RESOURCE SHARING AGREEMENT WITH MAXIMUS.PDF

Resource Sharing Agreement
Between
Maricopa County
by and through its
Human Services Department
And
Maximus Human Services, Inc.
1. PARTIES
This Resource Sharing Agreement (hereinafter referred to as “Agreement”) is between the
Maximus Human Services, Inc., hereafter referred to as “Maximus”, and Maricopa County (by
and through its Human Services Department, Workforce Development Division –
Arizona@Work Maricopa County (collectively referred to hereafter as “County”). Maximus and
the County may be referred to individually as Party or collectively as Parties.
2. EFFECT
This agreement is entered into simultaneously with the License and Fee Agreement attached
hereto as Attachment A. In the event of a conflict between this Resource Sharing Agreement and
the License and Fee Agreement, the License and Fee Agreement shall control.
3. BACKGROUND
The County is a designated Local Workforce Development Area (LWDA), under the federal
Workforce Innovations and Opportunity Act (WIOA). As a LWDA, the County is responsible
for implementation of the provisions of Section 121(c) (1) of Title I of the Workforce
Innovations and Opportunity Act (WIOA). The County is also designated as the One-Stop
Operator. The County operates two comprehensive Arizona@Work Maricopa County One-Stop
Career Centers, the West Valley Career Center (WVCC) and the East Valley Career Center
(EVCC), hereinafter referred to as the “Centers”
The Centers provide employment-related services to job-seekers, youth and employers in
Maricopa County, in accordance with the Public Law No: 113-128 (07/22/2014). The Centers,
house several partner agencies, this helps to facilitate the integrated one-stop service delivery
system for Maricopa County residents.
As mandated in WIOA and Department of Labor implementing regulations 20 CFR 662.300,
One-Stop Operators must develop agreements with agencies that are co-located in the Centers
to address service delivery and cost sharing of the operation of the Centers.
4. PURPOSE
A. The purpose of this Agreement is to establish the terms for Maximus to share in the costs
associated in the operation of the Centers.
B. Each Party co-located in the Centers shall share operation costs of the Centers and shall
contribute to the operation costs in proportion to the work space utilized by such Party, and a
proportion amount of common space.
C. Maximus is co-located in the Centers.
D. The work space and common space within the Centers hereinafter referred to as “Allocated
Space”.
5. TERM OF AGREEMENT
A. The Agreement shall become effective on the date of the last signature unless otherwise
specified herein.
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B. The term of the Agreement is retroactive to July 1, 2015 and shall end on June 30, 2017,
unless otherwise agreed upon by both Parties in writing.
C. This Agreement may be extended for two (2) additional one (1) year terms through a written
amendment executed by the Parties.
D. Maximus shall provide written notification to County at least thirty (30) days prior to the
expiration of the Agreement of desire to renew the Agreement. The Agreement shall be
renewed upon mutual agreement by the Parties in writing. Any renewal of this Agreement
shall be on the same terms contained in this Agreement unless the Parties otherwise agree in
writing.
6. AMENDMENTS OR MODIFICATIONS
This Agreement may be amended or modified at any time by mutual agreement. No agent,
employee or other representative of either Party is empowered to alter any of the terms of the
Agreement, unless done in writing, formally approved by the Maricopa County Board of
Supervisors and signed by the authorized representative of the respective Parties.
7. FACILITIES DESCRIPTION
A. Maximus will be provided with Allocated Space within the Centers (“Premises”) to enable
Maximus to provide Maximus services. The Allocated Space is located at:
i. West Valley Career Center (WVCC)
1840 N. 95th Ave, Suite 160
Phoenix, Arizona 85307 and
ii. East Valley Career Center (EVCC)
735 N. Gilbert Road
Gilbert, Arizona 85234, and
B. Centers floor plans attached and referenced to as Exhibit 1 to Attachment A.
C. Maximus shall have access to the Centers during normal business hours
i. 7:30 AM to 5:00 PM Monday through Friday (excluding Holidays) See list of
Holidays in Exhibit 2 to Attachment A
D. The total space for the Centers are:
i. WVCC – 32,710 sq ft of which 15,809 sq ft is designated as Work Space and 16,901
sq ft is designated as Common Space.
ii. EVCC – 23,535 sq ft of which 14,960 sq ft is designated as Work Space and 8,575 sq
ft is designated as Common Space.
E. Work Space is defined as the areas where the Parties’ staff is located and conducts their
assigned responsibilities.
