180009-CONTRACT (MI ESCUELITA).PDF
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CONTRACT PURSUANT TO RFP SERIAL 180009-RFP This Contract is entered into this 1st day of October, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Mi Escuelita Childcare LLC, an Arizona corporation (“Contractor”) for the purchase of Head Start Child Care Services Ages 0 to 5. Contractor shall provide services identified in the Scope of Work to Maricopa County Head Start program eligible children. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of Nine (9) months, beginning on the 1st day of October, 2017 and ending the 30th day of June, 2018. 1.2 The County may, at its option, and with the agreement of the Contractor, renew the term of the Contract for additional terms up to a maximum of three (3) additional one-year terms, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 2.0 DHS LICENSE AND QUALITY RATING REQUIREMENTS: 2.1 The Contractor shall maintain a valid and current DHS License at all times during the life of the contract; the contractor is responsible to furnish the County with a copy of the valid and current DHS License; the copy must be sent to the Human Service Department fifteen (15) days prior to expiration date. 2.2 Contractor is required to apply to participate in the State Quality Rating System, Quality First. Contractors participating in Quality First, must be actively participating and working toward attaining and retaining a 4-star rating. Contractor shall not be permitted to suspend or cancel participation in Quality Rating System for any reason without (30) days prior written notice of Maricopa County 2.3 Contractor is required to receive DES childcare subsidies during the life of the contract. 3.0 FINANCIAL MANAGEMENT: 3.1 The Contractor shall establish and maintain a special (separate) bank account for funds provided under this Contract, or an accounting system that assures the safeguarding and accountability of all assets provided under this Contract. No part of the funds deposited in the special bank account shall be commingled with other funds of the Contractor. Any interest earned shall be disposed of in a manner specified by the Department in accordance with applicable State and Federal regulations. If a separate bank account is established, the Contractor shall provide a signed special bank account agreement authorizing the County to obtain information about the account. If an accounting system is used, it shall be in accord with generally accepted accounting principles. SERIAL180009-RFP 4.0 PAYMENTS: 4.1 This contract is to reimburse Contractor up to $14,950 per Early Head Start child annually. This is not a fixed payment contract. Contractor should not assume that they will receive a fixed amount to provide services, but rather the amount is based on actual services provided and after consideration of other sources of funding that are being utilized for the same child for the same service. 4.2 Budgets submitted by contractors during the RFP process signify their understanding that they are expected to receive no less than 28% ($32,270) of the total expected annual costs through other fund sources. Total reimbursement from this contract is expected to be no more than $87,330 per classroom annually. The County may increase reimbursements amounts under extenuating circumstances. 4.3 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “A.” 4.4 Payment shall be made upon the County’s receipt of a properly completed invoice. 4.5 Payment terms shall be Net 10 days after invoice approval. 4.6 INVOICES: 4.6.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address and contact • County bill-to name and contact information • Contract Serial Number or • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) • Description of Purchase (product or services) • Pricing per unit of purchase • Total Amount Due 4.6.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 4.6.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx). 4.6.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 4.6.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. SERIAL180009-RFP 4.7 APPLICABLE TAXES: 4.7.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 4.7.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 4.7.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation. 4.8 TAX (SERVICES): No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 5.0 AVAILABILITY OF FUNDS: 5.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds. 5.2 Funding for this Contract shall be reimbursed utilizing Catalog of Federal Domestic Assistance (CFDA): 93.600, US Department of Health and Human Services Administration for Children and Families - Office of Head Start. 5.3 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance. 6.0 DUTIES: 6.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing by the Procurement Officer. 6.2 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 6.3 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 SERIAL180009-RFP the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder. 6.4 During the Contract term, Contractor may be required to provide the County’s personnel with adequate workspace for consultants and such other related facilities as may be required by the County to ensure contractual obligations are met. 7.0 TERMS and CONDITIONS: 7.1 COMPLIANCE WITH APPLICABLE LAW: 7.1.1 Contractor shall comply with all applicable federal, state and local laws, rules, regulations, standards, and executive orders without limitation to those designated within this Contract and maintain all required licenses, certifications, approvals and permits. Any changes in the governing laws, rules and regulations during the term of this Contract shall apply but do not require an amendment to this Contract. 7.1.2 Contractor must be licensed/certified by DHS as a child care center/group home pursuant to A.R.S. §36-897 et. seq. and shall comply with all applicable DHS administrative rules contained in A.A.C. R9-5-101 et. seq. 7.1.3 Contractor shall comply with the requirement to report incidents of child abuse or neglect as specified in A.R.S. § 13-3620. 7.1.4 Contractor shall comply with Public Law 101-121 § 319 (31 U.S.C. § 1352), which prohibits the use of federal funds for lobbying, and that stipulates, in part: 7.1.4.1 “None of the funds appropriated by any Act may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a member of Congress in connection with any Federal action described in Section 1352.” 7.2 INDEMNIFICATION: 7.2.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. 7.2.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 7.2.3 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. SERIAL180009-RFP 7.2.4 The scope of this indemnification does not extend to the sole negligence of County. 7.3 INSURANCE: 7.3.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 7.3.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 7.3.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 7.3.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 7.3.5 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. 7.3.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 7.3.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. 7.3.8 Commercial General Liability. 7.3.8.1 Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 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. 7.3.9 Workers’ Compensation. 7.3.9.1 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 Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL180009-RFP 7.3.9.2 Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 7.3.10 Sexual molestation and physical abuse 7.3.10.1 When services involve working with these groups of individuals, the insurance requirements in the contract 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, 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. 7.3.11 Commercial General Liability – Occurrence Form 7.3.11.1 Policy shall include bodily injury, property damage and broad form contractual liability coverage. 7.3.11.2 The policy shall be endorsed to include coverage for physical/sexual abuse and molestation. 7.3.11.3 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". 7.3.12 Minimum Limits: General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Sexual Abuse/Molestation $1,000,000 7.3.13 Certificates of Insurance. 7.3.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 7.3.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 7.3.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. SERIAL180009-RFP 7.3.14 Cancellation and Expiration Notice. 7.3.14.1 Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation. 7.4 REQUIREMENTS CONTRACT: 7.4.1 Contractor signifies their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved. 7.4.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 7.4.3 Contractor agrees to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy. 7.5 SUSPENSION OF WORK: 7.5.1 The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 7.6 STOP WORK ORDER: 7.6.1 The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either— SERIAL180009-RFP 7.6.1.1 Cancel the stop-work order; or 7.6.1.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 7.6.1.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 7.7 UNCONDITIONAL TERMINATION FOR CONVENIENCE: 7.7.1 Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 7.8 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 7.8.