IGA WITH THE CITY OF AVONDALE.PDF
Extracted text (via pymupdf_layout)
122253 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF AVONDALE Contract Number: _C-22-17-001-3-00 Contract Amount: $ 69,913 Contract Start Date: July 1, 2016 Contract Termination Date: June 30, 2017 DUNS Number: 002486884 This Intergovernmental Agreement (IGA) for Services (“Agreement”) is entered into by and between City of Avondale, (hereinafter referred to as the “Contractor”), and Maricopa County, administered by its Human Services Department, (hereinafter referred to as the “County”). The Contractor and County are collectively referred to herein as the “Parties” and individually as a “Party.” WHEREAS, the County is empowered by Arizona Revised Statutes §§ 11-251 and 11-952 et seq. to enter into this Agreement and has delegated the undersigned the authority to execute this Agreement on behalf of the County. WHEREAS, the Contractor is empowered by Arizona Revised Statutes §§ 9-240, 9-500.11, 11-952 and 46- 241 et seq. to enter into this Agreement, and has by resolution, delegated the undersigned the authority to execute this Agreement on behalf of the Contractor. The Contractor, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the services 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 Section VI – Exhibits Contractor Rep: Stephanie Small, Neighborhood & Family Services Director Phone: 623-333-2711 Address: 1007 South Third Street, Avondale, AZ 85323 E-Mail: ssmall@avondale.org Maricopa County: Sandra Mendez, Assistant Director Phone: 602-506-2316 Address: 234 North Central, Suite 3000, Phoenix, AZ 85004 E-Mail: mendezs002@mail.maricopa.gov Notices 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. 1 This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either Party hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in any lawsuit brought against the State of Arizona, the County, or the Contractor in any State or federal court. IN WITNESS THEREOF, the Parties have signed this Agreement: Approved By: Approved By: CITY OF AVONDALE MARICOPA COUNTY ______________________________________ _____________________________________ Mayor Chairman, Board of Supervisors ______________________________________ _____________________________________ Date Date Attested to: Attested to: _____________________________________ ______________________________________ City Clerk Date Clerk, Board of Supervisors Date In accordance with A.R.S. §§ 11-952, this agreement has been reviewed by the undersigned attorney(s) who has determined that this Agreement is in proper form and within the power and authority granted under the laws of the state of Arizona. APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________________________ _____________________________________ City Attorney Date Deputy County Attorney Date 2 SECTION I GENERAL PROVISIONS Maricopa County Human Services Department 3 Section I General Provisions A. PURPOSE The purpose of this Agreement is to provide cash reimbursement to the City/Town for funds expended on the provision of Community Action Program services to include Crisis Case Management and Financial Assistance Services in the Community Service Area (CSA) more fully described in Attachment E. Services eligible for reimbursement are the services identified Section III, Work Statement. B. 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 is in conflict with the General Provisions or the Special Provisions, 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. C. DEFINITIONS As used throughout this Agreement, the following words and terms shall have the following meanings: 1. ADES means Arizona Department of Economic Security 2. Assistant Director means the means the Assistant Director of the Community Services Division of the Maricopa County Human Services Department. 3. Department means the Maricopa County Human Services Department. 4. Director means the Director of the Maricopa County Human Services Department. 5. Division means the Community Services Division (CSD) of the Maricopa County Human Services Department. 6. Equipment means all vehicle, furniture, machinery, electronic data processing (EDP) equipment, software and all other equipment costing $5,000 or more, including all normal and necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing charges, etc.), and with a useful life of greater than one year. Equipment as used herein does not include real property (e.g., land, building, structures, or facilities’ improvement). 7. Handbook means the Maricopa County Human Services Department/Community Services Division Policy & Procedure Handbook 8. Subcontract means any contract entered into by the Contractor with a third party for performance of any of the work or the provision of any of the services under this Agreement. 9. Subcontractor means an entity employed by or funded through the Contractor to perform any of the work or provide any of the services under this Agreement. 10. Vulnerable Adult means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in A.R.S. 14-5101. 11. Work Statement means Section III of this Agreement which describes the services to be delivered under this Agreement. D. 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. 4 Section I General Provisions 3. Contractor is an independent contractor in the performance of all work and the provision of all services under this Agreement and Contractor shall not be considered an officer, employee, representative, or agent of the County. 4. 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 Contractor's organization or with which Contractor (or any 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. 5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. E. TERM/EFFECTIVE DATE/RENEWAL LIFE OF THE AGREEMENT 1. The term of this is Agreement is from July 1, 2016 to June 30, 2017. The Agreement is effective when executed by all of the Parties. The Agreement may be extended for three (3) additional one-year terms, upon written agreement of the Parties. 2. The Contractor shall not provide services prior to Agreement term commencing or after the end date of the Agreement. (No billable activity outside of the effective dates). 3. Upon execution of this Agreement and incurring allowable expenses within the Agreement term, the Contractor shall invoice the County per Section IV, Compensation, under this Agreement. F. AMENDMENTS All Amendments to this Agreement shall be in writing and signed by the Parties. G. SUBCONTRACTING No right, liability, obligation or duty under this Agreement may be assigned, delegated or subcontracted, in whole or in part, without the prior written approval of the County. 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. H. 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 Director 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 or any other agency or instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with this Agreement, the Board of Supervisors may amend, suspend, decrease or terminate its obligations under or in connection with this Agreement. In the event of termination, the County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this Agreement. The 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. I. NON-APPROPRIATION OF FUNDS Notwithstanding any other provision herein, this Agreement may be terminated without liability if either Party does not appropriate sufficient monies for the purpose of maintaining this Agreement. The performance of either party to this Contract of its respective obligations set forth in this Contract is subject to the actual availability of funds appropriated by each party for such purpose 5 Section I General Provisions during each party’s then current fiscal year. Each party’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of each party concerning budgeted purposes and appropriation of funds. If the governing body of either party elects not to appropriate and budget funds to pay its Contract obligations, this Contract shall be deemed terminated when the appropriated funds have been expended and the parties shall be relieved of any subsequent obligation under this Agreement, unless otherwise terminated as permitted pursuant to paragraph M of Section 1 of this Agreement. The parties agree that neither party has an obligation or duty of good faith to budget or appropriate the payment of the obligations set forth in this Contract in any budget in any fiscal year other than the fiscal year in which this Contract is executed and delivered. Each party shall be the sole judge and authority in determining the availability of funds for its obligations under the Contract. Each party shall keep the other party informed as to the availability of funds for this Contract. The obligation of the either party to fund any obligation pursuant to this Contract is not a general obligation or indebtedness of said party. The parties hereby waive any and all rights to bring any claim against the other from or relating in any way to the termination of this Contract pursuant to this section. J. BUDGET ADJUSTMENTS Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the expiration date of this Agreement. Requests for financial adjustments to this Agreement shall be supported by appropriate documentation. If the County agrees to the budget adjustments, the County shall follow section D of this Agreement to amend this Agreement. K. DISPUTES In the event that any dispute arises out of this Agreement or involves a recipient of services under the terms of this Agreement the Parties shall meet and confer in an effort to resolve the dispute. In the event that such efforts to resolve the dispute are unsuccessful, the Parties shall resolve the dispute by arbitration pursuant to A.R.S. § 12-1518(A). L. DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION Funding for activities under this Agreement are provided through Federal Health and Human Services. All Contractors that receive federal funding must obtain a Data Universal Numbering System (DUNS) number through http://fedgov.dnb.com/webform. Contractor must also be register and remain current with the System for Award Management (SAM) www.sam.gov a database of basic business information for contractors that receive federal funds. All contractors shall provide their DUNS Number with proposal submittal. For additional information regarding SAM visit this website: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrations.pdf M. TERMINATION 1. Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision ). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return-receipt requested, to the persons at the addresses set forth on Page One of this Agreement. 2. This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 3. 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 the 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 Page One of this Agreement unless otherwise extended as permitted herein. 6 Section I General Provisions N. TERMINATION FOR DEFAULT The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 1. Deliver the supplies or to perform the services within the time specified in this Agreement or any extension; 2. Make progress, so as to endanger performance of this Agreement; or 3. Perform any of the other provisions of this Agreement. 4. The County’s right to terminate this Agreement may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. O. