TEMPE COMMUNITY ACTION AGENCY CONTRACT.PDF

CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TEMPE COMMUNITY ACTION AGENCY
Contract Number: C-22-17-074-3-00
Contract Term Start Date: July 1, 2017
Contract Termination Date: June 30, 2018
Contract Amount: $615,000
DUNS Number: 062982517
1.0 PARTIES
1.1 This Contract (“Agreement”) is entered into by Tempe Community Action Agency, an
Arizona corporation, hereinafter referred to as the (“Contractor”), and Maricopa County,
administered by its Human Services Department, hereinafter referred to as the (“County”)
or the (“Department”.) The Contractor and County are collectively referred to herein as the
“Parties” and individually as a “Party.”
1.2 The County is authorized to enter into this Agreement under A.R.S. § 11-952.
1.3 The Contactor is authorized to enter into this Agreement under A.R.S. §
2.0 PURPOSE
2.1 The purpose of this Agreement is for the County to reimburse the Contractor the face value
of each check Contractor issues to landlords, mortgage companies or utility companies, on
behalf of eligible clients receiving financial assistance services related to eviction prevention,
move-in assistance and utility assistance. The Contractor shall issue payments/checks as
described in Service Description.
2.2 The Contractor is the successful proposer for a Bid Quote (PQ1805-001) for Check Writing
Services, issued on May 4, 2017. The bid quote is for the check writing fees only. The
Contractor shall be paid for check writing fees.
3.0 TERM OF AGREEMENT
3.1 The term of the Agreement is from July 1, 2017 through June 30, 2018.
3.2 The Agreements shall be effective upon signature by the Parties.
3.3 The Agreement may be extended for two (2) additional one (1) year terms, upon acceptance
and approval by the Parties through a formal Amendment. The County at its sole discretion,
shall have the option to extend the contract on a month to month basis for a maximum of
six (6) months after expiration.
3.4 The County shall notify Contractor of intent to extend Agreement 30 days prior to the end of
the term.
4.0 AMENDMENTS
Any changes to this Agreement shall be carried out in accordance with the following:
4.1 A written amendment, signed by both Parties, to this Agreement shall be required for every
standard purpose listed below and all other purposes;
4.2 Whenever the agreement period is lengthened and/or shortened;
4.3 For any other changes in terms and conditions of this Agreement which the Parties deem
substantial.

5.0 TERMINATION
5.1 This Agreement is subject to cancellation by the County in accordance with the provisions of
A.R.S. § 38-511.
5.2 Either Party may terminate this agreement at any time by giving the other Party at least sixty
(60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under
the Availability of Funds provision). The notice shall be given by personal delivery or by
registered or certified mail, postage prepaid and return receipt requested, to the persons at the
addresses set forth on the cover page of this agreement.
5.3 This agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
5.4 The County has the right to terminate this agreement upon twenty-four (24) hour notice when
the County determines that the health or welfare of the service recipients are endangered or
the Contractor’s non-compliance jeopardizes funding source financial participation. If not
terminated by one of the above methods, this agreement shall terminate upon the expiration of
the term of this agreement stated on the cover page of this agreement.
6.0 DEFINITIONS
As used throughout this Agreement, the following words and terms shall have the following
meanings:
6.1 ADES means the Arizona Department of Economic Security.
6.2 Agency means the Contractor’s business operation
6.3 Agreement means this Contract between Maricopa County, administered by its Human
Services Department, and the Contractor.
6.4 Assistant Director means the Director of the Community Services Division within the
Human Services Department.
6.5 Board of Supervisors means the Maricopa County Board of Supervisors.
6.6 Contract Administrator means the person administering this agreement on behalf of the
Department.
6.7 Contractor means the person, firm or organization listed on the cover page of this agreement.
6.8 County means Maricopa County, a political subdivision of the State of Arizona.
6.9 CSD means Community Services Division
6.10 Department means the Maricopa County Human Services Department, or MCHSD.
6.11 Director means the Director of the Maricopa County Human Services Department.
6.12 Division means a section of the Human Services Department, or CSD.
6.13 HSD Online means the Human Services Department client database system
6.14 Juvenile means any person under the age of eighteen (18).
6.15 MCHSD/CSD means the Maricopa County Human Services Department – Community
Services Division.
