the Notice section of this Agreement.
6.3 This Agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.
6.4 The County has the right to terminate this Agreement upon twenty-four (24) hour notice
when the County determines that the health or welfare of the service recipients are
endangered or the Contractor’s non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, this Agreement shall
terminate upon the expiration of the term of this Agreement stated on the cover page of
this Agreement.
7.0 FUNDS
7.1 The reimbursement amount due to the Contractor serves shall not exceed $54,135 as
delineated in Attachment A.
7.2 Funds will be distributed on a monthly reimbursement basis. Requests for funding will be
submitted to the County by the 15th of each month.
7.3 The June 2019 invoice shall be submitted no later than the 5th day of July 2019.
7.4 Contractor shall be reimbursed on a Net 10 payment standard.
8.0 AVAILABILITY OF FUNDS
The Parties acknowledge, should funding for program activities be reduced for any reason and
these services are not funded, the County and/or the Contractor may take any of the following
actions: (a) accept a decrease in services offered by the other Party; or (b) cancel the Agreement.
9.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:
County: Contractor:
Rachel Milne, Assistant Director Elizabeth da Costa
Maricopa County Human Services Department Community Bridges, Inc.
Maricopa County Development Division Director of Housing and Comm. Integration
234 N. Central, Suite 3000 1855 W. Baseline Rd. Suite 101
Phoenix, AZ 85004 Mesa, AZ 85202
602-506-4146 480-298-0860
Rachel.Milne@maricopa.gov EDaCosta@cbridges.com
10.0 EMPLOYMENT DISCLAIMER
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,
and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement.
11.0 SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of,
service under this Agreement is directly limited to the conduct of this Agreement. The Contractor
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and its agents shall safeguard the confidentiality of this information, just as it would safeguard its
own confidential information.
12.0 INDEMNIFICATION
To the extent permitted by law, the Contractor shall, and shall cause any of its subcontractors to,
indemnify, defend, save, and hold harmless theCounty 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 Subrecipient and any of its subcontractors, or any of the directors, officers,
agents, or employees of Contractor and any of its subrecipients. This indemnity includes any claim
or amount 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.
13.0 INSURANCE
13.1 Contractor, shall and shall cause any of its subcontractors to 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.
13.2 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.
13.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
13.4 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.
13.5 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,
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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.
13.6 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.
13.7 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.
13.8 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.
13.9 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).
13.10 Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Agreement.
14.0 Commercial General Liability:
14.1 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.
15.0 Workers’ Compensation:
15.1 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.
15.2 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
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Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this Agreement.
16.0 Sexual Molestation and Physical Abuse:
16.1 When services involve working with children, elderly, or disabled individuals, the
insurance requirements in the contract must include coverage for "sexual molestation
and physical abuse". 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.
17.0 Commercial General Liability – Occurrence Form:
17.1 Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
17.2 The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
17.3 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".
18.0 Minimum Limits:
18.1 General Aggregate $4,000,000
18.2 Each Occurrence Limit $2,000,000
18.3 Sexual Abuse/Molestation $2,000,000
19.0 COMPLIANCE WITH APPLICABLE LAWS
The Parties shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and Local governments whether or not specifically
referenced herein. Specifically, the following apply:
19.1 The Parties shall not discriminate upon the basis of race, color, creed, religion, Sex
(including pregnancy, childbirth or related medical conditions, sex stereotyping,
transgender status (gender expression and gender identity)), national origin (including
Limited English Proficiency (LEP)), age, disability, political affiliation or belief,
citizenship/status as a lawfully admitted immigrant authorized to work in the United
Stated, and participation in any WIOA Title I financial assisted program or activity.
19.2 The Parties warrant compliance with A.R.S. § 41-4401 and further acknowledges that:
19.2.1 Its subcontractors, 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, subsection A;
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19.2.2 A breach of a warranty under sections listed above, shall be deemed a material
breach of this Agreement that is subject to penalties up to and including
termination of the Agreement;
19.2.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on this Agreement to ensure that the Parties
are complying with the warranty provided under subsections listed above and
that the Parties agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an
inspection;
19.2.4 That nothing herein shall make the Contractor or its agents employees of the
County.
20.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY
EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its directors, officers
and agents:
20.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
20.2 Have not within a three-year period been convicted of or had a civil judgment rendered
against them for 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; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
20.3 Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in the
paragraphs above; and
20.4 Have not within a three-year period had one or more public transactions (Federal, State,
or local) terminated for cause or default.
21.0 IMMIGRATION LAWS AND REGULATIONS
21.1 Federal Immigration and Nationality Act
21.1.1 The Contractor understands and acknowledges 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 other Party to inspect
personnel records to verify such compliance.
21.1.2 By entering into this Agreement, 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.
Contractor shall obtain statements from their subcontractors certifying
compliance and shall furnish the statements to the County 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
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and Control Act for all employees performing work under the Agreement. I-9
forms are available for download at USCIS.GOV.
21.1.3 The County 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 County.
21.2 Arizona Law
21.2.1 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:
21.2.1.1 That 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;
21.2.1.2 That a breach of a warranty under subsection 21.2.1.1 above,
shall be deemed a material breach of this Agreement and the County may
immediately terminate this Agreement without liability;
21.2.1.3 That the County and any contracting government entity retains
the legal right to inspect the papers and employment records of any
Contractor or Contractor’s employee who works on this Agreement to
ensure that the Contractor is complying with the warranty provided
under subsection 21.2.1.1 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.
22.0 ISRAEL BOYCOTT
Per A.R.S. § 35-393, the Parties certify they are not currently engaged in, and agree for the
duration of the Agreement, to not engage in, a boycott of Israel.
[Signatures on following page]
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IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR COMMUNITY BRIDGES, INC: FOR MARICOPA COUNTY:
_________________________________ ___________________________________
Dr. Frank Scarpati, President/CEO Steve Chucri, Chairman, Board of Supervisors
Attested to:
______________________________________
Fran McCarroll, Clerk of the Board Date
This Agreement has been reviewed by the undersigned legal counsel for the County who determines
that it is in proper 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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ATTACHMENT A
BUDGET
Activity Amount
Hand in Hand Navigator Salary $16.50/ hour $34,320
Hand in Hand Navigator Fringe $10,482
Mileage 53 miles/week @ .545 mile $1,502
Operating costs HMIS, Cell Phone, and Laptop $2,331
State IDs, Birth Certificates $5,500
TOTAL $54,135
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