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 7.8.2 Make progress, so as to endanger performance of this contract; or 7.8.3 Perform any of the other provisions of this contract. 7.8.4 The County’s right to terminate this contract under these subparagraph 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 Procurement Officer specifying the failure. 7.9 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: 7.9.1 Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. 7.10 CONTRACTOR LICENSE REQUIREMENT: 7.10.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. SERIAL180009-RFP 7.10.2 Contractor shall possess any licenses required. The Contractor is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. 7.11 SUBCONTRACTING: 7.11.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 7.11.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 7.12 ADDITIONS/DELETIONS OF SERVICE: 7.12.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 7.12.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 7.13 VALIDITY: 7.13.1 The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 7.14 SEVERABILITY: 7.14.1 The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 7.15 RIGHTS IN DATA: 7.15.1 The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 7.16 NON-DISCRIMINATION: 7.16.1 Contractor shall comply with Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act. Contractor shall comply with the Rehabilitation Act of 1973, as amended, that prohibits discrimination in the employment or advancement in employment of qualified persons because of physical or mental handicap. Contractor shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 7.16.2 Contractor shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits or participation in contract services on the basis of race, color, SERIAL180009-RFP religion or national origin. Contractor agree to comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap in delivering contract services; and with Title II of the Americans with Disabilities Act, and the Arizona Disability Act, which prohibit discrimination on the basis of physical or mental disabilities in the provision of contract programs, services and activities. Contractor shall comply with the requirements of Section 658M and Section 658N of the Child Care and Development Block Grant Act of 1996, as amended. Contractor shall also comply with County’s policy regarding Equal Employment Opportunity and Affirmative Action. 7.16.3 Contractor shall comply with all provisions and requirements of Arizona State Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website: http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 7.17 EQUAL EMPLOYMENT OPPORTUNITY: 7.17.1 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. 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 and shall cause its Subcontractors to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) and to the extent required by regulation execute the Equal Opportunity Certification attached hereto and incorporated by reference. 7.17.2 Contractor shall and shall cause its Subcontractors to 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 Arizona Executive Order 2009-09, which mandates that all persons shall have equal access to employment opportunities, to the extent such provisions apply. 7.18 ISRAEL BOYCOTT: By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq. 7.19 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 7.19.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor 7.19.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; SERIAL180009-RFP 7.19.1.2 have not within 3-year period preceding this Contract 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 7.19.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 7.19.1.4 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 7.19.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 7.20 SUSPENSION OR DEBARMENT: 7.20.1 The County may, by written notice to the Contractor, immediately terminate this Contract if the County determines that the Contractor had been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. If the Contractor becomes suspended or debarred, the Contractor shall immediately notify the County. 7.20.2 The Contractor shall submit the Certification Regarding Debarment, Suspension and Voluntary Exclusion Lower Tier-Covered Transactions form. 7.21 COMPETITIVE BID REQUIREMENTS: 7.21.1 Equipment - The Contractor shall obtain all equipment to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost pursuant to the following competitive bidding system: 7.21.1.1 Procurements in excess of $300, but less than $1,000, require oral price quotations from two or more vendors. The Contractor shall keep and maintain a record of the vendors’ verbal quotations. The Contractor’s award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 7.21.1.2 Procurements exceeding an aggregate amount of $1,000 must be approved by the Assistant Director. At least three (3) bidders shall be solicited to submit written quotations. The Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 7.21.2 Supplies - The Contractor shall obtain all supplies to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost and pursuant to a system of written quotes whenever the price is expected to be greater than $300, unless the Contractor obtains the Assistant Director prior written approval to purchase supplies by an alternate method. 7.21.3 Minority, Women and Small Business Enterprises SERIAL180009-RFP 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. 7.22 FACILITY IMPROVEMENTS & EQUIPMENT: 7.22.1 Improvements and/or physical changes to the child care facility may be required to meet federal, state or county requirements. Contractor and the County shall determine the best process to address the improvement/changes. The County will be responsible for securing a licensed contractor and other professionals to complete renovations. Upon the completion of facility improvements the contractor shall be responsible for regular ongoing maintenance and repair. Any equipment purchased for a facility improvement that meets the threshold of a capital expense, more than $25,000, or a facility improvement project reaches the definition of a capital improvement, over $250,000 must have prior approval from the funding agency and a Notice of Federal Interest may be required to be posted at the facility and/or listed in the County's inventory system. Transfer of ownership of any equipment that is a part of the County inventory through the renovation work, may occur the end of this contract without compensation to the County if the equipment is deemed to have fully appreciated. If the equipment has usable value, the contractor may be asked to compensate the County in lieu of removing the equipment at the end of the contract. 7.23 PROPERTY: 7.23.1 Any County property furnished or purchased pursuant to the terms of the Contract shall be utilized, maintained, repaired and accounted for in accordance with instructions furnished by the County, and shall revert to the County upon termination of the Contract, unless the Early Education Division Assistant Director determines otherwise. The costs to repair such property are the responsibility of the Contractor within the limits budgeted herein. Repair costs beyond the budgeted amount must be approved by the Early Education Division Assistant Director. 7.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 7.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 7.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.23 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. SERIAL180009-RFP 7.25 INFLUENCE: As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 7.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy, 7.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 7.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS. 7.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 7.26.2 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. 7.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 7.27 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor shall comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 7.28 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 7.28.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 7.28.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. SERIAL180009-RFP 7.28.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 7.29 AUDIT DISALLOWANCES: 7.29.1 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. 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. 7.30 OFFSET FOR DAMAGES: 7.30.1 In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 7.31 PUBLIC RECORDS: 7.31.1 Under Arizona law, all Contracts are public records and must be retained by the Records Manager at the Office of Procurement Services. Contracts shall be open to public inspection and copying after Contract award and execution, except for such Contracts or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. 7.32 PRICES: 7.32.1 Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. 7.33 INTEGRATION: 7.33.1 This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 7.34 RELATIONSHIPS: 7.34.