LDRC AGREEMENT FY18.PDF

CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
LODESTAR DAY RESOURCE CENTER
Contract No.: C-22-18-003-3-00
Contract Not-To Exceed: $33,000
Contract Start Date: July 1, 2017
Contract Termination Date: December 31, 2017
1.0 PARTIES
1.1 This Contract is a financial agreement (“Agreement”) between the Lodestar Day
Resource Center, a non-profit, community based organization (hereafter referred to as
“Contractor”) and Maricopa County administered by its Human Services Department,
(collectively referred to as the “County”) for baggage storage for individuals
experiencing homelessness at the Human Services Campus (“Campus”) located at 232
South 12th Street in Phoenix, Arizona 85007. Contractor and the County are collectively
referred to herein as the “Parties” and individually as “Party.”
1.2 Maricopa County is authorized to enter into this Contract under A.R.S. §§ 11-201 et seq.
and §11-254.04.
1.3 For and in consideration of the covenants and conditions, the Parties shall provide and
perform as set forth herein. All rights and obligations of the Parties shall be governed by
the terms of this Agreement, its exhibits, attachments, and appendices, including any
Subcontracts, Amendments, or Change Orders as set forth herein.
2.0 PURPOSE
The purpose of the Agreement is:
2.1 To provide baggage storage accommodations to men and women experiencing
homelessness on the Campus.
2.2 This Agreement outlines the responsibilities of the Parties to provide services and
temporary safe and secure baggage storage for clients accessing the Campus.
3.0 TERM
3.1 The Agreement shall be effective July 1, 2017 and will expire on December 31, 2017.
3.2 The Agreement shall become effective upon approval and signature by both Parties.
4.0 AGREEMENT RENEWAL
4.1 The Agreement may be renewed by a written amendment three (3) times for a period of
one (1) year each, provided however, that Contractor is in full compliance with all terms
and conditions of this Agreement.
5.0 AMENDMENTS
5.1 All Amendments to this Agreement shall be in writing and signed by authorized signers
for both Parties.
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6.0 TERMINATION
6.1 Pursuant to A.R.S. §38-511, a party may cancel this Agreement without penalty or further
obligation within three years after execution of the contract, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
that party is at any time while the Agreement or any extension of the Agreement is in
effect, an employee or agent of any other party to the Agreement in any capacity or
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement. Additionally, pursuant to A.R.S § 38-511 the party cancelling this Agreement
may recoup any fee or commission paid or due to any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on its behalf from any
other party to the contract arising as the result of the Agreement
6.2 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.
6.3 This agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.
6.4 The County has the right to terminate this agreement upon twenty-four (24) hour notice
when the County determines that the health or welfare of the service recipients are
endangered or the Contractor’s non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, this agreement shall
terminate upon the expiration of the term of this agreement stated on the cover page of
this agreement.
7.0 FUNDING
7.1 The County will pay Contractor an amount not to exceed $33,000 for the Agreement
term for services identified in section 10.0.
7.2 The funds shall be an amount of $33,000 for baggage storage services to individuals
experiencing homelessness. Operations costs for staff, security, and supplies will be
reimbursed at a cost not to exceed $5,500 per month.
8.0 AVAILABILITY OF FUNDS
8.1 The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor, as
provided herein, are actually available to the County for disbursement. The County shall
be the sole authority in determining the availability of funds under this agreement and
the County shall keep the Contractor fully informed as to the availability of funds.
8.2 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 County may amend, suspend, decrease or terminate
its obligations under or in connection with this agreement. In the event of termination,
the County shall be liable for payment only for services rendered prior to the effective
date of the termination, provided that such services performed are in accordance with
the provisions of this agreement. The 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.
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9.0 SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court shall in
no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall
remain in full force and effect.
10.0 RESPONSIBILITIES OF THE CONTRACTOR
10.1 Provide facility space to provide safe and secure temporary baggage storage to clients in
the Contractor’s Facility and through agreements with other organizations on the
Campus.
