AGREEMENT WITH BRIGHT FUTURE STARS.PDF
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CONTRACT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND BRIGHT FUTURE STARS Agreement Start Date: November 16, 2016 Agreement Termination Date: June 30, 2017 Contract No: Agreement Amount: $261,120 CFDA: 93.600 Head Start and Early Head Start DUNS #: 191095269 This financial Contract (“Agreement”) is entered into by and between Bright Future Stars, an Arizona corporation (hereinafter referred to as the “Contractor”) and Maricopa County, administered by its Human Services Department (hereinafter collectively referred to as the “County”). The Contractor and the County are collectively referred to herein as the “Parties” and individually as a “Party.” The Parties, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the requirements 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 and in: Section I – General Provisions Section II – Special Provisions Section III – Work Statement Section IV – Compensation Section V – Attachments Contractor’s Representative: Name: Jenell Jones, Owner Address: 1236 S. Stapley Drive Mesa, AZ 85204 Phone: 480-539-7772 Email: jenelljones@icloud.com County Representative: Alecia Jackson, Assistant Director Early Education Division Address: 234 N. Central, Suite #3201, Phoenix, AZ 85004 Phone: 480-464-9669 ext. 201 Email: jacksona002@mail.maricopa.gov Notice under this Agreement 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 above and shall be effective three (3) days after being mailed unless otherwise indicated in the notice. 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 any Party hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the County, or Contractor in any State or federal court. 1 IN WITNESS THEREOF, the Parties have signed this Agreement: APPROVED BY: APPROVED BY: BRIGHT FUTURE STARS MARICOPA COUNTY ______________________________________ _____________________________________ Authorized Signature Chairman, Board of Supervisors ______________________________________ _____________________________________ Date Date Attested to: ______________________________________ Clerk of the Board Date IN ACCORDANCE WITH A.R.S. A.R.S. §§ 11-201, and 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: _____________________________________ Attorney for the County Date 2 SECTION I GENERAL PROVISIONS Maricopa County Human Services Department 3 SECTION I GENERAL PROVISIONS A. PURPOSE The purpose of this Agreement is for the Contractor to provide Head Start program services to eligible preschool children ages 3-5 years old. B. TERM The term of this Agreement shall commence on November 1, 2016 and shall remain in effect until June 30, 2017. The Agreement shall become effective upon approval and signature by both Parties. C. RENEWAL The Agreement may be renewed for three (3) additional one (1) years terms, through a written amendment, provided however, that Contractor is in full compliance with all terms and conditions of this Agreement. The County shall notify the Contractor in writing of its intent to extend the contract term at least thirty (30) calendar days prior to the expiration of the original contract term, or any additional terms thereafter. D. AMENDMENTS All Amendments to this Agreement shall be in writing and signed by the Parties. E. TERMINATION 1. Pursuant to A.R.S. §38-511, the Parties 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 the 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 may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Party from any other Party to the contract arising as the result of the Agreement 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 County under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and returned receipt requested to the persons at the addresses set forth on page one of this Agreement. 3. This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 4. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County deems the health or welfare of the service recipients are endangered or Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this Agreement will terminate upon the expiration of the term of this Agreement stated on the Page One of this Agreement. 5. In accordance with 2 CFR § 200, et seq., County may suspend or terminate this Agreement if Contractor violates any term or condition of this Agreement or if Contractor fails to maintain a good faith effort to carry out the purpose of this Agreement. 6. County or Contractor may terminate this Agreement for convenience in accordance with 2 CFR § 200, et seq. Both Parties shall agree upon the termination conditions including the effective date of the termination. The party initiating the termination shall notify the other party in writing stating the reasons for such termination. 7. Termination for Default: a. This Agreement may be immediately terminated by either Party if the other Party fails to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes a Party’s ability to perform any of its obligations under 4 SECTION I GENERAL PROVISIONS this Agreement. The County reserves the right to have required services provided by persons other than the Contractor if the Contractor is unable or fails to provide required services within a reasonable period of time. 8. Unconditional Termination For Convenience a. The County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. F. EFFECT To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall control. To the extent that the Work Statement and the Special or General Provisions are in conflict, the Work Statement shall control. To the extent that the Compensation Provisions are in conflict with the General Provisions, Special Provisions or Work Statement, the Compensation Provisions shall control. Nothing herein shall operate to increase the Operating Budget without a written amendment thereto. G. DEFINITIONS As used throughout this Agreement, the following words and terms shall have the following meanings: 1. Allowable Costs means costs commonly incurred by a grant recipient and meet cost principles prescribed in of 45 C.F.R. Part 74.27. 2. Assistant Director means the Director of the Early Education Division of the Human Services Department. 3. Assessment means the ongoing procedures used by appropriate qualified personnel throughout the period of a child’s eligibility to identify: (1) the child’s unique strengths and needs and the services appropriate to meet those needs; (2) the resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their child; and (3) the children’s developmental and educational progress. 4. Children with Disabilities means children with intellectual disability, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple disabilities, and who, by reason thereof, need special education and related services received through an Individual Education Plan (IEP). For children ages 0-3 years, those with disabilities as identified under the Part C Program of the Individuals with Disabilities Education Act. 5. Classroom means the space in which Head Start activities are provided. 6. Contract Administrator means the person responsible for administering this Agreement on behalf of the County. The Contract Administrator is responsible for Agreement monitoring and technical assistance between the Department and the Contractor. 7. Department means the Maricopa County Human Services Department. 8. DES means Arizona Department of Economic Security. 9. DHS means Arizona Department of Health Services 10. DHHS means the U. S. Department of Health and Human Services. 11. Director means the Director of the Maricopa County Human Services Department. 12. Division means the Early Education Division of the Human Services Department 13. DOE means Arizona Department of Education 14. ERE means the Employee Related expenses (including fringe benefits) of those persons who are salaried program staff members, in whole or in part, in support of this Agreement. 15. Family means all persons living in the same household who are: supported by the income of the parent(s) or guardian(s) of the child enrolling or participating in the program; and are related to the parents by blood, marriage, or adoption. 5 SECTION I GENERAL PROVISIONS 16. General Provisions means the terms set forth in Section I of this Agreement. 17. Head Start Act means 42 U.S.C. 9801 et .seq . 18. Head Start Performance Standards means Federal regulations governing Head Start and Early Head Start Programs and codified in Federal law as 45 CFR Parts 1301-1305. 