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 7.35 GOVERNING LAW: 7.35.1 This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona SERIAL180009-RFP 7.36 ORDER OF PRECEDENCE: 7.36.1 In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail. 7.37 CONTRACT COMPLIANCE MONITORING: 7.37.1 The County will monitor the Contractor's compliance with, and performance under, the terms and conditions of this Contract. On-site visits for Contract 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. The Contractor shall make available for inspection and/or copying by the County's monitors, all records and accounts relating to the work performed or the services provided under this Contract, or for similar work and/or service provided under other grants and Contracts. 7.38 DRUG-FREE WORKPLACE ACT: 7.38.1 The Contractor agrees to comply with the Drug-Free Workplace Act of 1988 (Public Law 100-690). This statute required 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 contract. 7.39 BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY: 7.39.1 Background checks are required for all individuals providing direct services to children or vulnerable adults, the following shall apply: 7.39.1.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions of this Contract. 7.39.2 Contractor will request ADES to conduct Central Registry Background Checks on behalf of employees. The information contained in the Central Registry will be used as a factor to determine qualifications for positions that provide direct service to juveniles or vulnerable adults as follows: 7.39.2.1 Any person, their employees or volunteers who apply for a contract with MCHSD; or 7.39.2.2 All employees of the Contractor; or 7.39.2.3 A subcontractor of the Contractor and the subcontractor’s employees; and 7.39.2.4 Prospective employees of the Contractor or its subcontractor at the request of the prospective employer. 7.39.3 Volunteers who provide direct services to children or vulnerable adults shall have a Central Registry Background Check which is to be used as a factor to determine qualifications for volunteer positions. 7.39.4 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. 7.39.5 Before being employed or volunteering in a position that provides direct services to children or vulnerable adults under this Contract, persons 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. SERIAL180009-RFP 7.39.6 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: 7.39.6.1 The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and 7.39.6.2 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. 7.39.7 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 to program participants. 7.39.8 The Contractor shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for six (6) years after termination of the Contract. 7.39.9 The Request for Search of Central Registry for Background Check form is located at https://www.azdes.gov/opac 7.39.10 Upon request the Contractor shall make available valid Background Check information to County. 7.40 CPS REGISTRY CHECK AND DIRECT SERVICE AFFIDAVIT 7.40.1 Contractor shall conduct a CPS Registry Check and Direct Service Affidavit on program staff. 7.40.2 Per A.R.S. § 8-804 (B)(2): “(B)” Information contained in the central registry shall be used by the County only for the following purposes: 7.40.2.1 To conduct background checks as one factor to determine qualifications for persons applying for employment within this state in positions that provide direct service to children or vulnerable adults and persons applying for contracts within this state, including employees of the potential contractor, for positions that provide direct service to children or vulnerable adults. 7.41 FINGERPRINTING: 7.41.1 Contractor should comply with the provisions of A.R.S. § 46-141 as may be amended. 7.41.2 As a condition of employment, all staff working at any facility, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have a fingerprint clearance card issued pursuant to Title 41, Chapter 12, Article 3.1 of the Arizona Revised Statutes or shall apply for a fingerprint clearance card within seven working days of employment. 7.41.3 All employees and volunteers working at a child care facility licensed by DHS shall submit certified statements and obtain a valid fingerprint clearance card in accordance with the requirements of A.R.S. § 36-883.02. 7.41.4 All employees and volunteers working at, and all persons 18 years of age or older residing in a child care group home certified by DHS shall submit certified statements and obtain a fingerprint clearance card in accordance with the requirements of A.R.S. § 36-897.03. SERIAL180009-RFP 7.41.5 Contractor employees, whether paid or not, and who are required or allowed to provide services to juveniles, shall certify on notarized forms whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. 7.41.6 Under A.R.S. § 46-141(H), federally recognized Indian tribes or military bases may submit, and the Department shall accept certifications that state that personnel who are employed or who will be employed during the Agreement term have not been convicted of, have not admitted committing or are not awaiting trial on any offense listed under subsection (F) of A.R.S. § 46-141. 7.41.7 The County shall immediately terminate or cancel this Contract if a person certifies that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections (B) or (C) of A.R.S. § 41-1758.07 in this State or similar offenses in another state or jurisdiction, or if the person does not possess or is denied issuance of a valid fingerprint clearance card. 7.41.8 Upon request the Contractor shall make available valid fingerprint clearance card to County. 7.42 GRIEVANCE PROCEDURE: 7.42.1 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 the Contractor's work under this Contract. 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 Department if the grievance is not satisfied at the Contractor's level. 7.43 IT 508 COMPLIANCE: 7.43.1 Unless specifically authorized in the Contract, any electronic or information technology offered to the County under this Contract 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. 7.44 LOBBYING: 7.44.1 The Contractor certifies to the best of their knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of either party, 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 agreement, 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. 7.44.2 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 this Federal contract, grant, loan or cooperative agreement, either party shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 7.44.3 The Contractor shall require that the language of Lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, SERIAL180009-RFP and contract under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. 7.44.4 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 7.45 MINIMUM WAGE REQUIREMENTS: 7.45.1 The Contractor agrees and warrants that it shall pay all its employees engaged in performing work or providing services under the terms of this Contract not less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. 7.45.2 The Contractor agrees and warrants that it shall pay all its employees engaged in performing work or providing services under the terms of this Contract not less than the minimum wage specified by Arizona law. 7.46 OFFSHORE PERFORMANCE OF WORK PROHIBITED: 7.46.1 Due to security and identity protection concerns, direct services under this Contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services or services that are incidental to the performance of the Contract. The provision applies to work performed by subcontractors at all tiers. 7.47 POLITICAL ACTIVITY PROHIBITED: 7.47.1 None of the funds, materials, property or services contributed by the County or the Contractor under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. 7.48 RECOGNITION OF DEPARTMENT SUPPORT: 7.48.1 The Contractor shall give recognition to Maricopa County and the funding source (Head Start program) for its support when the Contractor publishes material or releases public information which is paid for totally or in part, with funds received by the Contractor under the terms of this Contract. 7.49 RELIGIOUS ACTIVITY COSTS: 7.49.1 The Contractor shall ensure that costs, planned or claimed, including costs incurred by any Subcontractor, shall not include any expense for any religious activity. 7.50 SAFEGUARDING OF PARTICIPANT/CLIENT INFORMATION: 7.50.1 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 contract services. To the extent permitted by law, the Contractor shall release information to County, and to the Attorney’s General’s Office as required by the terms of this contract, by law or upon their request. SERIAL180009-RFP 7.51 STAFF AND VOLUNTEER TRAINING: 7.51.1 The Department may make available to the Contractor the opportunity to participate in any applicable training activities conducted by the Department. 7.52 TECHNICAL ASSISTANCE: 7.52.1 The Department will provide reasonable technical assistance to the Contractor to assist in complying with State and Federal laws, regulations and accountability for diligent performance and compliance with the terms and conditions of this Contract and all applicable laws, regulations and standards. However, this in no way relieves the Contractor of full responsibility and accountability for its actions and performance in compliance with the terms of this Contract. 7.53 ADEQUACY OF RECORDS: 7.53.1 If the Contractor's books, records and other documents relevant to this Contract are not sufficient to support and document that allowable services were provided to eligible participants, the Contractor shall reimburse The Department for the services not supported and documented. 