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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Contract No: e_l__Z-15-_-613:111,20
Contract Start Date: 711 /2013
Contract Termination Date: 6/30/2016
This Non-Financial agreement is entered into by and between Regional Public Transportation Authority
(RPTA) (hereinafter referred to as the "Contractor"), and Maricopa County (hereinafter referred to as the
"County"), administered by its Human Services Department (hereinafter referred to as the "Department").
The Contractor, County and Department are collectively referred to herein as the "Parties" and
individually as a "Party."
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 H Special Provisions
Section III Work Statement
Contact Representative: Stephen R. Banta, Chief Executive Officer
Address: 101 North First Avenue, Suite 1300
Phoenix AZ 85003
Phone: 602-262-7433
E-Mail: sbanta@valleymetro.org
Contact Representative: Russell Luder, Administrative Services Assistant Director
Address: 234 North Central Avenue, 3"d Floor
Phoenix, Arizona 85004
Phone: 602-506-4815
E-Mail: rluder@mail.maricopa.gov
Notice under this agreement shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective
three (3) days after being mailed unless otherwise indicated in the notice.
This agreement contains all the terms and conditions agreed to by the Parties. No other understanding,
oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any
Party hereto. Nothing in this agreement shall be construed as consent to any lawsuit or waiver of any
defense in a lawsuit brought against the State of Arizona, County, or the Contractor in any State or federal
court.
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IN WITNESS THEREOF, the Parties have signed this agreement:
APPROVED BY: APPROVED BY:
CONTRACTOR MARICOPA COUNTY
Stephen, B 413eKunasek
Chief Executive Of Chairman, Board of Supervisors
Date: Date: JUL 29 2013
Attes d To:
Fran MeCarroll, Clerk of the Bo n
IN ACCORDANCE WITH A.R.S.§§ 11-951, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY(S) WHO HAVE 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:
BY: /jJ, I 411
A/rne 4 grir e Co br Maricopa County Deputy County Attorney
Date: Date:
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SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
Page 3 of 29
Section I GENERAL PROVISIONS
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General
Provisions are in conflict, the Work Statement shall control. To the extent that the Compensation
Provisions are in conflict with the General Provisions, Special Provisions or Work Statement, the
Compensation Provisions shall control. Nothing herein shall operate to increase the Operating
Budget without a written amendment thereto.
B. DEFINITIONS
As used throughout this agreement, the following terms shall have the following meanings:
I Agreement means this Contract for Services Agreement between Maricopa County,
administered by its Human Services Department, and the Contractor.
2. Assistant Director means the Director of the Workforce Development Division within the
Human Services Department.
3. Board of Supervisors means the Maricopa County Board of Supervisors.
4. Contract Administrator means the person administering this agreement on behalf of the
Department.
5. Contractor means the person, firm or organization listed on the Cover Page of this
agreement.
6. Contract Specialist means the liaison between the Department and the Contractor that is
responsible for contract monitoring and technical assistance.
7. County means Maricopa County, a political subdivision of the State of Arizona.
8. Department means the Maricopa County Human Services Department.
9. Director means the Director of the Maricopa County Human Services Department.
10. Division means a section of the Human Services Department.
11. Fidelity Bond means a bond to indemnify the Contractor against losses resulting from
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other
persons holding a position of trust.
12. Payment Bond means a bond executed to assure payment as required by law of all persons
performing work or providing materials in the execution of work provided in this
agreement.
13. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's
obligations under this agreement.
14. Program Manager means the Assistant Director of the Workforce Development Division.
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Section I GENERAL PROVISIONS
15. Provider means any Contractor and/or Subcontractor providing services required by this
agreement.
16. Public Agency has the meaning prescribed by A.R.S. § 11-951.
17. Subcontract means any contract entered into by a Contractor with a third party for
performance of any of the work or provision of any of the services covered by this
agreement.
18. Subcontractor means an entity funded through the Contractor to provide services required
by the Work Statement. A subcontract must be approved in writing by the Contract
Administrator
19. Sub recipient means the Contractor when the County is the recipient of grant funds.
20. Work Statement means Section 111 of this agreement that describes the services to be
delivered under this agreement.
C. 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. The 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
worker's compensation.