19. Health means medical, dental, nutritional and mental well-being. 20. Individual Education Plan means a written record drawn up for each child listing functional assessment, (based on teacher observations, developmental assessments and work samples) long and short term goals and home and school strategies and activities which may contribute to the child’s progress toward these goals. 21. Indirect Costs mean those costs of a Head Start agency, as approved by the agency that has authority to set Contractor’s indirect cost rate, that are not readily identifiable with a particular project or program but nevertheless are necessary to the general operation of the agency and the conduct of its activities. 22. Juvenile means any person under the age of eighteen (18). 23. Maintenance and Repair means necessary maintenance, repair, or upkeep of buildings and equipment that neither adds to the permanent value of the property nor appreciably prolongs its intended life, but keeps it in an efficient operating condition. Costs incurred for improvements that add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures. 24. Monitoring is a process to determine whether the Head Start or Early Head Start program is in compliance with the Head Start Act, Head Start Performance Standards, and this Agreement, and to recommend or require corrective action if necessary. 25. Non-Compliance means an area or areas of performance which a Head Start Grantee and/or Delegate Agency is not in compliance with State or Federal requirements, including but not limited to, the Head Start Act or one or more of the regulations under parts 1301 – 1311 of 45 CFR and Amendment 42 U.S.C. 9801 et. seq. 26. Non-Federal Share means the match against the federally funded portion of the Agreement amount that must be provided by the Contractor. 27. Parent Involvement means a service that provides for direct participation of the parents in the planning, decision-making and operations of the program and planned activities that support and enhance their parental role. 28. Personnel means all staff members, in whole or in part, who are directly involved in the delivery of services under this Agreement. 29. Professional Development means high quality activities that will improve the knowledge of Head Start and Early Head Start teachers and staff, as defined in Section 637(21) of the Head Start Act. 30. Recruitment means a service that provides a systematic method to identify and directly contact persons in need of services. 31. School Readiness means the extent to which a child meets criteria that indicate the child’s preparation for Kindergarten. 32. Staff means paid adults who have responsibilities related to children and their families who are enrolled in the Head Start program. 33. Subcontract means any contract entered into by the Contractor or the County with a third party for performance of any of the work or the provisions of any of the services under this Agreement. 34. Supplies mean office, classroom, kitchen, and maintenance supplies, such as pencils, paper, forms, and postage. 35. Teacher means an adult who has direct responsibility for the care and development of children from 3 to 5 years of age in a center-based setting. 36. Training means training and technical assistance and is restricted to the cost of training program staff and parents. Allowable costs include personal service contracts with outside 6 SECTION I GENERAL PROVISIONS consultants or organizations (requires Department approval), travel and per diem expenses associated with assembling program staff in one or more locations for the purpose of instruction, and acquisition of training equipment such as audio/visual equipment and demonstration devices. 37. Transition means assisting parents become their children’s advocate as they enter into Head Start or Early Head Start or as they leave Head Start or Early Head Start and enter another program or public school. 38. 39. Volunteer means an unpaid person who is trained to assist in implementing ongoing program activities under the supervision of a staff person in areas such as health, education, transportation, nutrition, and management. 40. Work Statement means Section III of this Agreement which describes the services to be delivered under this Agreement. 41. Special Provisions means the terms set forth in Section II of this Agreement. H. GENERAL REQUIREMENTS 1. The terms of this Agreement shall be construed in accordance with Arizona law. Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 2. Contractor shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services, and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. 3. Contractor is an independent contractor in the performance of work and the provision of services under this Agreement and is not to be considered an officer, employee, or agent of the County. 4. For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. 5. Contractor shall comply with the Head Start regulations at 45 C.F.R. 1301, et seq., all applicable State of Arizona regulations, and all other applicable regulations prohibiting a conflict of interest. Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization that has a substantial interest in the Contractor's organization or with which Contractor (or one of its directors, officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has made full written disclosure of the proposed payments to the County and has received written approval therefore I. WARRANTY OF SERVICES 1. The Contractor warrants that all services provided hereunder will conform to the requirements of the Agreement, including all descriptions, specifications and attachments made a part of this Agreement. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 2. In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Agreement in the manner and to the same extent as services originally furnished hereunder. J. ASSIGNMENT AND SUBCONTRACTING No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or in part, by the Contractor without the prior written approval of the County. 7 SECTION I GENERAL PROVISIONS The Contractor shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the County agrees otherwise. K. AVAILABILITY OF FUNDS 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. 2. If any action is taken by any State agency, federal department, County 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 County 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. L. DISPUTES 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. 2. Notice of the specific grounds of a dispute shall be in writing and filed with the Assistant Director within ten (10) working days from the date Subrecipient knew or should have known of the basis of the dispute. The Assistant Director shall respond in writing to Subrecipient 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 Subrecipient is served with the decision, Subrecipient files a written notice of appeal with the Human Services Department Director, who shall provide Subrecipient with a written response within fourteen (14) working days following receipt of Subrecipient’s notice of appeal. The decision of the Director shall be final and not appealable. 3. Pending a final decision of the Director, the Subrecipient shall proceed diligently with its performance of this Agreement in accordance with the Director’s decision. M. DEFAULT 1. Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 2. This Agreement may be immediately terminated by the County if the Contractor defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the Contractor’s ability to perform any of its obligations under this Agreement. The County reserves the right to have service provided by persons other than the Contractor if the Contractor is unable or fails to provide required services with the specified time frame. 3. Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, has not been paid), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: a. Nonperformance of any obligations required by this Agreement. b. Noncompliance with any applicable federal, state, or local laws, rules or regulations, including Head Start regulations; 8 SECTION I GENERAL PROVISIONS c. Unauthorized expenditure of funds. d. Noncompliance with applicable financial record requirements, accounting principles, or standards established by 2 CFR 200, et seq. e. Noncompliance with recordkeeping, record retention, or reporting requirements. 