7.54 ALLOCATION OF FUNDING 7.54.1 Should additional funds become available during the term of the contract period, the Department reserves the right to allocate these funds and proportionate services in the contractor’s agreement. Allocations may be adjusted based on documented client need, census determinations, over, under or non-performance of contract. 7.55 DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION 7.55.1 Funding for activities under this contract are provided through Federal Health and Human Services. All Contractors that receive federal funding must obtain a Data Universal Numbering System (DUNS) number through http://fedgov.dnb.com/webform. Contractor must also be register and remain current with the System for Award Management (SAM) www.sam.gov a database of basic business information for contractors that receive federal funds. All contractors shall provide their DUNS Number with proposal submittal. For additional information regarding SAM visit this website: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrations.pdf 7.56 COPYRIGHTS: 7.56.1 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, or otherwise use and to authorize other to use, all copyrighted material and all material which can be copyrighted resulting from this Agreement. 7.57 PATENTS: 7.57.1 Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement shall be promptly and fully reported to the Department 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. SERIAL180009-RFP 8.0 REPORTING REQUIREMENT: 8.1 Unless otherwise provided in this contract, reporting shall adhere to the following schedule: no later than the 10th working day following each month during the contract term, the Contractor shall submit programmatic and financial reports to the Department in the form set forth in this Agreement. Failure to submit accurate and complete reports by the 10th working day following the end of a month may result, at the option of the Department, in retention of payment. Failure to provide such report within 45 calendar days following the end of a month may result, at the option of the Department, in a forfeiture of such payment. 8.2 Contractor shall submit to the Department all final program and fiscal reports no later than the designated date, to be determined by the Department, following the termination of this contract. Failure to submit final program and fiscal reports within the designated time period may result, at the option of the Department, in forfeiture of final payment. 9.0 AMENDMENTS: 9.1 CHANGES ORIGINATED BY THE COUNTY: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 9.1.1 Budget Adjustments: changes that do not result in an increase or reduction of the total contract budget amount and result in no more than a 10% change in budget categories. 9.1.2 General Scope of Work in any of the following: 9.1.2.1 Specific program rules, regulations, application procedures; 9.1.2.2 Minor work statement revisions; 9.1.2.3 Administrative requirements such as reporting criteria: 9.1.2.4 Changes that result in an increase or decrease in the total contract budget will require a formal contract amendment. 9.1.2.5 Any dispute or disagreement resulting from written change orders shall constitute a dispute within the meaning of the Disputes section under this Contract and shall be adjusted accordingly. 9.2 CONTRACTOR CHANGES: 9.2.1 The Contractor is required to notify the County, in writing, within fifteen (15) calendar days, of any changes in the following: 9.2.1.1 agency staff funded with this contract 9.2.1.2 agency authorized signatory 9.2.1.3 agency address, phone, fax, email addresses 9.2.1.4 person to whom contract notices should be sent 9.2.1.5 changes to days and hours of operation 9.2.1.6 Facility closure, sale, or transfer of ownership SERIAL180009-RFP 9.3 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 9.3.1 Exhibit A, Services Area & Age Group 9.3.2 Exhibit B, Scope of Work & Service Delivery Methodology; 9.3.3 Exhibit C, Budget Plan And Guidelines For Ages 0-2 & 3-5 9.3.4 Exhibit D, Child Care Services Checklist; 9.3.5 Exhibit E, Program Calendar; 9.3.6 Exhibit F, Equal Employment Opportunity Certification; 9.3.7 Exhibit G, Certification Regarding Debarment; 9.3.8 Exhibit H, Accounting Certification Statement; 9.3.9 Exhibit I, Lobbying Packet; 9.3.10 Exhibit J, Attachment B- Agreement 9.3.11 Exhibit K, Service Delivery Methodology 9.3.12 Exhibit L, Implementation Timeline NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services ATTN: Contract Administration 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: Mi Escuelita Child Care LLC 2747 W. Southern Ave #4 Tempe, AZ 85282 SERIAL180009-RFP IN WITNESS WHEREOF, this Contract is executed on the date set forth above. MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL180009-RFP EXHIBIT A SERVICES AREA & AGE GROUP Number of 0-2 year Number of 3-5 Service Area Child Care Center Location old Classrooms year old (Early Head Start) Classrooms (Head Start) (East Region of Maricopa County only) 1. Avondale 2. Buckeye 3. Chandler 4. Gilbert 5. Glendale 6. Mesa 7. Peoria 8. Surprise 9. Tempe 2747 W. Southern Ave #4 Tempe, AZ 2 10. (Other) SERIAL180009-RFP EXHIBIT B SCOPE OF WORK & SERVICE DELIVERY METHODOLOGY INTENT: Via its Head Start grants, Maricopa County Human Services Department is seeking to contract with qualified Center Based Child Care Center Providers. Children to be served under this solicitation are Early Head Start eligible children ages 0-2, with the option to demonstrate capacity to serve Head Start eligible children ages 3-5, and pre-school aged children in areas identified as high need, excluding the City of Phoenix Arizona (Targeted communities include: Mesa, Chandler, Gilbert, Tempe, Avondale, Surprise, Peoria, and Buckeye). Providers shall establish Head Start programs with full-day (10 hours per day Monday - Friday) year-round (minimum of 48 weeks per year) in their facilities. The Head Start program is a comprehensive child development program for low income children zero-five years of age. The program services support and promote children’s physical, cognitive, language, and social/emotional development. Partnerships with Child Care Center providers will bring together the strengths of the Head Start program and Child Care Center services (Early Head Start/Head Start/Child Care Services Project “the Project”) through layered program activities will ensure quality full day/full year care and education. This program option is designed for working families, or families engaged in school or job training. The Head Start services are divided into 2 separate service delivery groups, Early Head Start (EHS) for children ages zero (0) to two (2) and Head Start (HS) for children ages three (3) to five (5). Service delivery areas are limited to the following: 0-2 years old: Mesa, Chandler, Gilbert, Tempe, Avondale, Surprise, Peoria, and Buckeye 3-5 years old: Mesa, Chandler, Gilbert, Tempe Each submission to provide the identified services must indicate the service area and list the address where services will be provided. Head Start provides young children with an array of services, including health, nutritional, behavioral, and family services which recognizes the critical opportunities of Head Start programs to positively impact children and families in the early years and beyond. Quality services have been the keystone for Head Start across its history. These principles continue to be both a guide and inspiration for quality Head Start services. They are designed to nurture healthy attachments between parent and child (and between child and teacher), emphasize a strengths-based, relationship-centered approach to services, and encompass the full range of a family’s needs. The Project will provide high-quality, comprehensive, and continuous early care and education that support parents’ efforts to fulfill their parental roles; and help parents move towards self-sufficiency and positively affect child outcomes. The contracted Child Care Center provider(s) shall be required to enroll and maintain a minimum of 25% of the EHS funded slots with children receiving child care subsidies. There is no requirement for child care subsidies for HS slots. Participation in CACFP is a requirement of contractors serving either EHS or HS children. Maricopa County Human Services Department will determine the number of enrollment opportunities and the number of Child Care Center providers at the time of contract award. Maricopa County Human Services will provide all families with opportunities to submit eligibility applications for program services. Determine family eligibility, enrollment and child transitions. Family support services that include family assessment, referrals to resources based on needs identified. High- quality health, oral health, mental health, and nutrition services that are developmentally, culturally, and linguistically appropriate and that will support each child’s growth and school readiness. Maricopa County Human Services will monitor fiscal practices including invoices and supporting financial documents submitted for reimbursement and payroll records for the purpose of ensuring that staff working in HS/EHS classrooms is provided competitive wages. Monitoring of education services includes: proper