6.16 Public Agency has the meaning prescribed by A.R.S. § 11-951.
6.17 Subcontract means any contract entered into by the Contractor with a third party for
performance of any of the work or the provision of any of the services under this agreement.
6.18 Subcontractor means an entity employed by or funded through the Contractor to perform
any of the work or provide any of the services under this agreement.
6.19 Vulnerable Adult means an individual who is eighteen years of age or older and who is unable
to protect himself from abuse, neglect or exploitation by others because of a physical or mental
impairment. Vulnerable adult includes an incapacitated person as defined in A.R.S. 14-5101.
7.0 FUNDING
7.1 The Agreement reimbursement amount shall not exceed $615,000.
7.2 The funding amount for reimbursements paid to landlords, mortgage and utilities shall not
exceed $600,000.
7.3 The Contractor shall be paid for the check writing fees not to exceed $15,000.
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7.4 Funding for this Agreement shall utilize the following funds and Catalog of Federal
Domestic Assistance (CFDA)
The Catalog of Federal Domestic Assistance is a government-wide collection of Federal
programs, projects, services, and activities that provide assistance or benefits to the
American public. The Catalog contains financial and nonfinancial assistance programs
administered by departments and establishments of the Federal government.
93-667 Social Services Block Grant (SSBG)
93-569 Community Services Block Grant (CSBG)
93-558 Temporary Assistance for Needy Families (TANF)
93-568 Low Income Home Energy Assistance Program (LIHEAP)
8.0 SERVICE REQUIREMENT
8.1 County Responsibilities:
8.1.1 MCHSD/CSD shall conduct client eligibility and approve client applications for
financial assistance and approve vouchers for payment using the HSD Online
database system.
8.1.2 MCHSD/CSD shall coordinate with the Contractor’s staff to monitor the services
provided by the Contractor including, but not limited to, a check reconciliation
process.
8.1.3 MCHSD/CSD shall provide applicable training to the Contractor on the use of the
HSD Online database and related processes and forms required to accomplish the
contracted services.
8.1.4 MCHSD/CSD staff, specifically the Program Specialist and the Administrative
Supervisor, will be available for inquiries to assist with expediting the check writing
process.
8.2 Contractor Responsibilities
8.2.1 Utilizing the HSD Online database system, the Contractor shall issue checks to
landlords, mortgage companies, and utility companies on a weekly basis as services
are entered and approved in the database system.
8.2.2 The Contractor shall have sufficient funds to pay the face value of the checks
authorized and issued, until reimbursement from the County is received.
8.2.3 Contractor shall have procedures in place to issue checks in the event of an
emergency situation where the issuance of check(s) is requested by MCHSD/CSD.
8.2.4 Contractor shall generate an HSD Online database report on a weekly basis to
determine the number of checks to be issued for the week. Based on the report, the
Contractor will issue separate checks for each identified service, and appropriate
fund source. In some cases, several checks may be issued on behalf of a client
utilizing several fund sources and paid to the same vendor.
8.2.5 The Contractor will ensure check numbers and check dates for each payment are
entered into the HSD Online database within two (2) business days of the check
issuance.
8.2.6 The Contractor shall be responsible for completion and filing of Federal Tax Form
1099, as necessary, and appropriately forwarding to each check recipient.
8.2.7 On a quarterly basis the Contractor shall provide MCHSD/CSD with information
on any checks which remain unredeemed more than thirty (30) days from the date
of issuance.
8.2.8 The Contractor shall submit a report on a monthly basis, notifying MCHSD/CSD
of any voided checks.
8.2.9 The Contractor shall develop and implement procedures for the issuance of checks,
in the event of illness, vacation or other absences of Contractor staff responsible for
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check writing. The Contractor shall provide written alternate procedure to
MCHSD/CSD within 30 days of the contract execution.