4. Wavier of a breach or default of any term, covenant, or condition of this Agreement or any federal, state, or local law, rule, or regulation shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, condition, law, rule, or regulation. 5. The Contractor shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, its employees, officials, successors, assigns, contractors, or subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or the breach of any certification or warranty provided in this Agreement. N. 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. O. GOVERNING LAW This Agreement shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this Agreement will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona. P. STRICT COMPLIANCE The County’s acceptance of the 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. Q. SINGLE AUDIT ACT REQUIREMENTS Contractor in receipt of federal funds through the County are subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). Contractor shall comply with 2 CFR § 200 Subpart F. Upon completion, such audits shall be made available for public inspection. Audits shall be submitted to the County within the twelve (12) months following the close of the fiscal year. Contractor shall take corrective actions within six (6) months of the date of receipt of the reports. The County shall consider sanctions as described in 2 CFR § 200.505 if Contractor’s noncompliance with the audit requirements. R. AUDIT DISALLOWANCES 1. The Contractor shall, upon written notice thereof, reimburse the County for any payments made under this Agreement that are disallowed by a federal, State or County audit in the amount of the disallowance, as well as court costs and attorney’s fees the County spends to pursue legal action relating to a disallowance. Court costs and attorney’s fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. 2. If the County determines that a cost for which payment has been made is a disallowed cost, the County will notify the Contractor in writing of the disallowance and the required course of action, which shall be at the option of the County, either to adjust any future invoice submitted by the Contractor by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Contractor issuing a check payable to the County. 9 SECTION I GENERAL PROVISIONS S. COMPETITIVE BID REQUIREMENTS 1. Equipment If this Agreement is with other than a Public Agency, the Contractor shall obtain all equipment to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost pursuant to the following competitive bidding system: a. Procurements in excess of $300, but less than $1,000, require oral price quotations from two or more vendors. The Contractor shall keep and maintain a record of the vendors’ verbal quotations. The Contractor’s award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. b. Procurements exceeding an aggregate amount of $1,000 must be approved by the Assistant Director. At least three (3) bidders shall be solicited to submit written quotations. The Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 2. Supplies If this Agreement is with other than a Public Agency, the Contractor shall obtain all supplies to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost and pursuant to a system of written quotes whenever the price is expected to be greater than $300, unless the Contractor obtains the Assistant Director prior written approval to purchase supplies by an alternate method. 3. Minority, Women and Small Business Enterprises The Contractor shall take affirmative steps to provide an opportunity for minorities, women, and small businesses to compete in the procurement of equipment and supplies under this Agreement. T. PROPERTY Any property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired and accounted for in accordance with instructions furnished by the County, and shall revert to the County upon termination of this Agreement, unless the County determines otherwise. The costs to repair such property are the responsibility of the Contractor within the limits budgeted herein. Repair costs beyond the budgeted amount shall be approved by the Department. U. NON-LIABILITY The County, its officers, representatives, agents, and employees shall not be liable for any act or omission by Contractor, any subcontractor, vendor or any officer, representative, agent, or employee of Contractor or any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts made by Contractor, any Subcontractor, vendor or any officer, representative, agent and employee of Contractor or any Subcontractor, in connection with this Agreement. V. INDEMNIFICATION To the extent permitted by law, the Contractor shall, and shall cause any of its Subcontractors to, indemnify, defend save and hold harmless 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 10 SECTION I GENERAL PROVISIONS and any of its Subcontractors, or any of the directors, officers, agents, or employees of Contractor and any of its Contractors. 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. W. INSURANCE 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. 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. 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. 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. 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. 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. 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. 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. 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). 10. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 11 SECTION I GENERAL PROVISIONS 11. Commercial General Liability: a. 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. 12. Workers’ Compensation: a. 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. b. 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. 13. Sexual Molestation And Physical Abuse: a. 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. b. 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 14. Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage and broad form contractual liability coverage. 15. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation. 16. 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 17. Certificates of Insurance: a. 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 12 SECTION I GENERAL PROVISIONS 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. b. 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. c. 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. d. 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. 18. Cancellation and Expiration Notice: a. Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. b. 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. 19. 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. 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. 21. 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. X. TECHNICAL ASSISTANCE The County will provide reasonable technical assistance to the Contractor to assist in complying with State and federal laws, regulations and accountability for diligent performance and compliance with the terms and conditions of this Agreement and all applicable laws, regulations and standards. However, this assistance in no way relieves the Contractor of full responsibility and accountability for its actions and performance in compliance with the terms of this Agreement. Y. STAFF AND VOLUNTEER TRAINING The County may make available to the Contractor the opportunity to participate in any applicable training activities conducted by the County. 13 SECTION I GENERAL PROVISIONS Z. CLEAN AIR ACT The Contractor shall comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance under this Agreement. AA. LOBBYING 1. No federal appropriated funds have been paid or will be paid by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. BB. 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. CC. 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. DD. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or entity has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. EE. SAFEGUARDING OF PARTICIPANT INFORMATION 1. The Contractor shall observe and abide by all applicable State of Arizona and federal statutes, 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, DOE and to the Attorney’s General’s Office as required by the terms of this Agreement, by law or upon their request. 