child/teach ratios, teacher lesson plans, teacher child assessments, teacher-child interactions, classroom environment and caregiving routines. SERIAL180009-RFP Contracts awarded through this solicitation shall be for a twelve initial (12) month period. The County may, at its option, and with the agreement of the Contractor, renew the term of the Contract for additional terms up to a maximum of three (3) additional one-year terms, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. SCOPE OF WORK: 1.1 PROGRAM REQUIREMENTS: 1.1.1 Contractor shall provide all children with a safe, nurturing, engaging, enjoyable and secure learning environment. The environment will help the children gain the skills and confidence necessary to succeed in their present environment. This development will prepare children for later responsibilities in school and life. These requirements are all in line and comply with the requirements of Head Start Performance Standards and the Head Start Act. The Head Start Child Care Services initiative is grounded in 6 key areas that result in establishing quality, early childhood programs for children: 1.1.2 Family Eligibility, Recruitment, Enrollment, and Attendance 1.1.3 Staff and Professional Development 1.1.4 Facilities and Ratio 1.1.5 Child Development and Education 1.1.6 Health and Safety 1.1.7 Administrative and Financial Management. The contracted Child Care Center Providers shall adhere to the following: 1.2 FAMILY ELIGIBILITY, RECRUITMENT, ENROLLMENT, AND ATTENDANCE: Contractor(s) shall be required to: 1.2.1 Assist in identifying eligible children, refer families to the program, keep attendance record and maintain enrollment of a child until child transitions to Toddler Room or Kindergarten; 1.2.2 Assist in identifying eligible children receiving child care subsidies and maintaining 25% of enrollment opportunities with children receiving child care subsidies; 1.2.3 Enter attendance into the Maricopa County Child Plus web-based management system on a daily basis. Designate the appropriate absence codes to the child’s attendance records; 1.2.4 Support full family participation in the program and not exclude or create barriers that would affect attendance; 1.2.5 Develop relationships with parents and structure services to encourage trust and respectful, ongoing two-way communication between staff and parents to create welcoming program environments that incorporate the unique cultural, ethnic, and linguistic backgrounds of families in the program and community; SERIAL180009-RFP 1.2.6 Provide parents with opportunities to participate in the program as employees or volunteers; 1.2.7 A center must not expel or unenrolled a child from Head Start because of a child’s or parent’s behavior; 1.2.8 Family fees related to late pick up must not exceed current child care rates; and 1.2.9 Assist in the collection of Non-Federal Share match through in-kind donations of goods or services such as family literacy activities and in home curriculum tasks. 1.3 STAFF AND PROFESSIONAL DEVELOPMENT: Contractor(s) shall be required to: 1.3.1 Conduct interviews, verify references, and obtain criminal record checks prior to employment that include: 1.3.1.1 Conduct a sex offender registry check; 1.3.1.2 State or tribal criminal history records, including fingerprint checks; or, 1.3.1.3 Federal Bureau of Investigation criminal history records, including fingerprint checks; 1.3.1.4 Child abuse and neglect state registry check 1.3.2 EHS Option-Hire and retain 2 qualified teachers per classroom with a minimum of an Infant Toddler Child Development Associate (CDA) HS Option-Hire and retain qualified teacher(s) that has an degree (Associates, Bachelors or Masters) in Early Childhood or related Field with a minimum of 18 credit hours of Child Development coursework, and 1 Teacher Assistant with a Preschool CDA or who is enrolled in a CDA or Degree seeking program for each Head Start classroom; 1.3.3 Ensure all staff completes First Aid and CPR, Health Screening with TB results, and have a food handler’s card prior to working in the EHS/HS classroom. 1.3.4 If a qualified Teacher or Teacher Assistant is absent or a vacancy occurs, the use of substitutes or temporary staff may be allowed if they meet the required qualifications. 1.3.5 New staff and volunteers must participate in an orientation that focuses on, at a minimum, the goals and underlying program philosophy and implementation within 10 days of start date which includes: 1.3.5.1 Staff roles and responsibilities; 1.3.5.2 Accident and Emergency procedures; 1.3.5.3 Recognition of Signs of illness and infestation; 1.3.5.4 Sudden Infant death Syndrome (SIDS); 1.3.5.5 Child guidance principles; 1.3.5.6 Hand washing techniques; 1.3.5.7 Diapering and toileting techniques; 1.3.5.8 Food preparation; 1.3.5.9 Blood borne pathogens; 1.3.5.10 Mandated Child abuse/ neglect reporting; 1.3.5.11 Sun safety; SERIAL180009-RFP 1.3.5.12 Safety in outdoor activity area; and 1.3.5.13 Maricopa County Supervision of children policy 1.3.6 Participate in on-going professional development activities provided by Maricopa County Human Services including intensive coaching for teachers and directors as well as opportunities to be observed and receive feedback and modeling of effective teacher practices directly related to program performance goals; and needed specific trainings as designated by the coach or specialist. 1.3.7 Enroll staff in the AZ Early Childhood Workforce Registry. 1.3.8 Teaching staff must attend at a minimum in 3 in-person training opportunities that includes pre-service, mid-service, and end of year event. 1.3.9 Teaching staff must participate in the quarterly webinar series. 1.3.10 Teaching staff must complete a minimum of 18 clock hours of professional development per year. 1.3.11 Fill vacant teacher positions within 30 days. 1.3.12 Compensate teachers and assistants when participating in professional development opportunities outside of working hours. 1.3.13 Provide at a minimum 3 hours of paid time monthly for lesson planning and recording child observation into Teaching Strategies (TSG) assessment system. 1.3.14 Ensure that all staff and volunteers abide by the Standards of Conduct that include the requirements of Head Start Performance Standard and the Head Start Act: 1.3.14.1 Ensure staff and volunteers implement positive strategies to support children’s well-being and prevent and address challenging behavior. 1.3.14.2 Ensure staff and volunteers do not maltreat or endanger the health or safety of children, including, at a minimum, that staff must not: 1.3.14.2.1 Use corporal punishment; 1.3.14.2.2 Use isolation to discipline a child; 1.3.14.2.3 Bind or tie a child to restrict movement or tape a child’s mouth; 1.3.14.2.4 Use or withhold food as a punishment or reward; 1.3.14.2.5 Use toilet learning/training methods that punish, demean, or humiliate a child; 1.3.14.2.6 Use any form of emotional abuse, including public or private humiliation, rejecting, terrorizing, extended ignoring, or corrupting a child; 1.3.14.2.7 Physically abuse a child; 1.3.14.2.8 Use any form of verbal abuse, including profane, sarcastic language, threats, or derogatory remarks about the child or child’s family; or, 1.3.14.2.9 Use physical activity or outdoor time as a punishment or reward; 1.3.15 Require staff and volunteers to comply with program confidentiality policies concerning personally identifiable information about children, families, and other staff members. SERIAL180009-RFP 1.3.16 Personnel policies and procedures must include appropriate penalties for staff and volunteers who violate the standards of conduct. 1.3.17 Ensure that teaching staff and assistants receive annual performance appraisals that include professional development plans. 1.3.18 Conduct the complete background check for each teaching staff and other related program staff at least once every five years, which must include each of the four checks: the sex offender registry check, child abuse and neglect (CAN) state registry check, state or tribal criminal history check with fingerprints, and FBI criminal history check with fingerprints. 1.3.19 Center Directors, Assistant Directors, owners must attend scheduled Directors Academy sessions provided by Maricopa County Human Services. 1.3.20 Center Directors participate in assessment of leadership to identifying strengths, areas of needed support, and participate in intensive coaching. 1.3.21 Provide training opportunities to kitchen staff on appropriate meal service, food allergy and appropriate food substitutions, and sanitation. 1.4 RATIO: Contractor(s) shall be required to: 1.4.1 Ensure adult-child ratios and group sizes meet Head Start standards during hours of operation: 1.4.1.1 Early Head Start - classrooms are not to exceed a group size of 8 children per classroom with ratios of 1 teacher for every 4 children. In certain circumstances group size can increase to 9 children with 3 teachers and maintain the required ratio during all EHS operating hours 1.4.1.2 Head Start Option - 1 teacher for every 10 children with a total group size of not more than 20 and maintain the required ratio during all HS operating hours. 