9.0 REPORTING REQUIREMENTS
9.1 The Contractor shall submit the following to MCHSD/CSD:
9.1.1 Financial Claim on a monthly basis, or as otherwise agreed upon in this Contract.
9.1.2 Additional reports may be requested as needed by MCHSD/CSD.
9.1.3 Reports will be submitted to:
Attention: Administrative Services Supervisor
Maricopa County Human Services Department
Community Services Division
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004
10.0 NOTICES
Notices regarding this agreement shall be sent to the following representatives
10.1 For the County
Sandra Mendez, Assistant Director, Community Services Division
Address: 234 N. Central Ave., Suite 3000, Phoenix, AZ 85004
Phone: 602-506-5911
E-mail: mendezs002@mail.maricopa.gov
10.2 For the Contractor
Deborah Arteaga, Executive Director
Address: 2146 E. Apache Blvd., Tempe, AZ 85281
Phone: 480-422-8922 Ext. 5883
Email: deboraha@tempeaction.org
11.0 AVAILABILITY OF FUNDS
11.1 The provisions of this agreement relating to the payment for services shall become effective
when funds assigned for the purpose of compensating the Contractor, as provided herein, are
actually available to the Department for disbursement. The Director shall be the sole authority
in determining the availability of funds under this agreement and the Department shall keep
the Contractor fully informed as to the availability of funds.
11.2 If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection
with this agreement, the Board of Supervisors may amend, suspend, decrease or terminate its
obligations under or in connection with this agreement. In the event of termination, the
County shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services performed are in accordance with the provisions of
this agreement. The Department shall give written notice of the effective date of any
suspension, amendment, or termination under this section at least ten (10) calendar days in
advance.
12.0 DISPUTES
12.1 Except as may otherwise be provided for in this agreement, any dispute arising out of this
agreement that is not resolved between the Parties within a reasonable period of time, which
shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the
following dispute resolution process.
12.2 Notice of the specific grounds of a dispute shall be in writing and filed with the Community
Services Division Assistant Director within (10) working days from the date Contractor knew
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or should have known of the basis of the dispute. The Assistant Director shall respond in
writing to the Contractor within fourteen (14) working days. The decision of the Assistant
Director shall be final and conclusive unless, within seven (7) working days from the date
Contractor is served with the decision, Contractor files a written notice of appeal with the
Human Services Department Director, who shall provide Contractor with a written response
within fourteen (14) working days following receipt of Contractor’s notice of appeal. The
decision of the Department Director shall be final and not appealable.
12.3 Pending a final decision of the Department Director, the Contractor shall proceed diligently
with its performance of this agreement in accordance with the Assistant Director’s decision.
13.0 SEVERABILITY
13.1 Any provision of this agreement that is determined to be invalid, void or illegal by a court shall
in no way affect, impair or invalidate any other provision hereof, and the remaining provisions
shall remain in full force and effect.
14.0 STRICT COMPLIANCE
14.1 MCHSD/CSD’s acceptance of Contractor’s performance that is not in strict compliance
with the terms of this agreement shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this
agreement shall be in writing and signed by both Parties.
15.0 NON-LIABILITY
15.1 The County, its officers, representatives, agents and employees shall not be liable for any act
or omission by Contractor, or any Subcontractor or any officer, representative, agent, or
employee of the Contractor or any Subcontractor that relates to this agreement, and shall
not be liable for any purchases or contracts made by Contractor, any Subcontractor, or any
officer, representative, agent, or employee of Contractor or any Subcontractor, in connection
with this agreement.
16.0 TECHNICAL ASSISTANCE
16.1 The Department shall provide reasonable technical assistance to Contractor to assist
Contractor in complying with state and federal laws, regulations, and accountability for diligent
performance and compliance with the terms of this agreement and all applicable laws,
regulations and standards. However, this assistance shall not relieve Contractor of full liability,
responsibility and accountability for its actions and performance to comply with the terms of
this agreement.
17.0 SAFEGUARDING OF PARTICIPANT INFORMATION
17.1 The use or disclosure by Contractor of any information concerning an applicant for, or
recipient of, services under this agreement is directly limited to the conduct of this agreement.