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. 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 purpose of this Agreement. The Contractor and its agents shall safeguard the confidentiality of this information, as required by federal and state law. The Contractor shall include a clause to this effect in all subcontracts related to this Agreement. 14 SECTION I GENERAL PROVISIONS 4. Notwithstanding any other terms of this Agreement, the Parties agree to comply with Family Educational Rights and Privacy Act (FERPA) and regulations at 34 CFR 99.33 in regards to protection of educational data concerning participant. The Parties acknowledge that this Agreement allows access to educational data, and agree to hold that information in strict confidence and not to use or disclose educational data received from or on behalf of either party except as permitted or required by this Agreement, as otherwise required or allowed by law, or as authorized in writing by the subject participant or participant’s legal guardian. FF. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS 1. Contractor shall, during the term of this agreement, immediately inform the Contract Administrator in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. Contractor’s failure to notify the Department of any such award shall be a breach of this Agreement and the County may immediately terminate this Agreement without liability. 2. The Contract Administrator may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) working days, a copy of all such other agreements or grants, when, in the opinion of the Contract Administrator, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 3. If the Contract Administrator determines that the award to Contractor of such other agreement or grant has affected the costs being paid or reimbursed under this Agreement, the Contract Administrator shall prepare an amendment to this Agreement effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section of this agreement. GG. RIGHTS IN DATA The Parties shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. The Contractor shall supply to the County, upon request, any available information that is relevant to this Agreement and to the performance hereunder. HH. COPYRIGHTS If this Agreement results in a book or other written material, the author is free to copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted material and all material that can be copyrighted as a result of this Agreement. II. PATENTS Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement shall be promptly and fully reported to the County for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. JJ. 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. 15 SECTION I GENERAL PROVISIONS KK. 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. LL. 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. MM. GRIEVANCE PROCEDURE The Contractor shall establish a system through which applicants for and recipients of services may present grievances and may take appeals about eligibility and other aspects of the Contractor's work under this Agreement. The grievance procedure shall include provisions for notifying the applicants for, and recipients of, services of their eligibility or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied by Contractor. NN. 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. OO. 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. PP. 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. QQ. UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST 16 SECTION I GENERAL PROVISIONS PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200, et seq. RR. FINANCIAL MANAGEMENT The Contractor shall establish and maintain a separate, interest-bearing bank account for money provided under this Agreement, or an accounting system that assures the safeguarding and accountability of all money and assets provided under this Agreement. No part of the money deposited in the bank account shall be commingled with other funds or money belonging to the Contractor. All interest earned on the account shall be disposed of in a manner specified by the County in accordance with applicable State and federal regulations. The Contractor shall provide a signed bank account agreement authorizing the County to obtain information about the account. If an accounting system is used, it shall be in accord with generally accepted accounting principles. SS. RETENTION OF RECORDS 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. 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. TT. ADEQUACY OF RECORDS If the Contractor’s books, records and other documents related to this Agreement are not sufficient to support and document that allowable services were provided to eligible participants, the Contractor shall reimburse the County for the services not supported and documented. UU. IMMIGRATION LAWS AND REGULATIONS 1. Federal Immigration and Nationality Act a. 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. b. 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 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. c. 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. 17 SECTION I GENERAL PROVISIONS 2. Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further acknowledges: a. 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; b. 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; c. 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. VV. 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. WW. GOVERNOR’S EXECUTIVE ORDER NO. 88-26 The Contractor is required to use the Arizona Taxonomy of Human Services for reporting and contracting purposes. XX. EMPLOYMENT DISCLAIMER 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. 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. 3. The County agrees that no individual performing under this Agreement on behalf of Contractor 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. 18 SECTION I GENERAL PROVISIONS YY. 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, as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 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; 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; 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; 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 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. 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. 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 Early Education Division, at the address set forth on the Cover Page of this Agreement. ZZ. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 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; 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 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). 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. 19 SECTION II SPECIAL PROVISIONS Maricopa County Human Services Department 20 SECTION II SPECIAL PROVISIONS A. STANDARDS The Contractor shall perform the work and provide the services as identified in the Work Statement and shall immediately notify the Assistant Director whenever the Contractor is unable to, or anticipates an inability to, perform any of the work, or provide any of the services required by the terms of this Agreement. B. COMPLIANCE WITH LAWS, RULES AND REGULATIONS 1. The Contractor shall comply with all applicable laws, rules, and regulations, without limitation to those designated in this Agreement and including the following: a. State of Arizona regulations; b. Arizona Child Care Licensing’s (CCL) rules and regulations; c. Head Start Act; d. Head Start Program Performance Standards; e. Head Start Policy and Regulations: 42 U.S.C. 9801, et seq., subchapter B of 45 CFR, 45 C.F.R. 1301 f. all regulations prohibiting a conflict of interest g. Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization that has a substantial interest in the Contractor's organization or with which Contractor (or one of its directors, officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has made full written disclosure of the proposed payments to the County and has received written approval therefore. 2. Contractor must be registered in Quality First rating system and maintain a rating of 3 or higher or have a National Accreditation. 