10.2 Hours of Operation: Contractor will ensure that the services and accommodations and
resources are available to all clients unless they present a danger to themselves or
others:
10.2.1 Baggage storage will be accessible by clients 7 days a week from 6 a.m. – 11 a.m. and 5
p.m. – 9 p.m.
10.3 Staffing: Contractor will ensure that the baggage service is properly staffed and available
to clients.
11.0 RIGHTS IN DATA
The Parties shall have the use of all project data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable regulation.
Each Party shall supply to the other Party, upon request, any available information that is relevant
to this Agreement and to the performance hereunder.
12.0 AGREEMENT COMPLIANCE MONITORING
The County shall monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Agreement. On-site visits for compliance monitoring may be made by the
County and/or its grantor agencies at any time during the Contractor's normal business hours,
announced or unannounced. During an on-site visit, the Contractor shall make all of its records
and accounts related to work performed and services provided under this Agreement available to
the County for inspection and copying.
13.0 AUDIT REQUIREMENTS
13.1 In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file with the
County, either:
13.1.1 Audited financial statements prepared in accordance with federal single audit
requirements or,
13.1.2 Financial statements prepared in accordance with generally accepted accounting
principles audited by an independent certified public accountant.
14.0 LOCATION WHERE SERVICES WILL BE PROVIDED
Lodestar Day Resource Center
232 South 12th Avenue
Phoenix, AZ 85007
15.0 NOTICES
For Maricopa County: For Lodestar Day Resource Center:
Margaret Kilman, Program Manager Dr. Sheila Harris, Executive Director
Community Development Division 1125 West Jackson Street
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234 North Central, 3rd Floor Phoenix, AZ 85007
Phoenix, AZ 85004 602-463-6315
602-506-4841 sharris@hsc-az.org
kilmanm@mail.maricopa.gov
16.0 EMPLOYMENT DISCLAIMER
16.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize
a joint venture agreement, partnership, or other formal business association or
organization of any kind between the Parties, and the rights and obligations of the
Parties shall be only those expressly set forth in this Agreement.
16.2 The Parties agree that no individual performing under this Agreement on behalf of the
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. The 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 the County harmless with respect
thereto.
16.3 The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Contractor agent, employee, or representative and that no
rights of Contractor civil service, retirement, or personnel rules shall accrue to or apply
to any such individual. The County shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workers’ compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such individuals and the County shall
indemnify, defend and hold harmless the Contractor with respect thereto.
17.0 SAFEGUARDING OF PARTICIPANT INFORMATION
17.1 The Contractor shall observe and abide by all applicable State of Arizona and federal
statues, rules and regulations regarding the use or disclosure of information including, but
not limited to, information concerning applicants for and recipients of contracted services.
To the extent permitted by law, the Contractor shall release information to the County,
and to the Attorney’s General’s Office as required by the terms of this Agreement, by law
or upon their request.
17.2 The Contractor shall comply with the requirements of the Arizona Address Confidentiality
Program, A.R.S. § 41-161 et. seq. The County will advise the Contractor as to applicable
policies and procedures adopted for such compliance.
17.3 The use or disclosure by any Party of any information concerning an applicant for, or
recipient of, services under this Agreement is directly limited to the conduct of this
Agreement. The Contractor and its agents shall safeguard the confidentiality of this
information, just as the Contractor would safeguard its own confidential information. The
Contractor shall include a clause to this effect in all subcontracts related to this
Agreement.
18.0 NON-LIABILITY
The County, its officers, representatives, agents, and employees shall not be liable for any act or
omission by Contractor, any subcontractor, or any officer, representative, agent, or employee of
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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 and employee of Contractor or any Subcontractor, in connection with this Agreement.
19.0 INDEMNIFICATION
To the extent permitted by law, the Contractor shall, and shall cause any of its Subcontractors
to, indemnify, defend save and hold harmless the 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 its Subcontractors will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable.