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that pursuant to A.R.S. § 38-511 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 such 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 either 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 said party from any other party to the Agreement arising as the result of the Agreement. P. 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. Q. STRICT COMPLIANCE The County’s acceptance of Contractor’s performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. R. NON-LIABILITY The County, its officers, representatives, agents and employees shall not be liable for any act or omission by Contractor, or any Subcontractor or any officer, representative, agent, or employee of the Contractor or any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts made by Contractor, any Subcontractor, or any officer, representative, agent, or employee of Contractor or any Subcontractor, in connection with this Agreement. S. INDEMNIFICATION 1. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 2. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 3. The scope of this indemnification does not extend to the sole negligence of County. 7 Section I General Provisions T. INSURANCE REQUIREMENTS 1. Contractor, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies who are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 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. 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. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 6. County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance certificates. County shall not be obligated to review policies and/or endorsements or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this Agreement. 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 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. 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. 8 Section I General Provisions 12. Workers’ Compensation: a. Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Agreement; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. b. Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor pursuant to this Agreement. 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, 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. 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, Contractor shall furnish the County with valid and complete certificates of insurance or formal endorsements as required by the Agreement, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Such certificates shall identify this Agreement number and title. b. Prior to commencing work or services under this Agreement, Contractor shall have insurance in effect as required by the Agreement in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Such certificates shall be made available to the County upon ten (10) business days. By signing the agreement page the Contractor agrees to this requirement and failure to meet this requirement will result in cancellation of agreement. 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 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: 9 Section I General Provisions 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: Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. 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. EXCEPTION: In the event the Contractor(s) is a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance. U. SINGLE AUDIT ACT REQUIREMENTS Contractors 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 for Contractor’s in non-compliance with the audit requirements. V. AUDIT DISALLOWANCES If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. The County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. W. LOBBYING 1. No federal appropriated funds have been paid or will be paid by or on behalf of the 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, the Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 10 Section I General Provisions X. RELIGIOUS ACTIVITIES Contractor warrants that none of its costs and none of the costs incurred by any of its Subcontractors will include any expense for any religious activity. Y. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services contributed by the County or 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. Z. COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or entity has been employed or retained by it 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. AA. SAFEGUARDING OF PARTICIPANT INFORMATION 1. The Contractor shall observe and abide by all applicable State and federal statues, rules and regulations regarding the use or disclosure of information including, but not limited to, information concerning applicants for and recipients of contracted services. To the extent permitted by law, the Contractor shall release information to the County, Department, Arizona Department of Economic Security (ADES), and to the Attorney’s General’s Office as required by the terms of this Agreement or by law. 2. The Contractor shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. § 41-161 et. seq. the Department will advise the Contractor as to applicable policies and procedures ADES has adopted for such compliance. BB. RIGHTS IN DATA The County 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. Each Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance hereunder. CC. 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, and otherwise use and to authorize others to use, all copyrighted material and all material that may be copyrighted as a result of this Agreement. DD. PATENTS Any discovery or invention arising out of, or developed in the course of, work under 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. EE. 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 11 Section I General Provisions 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. FF. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS 1. Contractor shall, during the term of this Agreement, within 15 days from acceptance, inform the Assistant Director 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 County of any such agreement shall be a breach of this Agreement and the County may immediately terminate this Agreement without liability. 2. The Assistant Director 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 Assistant Director, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 3. If the Assistant Director determines that the award to Contractor of such other agreements or grants has affected the costs being paid or reimbursed under this Agreement, the Assistant Director 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. AGREEMENT COMPLIANCE MONITORING 1. The County shall monitor Contractor's compliance with, and performance under, the terms of this Agreement. On-site visits for compliance monitoring may be made by the County and/or its grantor agencies at any time during Contractor's normal business hours, announced or unannounced. 2. The Contractor shall make available for inspection and/or copying by the County's monitors, all records and accounts relating to the work performed or the services provided under this Agreement. HH. 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. II. 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. JJ. GRIEVANCE PROCEDURE 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 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 County if the grievance is not satisfied by Contractor. 12 Section I General Provisions KK. NON-DISCRIMINATION 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. LL. 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. MM. FINANCIAL MANAGEMENT Contractor shall establish and maintain a separate, interest-bearing bank account for money provided under this Agreement, or shall establish 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 Contractor. All interest earned on the account shall be disbursed in a manner specified by the County in accordance with applicable State and federal regulations. 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 accordance with generally accepted accounting principles. NN. RETENTION OF RECORDS 1. This provision applies to all financial and programmatic records, supporting documents, statistical records and other records of Contractor that relate to this Agreement. 2. Contractor shall retain all records related to this Agreement for six (6) years after final payment or until after the resolution of any audit questions, which could be more than six (6) years, whichever is longer. The County, federal and State 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. OO. ADEQUACY OF RECORDS If 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, Contractor shall reimburse the County for the services not supported and documented. PP. EQUIPMENT PURCHASES Procurement of equipment with funds received under this Agreement and for a cost equal to or greater than $1000, is prohibited under this Agreement. 13 Section I General Provisions QQ. MATERIAL AND SUPPLIES 1. Material means all property, including equipment, supplies, printing, insurance, and leases of property but does not include land, a permanent interest in land or real property or leasing space. 2. Procurement of equipment with a cost less than $1000 is considered materials and supplies. 3. Individual procurements, purchased with funds provided under this Agreement, of less than $300 require oral price quotations from two (2) or more vendors. The Contractor shall keep and maintain a record of the vendors’ verbal quotations. 4. Individual procurements equal to or in excess of $300 but less than $1000, purchased with funds provided under this Agreement, are subject to a system of written quotes. Contractor shall keep and maintain a record of the vendors’ written quotations. 5. 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. 6. If the Contractor is a public agency, Contractor’s own bidding procedures shall govern, as long as the procurement practices comport with federal law. RR. PROPERTY 1. Any County 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 title to all such property shall revert to the County upon the expiration or termination of this Agreement The costs to repair such property are the responsibility of Contractor within the limits budgeted herein. 2. Any Contractor property furnished or purchased pursuant to the terms of the Contract shall be utilized, maintained, repaired and accounted for by the Contractor. Repair costs of such property shall be the responsibility of the Contractor. SS. 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, the 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. The 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. The 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. 14 Section I General Provisions TT. DRUG FREE WORKPLACE ACT Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that Contractors and grantees of federal funds must certify that they will provide drug-free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. UU. GOVERNOR’S EXECUTIVE ORDER NO. 88-26 Contractor shall use the Arizona Taxonomy of Human Services for reporting and contracting purposes. VV. EMPLOYMENT DISCLAIMER 1. This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. 2. The Contractor agrees that no individual performing under this Agreement on behalf of Contractor may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue to or apply to any such individual. 