3. Contractor must be registered with the following: a. DHS Office of Child Care Licensure ; b. DES Child Care Administration Subsidy Program; c. DOE Child and Adult Care Food Program (CACFP); d. DHS, Empower Program e. First Things First Quality First (FTF QF); and f. other national accreditation programs such as: i. National Association for the Education of Young Children (NAEYC); ii. National Accreditation Commission for Early Care and Education Programs (NAC); or iii. Child Development Associate (CDA) Credential C. STANDARDS/LICENSURE REQUIREMENTS 1. All center-based sites must maintain childcare licensure by the DHS as well as all locally required permits. 2. Contractor shall develop policies and procedures to ensure program operations comply with all federal, state and local requirements. D. HEALTH AND SAFETY REQUIREMENTS: Contractor shall: 1. Comply with all DHS and DES License/Certification requirements. 2. Notify the County if any changes occur with licenses within 15 days of receipt from the regulating agency: a. A copy of new DHS license, Tribal Health Services Environmental Health Survey, Military Standards or other verification of compliance with applicable local, state or tribal laws, rules and regulations. 3. Ensure the following requirements are maintained: 21 SECTION II SPECIAL PROVISIONS a. Current State of Arizona Food Handler’s Card; b. Current First Aid Certifications specific for infants and children; c. Current CPR Certification specific for infants and children. 4. Show evidence that staff are free of communicable disease and current in all immunizations as evidenced by: a. A signed statement declaring staff has received the following vaccinations: i. Measles, Mumps, Rubella (MMR); ii. Tetanus; and b. TB test or a negative chest x-ray; E. REQUIRED MATCH Contractor is required to collect and report information to the County for the County to report Non- Federal Match. Contractor shall collect and report: 1. Parent involvement activities - including activities that parents may do with their enrolled child that directly links to the program’s curriculum; 2. Number of hours spent in school readiness activities; 3. Donations of supplies, equipment or materials being used in the Head Start classroom; 4. In-Kind goods and services provided to the Head Start program without charge to the program; 5. Tuition subsidies to Head Start Teachers, and 6. The use of space at the Child Care Center not identified as services delivery space, but occasionally used by the Head Start program. F. DATA COLLECTION AND MANAGEMENT Eligibility determination and documentation shall be completed for all applicants/clients and appropriate household members receiving services through this Agreement by the Contractor. The Contractor is responsible for adhering to data entry requirements and for the timely, accurate data entry of information related to the scope of work. G. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services or services that are incidental to the performance of the Agreement. The provision applies to work performed by subcontractors at all tiers. H. AUDIT REQUIREMENTS In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file with the Department, either: 1. Audited financial statements prepared in accordance with federal single audit requirements or, 2. Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. I. PROGRAM SPECIFIC AUDIT In accordance with 2 CFR 200.507, Contractor shall have a program-specific audit with respect to internal controls, compliance requirements, suggested audit procedures, and audit reporting requirements. Contractor shall, at its own expense, file with the Department, either: 22 SECTION II SPECIAL PROVISIONS 1. Audited financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. 2. The County maintains a right to review financial records related to submitted invoices and the expenditure of Federal funds provided as a reimbursement to services or purchase of equipment, materials, and supplies. J. 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 Agreement. 2. The Contractor shall ensure all employees, subcontractors and volunteers that provide direct service to juveniles or vulnerable adults have Central Registry Background Checks completed. The information contained in the Central Registry must 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 contract with the County; 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. 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. 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. a. Before being employed or volunteering in a position that provides direct services to children under this Agreement, 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. b. 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: i. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and ii. 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- 1727AFORFF.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 to participants under this Agreement. 5. The Contractor shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for six (6) years after termination of the Agreement. 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 County. 23 SECTION II SPECIAL PROVISIONS K. FINGERPRINTING 1. The 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. 2. Applicable legal requirements relating to fingerprinting, certification, and criminal background checks may include, but are 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 Agreement. 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 related to the Agreement performance. 3. To the extent A.R.S. §§ 46-141 is applicable to Agreement performance or the services provided under this Agreement, the following provisions apply: a. 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. b. Except as provided in A.R.S. § 46-141, this Agreement 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. c. Contractor may avoid cancellation or termination of this Agreement, if the person whose Fingerprint Clearance Card is denied or revoked or affidavit shows that he or she has been convicted of or is awaiting trial on any offense listed in A.R.S. § 13- 705(B) by immediately prohibiting that person from employment or service in any capacity requiring or allowing contact with juveniles. 4. Parents, including foster parents and guardians, who are not employees of the Contractor and who participate in the activities with their children under the supervision of and in the presence Contractor’s personnel, are exempt from the requirements of this section. 5. The Contractor shall maintain the Fingerprint clearance results and any related forms or documents in a confidential file for six (6) years after termination of the Agreement. 6. Upon request the Contractor shall make available valid fingerprint clearance card to County. L. COMPUTER SOFTWARE POLICY The Contractor shall comply with Federal copyright laws applicable to software licenses. In addition, all policies and agreements between the County and the Contractor related to Agreement equipment, software, internet accessible database system, and access shall be implemented and monitored. Contractor will be required to submit an inventory of all County provided hardware and software to the Head Start Assistant Director. M. IT 508 COMPLIANCE Unless specifically authorized in the Agreement, any electronic or information technology offered to the State of Arizona under this agreement shall comply with A.R.S. §§ 41-3531 and 3532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall 24 SECTION II SPECIAL PROVISIONS 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. N. DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION Funding for activities under this contract are provided through Federal Health and Human Services. Contractor must obtain a Data Universal Numbering System (DUNS) number through http://fedgov.dnb.com/webform. Contractor must also be register and remain current with the System for Award Management (SAM) www.sam.gov a database of basic business information for contractors that receive federal funds. Contractor shall provide their DUNS Number to Contract Administrator. For additional information regarding SAM visit this website: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrations.pdf O. REPORTING REQUIREMENTS 1. Unless otherwise provided in this contract, reporting shall adhere to the following schedule: no later than the 10th working day following each month during the contract term, the Contractor shall submit programmatic and financial reports to the Department in the form set forth in this Agreement. Failure to submit accurate and complete reports by the 10th working day following the end of a month may result, at the option of the Department, in retention of payment. Failure to provide such report within 45 calendar days following the end of a month may result, at the option of the Department, in a forfeiture of such payment. 