Contractor and its agents shall safeguard the confidentiality of this information, just as
Contractor would safeguard its own confidential information. Contractor shall include a clause
to this effect in all Subcontracts related to this agreement.
17.2 The Contractor shall comply with the requirements of the Arizona Address Confidentiality
Program, A.R.S. § 41-161 et.seq.
18.0 AGREEMENT COMPLIANCE MONITORING
18.1 MCHSD/CSD shall monitor Contractor's compliance with, and performance under, the terms
of this agreement. On-site visits for compliance monitoring may be made by the County,
Department and/or its grantor agencies at any time during Contractor's normal business
hours, announced or unannounced.
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18.2 During an on-site visit, Contractor shall make all of its records and accounts related to work
performed and services provided under this agreement available to the Department for
inspection and copying.
19.0 RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS
19.1 Should program monitoring or application quality assurance review result in findings related to
direct service funds being paid for ineligible individuals or in amounts above allowable
program limits, the Contractor shall repay those funds to the County upon written notification
by the CSD Assistant Director.
20.0 MINIMUM WAGE REQUIREMENTS
20.1 Contractor warrants that it shall pay all its employees who are performing work or providing
services under this agreement not less than the minimum wage specified under Section
206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.).
20.2 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.
21.0 INDEMNIFICATION
21.1 The Contractor shall indemnify, defend save and hold harmless the State of Arizona and
Maricopa County, any jurisdiction or agency issuing any permits for any work arising out of
this Agreement, and their respective directors, officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”) from and against any and all claims, actions,
liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of
claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily
injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of Contractor and any of its Subcontractors, or any of the directors, officers,
agents, or employees of Contractor and any of its Subcontractors. This indemnity includes
any claim or amount arising out of or recovered under the Workers’ Compensation Law or
arising out of the failure of the Contractor or any of its Subcontractors to conform to any
federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the
Contractor and any of its Subcontractors from and against any and all claims. It is agreed that
the Contractor and any of it Subcontractors will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable.
22.0 INSURANCE REQUIREMENTS
22.1 Contractor, shall purchase and maintain the herein stipulated minimum insurance from a
company or companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated insurance may
be purchased from a company or companies who are authorized to do business in the State
of Arizona, provided that said insurance companies meet the approval of County. The form
of any insurance policies and forms must be acceptable to County.
22.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Agreement is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Agreement.
22.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or
self-insurance maintained by County shall not contribute to it.
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22.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect coverage afforded under the
insurance policies to protect County.
22.5 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.
22.6 County reserves the right to request and to receive, within 10 working days, certified copies
of any or all of the herein required insurance certificates. County shall not be obligated to
review policies and/or endorsements or to advise Contractor of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed
a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this
Agreement.
22.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees and the
state of Arizona as Additional Insured’s.
22.8 The policies required hereunder, except Workers’ Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of Contractor’s work or
service.
22.9 The Contractor’s policies shall stipulate that the insurance afforded the Contractor shall be
primary insurance and that any insurance carried by the County, its agents, officials,
employees or the State of Arizona shall be excess and not contributory insurance, as
provided by A.R.S. § 41-621 (E).
22.10 Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
22.11 Commercial General Liability:
22.11.1 Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate
Limit. The policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which would
serve to limit third party action over claims. There shall be no endorsement or
modifications of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
22.12 Workers’ Compensation:
22.12.1 Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor’s employees engaged in the performance
of the work or services under this Agreement; and Employer’s Liability insurance of
not less than $1,000,000 for each accident, $1,000,000 disease for each employee,
and $1,000,000 disease policy limit.
22.12.2 Contractor waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this Agreement.
22.13 Sexual Molestation And Physical Abuse:
22.13.1 When services involve working with these groups of individuals, the insurance
requirements in the Agreement need to be revised to include coverage for "sexual
molestation and physical abuse". Coverage for this type of claim, or allegation, is
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excluded from standard general liability policies. Therefore, Contractor whose
services include working with and/or caring for children/elderly and disabled
persons should have their policies specifically endorsed to include this coverage.