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 Contractor shall indemnify, defend and hold harmless the County with respect thereto. 3. The County agrees that no individual performing under this Agreement on behalf of County may be considered a City agent, employee, or representative and that no rights of City civil service, City retirement, or City 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 City with respect thereto. WW. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, VOLUNTARY EXCLUSION 1. The undersigned, by signing this Agreement, represents that he/she has the authority to bind Contractor to the terms of this Certification. Contractor, as the primary participant in accordance with 45 C.F.R. 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 covered transactions by any federal department or agency; b. Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with the commission of any of the offenses enumerated in subparagraph 2 above; and d. Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default. 15 Section I General Provisions 2. The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. XX. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES § 41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 1. By entering into this Agreement, Contractor represents and warrants that it is in compliance with the Immigration and Nationality Act (INA using e-verify.) and all other federal and State immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). Contractor shall obtain statements from its Subcontractors certifying such compliance and shall furnish the statements to the County upon request. These representations and warranties shall remain in effect throughout the term of this Agreement. Contractor and its Subcontractors shall also maintain Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 2. The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Agreement to verify compliance with this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the Agreement and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Agreement for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. YY. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 1. The Contractor agrees 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. 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. 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). 16 SECTION II SPECIAL PROVISIONS Maricopa County Human Services Department 17 Section II Special Provisions A. STANDARDS Contractor shall perform the work and provide the services as identified in Section III, the Work Statement, and shall immediately notify the County 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. FEES AND PROGRAM INCOME Unless specifically authorized in the Agreement, the Contractor shall not impose fees or charges of any kind upon recipient for contracted services. C. COMPLIANCE WITH LAWS, RULES & REGULATIONS Contractor shall comply with all applicable laws, rules, and regulations, without limitation, to those designated within this Agreement. D. IT 508 COMPLIANCE Unless specifically authorized in the Agreement, any electronic or information technology offered to the County under this Agreement shall comply with A.R.S.§ 41-3531 and § 41-3532 as may be amended, and Section 508 of the Rehabilitation Act of 1973, which requires the employees and members of the public shall have access to use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities. E. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY If providing direct services to children or vulnerable adults, the following shall apply: 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. Department will request ADES to conduct Central Registry Background Checks on behalf of the Contractor. The information contained in the Central Registry will be used as a factor to determine qualifications for positions that provide direct service to juveniles or vulnerable adults as follows: a. Any person, their employees or volunteers who apply for a contract with 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. a. A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41- 619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41- 619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a Central Registry exception. b. Before being employed or volunteering in a position that provides direct services to children or vulnerable adults under this 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. 4. A person awaiting receipt of the Central Registry Background Check may provide direct services to clients after completion and submittal of the Direct Service Position certification form if the certification states: a. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and 18 Section II Special Provisions b. The person has not been the subject of an investigation of child abuse or neglect in Arizona, or another state or jurisdiction, which resulted in a substantiated finding. The Certification for Direct Service Position is located at: www.azdes.gov/InternetFiles/InternetProgrammaticForms/doc/DDD- 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 County clients. 5. The Agreement shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for five (5) years after termination of the Contract. The Request for Search of Central Registry for Background Check form is located at https://www.azdes.gov/opac . F. FINGERPRINTING 1. 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 relate to contract 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. G. CONTRACTOR CHANGES The Contractor is required to notify the Department, in writing, within fifteen (15) calendar days, of any changes in the following: 1. The number of staff or the identity of staff funded with this Agreement 2. Agency authorized signatory 3. Agency address, phone, fax or email addresses 4. Person to whom Agreement notices should be sent 5. Any variation of insurance required by this Agreement H. REALLOCATION OF FUNDING Should additional funds become available during the term of the contract period, the County reserves the right to allocate these funds and proportionate services in this Agreement. Allocations may be 19 Section II Special Provisions adjusted based on documented client need, census determinations, or over, under or non- performance by the Contractor. I. BUDGET ADJUSTMENTS, CHANGE ORDERS, AND AMENDMENTS. 1. Contractor’s budget or Work Statement described herein may be revised through a formal Amendment to the Agreement. 2. Budget Adjustments: If changes do not result in an increase or reduction of the total contract budget amount and result in more than a 10% change in a budget category, changes will take place with budget Change Orders to be executed, approved and signed by both the Department Director and Contractor. 3. Changes that result in an increase or decrease in the total Agreement budget will require a formal amendment pursuant to Section F of the General Provisions. 4. The Department Director may, at any time, make changes to the general scope of this Agreement via a written Change Order for any of the following reasons: a. Specific program rules, regulations, application procedures; and b. Minor work statement revision; and c. Administrative requirements such as reporting criteria. 5. Any dispute or disagreement resulting from such written changes or budget Change Orders shall constitute a dispute within the meaning of the dispute clause of the Agreement’s General Provisions and shall be adjusted accordingly. J. STAFF AND VOLUNTEER TRAINING The County may make available to Contractor the opportunity to participate in any applicable training activities conducted by the County. K. EVALUATION 1. The County may evaluate, and the Contractor shall cooperate in the evaluation of, contract services. Evaluation may assess the quality and impact of contract services, either in 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 contract impact in support of County goals. L. COOPERATION IN TRAINING, STRATEGIC PLANNING, NEEDS ASSESSMENT, OUTCOME MEASUREMENT INITIATIVES The Contractor will cooperate in needs assessments, strategic planning, training required by Department and outcome measurement initiatives, as reasonably requested by the County. M. DISALLOWED COSTS The cost principles set forth in the Code of Federal Regulations, 48 CFR, Chapter 1, Subchapter e, Part 31, (October 1, 1991), including later amendments and editions on file with the Arizona Secretary of State and incorporated by this reference, shall be used to determine the allow ability of incurred costs for the purpose of reimbursing costs under Agreement provisions that provide for the reimbursement of costs. Those costs which are specifically defined as unallowable therein will not be submitted for reimbursement by the Contractor and may not be reimbursed with County funds. In addition, the Contractor shall comply with the following publications (including subsequent revisions), as applicable: 1. OMB Circular A-87 for State, local, and Indian Tribal Governments. 20 Section II Special Provisions N. PAYMENT RECOUPMENT The Contractor shall reimburse the County upon demand, or the County may deduct from future payments, the following: 1. Any amounts received by the Contractor from the County for contract services which have been inaccurately reported or are found to be unsubstantiated. 2. Any amounts paid by the Contractor to a subcontractor not authorized in writing by the County. 3. Any amount or benefit paid directly or indirectly to an individual or organization not in accordance with the Substantial Interest section of these terms and conditions. 4. Any duplicate amounts paid by the County for services covered or reimbursed by other specific grants, contracts, or payments. 5. Any amounts expended for items or purposes determined unallowable by the County upon reimbursement by the County of such costs to the Contractor; see the “Disallowed Costs” clause of these Special Provisions. 6. Any amounts paid by the County for which the Contractor’s books, records, and other documents are not sufficient to clearly substantiate that those amounts were used by the Contractor to perform Agreement services. 7. Any amounts received by the Contractor from the County which are identified as a financial audit exception. 8. Any amounts paid or reimbursed in excess of the Agreement or service reimbursement ceiling. 