1.5 FACILITIES Contractor(s) shall be required to: 1.5.1 Ensure all facilities and physical environment meet or exceed the Head Start Performance standards requirements and maintain current state Child Care licensure at all times; 1.5.2 Ensure any facility leases are current and in good standing; 1.5.3 Maintain the childcare licensing requirement of 35 square ft per child for indoor space and 75 square ft per child for outdoor space; 1.5.4 Attain a signed release from the property owner, if applicable, when engaging in facility modification or renovation with contracted funds; 1.5.5 Facility structures requiring renovations/modifications located in flood zones or experiencing drainage issues are the sole responsibility of the contractor; 1.5.6 Provide notice with proposal of renovations to contracted classrooms with a detailed cost estimate of proposed activity, with a minimum of (3) quotes; 1.5.7 Maintain all facilities renovated or repaired with Head Start funds in good repair in SERIAL180009-RFP accordance with all applicable federal, state, and local laws, rules and regulations, including Head Start requirements, zoning requirements, building codes, health and safety regulations and child care licensing standards; 1.5.8 Facility renovations conducted with contracted funds are subject to Federal Interest; 1.5.9 Ensure facility is free of firearms/weapons; 1.5.10 Maintain air conditioning and heating system that are in good repair; 1.5.11 Kitchen, toilets and hand washing facilities are adequate, clean, in good repair, and easily reached/accessible by children; 1.5.12 Provide all related supplies and materials for the care of enrolled children including individual diapers/wipes; 1.5.13 Create a designated space for breast feeding mothers; 1.5.14 Ensure indoor/outdoor play area have developmentally appropriate equipment; 1.5.15 Ensures children have accessible indoor/outdoor safe drinking water; 1.5.16 Provide adequate indoor and outdoor storage space; 1.5.17 Ensure teaching staff have daily access to computers and printers for communication, lesson planning, and participation in web-based record keeping systems; 1.5.18 Provide working high speed internet; 1.5.19 Conduct, at least once a month, unannounced fire and emergency evacuation drills and maintain fire drill log onsite for review; 1.5.20 Maintain inventory log of purchases made with contracted funds; 1.5.21 Provide notice of broken or damaged equipment purchased with contracted funds which would be disposed by the contracted vendor; 1.5.22 Provide locked storage or filing system for confidential records; 1.5.23 Maintain fire extinguisher and first aid kit in each contracted classroom; 1.5.24 Ensure facilities are free of pests. Fumigation notices are provided to families at a minimum 3-4 business days prior; 1.5.25 Ensure that facilities are free from pollutants, hazards and toxins that are accessible to children and could endanger children’s safety; 1.5.26 Ensure that emergency lighting is available; 1.5.27 Provide a facility that is designed to prevent child injury and free from hazards, including choking, strangulation, electrical, and drowning hazards, hazards posed by appliances and all other safety hazards; 1.5.28 Provide space to host parent meetings and family engagement or recruitment events; 1.5.29 Provide space for Family Support Specialist to meet with parents, work space to document family contacts, communicate with referral agencies, and other administrative duties, as needed. SERIAL180009-RFP 1.6 CHILD DEVELOPMENT AND EDUCATION: Contractor(s) and teaching staff shall be required to: 1.6.1 Provide 10 hours of care per Early Head Start or Head Start operating day, Monday through Friday, 7:30 AM-5:30 PM, for no less than 48 weeks each year at no cost to parents; 1.6.2 Teaching staff must implement well-organized learning environments with developmentally appropriate schedules, lesson plans, and indoor and outdoor learning experiences that provide adequate opportunities for choice, play, exploration, and experimentation among a variety of learning, sensory, and motor experiences and: 1.6.2.1 For infants and toddlers, promote relational learning and include individualized and small group activities that integrate appropriate daily routines into a flexible schedule of learning experiences; and, 1.6.2.2 For preschool age children, include teacher-directed and child-initiated activities, active and quiet learning activities, and opportunities for individual, small group, and large group learning activities. 1.6.3 Utilize the Creative Curriculum instructional approach, and ensure curriculum fidelity to support the early learning of enrolled children; 1.6.4 Support instructional staff to effectively implement curricula and at a minimum monitor curriculum implementation and fidelity, and provide support, feedback, and supervision; 1.6.5 Offer parents the opportunity to learn about and to provide feedback on selected curricula and instructional materials used in the program; 1.6.6 Support dual language learners: 1.6.6.1 For an infant or toddler dual language learner, include teaching practices that focus on the development of the home language, when there is a teacher with appropriate language competency, and experiences that expose the child to English; 1.6.6.2 For a preschool age dual language learner, include teaching practices that focus on both English language acquisition and the continued development of the home language. 1.6.7 Implement an intentional, age appropriate approach to accommodate children’s need to nap or rest: 1.6.7.1 Provided preschool aged children a regular rest time every day and encourage but not force rest or nap. Must provide alternative quiet learning activities for children who do not need or want to rest or nap. 1.6.8 Implement snack and meal times in ways that support development and learning: 1.6.8.1 For bottle-fed infants, this approach must include holding infants during feeding to support socialization; 1.6.8.2 Snack and meal times must be structured and used as learning opportunities that support teaching staff-child interactions and foster communication and conversations that contribute to a child’s learning, development, and socialization; and 1.6.8.3 Family style meals are to be served to children. Teaching staff must provide SERIAL180009-RFP sufficient time for children to eat, not use food as reward or punishment, and not force children to finish their food. 1.6.9 Sustain positive affect and use routines, such as handwashing and diapering, transitions between activities as opportunities for strengthening development, learning and skill growth; 1.6.10 Provide daily age appropriate indoor/outdoor physical activity for all infants, toddlers and preschool age children. A program must not use physical activity as reward or punishment; 1.6.11 Conduct initial developmental and social/emotional screening using ASQ and DECA; 1.6.12 Conduct ongoing assessment of children using Teaching Strategies GOLD to individualize lesson plans, instruction and learning for each child. Complete assessment (3) times per year; 1.6.13 Inform parents, about the purposes of and the results from screenings and assessments and discuss their child’s progress. Teaching staff to participate in discussions regarding a child’s IFSP or IEP; 1.6.14 Ensure teaching staff are communicating observations and developmental milestones to parents via the TADPOLES app purchased for the facility; 1.6.15 Engage parents in the full range of child development services including two teacher- parent conferences each year in the child’s home or at a mutually agreed location; 1.6.16 Provide opportunities for children with disabilities to participate in all Head Start/Early head Start activities, with appropriate modifications; 1.6.17 Participate in consultation with Inclusion Specialist on children’s disabilities of special needs issues; 1.6.18 Participate in consultation with Mental Health Professional on children’s social- emotional health issues; 1.6.19 Provide appropriate indoor and outdoor supervision of children at all times, utilize procedures that support child supervision such as use of dry erase boards to state number of children present at all time, using the buddy system during transitions, periodic head counts, and establishing teacher supervision zones in classrooms and playgrounds; 1.6.20 Release children to only authorized adults; and 1.6.21 Support dental health by encouraging daily tooth brushing. 