F. Common Space is defined as: reception area, waiting areas, conference rooms, hallways,
computer lab, printer areas, restrooms and breakrooms.
8. SHARED OPERATION COSTS
A. Parties co-located in the Centers shall share in the Operation costs in accordance to the
percentage of square footage allocated to the Parties.
B. Maximus’ allocated square footage is listed in Attachment A.
C. Base rent costs per square foot for each Center are identified in Exhibit 3 to Attachment A
9. SPACE ALLOCATION
A. Maximus’ WVCC Allocated Space is outlined in Exhibit 4 to Attachment A.
i. Maximus utilized 1,736 sq ft or 5.31% of total space July 1, 2015 to December 31,
2015:
839 sq ft of work space, and
897 sq ft of common space
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ii. In January 1, 2016 Maximus’ Allocated Space was reduced to 488 sq ft or 1.49% of
total space, due to staffing changes:
236 sq ft of work space, and
252 sq ft of common space
B. Maximus’ EVCC Allocated Space per program outlined in Exhibit 4 to Attachment A
i. Maximus utilizes 492 sq ft or 2.09% of total space:
313 sq ft of work space; and
179 sq ft of common space
10. EXCEPTION TO SPACE ALLOCATION COSTS IN THE WVCC
Maximus is an Arizona Department of Economic Security (ADES) contractor in the provision of
service delivery for the JOBS Program. ADES pays for the costs for space allocation attributed to
Maximus. Maximus shall not pay for the shared costs for space utilized in the WVCC.
11. INVOICE
A. The County shall invoice Maximus on a monthly basis, in arrears for base rent and for the
percentage of operation costs as they relate to the amount of square footage utilized by
Maximus.
B. Maximus shall pay for its proportionate amount of the operation costs as invoiced by the
County.
12. COUNTY AGREES TO:
A. Provide work areas with modular and/or office furniture.
B. Provide access and use of equipment located in the common areas (copiers, faxes, phones,
and computers).
C. Provide utilities, housekeeping, exterior & interior maintenance, janitorial services, and
security services.
D. Invoice Maximus on a monthly basis, for costs incurred during the prior month.
13. MAXIMUS AGREES TO:
A. Provide any office materials and supplies that shall be utilized only by Maximus’ staff.
B. Provide required printers and fax machines and necessary supplies utilized only by Maximus
staff use.
C. Provide written confirmation that Maximus’ staff assigned to work in the Centers have
obtained a state and federal criminal records check pursuant to section A.R.S. § 41-1750 and
Public Law 92-544, before being assigned to work in the Centers. Written confirmation shall be
provided to the Centers Regional Managers.
D. Provide written confirmation that Maximus’ staff assigned to work in the Centers have
obtained Fingerprint clearance cards, before being assigned to work in the Centers. Written
confirmation shall be provided to the Workforce Development Administrative Manager.
14. NOTICES
A. All notices to County regarding this Agreement will be sent to the following address:
Maricopa County Human Services Department
Workforce Development Division
Attention: Patricia Wallace, Assistant Director
234 N. Central, Suite 3000
Phoenix, AZ 85004
602-506-4146
WALLACEP001@mail.maricopa.gov
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B. Payments shall be addressed to:
Maricopa County Human Services Department
Workforce Development Division
Attention: Finance Unit
234 N. Central, Suite 3000
Phoenix, AZ 85004
C. All notices to Maximus regarding this Agreement will be sent to the following address:
Maximus Human Services, Inc. Copy to: MAXIMUS, Human Services, Inc.
Attention: Bonnie Thoi 1891 Metro Center Dr.
1140 E. Washington Street #203 Reston, VA 20190
Phoenix, AZ 85034
480.305.2900 Office Attention: Contracts
480.305.2897 Fax brianroberts@maximus.com
bonniethoi@maximus.com
15. SEPARATE OPERATIONS
The Parties to this Agreement agree to share operation expenses associated with the operation of
the Centers as set forth herein, thereby reducing their respective overhead and to coordinate their
job training and employment services to provide the public with the convenience of a One-Stop
Center for such services. Nothing in this Agreement shall be construed to establish an
employment, agency, partnership, joint venture or other relationship between the Parties. Neither
County nor Maximus shall be liable or responsible for the acts, errors or omissions of the other
Party. Neither County nor Maximus shall have authority to bind the other Party to any contract,
debt or liability. Neither County nor Maximus shall be liable for the separate debts, liabilities, or
obligations incurred by the other Party, except as otherwise provided in this Agreement.