9. Any payments made for services rendered before the Agreement begin date or after the Agreement termination date. O. RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS Should program monitoring or application quality assurance review result in findings related to direct service funds being paid for ineligible individuals or in amounts above allowable program limits, the Contractor shall repay those funds to the County upon written notification by the Assistant Director. P. OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the Agreement. Q. RECOGNITION OF COUNTY SUPPORT Contractor shall give recognition to the County and the funding source for their support when the Contractor publishes materials or releases public information that is paid for in whole or in part with funds received by Contractor under this Agreement. R. PUBLICATIONS The following shall be included in all publications, forms, flyers, etc. that are distributed to recipients of Agreement services: “Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI and VII) and the American with Disabilities Act of 1990 (ADA) Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, (insert Contractor name here) prohibits discrimination in admissions, programs, services, activities or employment based on race, color, religion, sex, national origin, age, and disability. The (insert Contractor name here) must make reasonable accommodation to allow a person with a disability to take part in a program, service, or activity. Auxiliary aids and services are available upon request to individuals with disabilities. For example, this means that if necessary, the (insert Contractor name here) must provide sign language interpreters for people who are deaf, a wheelchair accessible location, or enlarged print materials. It also means that the (insert Contractor name here) will take any other reasonable action that allows you to take part in and understand a program or activity, including making reasonable changes to an activity. If you believe that you will not be able to understand or take part in a program or activity because of your disability, please let us know of your 21 Section II Special Provisions disability needs in advance if at all possible. To request this document in alternative format or for further information about this policy please contact: (insert Contractor contact person and phone number here)” Para obtener este document en otro formato u obtener informacion adicional sobre esta politica, (insert Contractor contact person and phone number here)” S. 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. Annually, contractors will be required to submit an inventory of all County provided hardware and software to the Assistant Director. T. CLEAN AIR ACT & CLEAN WATER ACT Contractor must be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.1857(h),section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). U. SUBSTANTIAL INTEREST DISCLOSURE 1. Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust, or any other organization which has a substantial interest in 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 a full written disclosure of the proposed payments, including amounts, to the County. 2. Leases or rental agreements of property shall be in writing and accompanied by an independent commercial appraisal of fair market rental, lease, or purchase value, as appropriate. 3. For the purpose of this Section, "relative" shall have the same meaning as in A.R.S. §38-502 as may be amended. V. RESPONSIBILITY FOR PAYMENTS INDEMNIFICATION The Contractor shall be responsible for issuing payment for services performed by the Contractor’s employees, subcontractors, suppliers, or any other third party incurrent in the furtherance of the performance or the arising out of the Agreement and will indemnify and save the County harmless for all claims whatsoever out of the lawful demands of such parties. The Contractor shall, at the County’s request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged or waived. 22 SECTION III WORK STATEMENT Maricopa County Human Services Department 23 Section III Work Statement WORK STATEMENT FOR CRISIS CASE MANAGEMENT AND FINANCIAL ASSISTANCE SERVICES A. SERVICE DESCRIPTION The Contractor shall provide Crisis Case Management and Financial Assistance services to eligible residents in the Community Service Area (CSA) more fully described in Attachment A. Services shall be provided as described in this section. 1. Crisis Case Management Services are provided to individuals and/or families in order to enhance their self-sufficiency and/or involvement in the community, and through which the needs and eligibility of the individuals applying for/receiving financial services are determined. For those individuals eligible, appropriate services are identified, obtained or provided, and recorded. Information and referral services will be provided as appropriate. 2. Financial Assistance Services are provided to stabilize the immediate and emergent needs of the client including basic needs. Financial services may include, but are not limited to: temporary emergency shelter, emergency rent and mortgage assistance, first month’s rent and rental deposit assistance, utility payment assistance, utility deposit assistance, food boxes, and other needs as identifies by applicant. B. TRAINING The Department shall provide training to Contractor to assist Contractor in determining program eligibility, regulations, and policies. Contractor is fully responsible for ensuring all employees providing services under this Agreement attend Department training. C. STANDARDS/LICENSURE/PROGRAM INFORMATION 1. Crisis case management is the process by which eligibility for financial assistance with basic and emergent needs is determined and provided to income eligible individuals. Available resources are categorized as follows: a. Financial Assistance (e.g. rent, utility, mortgage assistance); b. Information and Referrals; c. Utility Discount Programs (enrollment); d. Goods and materials (e.g. food boxes, clothing); e. Home Repair/Weatherization (e.g. referral to home repair programs i.e. Weatherization Program); and f. Non-Financial Assistance (e.g. case management, energy conservation education, assistance with completing forms i.e. AHCCCS applications, Food Stamps applications) 2. Contractor will be required to use the Handbook as amended, in the provision of services. The Handbook provides detailed information on services, client eligibility, regulations and guidelines, application and documentation procedures and service dollar limits for County funded financial assistance. 3. Contractor shall use the HSD Online Client Data System to document and record all services provided and supported by County funds. This includes financial assistance services and non-financial services provided by Contractor staff/volunteers supported with County funds. 4. Contractor shall comply with all applicable federal, state, and county regulations, laws, and rules related to specific funding sources used, including but not limited to: a. Federal Low Income Home Energy Assistance Program regulation as well as the State of Arizona Low Income Home Energy Assistance Program State Plan. Title XXVI- Low Income Home Energy Assistance Program Omnibus Budget Reconciliation Act of 1981; 24 Section III Work Statement b. Federal Social Services Block Grant; c. Federal Emergency Solutions Grant; d. Federal Community Services Block Grant; e. Utility, Repair, Replacement and Deposit Assistance Guidelines; f. State Short Term Crisis Services Program; g. Federal Temporary Assistance to Needy Families (TANF) as related to the provision of Emergency Assistance; h. State and Federal Client Confidentiality Laws and Regulations; i. The Handbook; j. Community Services Block Grant Legislation, as amended; k. Stewart B. McKinney Homeless Assistance Act; l. COATES Human Services Reauthorization Act of 1998; m. Personal Responsibility and Work Opportunity Reconciliation Act of 1996; n. Neighbors Helping Neighbors (A.R.S. §46-741); o. Verification of Identity and Citizenship and/or Immigration Status (A.R.S.); and p. Eligibility for Federal and State or Local Public Benefits (A.R.S. §1-501 - 1-502). 5. Contractor shall maintain documentation that key staff have received appropriate training or hold appropriate certification/licensure in accordance with their job description. 6. Contractor shall maintain documentation that case management staff have received training on the requirements of A.R.S.§ §46-140.01 §1-501 and . §1-502 regarding eligibility for State and local benefits. D. CODE OF CONDUCT The Contractor shall avoid any action that might create or result in the appearance of: 1. Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under this Agreement. 2. Acting on behalf of the County without appropriate authorization. 3. Providing favorable or unfavorable treatment to anyone. 4. Making a decision on behalf of the County that exceeded its authority, could result in partiality, or have a political consequence for the County. 5. Misrepresenting or otherwise impeding the efficiency, authority, actions, policies, or adversely affect the confidence of the public or integrity of the County. 6. Loss of impartiality when advising the County. E. PERSONNEL 1. The Contractor shall notify the Department of staff changes and vacant positions within three (3) business days of changes. The Contractor shall fill vacancies to ensure service availability and clients are not turned away due to lack of staff. 2. The County reserves the right to immediately remove access to any County data/reporting systems, as deemed necessary or appropriate, if it is determined any Contractor personnel is a risk to the County operations such as but not limited to: a. Approving clients for services they are not eligible for; b. Denying eligible clients for services; and c. Accessing the HSD Online Client Data System for any purpose other than areas of responsibility. F. LEVEL OF SERVICES i. If the Contractor determines service recipient eligibility, the Contractor shall maintain and regulate the units or services set forth in this Agreement to ensure continuity and availability of services to eligible persons during the term of this Agreement and during any transition to a subsequent Contractor. 25 Section III Work Statement ii. The County makes no guarantee to purchase specific quantities of goods or services or to refer eligible persons as may be identified or specified herein. Further, it is understood and agreed that this Agreement is for the sole convenience of the County and that the County reserves the right to obtain like goods or services from its sources when such need is determined necessary by the County. iii. Services under this Agreement may be moved or expanded to other site locations within the geographic area awarded only by a written amendment. G. LIMITED ENGLISH PROFICIENCY The Contractor shall ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served following the ADES Policy, Limited English Proficiency; DES 1-01-34 Exhibit 1. H. DATA COLLECTION AND MANAGEMENT Eligibility determination and documentation shall be completed for each applicants/clients and appropriate household members receiving services through this Agreement. The Contractor shall be responsible for adhering to the Handbook when determining eligibility and entering client information into the HSD Online Client Data System. I. SERVICE GOALS Contractor shall ensure service delivery that meet the Community Service Block Grant (CSBG) Service Goals for Community Action Programs as follows: 1. To assist low income individuals or households reduce or eliminate barriers to initial or continuous employment. 2. To reduce homelessness and help families move from unaffordable or unsafe housing by assisting with first month rent, rental security deposits and/or utility deposits. 3. To prevent homelessness by assisting families with eviction prevention rent assistance, mortgage foreclosure assistance and/or utility assistance. 4. To assist low-income families in accessing or maintaining telephone service through enrollment in telephone discount programs. 5. To ensure that individuals know about and can access other community resources and programs through provision of community information and referral. 