20.0 INSURANCE
20.1 The Contractor, shall purchase and maintain the herein stipulated minimum insurance
from a company or companies duly licensed by the State of Arizona and possessing a
current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company or companies who are authorized to do
business in the State of Arizona, provided that said insurance companies meet the
approval of County. The form of any insurance policies and forms must be acceptable to
County.
20.2 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.
20.3 The Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
20.4 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.
20.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. The Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require the Contractor to secure payment of such deductibles or self-
insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
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20.6 County reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance certificates. County shall
not be obligated to review policies and/or endorsements or to advise the Contractor of
any deficiencies in such policies and endorsements, and such receipt shall not relieve
the Contractor from, or be deemed a waiver of County’s right to insist on strict
fulfillment of the Contractor’s obligations under this Agreement.
20.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees as
Additional Insured’s.
20.8 The policies required hereunder, except Workers’ Compensation, shall contain a waiver
of transfer of rights of recovery (subrogation) against County, its agents,
representatives, officers, directors, officials and employees for any claims arising out of
the Contractor’s work or service.
20.9 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).
20.10 Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Agreement.
20.11 Commercial General Liability: Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each
occurrence, $2,000,000 Products/Completed Operations Aggregate, and $4,000,000
General Aggregate Limit. The policy shall include coverage for premises liability, bodily
injury, broad form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no endorsement or
modifications of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
20.12 Workers’ Compensation: Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of the Contractor’s employees
engaged in the performance of the work or services under this Agreement; and
Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit.
20.13 The Contractor waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by the Contractor pursuant to this Agreement.
20.14 Sexual Molestation And Physical Abuse: When services involve working with these
groups of individuals, the insurance requirements in the Agreement need to be revised
to include coverage for "sexual molestation and physical abuse". Coverage for this type
of claim, or allegation, is excluded from standard general liability policies. Therefore, the
Contractor whose services include working with and/or caring for children/elderly and
disabled persons should have their policies specifically endorsed to include this
coverage.
20.15 Coverage for this type of claim, or allegation, is excluded from standard general liability
policies. Therefore, contractors whose services include working with and/or caring for
children/elderly and disabled persons should have their policies specifically endorsed to
include this coverage.
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20.16 Commercial General Liability – Occurrence Form: Policy shall include bodily injury,
property damage and broad form contractual liability coverage.
20.17 The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation. The policy shall be endorsed to include the following additional insured
language: "(Maricopa County), its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers shall be named as additional insureds with respect to liability arising out of
the activities performed by, or on behalf of the Contractor".
20.18 Minimum Limits:
20.18.1 General Aggregate $4,000,000
20.18.2 Each Occurrence Limit $2,000,000
20.18.3 Sexual Abuse/Molestation $2,000,000
20.19 Certificates of Insurance: Upon Agreement execution, the Contractor shall furnish the
County with valid and complete certificates of insurance or formal endorsements as
required by the Agreement, issued by the Contractor’s insurer(s), as evidence that
policies providing the required coverage, conditions and limits required by this
Agreement are in full force and effect. Such certificates shall identify this Agreement
number and title.
20.20 Prior to commencing work or services under this Agreement, the Contractor shall have
insurance in effect as required by the Agreement in the form provided by the County,
issued by the Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Agreement are in full force and effect.
Such certificates shall be made available to the County upon ten (10) business days. BY
SIGNING THE AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT
AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF
AGREEMENT.
20.21 In the event any insurance policy(ies) required by this Agreement is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and
acceptance of the Contractor’s work or services and as evidenced by annual Certificates
of Insurance.
20.22 If a policy does expire during the life of the Agreement, a renewal certificate must be
sent to County fifteen (15) days prior to the expiration date.
20.23 Cancellation and Expiration Notice: Insurance required herein shall not be permitted to
expire, be canceled, or materially changed without thirty (30) days prior written notice
to the County.
20.24 If the Contractor provides professional or semi-professional personal services under this
agreement for which malpractice or professional liability coverage is available, such as
medical, psychiatric, or legal services, Contractor shall carry minimum liability coverage
of $2,000,000 each occurrence and provide the County with proof of coverage.