1.7 HEALTH AND SAFETY: Contractor(s) shall be required to: 1.7.1 Provide classroom level health, dental health and nutrition services through participation in Child and Adult Care Food Program (CACFP) and Empower program for Child Care providers; 1.7.2 Identify each child’s nutritional health needs, taking into account available health information, including the child’s health records, and family and staff concerns, including special dietary requirements, food allergies. Provide appropriate nutritional alternatives as requested in the Special Meal Request; 1.7.3 Ensure that each child receives meals and snacks that provide 2/3 of the child’s daily SERIAL180009-RFP nutritional needs; 1.7.4 Ensure bottle-fed infants are never laid down to sleep with a bottle; 1.7.5 Ensure children are up to date on immunizations; 1.7.6 Ensure that children are supervised at all times within both sight and sound and the use of active supervision techniques and systems. Provide evidence that child supervision strategies are being monitored by center supervisors/administrators; 1.7.7 Indoor and outdoor premises are cleaned daily and kept free of undesirable and hazardous materials and logs are kept current. Outdoor play areas must be arranged so as to prevent any child from leaving the premises and getting into unsafe and unsupervised areas; 1.7.8 Implement safe sleep practices and provide adequate spacing and appropriate equipment to accommodate napping; 1.7.9 All contracted classrooms must have door chimes/alarms on all doors and ensure they are in good working order; including infant rooms; 1.7.10 Infant classrooms have a “No outside shoe” policy posted outside the classroom and alternatives are offered outside the classroom door such as disposable booties, or clean single use socks which are washed at the end of the day; 1.7.11 Implement policies and procedures for storage, administrations and record of administration of medication; 1.7.12 Have Emergency evacuation routes posted in facilities; 1.7.13 Develop and implement policies and plans of action for emergencies that require rapid response on the part of staff are posted in the facilities; 1.7.14 Report to Maricopa County Human Services: 1.7.14.1 Incidents of a HS/EHS enrolled child left unsupervised for any length of time 1.7.14.2 Physical injury of a HS/EHS enrolled child. 1.7.14.3 Revocation or suspension of a Child Care License, DES Contract, or CACFP contract 1.7.14.4 New reports of staff or child involvement with Child Protective services related to alleged incidence of child abuse or neglect 1.7.14.5 Complaints received from HS/EHS Parents 1.7.15 Distribute immunization request letters to parents by designated timeline; 1.7.16 Support and facilitate vision and hearing screenings; 1.7.17 Ensure smoke and carbon monoxide detectors are in each classroom; and 1.7.18 Ensure lockdown procedures are reviewed by teaching staff and posted. SERIAL180009-RFP 1.8 ADMINISTRATIVE MANAGEMENT: Contractor(s) shall be required to: 1.8.1 Support the record keeping and reporting of activities and/or services that help meet the non-federal share match requirements; 1.8.2 Participate in annual program self-assessment and in the development and implementation of program improvement plans; 1.8.3 Participate in ongoing monitoring of compliance to standards and contract, engage in a positive approach to continuous program improvement; 1.8.4 Establish and implement policies and procedures including personnel policies that meet Head Start Performance Standards; 1.8.5 Maintain records of all staff that includes: 1.8.5.1 Required Licensing forms; 1.8.5.2 Start date of employment, end date if applicable; 1.8.5.3 Documentation of (4) required background checks; 1.8.5.4 Documentation of required health screening; 1.8.5.5 Documentation of TB Screening, vaccination record; 1.8.5.6 Documentation of qualifications; transcripts, diplomas, certifications; 1.8.5.7 New staff training log; 1.8.5.8 Copy of Photo ID, First Aid and CPR, Food Handlers Card; and 1.8.5.9 Signed acknowledgement of Program Code of Conduct, Supervision of Children Policy, Confidentiality Policy 1.8.6 Establish a contract/agreement with local substitute vendor(s) to meet staffing qualifications and ratios during vacancies; 1.8.7 Apply to participate or continue participation in Quality First rating system; and 1.8.8 Submit employee information in the AZ Early Childhood Workforce Registry 1.9 FINANCIAL MANAGEMENT Contractor(s) shall be required to: 1.9.1 Develop an annual budget plan to be implemented in the program year using federal cost principals and clearly demonstrate the contractor’s portion of anticipated program income from subsidy sources and CACFP. Contractor must ensure budget will meet the financial needs of the proposed days of operation, additional financial assistance above the contracted award, will not be provided in cases of poor financial management; 1.9.2 Use allocation methodology to determine the portion of contracted classroom costs; 1.9.3 Submit for reimbursement of expenditures related to contracted classrooms the first week of the previous service month on the Maricopa County claim form; 1.9.4 Submit supporting documentation with the Maricopa County claim of expenditures related to contracted classrooms: SERIAL180009-RFP 1.9.4.1 Documentation includes but not limited to: Staff related expenses- Payroll records, ledgers, or paystubs Employee Related Expenses- Payroll records or ledger Supplies-Receipts of purchases that clearly demonstrates items purchased for contracted classrooms only, or the portion allocated to the HS/EHS Classroom. Administrative Cost-Not to exceed 15% of the overall contracted award. Examples of reimbursable administrative costs include the allocated portion of the contractors, lease and utilities, insurance, facility maintenance, professional services such as accounting or landscaping, and/or allocated portion of administrative personnel salaries/ERE. Provide receipts or financial statements of administrative costs submitted for reimbursement, with a clear explanation of the expected reimbursement amount and allocation methodology. 1.9.5 Maintain sufficient working capital to meet interim expenses for a period of four to six weeks to allow for the submission and verification of reimbursable expenses and payment of fees by the finance department; 1.9.6 Report additional program income received from other subsidy sources for EHS enrolled children on the monthly claim form; and 1.9.7 Report additional program income received from CACFP reimbursement for EHS/HS enrolled children on the monthly claim form. 1.10 CHILD CARE CENTERS QUALIFICATION REQUIREMENTS: Contractor(s) must meet the following requirements: 1.10.1 Evidence of Quality Standards: Quality First Rating of 3 or above, or National Accreditation; Quality First Rating System Scoring Definitions 5 Stars (Highest Quality) Far Exceeds Quality Standards 4 Stars (Quality Plus) Exceeds Quality Standards 3 Stars (Quality) Meets Quality Standards 2 Stars (Progressing Star) Approaching Quality Standards 1 Star (Rising Star) Committed to Quality Improvement 1.10.2 If Contractor(s) has not received a quality rating or accreditation, the Head Start Program will conduct a quality assessment using a modified version of the Early Childhood Environmental Rating Scale (ECERS), a modified CLASS observation and assessment and portions of the Program Administration Scale (PAS) for Early Childhood Leadership and Management; 1.10.3 Contractor(s) will apply for participation in Quality First rating system. For those Contractor(s) who have already received a quality rating, the Head Start Program will review existing quality improvement plans and activities that have been developed with Quality First Coaches specifically looking for areas that will need additional support to ensure that the CC program is able to meet HS performance standards at the time of funding; 1.10.4 The County Head Start program understands and complies with Arizona Child Care Licensing’s (CCL) rules and regulations for all its center-based classrooms. Contractor(s) must be knowledgeable in the licensing processes and procedures to meet Department of Health Services CCL rules and regulations. SERIAL180009-RFP 1.11 QUALIFICATIONS REQUIREMENTS: Contractor shall provide information on the following: 1.11.1 Child Care Center Back Ground: 1.11.1.1 History and Experience in Child Care services; 1.11.1.2 Experience with the Department of Health Services Office of Child Care Licensure (AZ DHS); Arizona Department of Economic Security Child Care Administration Subsidy Program; Arizona Department of Education Child and Adult Care Food Program (CACFP); First Things First Quality First (FTF QF); and Other national accreditation programs such as NAEYC, NAC, or CDA 1.11.1.3 Experience in implementing evidenced-based curriculum; and 1.11.1.4 Policies and practices of child supervision and transition in and out of classrooms, playgrounds, and center. 1.11.2 Facility Capacity: 1.11.2.1 Proposed use of indoor and outdoor space including footage per child in the HS/EHS classrooms and playgrounds; 1.11.2.2 Information on facilities preparedness to meet Head Start quality standards; 1.11.2.3 Describe designated space to host parent meetings; and support staff 1.11.2.4 Computer and Internet availability for teachers in the classrooms 1.11.3 Communities Served: 1.11.3.1 Experience in successfully reaching out to and serving: 1.11.3.1.1 Low income children and their families; 1.11.3.1.2 Children with Disabilities; 1.11.3.1.3 Families receiving Public Assistance i.e. Temporary Assistance for Needy Families (TANF) and/or Social Security Insurance (SSI); 1.11.3.1.4 Families experiencing Homeless; and 1.11.3.1.5 Children in Foster Care 1.11.4 Organizational Capacity: 1.11.4.1 Procedures for orientation of new staff; ongoing staff development; regular opportunities for supervision and support; systematic performance appraisals; 1.11.4.2 Approach to process for budget planning; payroll and operating expenses process to ensure timely payments are paid; 1.11.4.3 Utilize Standard accounting procedures and engagement with fiscal reviews 1.11.5 Center Operations: 1.11.5.1 Facility Health and Safety Plans; Risk- Management plans; SERIAL180009-RFP 1.11.5.2 Adequacy of space to meet the needs of staff wellness (space for breaks and planning); 1.11.5.3 Communication: frequency and quality of internal communications; including staff meetings and dispute resolution; communication and engagement efforts with families; 1.11.5.4 Hours of