6. To reduce immediate hunger by providing food boxes or referrals to sources of immediate food. 7. To assist low-income energy burdened households maintain self-sufficiency through enrollment in various utility discount programs. 8. To support households in maintaining or achieving self-sufficiency through crisis case management to meet the household’s immediate and basic needs. 9. To assist low-income individuals and/or households in achieving an increase in financial assets and/or financial skills to achieve or maintain self-sufficiency. J. SERVICE REQUIREMENTS Contractor shall adhere to the following service requirements: 1. Provide personnel, supervision, staff training, equipment, materials and supplies necessary to perform and provide crisis case management and financial assistance services; 2. Provide services that are appropriate to the language and culture of the target population in the geographic service area; 3. Provide on-site financial assistance services at a location(s) within the specified service area; 4. Maintain a client-focused facility which offers sufficient space for program applicants waiting to be seen or waiting rooms which provide adequate seating, and accessible in all permanent facility locations; 26 Section III Work Statement 5. Ensure adequate space is available for conducting eligibility determination where confidential information cannot be overheard; 6. Assure that staff members and volunteers do not have conflicts of interest in the provision of services and management of programs; 7. Maintain client/recipient information confidential and in a secure location; and 8. Conduct quality assurance review of each application that is funded by County funds, prior to submission to County for payment authorization; and K. REPORTING REQUIREMENTS 1. Unless otherwise provided in this Agreement, reporting shall adhere to the following schedule: no later than the 10th working day following each month during the Agreement term, the Contractor shall submit programmatic and financial reports to the County 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 County, 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 County, in a forfeiture of such payment. 2. Contractor shall submit to the County all final program and fiscal reports no later than 60 days, following the termination of this Agreement. Failure to submit final program and fiscal reports within the designated time period may result, at the option of the County, in forfeiture of final payment. L. ADMINISTRATIVE Contractor shall adhere to the following administrative requirements: 1. Policies and Procedures for training staff and/or volunteers and documentation of when training occurred for the following: a. Confidentiality of clients’ information; b. Grievance/Problem solving procedures; c. Non-Discrimination policies; d. Equal access to programs and services for individuals with disabilities and reasonable accommodations and compliance with Americans with Disabilities Act; e. Providing services to individuals who are non-English speaking, hearing impaired, and vision impaired; and f. Providing services that are language and culturally appropriate to the target population in the geographic service area; 2. Agency Policies shall address: a. Staff and/or volunteers will not provide direct services to clients until all appropriate Background Checks and Fingerprint clearance have been completed with satisfactory results and procedures if results are unsatisfactory and how information will be maintained; b. The process for ensuring services and financial assistance are available for a twelve (12) month period; c. Providing services when County Direct Service funds are depleted; 3. Contractor shall provide In-Kind/Cash Match value of 25% other than County-provided funds to support administration and operating program costs. 4. Contractor shall describe sources of agency funding and amounts from entities other than County provided funds to support administration and operating costs of the agency including the value of in-kind/cash match contributions. Funding source information reported under this requirement shall be for in-kind/cash match contribution used to support administration and operating costs, and shall not be included in the leverage funding expenditure plan. 27 Section III Work Statement 5. Contractor shall ensure that no direct services, utilizing County operations or financial assistance funds, will be provided to clients by agency staff and/or volunteers until all appropriate background checks for employment through Central Registry have been conducted and satisfactory results are received by the County. M. PROCEDURES FOR CRISIS CASE MANAGEMENT AND FINANCIAL ASSISTANCE SERVICES 1. Contractor shall adhere to the following Crisis Case Management and Financial Assistance requirements and shall respond to how requirements will be met. 2. Contractor Policies and Procedures shall address the following: a. Scheduling application intake to include: scheduling for individuals in crisis situations, homeless and about to become homeless, impending utility shutoff and priority processes; b. Scheduling appointments for clients outside of regular business hours; c. Scheduling appointments for individuals that are homebound; d. Documenting client crisis reasons, needs, services requested and services provided, staff time spent providing services, documenting in HSD Online Data System; and e. Obtaining all client verification and maintaining documentation in client files. N. COUNTY-FUNDED FINANCIAL ASSISTANCE 1. Contractor shall adhere to policies and procedures for administration of County-funded financial assistance and shall respond to how requirements will be met. 2. Contractor policies and procedures shall address the following: a. Notifying applicants of their rights, responsibilities, grievance/problem solving procedures, including the provision of the approval/denial/appeal process for services; b. Completing quality assurance on client applications submitted to the Department to include the staff position responsible for conducting the quality assurance; c. Responding to the Department when notified of required clarification and/or corrections required on clients’ applications or data entry, to include the staff position responsible for responding to the requests; d. Securing, completing and issuing County Financial Assistance Vouchers as these vouchers shall be treated as currency and must be kept secure at all times; e. Identifying the staff position authorized to sign vouchers; f. Utility Assistance: i. If a utility vendor agrees to wait for payment or accepts a guarantee, documentation of arrangement is required. Documenting and Guaranteeing Utility Assistance to Utility Companies consistent with the following criteria: ii. Assistance provided within 48 hours after application and deemed eligible iii. Assistance is provided within 18 hours after application, deemed eligible and a life threatening situation exists; g. Providing of energy conversation education to all eligible applicants receiving utility assistance; h. That 50% of clients that receive Low Income Home Energy Assistance Program-funded utility assistance (“LIHEAP”) receive targeted energy-savings activities education and,, an Energy Savers Brochure which is documented in client files and the HSD Online Client Data System. 3. Direct Financial Assistance Funds will not be included this Agreement. These funds will be retained by the County and will be made available to the Contractor through the HSD Online Client Data System. Applications for funded financial assistance must be completed via the HSD Online Client Data System. The County will make payments directly to vendors (i.e. utility companies, landlords, mortgage companies, etc.) upon authorization by the County. 28 Section III Work Statement 4. The allocation of Direct Financial Assistance Funds for each service area is determined through the use of a funding formula recommended and approved by the Maricopa County Community Services (MCCS) Commission. 5. For State Fiscal Year (SFY) 2017, the following financial assistance fund amounts are anticipated for this Agreement (allocations being subject to change, based upon the availability of funds): Service Low Income Home Short Term Crisis Total Allocation of Area Energy Assistance Services Assistance for Direct Financial (LIHEAP) Needy Families (TANF) Assistance Funds Funds Minimum Funds Minimum Total Total Available Number of Available Number of Funds Number of Households Households Available Households Avondale $227,134 355 $38,925 26 $266,059 381 Service Area 6. The Contractor is required to provide community funds to be leveraged for financial assistance use and to demonstrate the amount of community funds to be leveraged. 7. The Contractor will ensure service delivery is available for a period of no less than twelve (12) months and will provide an expenditure plan to include the amount of funds to be leveraged in the twelve (12) month period; the expenditure plan may be adjusted by the Contractor within the twelve (12) month timeframe, based upon local needs and demand factors. A revised expenditure plan shall be submitted to the Assistant Director within thirty (30) days from the date of adjustment. O. INFORMATION & REFERRAL 1. The Contractor shall adhere to policies and procedures for the provision of information and referral services and shall respond to how requirements will be met. 2. The Contractor’s procedures shall address the following: a. Providing information and referrals to clients, facilitating or coordinating referrals with agencies and documenting in client files and in HSD Online Client Data System; b. Providing referrals to clients for weatherization services and or the repair/replacement of utility-related appliance programs; c. Enrolling eligible clients in appropriate utility and phone discount programs (i.e. Southwest Gas Discount Program (LIRA), APS E-3 Discount Program, SRP Economy Price Plan Discount and the Lifeline); and d. Assisting individuals with completion of forms for federal and state social service programs such as AHCCCS or SNAP (supplemental nutrition assistance program, formerly food stamps) P. SERVICES PROVIDED BY COUNTY To ensure successful program service delivery, County will provide/conduct: 1. Training and technical assistance on: a. The Handbook; b. County-funded crisis case management and financial assistance services; c. County Financial Assistance Vouchers; d. Use of the HSD Online Client Data System e. Results Oriented Management and Accountability (ROMA); f. Required reports and forms; and g. Other forms as necessary. 29 Section III Work Statement 2. Fiscal monitoring, program monitoring and client file review; and 3. Training and technical assistance as needed/required. 4. Timely training on revisions and changes to Contract compliance requirement. 5. Notification to the Contractor in writing, within fifteen (15) calendar days of any change in the County staff contact person to whom Agreement notices, reports or request should be sent. Q. REPORTING REQUIREMENTS 1. The County reserves the right to add, remove, or revise reporting requirements to meet program goals. 2. The Contractor shall submit the following to the Department: a. ROMA data and/or reports no later than the 10th business day after the end of each quarter of the fiscal year. b. Submit other reports as required by the Department. 