22.14 Commercial General Liability – Occurrence Form:
Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
22.14.1 The policy shall be endorsed to include coverage for physical/sexual abuse
and molestation.
22.14.2 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".
Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
22.15 Certificates of Insurance:
22.15.1 Upon Agreement execution, Contractor shall furnish the County with valid and
complete certificates of insurance or formal endorsements as required by the
Agreement, issued by Contractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Agreement are in full force
and effect. Such certificates shall identify this Agreement number and title.
22.15.2 Prior to commencing work or services under this Agreement, Contractor shall have
insurance in effect as required by the Agreement in the form provided by the
County, issued by Contractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Agreement are in full force
and effect. Such certificates shall be made available to the County upon ten (10)
business days. By signing the agreement page the Contractor agrees to this
requirement and failure to meet this requirement will result in cancellation of
agreement.
22.15.3 In the event any insurance policy(ies) required by this Agreement is (are) written on
a “claims made” basis, coverage shall extend for two years past completion and
acceptance of Contractor’s work or services and as evidenced by annual Certificates
of Insurance.
22.15.4 If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
22.16 Cancellation and Expiration Notice:
22.16.1 Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
22.16.2 If the Contractor provides professional or semi-professional personal services under
this agreement for which malpractice or professional liability coverage is available,
such as medical, psychiatric, or legal services, Contractor shall carry minimum
liability coverage of $2,000,000 each occurrence and provide the County with proof
of coverage.
22.17 Subcontractors:
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or
Contractor shall furnish to the State of Arizona separate certificates for each subcontractor.
All coverages for subcontractors shall be subject to the minimum requirements identified
above.
22.18 Approval:
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Any modification or variation from the insurance requirements in any Agreement must have
prior approval from the County whose decision shall be final. Such action will not require a
formal Agreement amendment, but may be made by administrative action.
23.0 BONDING
23.1 Contractor shall not receive any initial reimbursements under this agreement in an amount
greater than the Contractor's bonding limit. Contractor shall provide the Contract
Administrator with documentation of required bonding.
23.2 Contractor shall have fidelity bonding of not less than the maximum amount of cash on hand
or an amount equal to the initial reimbursement, whichever is greater.
23.3 Bonding requirements shall prevail throughout the term of this agreement.
24.0 EQUAL EMPLOYMENT OPPORTUNITY
24.1 Contractor shall not discriminate against any employee or applicant for employment because
of race, age, disability, color, religion, sex 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 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.
Contractor shall, to the extent such provisions apply, comply with Title VI and VII of the Civil
Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as
amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of 1967, as
amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 1990 (42 U.S.C. §§
12101, et seq.); and Arizona Executive Order 2009-09, which mandates that all persons shall
have equal access to employment opportunities.
25.0 FINANCIAL MANAGEMENT
25.1 The Contractor shall establish and maintain financial records as required by 2 CFR § 200, and
OMB Circulars.
26.0 RETENTION OF RECORDS
26.1 The Contractor shall maintain all records required by the Federal regulations specified in 2
CFR § 200, and OMB Circulars that are pertinent to the activities to be funded under this
Agreement.
26.2 Contractor shall retain all records related to this agreement for six (6) years after final payment
or until after the resolution of any audit questions, which could be more than six (6) years,
whichever is longer. The Department, federal and 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 of the records.
27.0 COMPLIANCE WITH APPLICABLE LAWS
27.1 The Contractor shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State, and Local governments whether or not
specifically referenced herein. Specifically, the following apply:
27.1.1 Unless exempt under Federal law, the Contractor shall comply with Title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act,
and State Executive Order No. 75-5, as updated in State Executive Order No. 99-4,
which mandates that all persons, regardless of race, color, religion, sex, age, national
origin, or political affiliation, shall have equal access to employment opportunities.
The Contractor shall comply with the Rehabilitation Act of 1973, as amended, which
prohibits discrimination in the employment of qualified persons because of physical or
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mental disability. Both Parties shall comply with the requirements of the Fair Labor
Standards Act of 1938, as amended.