20.25 Subcontractors: The Contractor’s certificate(s) shall include all subcontractors as
insureds under its policies or Contractor shall furnish to Maricopa County separate
certificates for each subcontractor. All coverages for subcontractors shall be subject to
the minimum requirements identified above.
20.26 Approval: Any modification or variation from the insurance requirements in any
Agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal Agreement amendment, but may be made by
administrative action.
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20.27 Exceptions: In the event the Contractor or subcontractor(s) is/are a public entity, then
the Insurance Requirements shall not apply. Such public entity shall provide a Certificate
of Self-Insurance.
21.0 COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable laws, rules, and regulations, without limitation to
those designated in this Agreement.
22.0 DRUG FREE WORKPLACE ACT
The Contractor agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et
seq.), which requires that the Contractor and grantees of federal funds must certify that they will
provide drug-free workplaces that comply with federal law. This certification is a precondition to
receiving a grant or entering into this Agreement.
23.0 CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, Contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the
Clean Water Act (33 U.S.C. 1368, et seq.) Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR Ppart 15).
24.0 RELIGIOUS ACTIVITIES
The Contractor warrants that none of its costs and none of the costs incurred by any
subcontractor will include any expense for any religious activity.
25.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the Contractor
under this Agreement shall be used for any partisan political activity, or to further the election or
defeat of any candidate for public office.
26.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY
EXCLUSION
The undersigned, by signing this Agreement, represents that he/she has the authority to bind
Contractor to the terms of this Certification. The Contractor certifies to the best of its knowledge
and belief that it and its principals:
26.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency;
26.2 Have not within a 3-year period preceding the Agreement Start Date, been convicted of or
had a civil judgment rendered against them for (1) the commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, State, or local) transaction or contract under a public transaction; (2) the
violation of any federal or State antitrust statutes, or (3) the commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
26.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, State, or local) with commission of any of the offenses enumerated in
subparagraph 2 above.(b) of this certification;
26.4 Have not, within a 3-year period preceding this Agreement, had one or more public
transactions (federal, State, or local) terminated for cause or default;
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26.5 Shall immediately notify the County if, at any time during the term of this Agreement, it is
debarred, suspended, declared ineligible, or voluntarily excluded from participation. The
County may pursue available remedies in the event of such occurrence, including
immediate termination of this Agreement; and
26.6 Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded from
participation. The County may pursue available remedies in the event of such occurrence,
including immediate termination of this Agreement without liability.
26.7 The Contractor shall include, without modification, this language of this Certification, in all
agreements with sub-recipients and other subcontractors; in all lower tier covered
transactions, and in all solicitations for lower tier covered transactions in accordance with
45 C.F.R. Part 76.
26.8 If the Contractor is not able to provide this Certification, an explanation as to why shall be
immediately provided to the County, Attention: Assistant Director Community
Development Division, at the address set forth on the Notice section of this Agreement.
27.0 MINIMUM WAGE REQUIREMENTS
The Contractor warrants that it shall pay all its employees who are performing work or providing
services under this Agreement not less than the minimum wage specified under Section
206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.) by law,
regulation or Executive Order 13658, or as required by Arizona law.
28.0 RECOGNITION OF COUNTY SUPPORT
The Contractor shall give recognition to the County and the funding source for its support when
the Contractor publishes materials or releases public information that is paid for in whole or in
part with funds supporting the services under this Agreement.
29.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
29.1 The Parties agree that this Agreement and employees working on this Agreement will be
subject to the whistleblower rights and remedies in the pilot program on Contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of
the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and
section 3.908 of the Federal Acquisition Regulation;
29.2 The Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in Section 3.908 of the Federal Acquisition Regulation. Documentation of
such employee notification must be kept on file by Contractor and copies provided to
County upon request; and
29.3 The Contractor shall insert the substance of this clause, including this paragraph (3), in
all subcontracts over the simplified acquisition threshold ($150,000 as of September
2013).