3. Reports will be submitted to: Maricopa County Human Services Department Community Services Division 234 N. Central Avenue, Suite 3000 Phoenix, AZ 85004 4. Unless otherwise provided in this contract, reporting shall adhere to the following: a. No later than the 10th working day following each month during the Agreement term, the Contractor shall submit programmatic and financial reports to the Department in the form set forth in the Agreement. Failure to provide such report within 45 calendar days following the end of a month may result, at the option of the County, in a forfeiture of such payment. 5. No later than the designated date, to be determined by the Department, following the termination of the Agreement, Contractor shall submit to the Department final program and fiscal reports. Failure to submit final program and fiscal reports within the designated time period may result, at the option of the County, in forfeiture of final payment. R. PANDEMIC AWARD PERFORMANCE 1. The Contractor shall provide a written plan that illustrates how the Contractor shall meet award standards in the event of a pandemic (“Pandemic Performance Plan”). At a minimum, the Pandemic Performance Plan shall include: a. Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce. b. Alternative methods to ensure services are available. c. An up-to-date list of agency contacts and an organizational chart. 2. In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government or the World Health Organization, which makes performance of any term under this award impossible or impracticable, the Department shall have the following rights: a. After the official declaration of a pandemic, the Department may temporarily void the award in whole or specific sections if the Contractor cannot perform to the standards agreed upon in the initial terms. 3. The Department shall not incur any liability if a pandemic is declared, and emergency procurements are authorized by the Director of the Arizona Department of Administration per A.R.S. § 41-2537 as may be amended of the Arizona Procurement Code. 4. Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, the Department, at its sole discretion may reinstate the temporarily voided award. 30 SECTION IV COMPENSATION Maricopa County Human Services 31 Section IV Compensation A. COMPENSATION Subject to the availability and authorization of funds for the explicit purposes set forth in this Agreement, County shall pay the Contractor compensation for services rendered. B. REIMBURSEMENT 1. Effective July, 2016 through June 30, 2017, Contractor shall be reimbursed as set forth under this Agreement. 2. During the term of this Agreement, the maximum amount of compensation due to the Contractor from the County, for any and all services performed by the Contractor for the obligations and duties herein, shall not exceed the amount(s) in Attachment B. C. COST REIMBURSEMENT AND MATCH REQUIREMENTS 1. Contracts awarded under this solicitation will be paid on a cost reimbursement basis. 2. The Contractor shall be required to provide a minimum of in-kind/cash match value of 25% exclusive of County-provided funds to support administration and operating program costs: a. A cash match shall not include federal funds or funds used to match another federal program. b. In-kind support may include but is not limited to: office space, personnel time, equipment, material and supplies D. FUNDING 1. Funding for this Agreement is provided through an intergovernmental agreement with ADES from the U.S. Department of Health and Human Services Office: Administration for Children and Families and Maricopa County for Community Action Program activities. 2. Funding allocations are based on a funding formula as accepted by the Human Services Department Community Services Commission. 3. The Catalog of Federal Domestic Assistance (CFDA) is a government-wide collection of Federal programs, projects, services, and activities that provide assistance or benefits to the American public. The CFDA contains financial and nonfinancial assistance programs administered by departments and establishments of the Federal government. 4. Activities and programs to be administered under this Agreement shall be funded through the following CFDA funds: 93-667 Social Services Block Grant (SSBG) 93-569 Community Services Block Grant (CSBG) 93-558 Temporary Assistance for Needy Families (TANF) 93-568 Low Income Home Energy Assistance Program (LIHEAP) 5. Subject to the availability and authorization of funds, the anticipated funding for this Agreement is $69,913 E. METHOD OF PAYMENT Subject to receipt of a proper invoice and upon approval by the County during the term of this Agreement, County shall pay the Contractor no more than monthly and based on performance of the duties described herein by the Contractor as follows: 1. Subject to the availability of funds, the County shall reimburse the Contractor for all allowable costs associated with the performance of work and the provision of services under this Agreement. Reimbursement for this Agreement shall be limited to the total amount of the Agreement award and per Attachment B Operating Budget. 2. On or before the tenth (10th) working day of the month following a month of service delivery by the Contractor, the Contractor shall submit to the County, a Financial Claim Form (Claim) as the Contractor’s invoice for allowable costs incurred during the billing period. A template Claim form shall be provided by the County to the Contractor for its use. 32 Section IV Compensation Sufficient backup shall also be attached to this Claim, such as a general ledger excerpt or a detailed expenditure report, with the included charges circled or highlighted. 3. The Claim and backup will be submitted to the County before payment(s) can be made by the County as provided for under this Agreement. 4. Provided that the maximum reimbursable amount is not exceeded, the Contractor may deviate, plus or minus 10% from the amounts identified in the Agreement operating service budget category subtotals. 5. Changes exceeding the above stated deviation from operating service budget category subtotals will require a Change Order as specified in Special Provisions’ Section I, paragraph I or a formal Amendment, as specified in General Provisions’ Section I, Paragraph F. 6. Should the County make a disallowance in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or the reasons for a disallowance, the protest shall be construed as a dispute concerning a question of fact within the Agreement’s Dispute’s provision. 33 SECTION V ATTACHMENTS Maricopa County Human Services Department 34 Section V Attachments ATTACHMENT A – SERVICE REQUIREMENTS Respondents shall provide methodology that will ensure services requirements are met. Respondents shall submit complete information on how agency will provide service delivery for the following components: Response boxes have been provided and will expend as text is entered. 1.0 SERVICE GOALS 1.1 To assist low income individuals or households reduce or eliminate barriers to initial or continuous employment: Crisis Case Management Services are provided to individuals and/or families in order to enhance their self-sufficiency and/or involvement in the community, and through which the needs and eligibility of the individuals applying for/receiving financial services are determined. For those individuals eligible, appropriate services are identified, obtained or provided, and recorded. Information and referral services will be provided as appropriate. 1.2 To reduce homelessness and help families move from unaffordable or unsafe housing by assisting with first month rent, rental security deposits and/or utility deposits: Financial Assistance Services are provided to stabilize the immediate and emergent needs of the client including basic needs. Financial services may include, but are not limited to: emergency rent and mortgage assistance, first month’s rent and rental deposit assistance, utility payment assistance, utility deposit assistance, food boxes, etc. 1.3 To prevent homelessness by assisting families with eviction prevention rent assistance, mortgage foreclosure assistance and/or utility assistance: Financial Assistance Services are provided to stabilize the immediate and emergent needs of the client including basic needs. Financial services may include, but are not limited to: emergency rent and mortgage assistance, first month’s rent and rental deposit assistance, utility payment assistance, utility deposit assistance, food boxes, etc. 1.4 To assist low-income families in accessing or maintaining telephone service through enrollment in telephone discount programs: Our CAP office has a Telephone Assistance Program (TAP). Clients that are in need of a telephone fills out the TAP application and the CAP staff ensures that appropriate paperwork and information is input in the HSD system and sent to DES. 1.5 To ensure that individuals know about and can access other community resources and programs through provision of community information and referral: Information and referrals are routinely given to residents/clients to make up the gap in services we are not able to offer. These referrals also supplement services we have provided. Referrals are documented in the HSD Online Client Data System. 1.6 To reduce immediate hunger by providing food boxes or referrals to sources of immediate food: The Avondale Community Action program does not have a food box distribution process on site. We refer individuals to partnering agencies including but not limited to: the Agua Fria Food Bank, St. Mary’s Food bank, and the Senior Center. Staff and partners at the center are kept up to date as to hours of operation and schedules for food boxes to ensure that we are meeting the needs of our community. 35 Section V Attachments 1.7 To assist low-income energy burdened households maintain self-sufficiency through enrollment in various utility discount programs: Case workers are responsible for providing the discount applications to participants. Staff will assist participants with the completion and mailing of applications. These services are data entered into the MCHSD/CSD client database 2.0 SERVICE REQUIREMENTS 2.1 Services are provided in appropriate language(s) and culture(s) to the target population in the geographic location : The printed materials for the Community Action Program are available in English or Spanish and we have bilingual staff (Spanish speaking), which is relation to the current population we serve in Avondale and the surrounding service area. 2.2 On-site financial assistance services at location(s) within the specified service area: The current location for on-site financial services are at one location; the Care1st Avondale Resource Center. Outreach efforts for intakes may also include the Avondale Senior Center. 