27.1.2 The Contractor shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in, contract services on the basis of
race, color, or national origin. Both Parties shall comply with the requirements of
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination on the basis of disability, in delivering contract services; and with Title
II of the Americans with Disabilities Act, and the Arizona Disability Act, which
prohibits discrimination on the basis of physical or mental disabilities in the provision
of contract programs, services, and activities.
27.1.3 The Contractor shall not discriminate upon the basis of race, color, creed, religion,
ancestry, national origin, sex, gender, sexual orientation, gender identity, disability, age,
marital status or status with regard to the benefits of, or participation in, or use of the
programs, services, and activities.
27.2 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges that:
27.2.1 Its subcontractors, if any, warrant their compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with A.R.S. § 23-
214, subsection A;
27.2.2 A breach of a warranty under sections listed above, shall be deemed a material breach
of this Agreement that is subject to penalties up to and including termination of the
Agreement;
27.2.3 The contracting Party retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on this Agreement to ensure that the Parties are
complying with the warranty provided under subsections listed above and that the
Parties agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection;
27.2.4 That nothing herein shall make the Contractor or its agents or employees of the
County.
28.0 IMMIGRATION LAWS AND REGULATIONS
Federal Immigration and Nationality Act
28.1 The Contractor understands and acknowledges the applicability of the Immigration Reform
and Control Act of 1986 (IRCA). The Contractor agrees to comply with the IRCA in
performing under this Agreement and to permit the County to inspect personnel records to
verify such compliance.
28.2 By entering into this Agreement, the Contractor warrants compliance with the Federal
Immigration and Nationality Act (FINA) and all other Federal immigration laws and
regulations related to the immigration status of its employees. The Contractor shall obtain
statements from their subcontractors certifying compliance and shall furnish the statements to
the County upon request. These warranties shall remain in effect through the term of the
Agreement. The Contractor and their subcontractors shall also maintain Employment
Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s Immigration
and Control Act for all employees performing work under the Agreement. I-9 forms are
available for download at USCIS.GOV.
28.3 The County may request verification of compliance for any employee or subcontractor
performing work under the Agreement. Should the County suspect or find that the Contractor
or any of its subcontractors are not in compliance, then the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor or its subcontractor.
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28.4 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:
28.4.1 That Contractor and its vendors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance
with A.R.S. § 23-214;
28.4.2 That a breach of a warranty under subsection 25.4.1 above, shall be deemed a material
breach of this Agreement and the County may immediately terminate this Agreement
without liability;
28.4.3 That the County and any contracting government entity retains the legal right to
inspect the papers and employment records of the Contractor or vendors employee
who works on this Agreement to ensure that the Contractor or vendors is complying
with the warranty provided under subsection 25.4.1 above and that the Contractor
agrees to make all papers and employment records of said employee(s) available
during normal working hours in order to facilitate such an inspection.
29.0 DRUG FREE WORKPLACE ACT
29.1 The Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et
seq.), which requires that contractors and grantees of federal funds must certify that they will
provide drug-free workplaces. This certification is a precondition to receiving a grant or
entering into this Agreement.
30.0 EMPLOYMENT DISCLAIMER
30.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint
venture agreement, partnership, or other business association or organization of any kind
between the Parties, and the rights and obligations of the Parties shall be only those expressly
set forth in this Agreement.
30.2 The Contractor agrees that no individual performing under this Agreement on behalf of
Contractor may be considered a County agent, employee, or representative and that no rights
of County civil service, County retirement, or County personnel rules shall accrue to or apply
to any such individual.
30.3 Contractor shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workers’ compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant thereto
concerning such individuals and the Contractor shall indemnify, defend and hold harmless the
County with respect thereto.