30.0 NONDISCRIMINATION
The Contractor, in connection with any service or other activity under this Agreement, shall not
in any way, discriminate against any person on the grounds of race, color, religion, sex, national
origin, age, disability, political affiliation, or belief. The Contractor shall include this clause in all
of its Subcontracts related to this Agreement.
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31.0 EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, sexual identity, gender identity, or national
origin. The Contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, age, disability,
color, religion, sex, sexual identity, gender identity or national origin. Such action shall include,
but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment
or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship. The Contractor shall, to the extent such
provisions apply, comply with Title VI and VII of the Civil Rights Act of 1964, as amended (42
U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the
Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Executive Orders
11375 amending Executive Order 11246 and implementing regulations at 41 CFR part 60, as
well as, Arizona Executive Order 99-4, which mandates that all persons shall have equal access
to employment opportunities.
32.0 DISABILITY REQUIREMENTS
The Contractor agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2532 and 2533 and Section 508 of the Rehabilitation
Act of 1973, which requires that employees and members of the public shall have access to and
use of information technology that is comparable to the access and use by employees and
members of the public who are not individuals with disabilities.
33.0 RETENTION OF RECORDS
33.1 This provision applies to all financial and programmatic records, supporting document,
statistical records, and other records of the Contractor that are related to this
Agreement.
33.2 The Contractor shall retain all records relevant to this Agreement for six (6) years after
expiration of the Agreement or after resolution of any audit, whichever is longer. The
County, federal, and State of Arizona auditors, and any other persons duly authorized by
the County, shall have full access to and the right to examine, copy, and make use of any
and all of the records.
34.0 IMMIGRATION LAWS AND REGULATIONS
34.1 Federal Immigration and Nationality Act
34.1.1 The Parties understand and acknowledge the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). The Parties agree to comply with the
IRCA in performing under this Agreement and to permit the other Party to
inspect personnel records to verify such compliance.
34.1.2 By entering into this Agreement, both Parties warrant compliance with the
Federal Immigration and Nationality Act (FINA) and all other Federal
immigration laws and regulations related to the immigration status of its
employees. Both Parties shall obtain statements from their subcontractors
certifying compliance and shall furnish the statements to the Procurement
Officer upon request. These warranties shall remain in effect through the term
of the Agreement. Both Parties and their subcontractors shall also maintain
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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.
34.1.3 The Parties may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should either Party
suspect or find that the other Party or any of its subcontractors are not in
compliance, then the Party may pursue any and all remedies allowed by law,
including, but not limited to: suspension of work, termination of the Agreement
for default, and suspension and/or debarment of the other Party. All costs
necessary to verify compliance are the responsibility of the Contractor or its
subcontractor.
34.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-
verify requirements) and further acknowledges:
34.2.1 That the Contractor and its Vendors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and
their compliance with A.R.S. § 23-214;
34.2.2 That a breach of a warranty under subsection 1 above, shall be deemed a
material breach of this Agreement and the County may immediately terminate
this Agreement without liability;
That the County and any contracting government entity retains the legal right to inspect the
papers and employment records of any Contractor or Vendors employee who works on this
Agreement to ensure that the Contractor or Vendors is complying with the warranty provided
under subsection 1 above and that the Contractor agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to facilitate such an
inspection.
35.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Contractor is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
36.0 ISRAEL BOYCOTT:
Per House Bill 2617 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.
37.0 GOVERNING LAW
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.
IN WITNESS THEREOF, the Parties have signed this Agreement:
APPROVED BY: APPROVED BY:
THE LODESTAR DAY RESOURCE CENTER MARICOPA COUNTY
___________________________________ ____________________________________
Authorized Signature Chairman, Board of Supervisors
Date: __________________________ Date: __________________________
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Attested To:
_________________________________________
Fran McCarroll, Clerk of the Board Date
This Contract has been reviewed by the
undersigned Attorney who has determined that is
proper in form and within the power and
authority granted under the laws of the State of
Arizona.
By: _____________________________________
Deputy County Attorney Date
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