2.3 Provide information on personnel, supervision, staff training, equipment, materials and supplies necessary to perform and provide services required: All staff assigned to the Community Action Program are trained in the confidentiality policies by the Director or Family Services Manager. Policies are available electronically on the City server for reference. All client files are kept securely locked. Staff works in a cubicle environment, therefore efforts are made to stagger appointments to safeguard confidentiality. Conference rooms are available for screenings when requested. Any training provided is documented through notes of the training taken during training sessions. The notes are captured by staff person receiving the training for their future use and reference. A record of any training will be documented and placed in the employee’s personnel file. 2.4 Processes for ensuring that applications for MCHSD funded assistance are reviewed for quality assurance prior to submission to MCHSD for payment authorization: A designated CAP staff member will be responsible for the quality review of applications. Each case is reviewed for potential errors before the application is submitted to Maricopa County Human Services Department. When an error is found, the application is returned to the staff member responsible for the error and the error is corrected. 3.0 ADMINISTRATIVE 3.1 Describe the agency’s policies, procedures and training for staff and/or volunteers in regards to the confidentiality of clients and client related information. Include how and when the training occurs and where the training is documented. All staff assigned to the Community Action Program are trained in the confidentiality policies by the Director or a designee upon hire. Policies are available electronically on the City server for reference. All client files are kept securely locked. Staff works in a cubicle environment, therefore efforts are made to stagger appointments to safeguard confidentiality. Conference rooms are available for screenings when requested. Any training provided is documented through notes of the training taken during training 36 Section V Attachments sessions. The notes are captured by staff person receiving the training for their future use and reference. A record of any training will be documented and placed in the employee’s personnel file. 3.2 Describe the agency’s training of staff and volunteers in regards to the agency grievance/problem solving procedures of the agency. All staff will be trained in the agency’s grievance process, by the NFS Director or Family Services Manager. This process ensures that all clients receive the Rights and Responsibilities form when they meet with the case workers with whom they will be working. During individual appointments case workers discuss these rights and responsibilities in addition to providing a notice of eligibility/denial/appeal to the client. Any person seeking assistance from the Community Action Program who feels he/she has not been treated fairly may appeal any decision by filing a grievance. 3.3 Describe the training of staff on the agency’s non-discrimination policy. All staff will be trained in the agency’s non-discrimination policy. Policies are reviewed each year and included in new staff orientation training Any resident/client who feels he or she has not been treated fairly may appeal any decision or treatment by staff by filing a grievance. 3.4 Describe the procedure that ensures equal access to programs and services for individuals with disabilities, and the reasonable accommodations that ensure compliance with the Americans with Disabilities Act. The Avondale Community Center and the Care 1st Avondale Resource and Housing Center allow access to those who have limited mobility. Each building is ADA compliant. 3.5 Describe how the agency will ensure that services are available to non-English speaking, hearing impaired, and vision impaired individuals and how services are appropriate to the language, culture, and geographic location of the target population. We have staffs that are bi-lingual in English and Spanish. For clients who speak other languages or those with vision or hearing impairment, we ask for a reasonable time to access possible accommodations. We have the ability to contract with other providers for this service if necessary. 3.6 Indicate and describe sources of agency funding and amounts from entities other than MCHSD that support administration and operating costs of the agency including the value of in- kind/cash match contributions. ENTITY FUNDING IN- IN-KIND/CASH AMOUNT KIND/CASH MATCH TYPE MATCH $ VALUE The City of Avondale $45,092 $ General Funds $ $ $ $ 3.7 Describe how the agency will ensure that no direct services, utilizing MCHSD operations or financial assistance funds, will be provided to clients by agency staff and/or volunteers until all appropriate background checks for employment through Central Registry have been conducted and satisfactory results are received by the County. Prior to the date of hire, new employees, subcontractors and volunteers, whether paid or 37 Section V Attachments not, are submitted for the Central Registry clearance. The required forms are submitted to MCHSD via email. New hires do not provide direct services until authorization is obtained from MCHSD. 4.0 PROCEDURES FOR CRISIS CASE MANAGEMENT AND FINANCIAL ASSISTANCE SERVICES 4.1 Describe agency procedures for how clients are scheduled for application intake ensuring that people in crisis situations, including those who are homeless, about to become homeless, or have impending utility shutoff, are given priority in the scheduling process. With the current economic recession we continue to have a large number of families that are losing their homes and/or their jobs. Because the demand for CAP assistance is much larger than we are able to provide with limited staff and financial resources, we have integrated technology into our application process. We currently use an automated call system to determine which individuals receive appointments. On the first working day of each week at 8am, the system gleans contact information from each caller requesting assistance. Each caller receives a return call for either an appointment and/or additional referrals to other agencies that may provide assistance. If a resident presents with an impending homeless situation they may be referred to Family Services Manager, given information for the centralized shelter hotline number or other community partners that work on a referral basis with the While our resources are limited we refer to other agencies that may be able to assist residents of our service area. 4.2 Describe how the agency accommodates clients who require an appointment outside of regular business hours. The CAP office is open Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Clients who are not available during those hours may be seen earlier in the morning or later in the evening. 4.3 Describe how agency ensures program access for persons who are homebound. Home visits are an option if the client meets the following criteria: a medical release from a doctor, if staffing is available (2 case workers are required) and if the case manager’s safety is not in question. This is at the discretion of the Family Services Manager and/or the Neighborhood and Family Services Director. 4.4 Describe the services in place to assist individuals when MCHSD financial assistance service funds have been depleted. The Avondale CAP staff will refer individuals and families to the Salvation Army or Avondale Family Health Center programs to help fill in the gap for need in utility assistance. We manage funds carefully so that we are rarely without some funding source. If we were to run out of funding we would only be able to refer residents to other agencies. 4.5 Describe the process for documenting client crisis reason, needs, service(s) requested, services provided, and staff time spent with or on behalf of the client into the HSD Online Client Data System. 1. The Social Services Coordinators complete the application for assistance and determine eligibility. 2. The application is reviewed through the QA system and returned to the Social Services Coordinators for any necessary corrections. 38 Section V Attachments 3. Data is entered into the MCHSD database system. 4. Guarantees are faxed to the appropriate utility company. 5. Vouchers are sent to landlords to ensure that residents are not evicted. 6. The timeline is 18 hours from the intake date. 4.6 Describe agency process and procedures for obtaining and retaining all required client verification and documentation in client file. Social Services Coordinators will request and copy participant’s eligibility determination verifications and documents. These copies will be placed in the case file before services are approved. The case workers are responsible for the information required in the case file. Appropriate verifications and documents will depend on the fund source used as described in the MCHSD/CSD Program Policy and Procedures Handbook. 5.0 MCHSD FUNDED FINANCIAL ASSISTANCE 5.1 Describe agency process and procedures for notifying and advising all applicants of their rights, responsibilities, the agency grievance/problem solving procedures, including the provision to each client the approval/denial/appeal for services form provided by MCHSD. All participants receive the Rights and Responsibilities form during their first appointment. During individual appointments case workers discuss these rights in addition to providing a notice of eligibility/denial/appeal to the client. Any person seeking assistance from the Avondale Community Action Program who feels he/she has not been treated fairly may appeal any decision by filing a grievance through the appeal process. 5.2 Describe the agency application quality assurance review process and the staff position(s) responsible for application quality assurance review prior to submittal to MCHSD. There is one CAP staff member who is responsible for the quality review of applications. Each case is reviewed for potential errors before the application is submitted to Maricopa County Human Services Department. When an error is found, the application is returned to the staff member responsible for the error and the error is corrected. 5.3 Describe agency process and procedure for responding in a timely manner to MCHSD when notified to clarify and/or correct client application or data entry errors. Include staff position(s) responsible for responding to these requests. When a correction request is received from Maricopa County Human Services Department (MCHSD) staff, the Family Services Manager gives a copy to the staff member responsible for Quality Assurance. The QA worker will review the error and return it to the responsible case manager for correction. The correction will be made within 24 hours and returned to the QA worker for re-submission to MCHSD. The corrected information including any requested copies will be entered into the case file. The Family Services Manager will be responsible that this process is followed. Repeated errors will be addressed in staff meetings as a training opportunity. 5.4 Describe agency process and procedures for the appropriate security, completion and issuance of MCHSD Financial Assistance Vouchers. MCHSD Financial Assistance Vouchers shall be treated as currency and kept secure. The agency shall determine which staffs are authorized to sign completed vouchers, and provide MCHSD with the list of authorized staff, and update as needed. 1. The caseworkers determine eligibility, complete the application for assistance, enter the 39 Section V Attachments application into the HSD database, and have the client signs the application and the voucher. 2. The application is reviewed through the QA system and returned to the case workers for any necessary corrections. 3. Vouchers are signed by three specific CAP staff members. 4. Data is entered into the MCHSD database system. 