16. COMMON AREAS
Maximus shall have the non-exclusive right to use the Common Areas affiliated with the Centers.
For purposes of this Agreement, “Common Area” means any access roads, parking areas,
sidewalks, entrances, passages, lobby and reception areas, common restrooms, stairways,
vestibules, public corridors and halls, and other such facilities associated with the Allocated
Space. County shall have the right from time to time to change, modify, increase or decrease the
Common Areas. County shall have the right from time to time to adopt reasonable rules and
regulations regarding the use, occupancy or privileges associated with the Common Area.
17. OBLIGATIONS REGARDING ALLOCATED SPACE
Maximus shall at all times use and occupy the Allocated Space solely for the purposes of Maximus’
program delivery. Maximus shall not use the Allocated Space for any other purpose without
County’s prior written consent. Maximus shall comply with all laws, rules, regulations and
procedures applicable to or affecting the Centers. Maximus shall not place, deposit, store, release,
maintain, or allow any hazardous substance, toxic material or pollutant as defined by applicable law
or regulations in the Centers.
18. ALTERATIONS
Maximus accepts the Premises “as is” without construction of any further improvements.
Maximus shall make no alterations or improvements to the Allocated Space without the prior
written consent from County, not to be unreasonably withheld. All alterations and improvements
to the Allocated Space shall comply with all applicable laws and regulations, and shall not lessen
the fair market value of the Centers. Any such alterations, additions or improvements (except
movable furniture and trade fixtures) shall at once become a part of the realty and belong to
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County, with County assuming responsibility for repair and maintenance. Maximus shall keep the
Premises free from any liens arising out of any work performed, materials furnished or
obligations incurred by Maximus (whether arising from alterations or otherwise). In the event that
Maximus shall not, within ten (10) business days following the imposition of any such lien, cause
the same to be released of record by payment or posting of a proper bond.
19. SIGNAGE
Any signage pertaining to the Allocated Space must first be approved by the County.
20. FURNISHINGS, EQUIPMENT, AND SUPPLIES
A. Maximus shall have shared or nonexclusive use of County owned office furnishing,
equipment and supplies located in the common areas.
B. Maximus purchased furnishings, equipment and supplies in Maximus’ Allocated Space shall
be utilized by Maximus staff only.
21. OWNERSHIP OF FURNISHINGS, EQUIPMENT AND SUPPLIES
The Parties acknowledge and agree that any furnishings and equipment shall remain the property
of the Party that purchased the items. Nothing in this Agreement shall entitle the other Party to
any ownership or property interest in such furnishings or equipment. Each Party shall separately
and solely own, and shall be separately and solely liable for the expense of, any new equipment
or furnishings acquired by that Party during the term of this Agreement.
22. EMPLOYEES
Each Party shall be responsible for the management and oversight of its own employees/staff.
23. SEPARATE EXPENSES
Notwithstanding anything in this Agreement to the contrary, County and Maximus shall not share
in any expenses that are solely and directly related to the other Party’s independent and separate
operations, including but not limited to the following: either Party’s employees’ wages and
benefits; advertising, marketing, and promotion; cell phones; accounting services; legal services
or costs; other professional services; judgments, sanctions, or penalties; and all other expenses
that are not covered by this Agreement or a separate written Agreement by the Parties.
24. COOPERATION
At all times, the Parties shall act in good faith and cooperate with each other in sharing the space,
furnishings, equipment, supplies and employee services so as to coordinate services as
appropriate and to not adversely affect the other Party’s operations. Neither Party shall act to
monopolize, take advantage of, or exclude the other from the shared items or services provided
under this Agreement, or utilize a disproportionate share of the items or services provided under
this Agreement to the detriment of the other Party. To the extent possible, each Party shall
allocate and schedule their use of the shared items and services provided under this Agreement so
as to avoid conflicts with the other Party.
25. USE AND PROTECTION OF PREMISES
The Parties shall at all times properly use and act in a manner so as to protect, maintain, and
preserve the Premises, furnishings, equipment and supplies in good order, and shall refrain from
any action that would damage such property or impair the other Party’s ability to use any such
property as contemplated by this Agreement. Each Party shall be responsible for replacing or
repairing, at their own cost and expense, any damage to such property caused by their own act,
error, or omission, or the act, error or omission of their employee, agent, client, invitee, guest, or
anyone acting under their supervision or control.