operation; Days of Operations per month. SERIAL180009-RFP EXHIBIT C BUDGET PER CLASSROOM: Expense Description Detail Projected Category Expense Salaries for Staff Assigned to the EHS Classroom Personnel Salary for full-time teacher, assistant teacher, and part-time $72,000 floater Employment taxes, insurance, and variable benefits Fringe Benefits 20% of gross salary for payroll taxes and retirement plus $5000 $15,340 for each full-time employee for health insurance benefits Supplies Including diapers, wipes, food, consumables, office and classroom $21,663 supplies Administrative Costs (Not to exceed 15% of total Allocated Portion Administrative Expenses $6,543 expense) Income Description Detail Projected Category Income • CACFP reimbursement for 8 EHS children of $939 per Projected Income month =$11,270 annual (State Funded Reimbursements • $3,315 Subsidies/Scholarships per month based on two -$32,270 to Partner) children in each classroom receiving subsidies/scholarships= $21,000 annual Projected Billable to MCHSD Maricopa County Reimbursement for Education and Care services of 8 EHS enrolled children $83,276 (NET after calculation of other reimbursements) NOT TO EXCEED $83,276 SERIAL180009-RFP EXHIBIT D CHILD CARE SERVICES CHECKLIST SERIAL180009-RFP EXHIBIT E PROGRAM CALENDAR Mi Escuelita Childcare LLC Total number of operating days for the contract period:___251______ SERIAL180009-RFP EXHIBIT F EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 8. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 9. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal SERIAL180009-RFP opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 10. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed. SERIAL180009-RFP EXHIBIT G CERTIFICATION REGARDING DEBARMENT Instruction for Certification 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," debarred," "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier transaction with a person who is suspended, debarred, ineligible or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. SERIAL180009-RFP CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (Before completing certification, read instructions which are an integral part of the certification) 1. The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it, nor its principals, are presently debarred, suspended, proposed from debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SERIAL180009-RFP EXHIBIT H ACCOUNTING CERTIFICATION STATEMENT Maricopa County Human Services Department 234 North Central, Suite 3000 Phoenix, Arizona 85004 To Whom It May Concern: We are Certified Public Accountants and have been engaged to perform a preliminary survey of the accounting system of Mi Escuelita Child Care LLC. (name of applicant). We understand that as part of the Request for Proposal (RFP) process, the Human Services Department (HSD) requires that applicants obtain an accounting system certification from an independent CPA. The purpose of such a review is to provide HSD with certain assurances that the applicant has internal accounting controls and administrative procedures in place which should provide reasonable assurance that claims for reimbursement are accurate, costs are allowable under the contract, and that costs are supported by source documentation. Because of the limited scope of such a review, we are not able to render an opinion on the accounting system. However, our review resulted in no exceptions to HSD's criteria as indicated on the attached checklist. SERIAL180009-RFP SERIAL180009-RFP SERIAL180009-RFP EXHIBIT I LOBBYING PACKET Public Law 101-121 (31 U.S.C. 1352) For Reference see Federal Register, dated 2/26/90, Vol. 55, No 18 Dear Respondent, Contractor, Subcontractor, Please review the attached forms and respond as appropriate. Attachment I In order to enter into an agreement with the Maricopa County for the provision of Award services or to amend a current agreement you are required to sign the Certification Regarding Lobbying. Please submit it to this sender with your Proposal, Contract, or Amendment. Attachment II If paragraph 2 of Attachment I applies, then complete this Disclosure of Lobbying Activities form and submit it with the certification. Instructions There is a distinction between lobbying and advocacy. As long as "advocacy" does not involve influencing the obtaining of a specific grant or contract, but is merely advocacy for the general benefit of the target population served, it is not lobbying and there may be no need for certification or disclosure. Each case must be reviewed individually by the recipient as the recipient is responsible for compliance and sanctions. Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of information contained in any disclosure form previously filed. SERIAL180009-RFP Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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. (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 this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SERIAL180009-RFP SERIAL180009-RFP SERIAL180009-RFP EXHIBIT J SERIAL180009-RFP EXHIBIT K SERVICE DELIVERY METHODOLOGY SERIAL180009-RFP SERIAL180009-RFP EXHIBIT L IMPLEMENTATION TIMELINE Mi Escuelita Child Care 2747 W. Southern Ave Ste 4 Tempe AZ 85282 Proposed Contract: 16 Enrollments of Children ages birth to 36 months (2 classrooms) Early Head Start Child Care Partnership Implementation Timeline Contract #: 180009-RFP SERIAL180009-RFP Facilities (See Scope of Work Section 2.0 Sub- Section 2.5 and 2.7) Oct. Nov Dec. Jan. Feb Mar. Apr. May June Partner Confirm contracted classroom location and other location to be utilized for partnership activities, with • Maricopa County Joint Meet with Maricopa County staff to identify facility needs • Develop facility plan for needed improvements indoor/outdoor • Develop plan to identify materials and supplies • Modification of license if needed • Completion of CACFP application, if needed • Attain property release from owner of the building, if needed • • Maricopa Order and deliver classroom supplies County • Art materials • Resource library for teachers/directors • Classroom books • • • SERIAL180009-RFP • Creative Curriculum Partner Confirm high speed internet and working phones in • • • proposed classrooms Maricopa • • • County Complete all necessary renovation Joint Classroom set up • Fire inspection if needed • Licensing inspection if needed • Joint Complete Health and Safety Assessment of proposed • • classrooms Partner • • Mount promotional banner on facility Partner Complete pending corrections from Health and Safety inspection • Provide documentation of corrections to facility • • Partner Develop/revise health and safety policies and procedures • • Partner • Apply for Quality First , if needed Maricopa • • • County Health and Safety monitoring Staff Recruitment & Training (See Scope of Work 2.0 Sub-Section 2.3, 2.4, and 2.6) Partner Attend Directors Academy facilitated by Maricopa • • • County SERIAL180009-RFP Partner • Establish teacher candidate pool or teachers needed Partner Create Job Descriptions that meets program contract • • requirements Joint Develop policies to ensure teacher retention • CDA Completion Policy • Partner • • • Hire teaching staff Partner Complete all necessary documentation prior to start • Staff file is completed with all required background checks, licensing requirements, First Aide/CPR, Food handlers and full health screening with TB, standard of conduct, supervision policy, confidentiality policy • • Partner Complete Professional Development Plan and • performance Appraisal Partner Conduct New Employee Orientation • Provide an overview of the EHS CCP • Health and Safety Practices • Supervision of Children • Program Expectations • Partners Teachers attend Maricopa County Pre-service training for • • 1 week SERIAL180009-RFP Joint with Enroll teachers into the CDA Cohort with Rio Salado Rio Salado • Confirm enrollment, if needed • • Confirm completion of scholarship application, id needed Joint Teachers are given access to computers • Emails are set up for Tadpoles • Partner • Teachers facilitate home visits Partner • Teachers complete CDA cohort Partner • • Teachers Complete CDA Exam Partner • • Teachers provide proof of CDA Certificate Child and Family Recruitment & Enrollment (See Scope of Work 2.0 Sub-Section 2.2) Joint Begin Recruitment in collaboration with Maricopa County EHS CCP • Outreach activities promoting program to other families with young children • Outreach via community events • • • • • Door to door distribution of promotional flyers • • • • • SERIAL180009-RFP Joint Develop transition plans for eligible children to the EHS • • CCP Partner Provide revised fee schedule for EHS CCP before and • after care hours Partner Forward parent inquiries/parent application to Maricopa • County EHS CCP staff Parent Dual Enrollment Completed • Parents complete center enrollment • • • Joint • • • Children begin attending the program Recordkeeping & Reporting (See Scope of Work 2.0 Sub-Section 2.8 and 2.9) Joint Set-Up Accounting system for processing expenditures • related to contracted classrooms Joint • Set up attendance scanning system Partner • • Attend Child Plus Training Partner Provide revised parent handbook • Partner • Confirm staffing patterns Partner • Confirm staff salaries and incentives Partner Confirm schedule for paid planning time • Provide specific dates/times •