31.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
31.1 The Contractor, by signing this Agreement, represents that he/she has the authority to bind
Contractor to the terms of this Certification. Contractor, as the primary participant in
accordance with 45 CFR. Part 76, certifies to the best of its knowledge and belief that it and its
principals:
31.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
31.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been
convicted of or had a civil judgment rendered against them for (1) the commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, State, or local) transaction or contract under a public
transaction; (2) the violation of any federal or State antitrust statutes or (3) the
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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31.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, State, or local) with the commission of any of the offenses enumerated
in subparagraph 28.1.2 above;
31.1.4 Have not, within a three-year period preceding this Start Date of this Agreement, had
one or more public transactions (federal, State, or local) terminated for cause or
default;
31.1.5 Shall immediately notify the County if, at any time during the term of this Agreement,
it is debarred, suspended, declared ineligible, or voluntarily excluded from
participation. The County may pursue available remedies in the event of such
occurrence, including immediate termination of this Agreement without liability; and
31.1.6 Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded
from participation. The Department may pursue available remedies in the event of
such occurrence, including immediate termination of this Agreement without liability.
31.1.7 Contractor shall include, without modification, the language of this Certification, in all
agreements with all sub-recipients and other subcontractors; in all lower tier covered
transactions, and in all solicitations for lower tier covered transactions in accordance
with 45 CFR Part 76.
31.1.8 If Contactor is not able to provide this Certification, an explanation as to why shall be
immediately provided to the Department Representative at the address set forth on
the Cover Page of this Agreement.
32.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
32.1 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;
32.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request; and
32.3 Contractor shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
33.0 ISRAEL BOYCOTT:
Per A.R.S. § 35-393, Contractor certifies that they are not currently engaged in, and agrees for the
duration of the Contract to not engage in, a boycott of Israel.
34.0 CHANGES REQUESTED BY COUNTY
34.1 The County may, at any time, by written Change Order/Administrative Change executed by
the Human Services Department Director, make changes within the general scope of this
agreement in any of the areas:
34.1.1 Specific program rules, regulations, application procedures; and minor responsibility
revisions; and
34.1.2 Administrative requirements such as reporting criteria.
34.2 Any dispute or disagreement resulting from such written changes or budget Change Orders
shall constitute a dispute within the meaning of the dispute clause in the Agreement and shall
be adjusted accordingly.
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34.3 Any other changes shall be made through a formal Amendment as listed in section 5.0 of this
Agreement.
35.0 CONTRACTOR CHANGES
35.1 The Contractor is required to notify the CSD Assistant Director, in writing, within fifteen
(15) calendar days of any changes in the following:
35.1.1 agency authorized signatory
35.1.2 agency address, phone, fax, email addresses
35.1.3 person to whom notices under this Agreement should be sent
35.2 Any variation to insurance requirements other than those indicated in this Agreement must
be approved through the formal Amendment as listed in section 5.0 of this Agreement.
36.0 BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
36.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety
as provisions of this Contract.
36.2 Contractor shall conduct Central Registry Background Checks on all 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:
36.2.1 Any person, their employees or volunteers who apply for a contract with MCHSD;
or
36.2.2 All employees of the Contractor; or
36.2.3 A subcontractor of the Contractor and the subcontractor’s employees; and
36.2.4 Prospective employees of the Contractor or its subcontractor at the request of the
prospective employer.
36.3 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.
36.4 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.
36.5 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.
36.6 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:
36.7 The person is not currently the subject of an investigation of child abuse or neglect in
Arizona or another state or jurisdiction; and
36.8 The person has not been the subject of an investigation of child abuse or neglect in Arizona,
or another state or jurisdiction, which resulted in a substantiated finding. The Certification
for Direct Service Position is located at:
https://des.az.gov/documents-center?qt-content-tab=0 in search by name field enter
“Background” and select DDD-1703A
36.9 If the Central Registry Background Check specifies any disqualifying act and the person does
not have a Central Registry exception, the person shall be prohibited from providing direct
services under this contract.
36.10 The Contractor shall maintain the Central Registry Background Check results and any
related forms or documents in a confidential file for five (5) years after termination of the
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Contract.
36.11 Upon request the Contractor shall provide valid Background Check information to the
County.
37.0 FINGERPRINTING
37.1 Contractor shall comply with the Provisions of A.R.S. § 46-141 as may be amended.
37.2 Contractor shall comply with, and shall ensure that all Contractor’s employees, independent
contractor, subcontractors, volunteers and other agents comply with, all applicable (current
and future) legal requirements relating to fingerprinting, fingerprinting clearance cards,
certification regarding pending or past criminal matters, and criminal records checks that
relate to contract performance.