2. Contractor shall submit to the Department all final program and fiscal reports no later than the designated date, to be determined by the Department, following the termination of this contract. Failure to submit final program and fiscal reports within the designated time period may result, at the option of the Department, in forfeiture of final payment. P. CHANGES 1. This Agreement may not be amended without a written amendment executed by the Parties. 2. The Contractor is required to notify the County, in writing, within fifteen (15) calendar days, of any changes in the following: a. The number of staff or the identity of staff funded with this Agreement b. Agency authorized signatory c. Agency address, phone, fax or email addresses d. Person to whom Agreement notices should be sent e. Any variation of insurance required by this Agreement 3. The Contractor and the Director may agree in writing, to make non-substantive changes through Administrative Changes or Change Orders as follows: a. Work Statement activities reflecting changes in the Federal, State or County’s regulations, policies, or requirements. b. Administrative requirements, such as reporting format quality, and/or quantity, as required by the funding source or the County’s regulations, policies, or requirements. 4. Administrative Changes or Change Orders shall also be in writing and executed by the Contractor and the Director and subject to legal review. Executed document memorializing said changes shall be delivered to the Clerk of the Board of Supervisors of Maricopa County upon full execution. 5. Any dispute or disagreement arising out of a Change Order shall constitute a “dispute” under the Disputes of the General Provisions of this Agreement and shall be administered accordingly. Q. EVALUATION 1. The County may evaluate, and the Contractor shall cooperate in the evaluation of, agreement services. Evaluation may assess the quality and impact of Agreement services, either in 25 SECTION II SPECIAL PROVISIONS isolation or in comparison with other similar services, and assess the Contractor’s progress and/or success in achieving the goals, objectives and deliverables set forth in this Agreement. 2. As requested by the County, the Contractor shall participate in program evaluations relative to Agreement impact in support of County goals. 26 SECTION III WORK STATEMENT Maricopa County Human Services Department 27 SECTION III WORK STATEMENT A. PROGRAM ACTIVITIES The Contractor shall provide a comprehensive child development and family support program in compliance with Head Start guidelines, revised Head Start Performance Standards as amended (42 U.S.C. 9801,et seq.), 45 CFR Parts 1301 through 1305, issued by the Administration for Children, Youth and Families, United States Department of Health and Human Services (ACF/HHS), the Head Start Act. The County shall review program, functions, and activities to assure the goals of the Head Start program are met. B. PROGRAM GOALS 1. The Contractor shall provide Head Start program services in compliance with the Head Start Performance Standards. 2. Contractor shall provide services to forty (40) children 3-5 years of age, who are eligible until transition to kindergarten C. PERSONNEL 1. The Contractor's personnel working under this Agreement shall be qualified to carry out all duties and requirements set forth in this Agreement. 2. Contractor shall ensure: a. Staff are provided a program orientation for all new staff; b. Staff are provided with ongoing staff development; and c. Staff are provided with regular opportunities for supervision and support and systematic performance appraisal. D. FACILITY REQUIREMENTS 1. Service location: 1236 S Stapley Dr. Mesa, AZ 85204; 2. Space area: 2 Classrooms of no less than 700 square feet per classroom; 3. Play area: age appropriate outdoor play area of no less than 1,500 square feet; 4. Hours of Operation: 8:00 AM to 4:00 PM 5. Days of Operation: Monday through Friday per program year calendar. Operating dates will be notated in Attachment B. 6. Contractor’s administrative office operating hours will be Monday through Friday 8:00 a.m. to 5:00 p.m. daily except approved holidays and Participants Hours of Care shall be: a. No less than 8 hours of care per day; and b. No less than 48 weeks per calendar year E. CONTRACTOR RESPONSIBILITIES Contractor shall implement all activities consistent with the Head Start Act, the Head Start Performance Standards, all related federal regulations, and all program instructions and Information Memorandum issued by the Office of Head Start. Contractor shall provide all children with a safe, nurturing, engaging, enjoyable and secure learning environment to help them gain the skills and confidence necessary to be prepared to succeed in their present environment and later in school and life. Contractor shall provide or assist with: 1. Family Eligibility, Recruitment, Enrollment, and Attendance: a. Assist in identifying eligible children, refer families to the Head Start program, keep attendance record and maintain enrollment of a child until transitions to Kindergarten 2. Staff and Professional Development: a. Hire and retain qualified teachers that have degree in early childhood or related field with 18 credits of early childhood coursework and Teacher Assistance with minimum of CDA or enrolled in a degree seeking or CDA program; 28 SECTION III WORK STATEMENT b. Conduct interviews, verify references, and request background checks for employment through Central Registry and fingerprint checks prior to start date c. Participate in on-going professional development activities including coaching for teachers and directors. Ensure that teachers receive annual performance appraisals. d. Compensate teachers to participate in pre-service and in-service training outside of working hours; and e. Ensure that all staff, consultants and volunteers abide by the Head Start Performance Standards Code of Conduct. 3. Facilities and Teacher to Children Ratio: a. Ensure all facilities and physical environment meet or exceed the requirements of Head Start Performance standards and maintain current state Child Care licensure: i. Standard state childcare licensing requirements, including providing a space of 35 square foot per child for indoor space and 75 square foot per child for outdoor space; ii. Continue participation or apply for participation in Quality First rating system b. Ensure adult-child ratios and group sizes meet Head Start standards of 1 adult for every 10 children with a total group size of not more than 20 and maintain the required ratio throughout operating hours; c. Continue participation or apply for participation in Quality First rating system 4. Child Development and Education: a. Provide no less than 8 hours of care per operating day to program participants, Monday through Friday for no less than 48 weeks each year at no cost to parents; b. Provide all related supplies and materials for the care of enrolled children c. Use the Creative Curriculum instructional approach to support the early learning of enrolled children. Conduct initial developmental and social/emotional screenings; d. Conduct initial and ongoing assessments of children using Teaching Strategies GOLD to individualize the instruction and learning for each child: i. Complete assessment 3 times per year. e. Engage parents in the full range of child development services including two teacher-parent conferences each year at the child care center or parents home f. Provide opportunities for children with disabilities to participate in all Head Start activities, with appropriate modifications; and g. Participate in consultation with the Head Start program Mental Health Professional on children’s social-emotional health issues 5. Health and Safety: 1. Ensure that children are supervised at all times and within both sight and sound during indoor and outdoor activities or napping periods 2. Implement safe sleep practices and provide adequate spacing and appropriate equipment to accommodate napping. 