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26. TERMINATION
Pursuant to A.R.S. §38-511, either Party may cancel this Agreement without penalty or further
obligation within three years after execution of the contract, if any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on behalf of the requesting Party is
at any time while the Agreement or any extension of the Agreement is in effect, an employee or
agent of any other party to the Agreement in any capacity or consultant to any other party of the
Agreement with respect to the subject matter of the Agreement. Additionally, pursuant to A.R.S §
38-511 the County 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 County
from any other party to the contract arising as the result of the Agreement.
A. Either Party may terminate this Agreement at any time by giving the other Party at least thirty
(30) 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 in this Agreement.
B. This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
C. In the event of early termination for any reason, any funds advanced to either party shall be
returned to the advancing party within ten (10) business days after the date of the termination or
upon receipt of notice of termination of the License, whichever is earlier. Should Licensor
terminate this Agreement without cause, Licensor shall invoice Licensee only for the period of
time the Premises were actually utilized by Licensee prorated for each week.
D. Either party has the right to terminate this agreement upon twenty-four (24) hour notice when it
is reasonably deemed the health or welfare of the service recipients is endangered.
E. In the event of termination or suspension of the License by either party, such termination or
suspension shall not affect the obligation of both parties to indemnify each other and the State for
any claim by any third party against the State or the terminating party arising from the other
party’s performance of this License and for which the other party would otherwise be liable under
this License. To the extent such indemnification is excluded by A.R.S. §41-621, et seq. or an
obligation is unauthorized under A.R.S. §35-154, the provisions of this paragraph shall not apply
27. EXPENSES DUE UPON TERMINATION
Upon termination, Maximus shall immediately vacate the Allocated Space, and pay to the County
any expenses that are due under this Agreement pro-rated according to the time that Maximus
occupied the Premises.
28. NO GUARANTEES
County makes no representation, warranty, or guarantee concerning the quality, suitability, or
fitness for a particular purpose of the Premises or any furnishings, equipment or supplies
provided under this Agreement, and expressly disclaim any representation, warranty or guarantee
concerning such property.
29. COMPLIANCE
The Parties agree that in occupying and using the Premises, equipment, furnishing and supplies,
and in performing the services provided under this Agreement, the Parties and their employees or
agents shall at all times comply with applicable laws and regulations. The Parties intend that this
Agreement shall comply with all applicable laws and regulations, and shall be so construed. If
either Party determines in good faith that this Agreement violates any applicable law or
regulation, the Parties shall make a good faith attempt to modify the Agreement to comply with
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such laws and regulations. If such modification cannot be made, either Party may terminate this
Agreement immediately.
30. INDEMNIFICATION
A. To the fullest extent permitted by law, and to the extent that claims, damages, losses or
expenses are not covered and paid by insurance purchased by the Maximus, Maximus shall
defend indemnify and hold harmless the County (as Owner), its agents, representatives,
agents, officers, directors, officials, and employees from and against all claims, damages,
losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness
fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to
have resulted from the negligent acts, errors, omissions, or mistakes relating to the
performance of this Agreement.
B. Maximus’ duty to defend, indemnify, and hold harmless the County, its agents,
representatives, agents, officers, directors, officials, and employees shall arise in connection
with any claim, damage, loss, or expense that is attributable to bodily injury, sickness,
disease, death or injury to, impairment of, or destruction of tangible property, including loss
of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the
performance of this Contract, but only to the extent caused by the negligent acts or omissions
of Maximus, a subcontractor, any one directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage, loss, or
expense is caused in part by a party indemnified hereunder.
C. 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.
D. The scope of this indemnification does not extend to the sole negligence of County.
E. When services involve working with these groups of individuals, the insurance requirements
in the contract need to be revised to include coverage for "sexual molestation and physical
abuse".
F. Coverage for this type of claim, or allegation, is excluded from standard general liability
policies. Therefore, staff whose services include working with and/or caring for
children/elderly and disabled persons should have their policies specifically endorsed to
include this coverage.
G. Commercial General Liability – Occurrence Form
i. Policy shall include bodily injury, property damage and broad form contractual
liability coverage.
ii. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
iii. 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 Maximus".
31. INSURANCE
A. Maximus 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.
B. 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
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and formally accepted. Failure to do so may, at the sole discretion of County, constitute a
material breach of this Agreement.
C. Maximus’ insurance shall be primary insurance as respects County, and any insurance or self-
insurance maintained by County shall not contribute to it.
D. 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.
E. 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. Maximus shall be solely responsible
for the deductible and/or self-insured retention and County, at its option, may require
Maximus to secure payment of such deductibles or self-insured retentions by a surety bond or
an irrevocable and unconditional letter of credit.