5. Vouchers may be picked up by the landlord, may be hand delivered to the landlord, in some situations the client might be given the voucher to take to the landlord, or the voucher is faxed if the landlord is out of town. 6. The timeline for completing this process is five working days from the intake date. 7. Vouchers are stored in a locked cabinet. This cabinet is locked when the staff member is away from the office. 5.5 Describe agency procedures for making and documenting utility assistance guarantees consistent with the criteria below: 5.5.1 Crisis assistance is provided within 48 hours after a household applies, if the 5.5.2 household is eligible for such assistance; Once a household applies and is determined to be eligible a guarantee of assistance is completed within 48 hours by Avondale Community Action Program staff. The assigned case worker completes a quality review of the file and then completes the appropriate procedure for the guarantee. APS guarantees are completed online and SWG and SRP guarantees are completed via fax. 5.5.3 Crisis assistance is provided within 18 hours after a household applies, if a life-threatening situation exists and the household is determined eligible for such assistance. (If a utility vendor agrees to wait for payment or accepts a guarantee, this will address the criteria above. Documentation of arrangement or guarantee is required.) If a life threatening situation exists within a household, the Family Services Manager forwards the information to a Community Action Program case worker who will conduct a prescreening to determine if the client is eligible for services provided through either CAP or City of Avondale Crisis funds. If the client is not eligible, e.g. received assistance in past twelve months or does not have the necessary documentation, then the family is provided referrals to other agencies that may be able to provide assistance. 5.6 Describe agency process or procedure for the provision of energy conservation education to all applicants receiving utility assistance. Residents requesting utility assistance will be required to receive energy conservation education. This information is provided by the case workers and may be in the form of verbal or written information. 5.7 Describe agency process to ensure all clients receive energy education, and that at least 50% of clients receiving LIHEAP-funded utility assistance receive targeted energy-saving activities education, an Energy Savers Brochure, and is documented as required in the HSD Online Client Data System. All staff providing direct service are responsible for providing energy education to clients. The staff review and discuss the Energy Savers Brochure with each client. The EEO code 40 Section V Attachments is entered into the Maricopa County Human Services Department database. 6.0 INFORMATION & REFERRAL 6.1 Describe agency process or procedure for providing community information and referral to clients, facilitating or coordinating those referrals with agencies, and documenting, as appropriate and required, in the HSD Online Client Data System. Information and referrals are routinely given to residents/clients to make up the gap in services we are not able to offer. These referrals also supplement services we have provided. Referrals are documented in the HSD Online Client Data System 6.2 Describe agency process or procedure for the referral of individuals to the weatherization program and the repair/replacement of utility-related appliances program. During the applicant assessment the case workers inquiries about weatherization and appliance repair/replacement needs. If there are identified needs, a referral is made to MCHSD/CSD via a completed application. The application and required documents/information are sent to MCHSD/CSD who will determine application eligibility. 6.3 Describe agency process or procedure for the enrollment of eligible individuals in appropriate utility and telephone discount programs, such as the Telephone Assistance Program (TAP), Southwest Gas Discount Program (LIRA), APS E-3 Discount Program, SRP Economy Price Plan Discount and the Lifeline Telephone Assistance Program. Case workers are responsible for providing the discount applications to participants. Staff will assist participants with the completion and mailing of applications. These services are data entered into the MCHSD/CSD client database. 6.4 Describe agency process for assisting individuals with completion of forms for federal and state social service programs such as AHCCCS or SNAP (supplemental nutrition assistance program, formerly food stamps). When Community Action Program clients request assistance with completing federal or state social service program forms the Social Services Coordinators are available to assist them by scheduling an appointment for health insurance enrollment and SNAP eligibility screenings provided co-located at the Care1st Avondale Resource and Housing Center. Through the current contract, appointments are available in English and Spanish. This is particularly valuable for the clients we serve who have limited English skills. 7.0 GRIEVANCE PROCEDURE 7.1 The Respondent 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 Respondent’s work under this Award. The grievance procedure shall include provisions for notifying the applicants for, and recipients of, services of their eligibility or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied at the Respondent’s level. Please see description below: 41 Section V Attachments Grievance Procedure Any client seeking assistance or services through the City of Avondale’s Community Action Program(CAP) who feels that he or she has not been treated fairly may appeal any decision rendered by filing a grievance. In order to appeal a decision, the person shall submit in writing a complaint detailing the basis for the grievance. The complaint will be submitted to the Family Services Manager within ten (10) working days. Should the Family Services Manager fail to resolve the grievance, within ten (10) working days of the receipt of the grievance, the person may communicate the grievance in writing to the Neighborhood and Family Services Director within two (2) weeks. The Neighborhood and Family Services Director will respond within two (2) weeks. If the grievance is not resolved at this level the person may appeal to the City Manager within two (2) weeks. The City Manager will respond within two (2) weeks. If the grievance is not resolved at the local level it can be appealed to: Assistant Director Maricopa County Human Services Department Community Services Division 234 N. Central Avenue Suite 3000 Phoenix, AZ 85004 Fax: 602-506-4749 If you continue to feel your problem has not been resolved to your satisfaction you may present your written grievance to: Assistant Director The Arizona Department of Economic Security (DES) Division of Aging and Adult Services (DAAS) P.O. Box 6123 Site Code 086Z Phoenix, AZ 85005 Phone: 602-542-6600 Fax: 602-364-1756 (DES will respond within ten (10) business days) The Family Services Manager will review all client grievances for the purpose of continuous quality improvement. A record of client grievances shall be kept as part of the Avondale CAP quality improvement documentation. The CAP Program supervisor(s) will review as appropriate. The City of Avondale CAP office will maintain the files and records relating to grievances for a period of three years. Such documents will be maintained as confidential records. 8.0 PANDEMIC AWARD PERFORMANCE 8.1 The City of Avondale shall provide a written plan that illustrates how the staff will perform up to contractual standards in the event of a pandemic. A copy of the plan at any time prior or post award of a contract will be available at the Community Action Program site; the Care1st Avondale Resource Center. 42 Section V Attachments ATTACHMENT B - OPERATING BUDGET for SFY17 June 1, 2016 to Contract Operating Budget -County June 30, 2017 CONTRACTOR: City of Avondale Service: Crisis Case Management and Financial Assistance Services Revenue Sources County* 69,913 Total Revenues 69,913 Budget Categories Personnel / ERE 59,526 Professional and Outside Services 8,387 Materials and Supplies 2,000 Total Expenses 69,913 *Funding will be allocated internally on a monthly basis by Maricopa County Human Services Department/Financial Services. Based on fund availability, funds utilized may include, but are not limited to: SSBG, TANF, LIHEAP, County Funds and CSBG 43 Section V Attachments ATTACHMENT C- VOUCHER EXPENDITURE PLAN SFY17 Avondale Voucher Expenditure Plan Leveraged Funding LIHEAP $ Expended HH's Served % of Total Expended Rental /Utility Assistance* Source Amount Jul-16 $25,600 40 11.00% Jul-16 general fund 416 Aug-16 $25,600 40 11.00% Aug-16 general fund 416 Sep-16 $22,400 35 11.00% Sep-16 general fund 416 Oct-16 $19,200 30 8.00% Oct-16 general fund 416 Nov-16 $12,800 20 6.00% Nov-16 general fund 417 Dec-16 $12,800 20 6% Dec-16 general fund 417 Jan-17 $12,800 20 6% Jan-17 general fund 417 Feb-17 $12,800 20 6% Feb-17 general fund 417 Mar-17 $19,200 30 8% Mar-17 general fund 417 Apr-17 $19,200 30 8% Apr-17 general fund 417 May-17 $19,200 30 8% May-17 general fund 417 Jun-17 $25,534 40 11% Jun-17 general fund 417 TOTALS $227,134 355 100.00% TOTALS 5,000 STCS/ TANF $ Expended* HH's Served % of Total Expended Jul-16 $7,485 5 19% Aug-16 $4,491 3 17% Sep-16 $2,994 2 7% Oct-16 $2,994 2 7% Nov-16 $2,994 2 7% Dec-15 $2,994 2 7% Jan-17 $1,498 1 4% Feb-17 $1,499 1 4% Mar-17 $2,994 2 7% Apr-17 $2,994 2 7% May-17 $2,994 2 7% Jun-17 $2,994 2 7% TOTALS $38,925 26 100.00% * data reported for informational purposes only *STCS Rents/Mortgages ONLY 44 Section V Attachments ATTACHMENT D – FACILITY LOCATION CHART Contract Services shall be delivered only at the facilities and locations specified below and will be available during the hours of operation indicated. NAME OF FACILITY, ADDRESS, DAYS & HOURS DESCRIPTION OF THE PHONE AND FAX NO. WHERE CONTRACT SERVICE(S) SUB OF OPERATION COMMUNITY SERVICE AREA SERVICE(S) WILL BE PROVIDED Service Location(s)/Office(s) Avondale Community Center Monday – Friday 1007 S. Third Street Crisis Case Management and 8:00 a.m. to Central West Community Service Area as Avondale, AZ 85323 Financial Assistance Services N/A 5:00 p.m. by indicated in map Attachment E 623-333-2700 arrangement. 623-333-0270 Care1st Avondale Resource and Housing Monday-Friday Center 9:00 a.m. to 5:00pm 328 W. Western Ave. After 5p.m to 7p.m. Avondale, AZ 85323 and on Saturday’s by 623-333-2751 arrangement ----------------------------------------------------- Administrative Office Administrative Office Avondale Community Center 1007 S. Third Street Avondale, AZ 85323 623-333-2700 623-333-0270 (fax) The facility(s) listed above will not be open on those holidays marked below (darken box for applicable holiday): New Year’s Day Washington’s birthday Memorial Day Rosh Hashanah Veteran’s Day Martin Luther King JR’s President’s Day Independence Day Yom Kippur Thanksgiving Birthday Day Lincoln’s birthday Good Friday Labor Day Columbus Day Christmas Day OTHER HOLIDAYS: Day After Thanksgiving Floating Holiday – Day Before Christmas (specify) (specify) Cesar Chavez Birthday 45 Section V Attachments ATTACHMENT E – COMMUNITY SERVICE AREA CENTRAL WEST CSA 46 SECTION VI EXHIBIT Maricopa County Human Services Department 47 EXHIBIT 1 LIMITED ENGLISH PROFICIENCY 48