CITY OF TOLLESON CAP AMENDMENT 1.PDF
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Contract No. C-22-16-042-3-01 Amendment 1 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TOLLESON I. Maricopa County (“County”) by and through its Human Services Department and the City of Tolleson(“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about June 30, 2016. The Agreement term is July 1, 2016 through June 30, 2017. The County provided the City with $35,000 for the provision of Community Action Program services to include cash reimbursement to the City to assist eligible low income households with Crisis Case Managmenet and Financial Assistance Services. The County and the City may be referred to individually as “Party” or collectively as “Parties.” II. The Parties wish to amend the Agreement as follows: A. Extend the Agreement termination date from June 30, 2017 to June 30, 2018. B. The funding amount available for the period of July 1, 2017 to June 30, 2018 is $35,000. C. The operating budget shall be as reflected in Attachment A, Operating Budget. D. ReviseSection I General Provisions to include the following: 1. Remove in its entirety Paragraphh HH and substitute the following language: HH. MINIMUM WAGE REQUIREMENTS 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. 2. The Contractor agrees and warrants that it shall pay all its employees engaged in performing work or providing services under the term of this Contract not less than the minimum wage specified by Arizona law. 2. Add Paragraph AAA as follows: AAA. 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. E. Revise Section II Special Provisions to include the following: 1. Remove in its entirety Paragraph E and substitute as follows: E. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY: 1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions of this Contract. 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: a. Any person, their employees or volunteers who apply for a contract with MCHSD; or b. all employees of the Contractor; or c. A subcontractor of the Contractor and the subcontractor’s employees; and d. Prospective employees of the Contractor or its subcontractor at the request of the prospective employer. Contract No. C-22-16-042-3-01 Amendment 1 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. a. 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. b. 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. 4. 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: a. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and b. 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: www.azdes.gov/InternetFiles/InternetProgrammaticForms/doc/DDD-1727 AFORFF.doc - 2015-08-05 c. 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. 5. 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 Contract. The Request for Search of Central Registry for Background Check form is located at https://www.azdes.gov/opac . 6. Upon request the Contractor shall make available valid Background Check information to the County. 2. Add Paragraph X: X. DEPARTMENT MONITORING 1. Department will conduct monitoring/evaluation of contractor’s performance and compliance with program requirements as specified in the scope of work. 2. Department will conduct on-site monitoring/evaluation, at a minimum of once every two (2) years. Monitoring/ evaluations to include but not limited to: facilities, administrative and financial operations, and programmatic service delivery. 3. Department will monitor/evaluate monthly expenditures of funds, to determine over/under expenditure patterns. County staff will meet with CAP to discuss spending trends and methods to be used to ensure services are available for a twelve (12) period. F. Revise Section III Work Statement to include the following: 1. Remove in its entirety Paragaph F and substitute the following: F. LEVEL OF SERVICES 1. If the Contractor determines service recipient eligibility, the Contractor shall maintain and regulate the units or services set forth in this Agreement to ensure continuity and availability of services to eligible persons during the term of this Agreement and during any transition to a subsequent Contractor. 2. The County makes no guarantee to purchase specific quantities of goods or services or to refer eligible persons as may be identified or specified herein. Further, it is understood and agreed that this Agreement is for the sole convenience of the County Contract No. C-22-16-042-3-01 Amendment 1 and that the County reserves the right to obtain like goods or services from its sources when such need is determined necessary by the County. 3. Contractor may coordinate and deliver services outside the designated geographic service area for a specified timeframe, with prior written approval from the County. XI. This Amendment is subject to A.R.S. §38-511. The foregoing paragraphs, contain all the changes made by this Amendment. All other terms and conditions of the original Agreement remain the same and in full force and effect as approved and amended. IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITYOF TOLLESON MARICOPA COUNTY ___________________________________ ____________________________________ Anna Tovar, Mayor Denny Barney, Chairman Date: __________________________ Date: __________________________ Attested To: Attested To: ____________________________________ ____________________________________ City Clerk Date Fran McCarroll, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 11-952, THIS AMENDMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY(S) WHO HAVE DETERMINED THAT THIS AMENDMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. CITY OF TOLLESON MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Deputy County Attorney Date: __________________________ Date: __________________________ Contract No. C-22-16-042-3-01 Amendment 1 ATTACHMENT A SFY18 OPERATING BUDGET Contract Operating Budget -County July 1, 2017 to June 30, 2018 CONTRACTOR: City of Tolleson Service: Crisis Case Management and Financial Assistance Services Revenue Sources County* $35,000 Total Revenues $35,000 Budget Categories Personnel / ERE $35,000 Total Expenses $35,000 *Funding will be allocated internally on a monthly basis by Maricopa County Human Services Department/Financial Services. Based on fund availability, funds utilized may include, but are not limited to: SSBG, TANF, LIHEAP, County Funds and CSBG