37.3 Applicable legal requirements relating to fingerprinting, certification, and criminal
background checks may include, but not limited, to the following: A.R.S. §§ 36-594.01, 36-
3008, 41-1964, and 46-141. All applicable legal requirements relating to fingerprinting,
fingerprint clearance cards, certification regarding pending or past criminal matters, and
criminal records checks are hereby incorporated in their entirety as provisions of this
Contract. The Contractor is responsible for knowing which legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal
matters, and criminal records checks relate to contract performance.
37.4 To the extent A.R.S. §§ 46-141 is applicable to contract performance or the services
provided under this Contract, the following provisions apply:
37.4.1 Personnel who are employed by the Contractor, whether paid or not, and who are
required or allowed to provide services directly to juveniles or vulnerable adults shall
have a valid fingerprint clearance card or shall apply for a fingerprint clearance card
within (7) seven working days of employment.
37.4.2 Except as provided in A.R.S. § 46-141, this Contract may be cancelled or terminated
immediately if a person employed by the Contractor and who has contact with
juveniles certifies pursuant to the provisions of A.R.S § 46-141 (as may be amended)
that the person is awaiting trial or has been convicted of any of the offenses listed
therein in the State, or of acts committed in another state that would be offenses in
this State, or if the person does not possess or is denied issuance of a valid
fingerprint clearance card.
37.5 Upon request the Contractor shall make available valid Fingerprinting information to the
County.
38.0 FUNDING RESTRICTIONS
The Contractor shall be reimbursed for the face value of each check issued on behalf of eligible
clients. No indirect costs will be included in the Contractor’s claims to the County for
reimbursement.
39.0 COMPENSATION
39.1 The Contractor shall complete a Monthly Reimbursement Claim form with supporting
documentation, a minimum of one time per month by the 10th working day of each month.
39.2 Claim forms shall include the following data elements for each check issued:
39.2.1 Date of each check
39.2.2 Check number
39.2.3 Amount of each check issued
39.2.4 Fund source use for each check
39.3 Contractor may submit for reimbursement more than one time per month as needed.
Contractor shall notify the Contract Administrator or Assistant Director when necessary and
agreed upon by CSD and Contractor.
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39.4 The final invoice for the program/fiscal year shall be submitted the first week after the
program/fiscal year ends or as directed by the Department.
40.0 METHOD OF PAYMENT
40.1 Upon receipt of the approved Claim form and supporting documentation from the
Contractor, the County shall reimburse the Contractor for allowable costs.
40.2 Should MCHSD/CSD identify a disallowance in a claim, the claim shall be rejected and a
revised claim shall be resubmitted by the Contractor for the reduced amount.
40.3 If the Contractor protests the disallowed amount or the reasons for a disallowance, the
protest shall be construed as a dispute concerning a question of fact within the meaning of
the “Dispute” clause of this Agreement.
41.0 INCORPORATION OF DOCUMENTS:
41.1 The following are to be attached to and made part of this Contract:
41.2 Exhibit A: Solicitation 1805-001 Check Writing Services
41.3 Exhibit B: Packet for Bid Quote for 1805-001 Check Writing Services
41.4 Exhibit C: Financial Assistance Claim form
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in
any lawsuit brought against the State of Arizona, the County, or the Contractor in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
TEMPE COMMUNITY ACTION AGENCY: MARICOPA COUNTY:
______________________________________ _____________________________________
Authorized Signature Chairman, Board of Supervisors
______________________________________ _____________________________________
DATE DATE
Attested To:
___________________________________
Clerk, Board of Supervisors Date
In accordance with A.R.S. §§ 11-201, and 11-251, this Agreement has been reviewed by the undersigned
attorney(s) who has determined that this Agreement is proper in form and within the power and authority
granted to the County under the laws of the State of Arizona.
Approved as to form: Approved as to form:
___________________________________ ___________________________________
Attorney for the Contractor Date Deputy County Attorney Date
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