3. Provide classroom level instruction on: i. Health and hygiene to include handwashing, ii. Dental/Oral health to include teeth brushing, flossing, iii. Nutrition - making healthy meal and snack choices 6. Nutrition & Meals a. Ensure that each child receives meals and snacks that provide 2/3 of the child’s daily nutritional needs; 7. Administrative and Financial Management: 29 SECTION III WORK STATEMENT a. Support the record keeping and reporting of activities: and/or services that help meet the non-federal share match requirements and the annual Program Information Report (PIR) b. keep attendance record and maintain enrollment of a child until transitions to Kindergarten c. Ensure that Child Care teachers have access to computers and internet for use in record keeping d. Participate in annual program self-assessment, Establish and implement policies and procedures including personnel policies that meet Head Start Performance Standards F. DEPARTMENT RESPONSIBILITIES The Department will provide oversight of Contractor’s service delivery and ensure service performance is conducted according to Rules, regulation and Policies. The Department will: 1. Ensure the provision of all comprehensive services, including health, mental health, oral health, and nutrition, education, and parent engagement services for all enrolled children; 2. Ensure that all administrative and financial management requirements are met; 3. Ensure all caregivers meet minimum staff qualifications; 4. Provide professional development, coaching, and supervision for all teachers with emphasis on continuity of care and relational learning that supports children and their families and fosters school readiness; 5. Employ at least 1 full-time Family Support Specialist and 1 Child Care Coach per every 40 enrolled children and families who will support families in identifying their strengths, priorities, and resources and engage them in setting goals to improve family well-being and provide needed social service referrals and follow-up; 6. Ensure a minimum of two annual home visits are conducted for each enrolled child; 7. Support the inclusion and delivery of services to children with disabilities (at least 10 percent of funded enrollment); Support the provision of early care and education of children with disabilities; 8. Ensure the physical environment and facilities meet all Head Start Program Performance Standards, including requirements for square footage, health and safety, and appropriate crib and sleep spacing and arrangements; 9. Ensure compliance with all applicable regulations, including state and/or local child care licensing; 10. Ensure children retain services regardless of their subsidy status; 11. Engage parents in program decision making through involvement on the Policy Council and as members of the Parent Committee; 12. Recruit and enroll eligible children; Work with parent to overcome barrier to participation such as transportation; 13. Maintain partnerships with community programs and agencies to support the provision of comprehensive services; and 14. Monitor financial expenditures G. THE DEPARTMENT AND CONTRACTOR WILL JOINTLY 1. Conduct a community assessment every three years that meets the requirements of Head Start Performance Standard and the Head Start Act. In each of the two years following completion of the community assessment, Contractor and Department will jointly review and update the assessment, if updates are warranted. 2. Develop a planning process for completing, reviewing and updating the community assessment, developing long range program goals, completing the annual grant plan 30 SECTION III WORK STATEMENT application, and surveying parents, staff and community agencies as part of the community assessment. H. REPORTING REQUIREMENTS Contractor shall provide reports to the Department as follows: 1. Inventory of property and equipment purchased 2. Any incidents that impacts a program participant that requires emergency medical transport, or incidents that require emergency police or fire response. 3. Any incidents of unsupervised children both in and out of classrooms. I. COMPLIANCE WITH APPROVED PROGRAM 1. All activities authorized by this Agreement shall be performed in accordance with the grant conditions; the Head Start Act, Head Start Performance Standards and Head Start Program Memoranda; other applicable Federal regulations, Child and Adult Care Food Program; Arizona Childcare Licensing requirements; and other relevant government/city ordinances and relevant HHS directives. 2. If a non-compliance or misappropriation on the part of the Contractor or the Contractor’s representative(s) or employee(s) result in the Department having to reimburse HHS, then the Contractor is obligated and agrees to reimburse the Department for the loss of funds and any reasonable legal expenses incurred by the Department due to the non-compliance or misappropriation. 3. Contractor shall make available, upon request, to Department or HHS, any or all records, files, staff, classrooms, and or other information as required to conduct monitoring activities to ensure compliance with program requirements and to complete program reports. 4. If Department determines Contractor to be in Deficiency status, Contractor shall be required to develop a Quality Improvement Plan and submit this for approval by Department. Within 30 days after receiving Contractor’s Quality Improvement Plan, Department shall either approve the plan or specify the reasons why the plan cannot be approved. Department shall provide training and technical assistance to Contractor with respect to the development or implementation of a quality improvement plan, upon request of the Contractor and as feasible and appropriate given available funding. a. Contractor shall eliminate each deficiency no later than the date for elimination of such deficiency specified in the Quality Improvement Plan, which may not be later than one year after the date Contractor received notice of deficiency. b. In accordance with the Head Start Act, Department shall conduct monthly monitoring of Contractor until such time as all deficiencies are corrected. 31 SECTION IV COMPENSATION Maricopa County Human Services Department SECTION IV COMPENSATION A. FEDERAL AWARD AUTHORITY Funding for this Agreement is provided by the following: Federal Agency: US Department of Health and Human Services CFDA No.: 93.600 Award Recipient: Maricopa County Award No.: 09CH010385-01-00 Award Authority: 42 USC 9871, et seq. B. REIMBURSEMENT Contractor will be reimbursed as described below. The Agreement funding amount shall not exceed the funding amount listed on the cover page of this Agreement. C. CONTRACTOR PURCHASES Contractor shall be responsible for paying all staff, contractors, goods and services. D. INVOICING AND PAYMENTS 1. The Contractor shall submit an invoice with copies of receipts and payroll ledger related to expenditures of the contracted classroom. The invoice must provide the following information: a. Company name, address and contact b. County bill-to name and contact information c. Contract Serial Number d. County purchase order number e. Invoice number and date f. Services Personnel-Wages for HS-CCP classroom staff g. Services ERE- Employee Related Expenses that include state and federal taxes h. Materials/Supplies-Consumables, office supplies i. Administrative costs- Allocated portion of centers insurance, lease payment, director times, licensure fees 2. Contractor shall submit to the Assistant Director an invoice for allowable costs incurred during the billing period following the period of service delivery or work performance. Contractor may invoice on a bi-weekly basis or on a monthly basis, in accordance with business needs. If the Contractor opts for monthly invoicing, invoices shall be submitted on or before the tenth (10th) working day of the month following the period of service delivery. Contractor shall report all collected non-federal share. 3. Problems regarding billing or invoicing shall be directed to the Assistant Director as listed on the Purchase Order. 4. Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx). 5. EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. E. COMPENSATION 1. Funding under this Agreement, or any modifications or amendments to this Agreement, is subject to availability and shall be the amount allocated by the United States Department of Health and Human Services as specified in the Maricopa County Head Start Grant Plan and Federal Funding Award. Department shall issue a Maricopa County Human Services Department Financial Assistance Award to Contractor once funding becomes available. 