F. 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 Maximus of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Maximus from, or be deemed a
waiver of County’s right to insist on strict fulfillment of Maximus’ obligations under this
Agreement.
G. 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.
H. 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 Maximus’ work or
service.
I. Maximus’ policies shall stipulate that the insurance afforded Maximus 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).
J. Coverage provided by the Maximus shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
K. Commercial General Liability:
i. 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.
L. Workers’ Compensation:
i. Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Maximus’ employees engaged in the performance of the
work or services under this Contract; 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.
ii. Maximus 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
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Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Maximus pursuant to this Contract.
M. Sexual Molestation And Physical Abuse:
i. When services involve working with these groups of individuals, the insurance
requirements in the contract 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, contractors whose services
include working with and/or caring for children/elderly and disabled persons should have
their policies specifically endorsed to include this coverage.
N. Commercial General Liability – Occurrence Form:
i. Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
ii. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
iii. 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 Maximus".
O. Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
Professional Insurance $2,000,000
P. Certificates of Insurance:
i. Upon Agreement execution, Maximus shall furnish the County with valid and complete
certificates of insurance or formal endorsements as required by the Agreement, issued by
Maximus’ 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 Contract number and title.
ii. Prior to commencing work or services under this Agreement, Maximus shall have
insurance in effect as required by the Agreement in the form provided by the County,
issued by Maximus’ 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 Maximus agrees to this requirement and failure to meet this
requirement will result in cancellation of agreement.
iii. In the event any insurance policy (ies) required by this contract is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and acceptance
of Maximus’ work or services and as evidenced by annual Certificates of Insurance.
iv. If a policy does expire during the life of the Contract, a renewal certificate must be sent to
County fifteen (15) days prior to the expiration date.
Q. Cancellation and Expiration Notice:
i. Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
R. If Maximus 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, Maximus shall carry minimum liability coverage of $2,000,000
each occurrence and provide the County with proof of coverage.
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32. COMPLIANCE WITH APPLICABLE LAWS
A. Maximus shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State, and Local governments whether or not
specifically referenced herein. Specifically, the following apply:
i. Unless exempt under Federal law, Maximus shall comply with Title VII of the Civil
Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State
Executive Order No. 75-5, as updated in State Executive Order No. 99-4, which
mandates that all persons, regardless of race, color, religion, sex, age, national origin, or
political affiliation, shall have equal access to employment opportunities. Maximus shall
comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination
in the employment of qualified persons because of physical or mental disability.
Maximus shall comply with the requirements of the Fair Labor Standards Act of 1938, as
amended.
ii. Maximus shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the
denial of benefits of, or participation in, contract services on the basis of race, color, or
national origin. Maximus shall comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of
disability, in delivering contract services; and with Title II of the Americans with
Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the
basis of physical or mental disabilities in the provision of contract programs, services,
and activities.
iii. Maximus shall not discriminate upon the basis of race, color, creed, religion, ancestry,
national origin, sex, gender, sexual orientation, gender identity, disability, age, marital
status or status with regard to the benefits of, or participation in, or use of the programs,
services, and activities.
33. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
Maximus certifies to the best of its knowledge and belief, that it and its directors, officers and
agents:
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 three-year period been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in the
paragraphs above; and
D. Have not within a three-year period had one or more public transactions (Federal, State, or
local) terminated for cause or default.
34. ARIZONA LAW: Maximus warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges that:
i. Its subcontractors, if any, warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-214,
subsection A;
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ii. A breach of a warranty under sections listed above, shall be deemed a material breach of
this Agreement that is subject to penalties up to and including termination of the
Agreement;
iii. The County retains the legal right to inspect the papers of Maximus’ employee who
works on this Agreement to ensure that the Parties are complying with the warranty
provided under subsections listed above and that the Parties agrees to make all papers and
employment records of said employee(s) available during normal working hours in order
to facilitate such an inspection;
35. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Arizona.
FOR MAXIMUS HUMAN FOR MARICOPA COUNTY
SERVICES, INC.
Procurement Manager Signature Chairman, Board of Supervisors
Typed Name Date
Title Attested to:
Date Fran McCarroll, Clerk of the Board Date
This Agreement has been reviewed by the
undersigned legal counsel for the County and has
determined that it is in proper form and within the
power and authority granted under the laws of the
State of Arizona.
By:
_________________________________________
Deputy County Attorney Date
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