33 SECTION IV COMPENSATION 2. Subject to the availability of funds, the Department shall reimburse the Contractor for all allowable costs associated with the performance of work and the provisions of services under this Agreement. 3. The Contractor will submit annual budget. 4. The Contractor allowable costs for developing and administering the Head Start program may not exceed 15 percent (15%) of the total approved costs during the fiscal year. 5. The Department shall reimburse the Contractor for all allowable costs associated with the performance of work and the provision of services under this Agreement 6. The Contractor understands and agrees that the June invoice for payment must be submitted by the tenth (10th) working day of July. The County will not reimburse any additional costs not submitted with the final invoice. F. APPLICABLE TAXES 1. The Contractor shall pay all applicable taxes. 2. Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation. G. TAX: (SERVICES) No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. H. METHOD OF PAYMENT Subject to ongoing review and possible modifications during the term of this Agreement, County shall pay the Contractor based on services actually delivered in the following manner: 1. The Contractor will submit an invoice for reimbursement of actual allowable costs every two (2) weeks or on a monthly basis. 2. The Department will, within ten (10) working days from the date of receipt of the claim for allowable costs incurred during the billing period, process and remit to the Contractor, a warrant for payment equal to the allowable costs claimed. Should the Contract Administrator make a disallowance in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or the reason for a disallowance, the protest shall be construed as a dispute concerning a question of fact within the meaning of the "Disputes" clause of the General Provisions of this Agreement. 34 SECTION V ATTACHMENTS & EXHIBITS Maricopa County Human Services 35 SECTION V ATTACHMENTS & EXHIBITS Attachment A DRUG-FREE WORKPLACE REQUIREMENTS GRANTEES OTHER THAN INDIVIDUALS By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. This certification is required by regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR, Part 76, Subpart F. The regulations published in the January 31, 1989 Federal Register, require certification by grantees that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when HHS determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government-wide suspension or debarment. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of building) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g. all vehicles of a mass transit authority of State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). If the workplace identified to HHS changes during the performance of the grant, the grantee shall inform the agency of the change(s), it previously identified the workplaces in question (see above). Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 USC 812) and as further defined by regulations (21 CFR, 1308.11 through 1308.15). "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal of State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact of involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of sub-recipients or subcontractors in covered workplaces). The grantee certifies that it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 36 SECTION V ATTACHMENTS & EXHIBITS 3) Any available drug counseling, rehabilitation, employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying the agency in writing within ten days after receiving notice under subparagraph (d)(2), from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (f). 37 SECTION V ATTACHMENTS & EXHIBITS Attachment B Maricopa County-Human Services-Education Division Early Head Start Child Care Partnership PROGRAM CALENDAR FISCAL YEAR 2016-2017 Name of Contractor: Bright Future Stars Child Care Center Hours of Operation: 6:00 AM to 6:00 PM Vendor Number: Hours of Operation: 8:00 AM to 4:00 PM Enter an "X" for Days of Operation & Circle Days of Closure Days of Operation _____ Days of Operation __8___ Days of Operation __12___ Quarterly Subtotal __20___ X X X X Days of Operation __20___ Days of Operation __19___ Days of Operation __23___ Quarterly Subtotal _62____ X X X Days of Operation __20___ Days of Operation __21___ Days of Operation __22___ Quarterly Subtotal __63___ Total Days of Operation _125____ Contractor Signature and Date: Child Care Coordinator Signature and Date: 38 SECTION V ATTACHMENTS & EXHIBITS Attachment C CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal program either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds in Medicare of Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing this certification, the offeror/contractor (for acquisitions) or applicant/grantee (for grants) certifies that the submitting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The submitting organization agrees that it will require that the language of this certification be included in any sub-awards which sub-recipients shall certify accordingly. 39 SECTION V ATTACHMENTS & EXHIBITS Attachment D CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS By signing and submitting this proposal, the applicant, defined as the primary participant in accordance with 45 CFR Part 76 certifies to the best of his or her knowledge and believe that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any Federal Department or agency; b. have not within a 3-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; c. 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 paragraph (1) (b) of this certification; and d. have not within a 3-year period preceding this application/proposal had one or more public transaction (Federal, State or local) terminated for cause or default. The inability of a person to provide the certification required above will not necessarily result in denial of participation in this covered transaction. If necessary, the prospective participant shall submit an explanation of why it cannot provide the certification. The Department of Health and Human Services' (HHS) will make the determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The prospective primary participant agrees that by submitting this proposal, it will include the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided below without modification in all lower tier covered transactions. 40 SECTION V ATTACHMENTS & EXHIBITS Attachment E CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS (TO BE SUPPLIED TO LOWER TIER PARTICIPANTS) By signing and submitting this lower tier proposal, the prospective lower tier participant, as defined in 45 CFR, Part 76, certifies to the best of its knowledge and belief that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. where the prospective lower tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 41 SECTION V ATTACHMENTS & EXHIBITS Attachment F CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee or an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty or not less than $10,000 and not more than $100,000 for each such failure. I hereby agree to the above certifications and assurances. Signature of Certifying Official Date Title Applicant Organization 42 SECTION V ATTACHMENTS & EXHIBITS ATTACHMENT G TECHNOLOGY STANDARD All Head Start classrooms will have at least one (1) desktop computer (or one thin client equivalent that supports all required software). All Early Head Start classrooms will have at least one (1) desktop computer (or one thin client equivalent that supports all required software and hardware). Any computers (or thin client terminal environments) purchased with Head Start/Early Head Start funds under this contract must meet the following minimum specifications: Processor Speed – 2.1 GHz (Minimum), 1.83 GHz Core 2 Duo (Recommended) RAM – 512 MB (Minimum), 1 GB (Recommended) Hard Drive – 20 GB (Minimum) Microsoft Windows 7.1 Operating System Microsoft Office Suite 2003 (Minimum), Microsoft Office Suite 2010 (Recommended if purchasing new Office software with recommended level equipment.) Connect to the Internet via high speed broadband (classrooms) and T1 connection to Internet from the (Central Office) 43