3. The Contractor is an independent Contractor in the performance of work and the provision
of services under this agreement and Contractor shall not to be considered an officer,
employee 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 one of its directors, officers, owners,
trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has
made full written disclosure of the proposed payments to the Department 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.
D. AMENDMENTS
All amendments to this agreement shall be in writing and signed by authorized signer for both
Parties.
Page 5 of 29
Section I GENERAL PROVISIONS
E. ASSIGNMENT AND 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 Contract Administrator.
Contractor shall bear all liability under this agreement, even if it is assigned, delegated, or
subcontracted, in whole or in part, unless the Department agrees otherwise.
F. 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 Department for disbursement. The Director shall be the sole
authority in determining the availability of funds under this agreement and the Department
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 Department shall give written notice of the
effective date of any suspension, amendment, or termination under this section at least ten
(10) calendar days in advance.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments must be submitted ninety (90) days prior to the
expiration of this agreement. Requests for adjustments to this agreement must 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.
H. DISPUTES
1. Except as may otherwise be provided for in this agreement, any dispute arising out of this
agreement that is not resolved between the Parties within a reasonable period of time,
which shall not exceed one hundred twenty (120) days, shall be submitted in accordance
with the following dispute resolution process.
2. Notice of the specific grounds of a dispute shall be in writing and filed with the Contract
Administrator, if one has been appointed, or, if not, with the Chief Procurement Officer
within ten (10) working days from the date Contractor knew or should have known of the
basis of the dispute. The Contract Administrator or Chief Procurement Officer, as
applicable, shall respond in writing to Contractor within fourteen (14) working days. The
decision of the Contract Administrator or Chief Procurement Officer shall be final and
conclusive unless, within seven (7) working days from the date Contractor is served with
the decision, Contractor files a written notice of appeal with the Chief Procurement Officer
of the County, who shall provide Contractor with a written response within fourteen (14)
working days following receipt of Contractor's notice of appeal. The decision of the Chief
Procurement Officer shall be final and not appealable.
Page 6 of 29
Section I GENERAL PROVISIONS
3. Pending a final decision of the Chief Procurement Officer, the Contractor shall proceed
diligently with its performance of this agreement in accordance with the Contract
Administrator or Chief Procurement Officer's decision.
I. DEFAULT
This agreement may be immediately terminated by the County if Contractor fails to perform any
objective or breaches any obligation under this agreement, or any event occurs that jeopardizes
Contractor's ability to perform any of its obligations under this agreement. The County reserves the
right to have service provided by persons other than Contractor if Contractor is unable or fails to
provide required services with the specified time frame.
J. TERMINATION
1. This agreement is subject to cancellation by the County in accordance with the provisions
of A.R.S. § 38-511.
2. Either Party may terminate this agreement at any time by giving the other Party at least
sixty (60) calendar days prior notice in writing (unless terminated by the Board of
Supervisors under the Availability of Funds provision). The notice shall be given by
personal delivery or by registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth on the Cover Page of this agreement.
3. This agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.
4. The County has the right to terminate this agreement upon twenty-four (24) hour notice
when the County determines that the health or welfare of the service recipients are
endangered or the Contractor's non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, this agreement shall terminate
upon the expiration of the term of this agreement stated on the Cover Page of this
agreement.
K. 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.
L. STRICT COMPLIANCE
The Department'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.
M. 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
Page 7 of 29
Section I GENERAL PROVISIONS
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.
N. RECIPROCAL INDEMNIFICATION
Each Party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"Indemnitee") from and against all claims, losses, liability, costs, or expenses (including reasonable
attorneys' fees, expert witnesses' fees and other litigation costs) (hereinafter collectively referred to
as "Claims") arising out of bodily injury (including death) of any person or property damage, but
only to the extent that such claims, which result in vicarious 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.
0. TECHNICAL ASSISTANCE
The Department shall provide reasonable technical assistance to Contractor to assist Contractor in
complying with State and federal laws, regulations, and accountability for diligent performance and
compliance with the terms of this agreement and all applicable laws, regulations and standards.
However, this assistance shall not relieve Contractor of full liability, responsibility and
accountability for its actions and performance to comply with the terms of this agreement.
P. SINGLE AUDIT ACT REQUIREMENTS
Contractors in receipt of federal funds through the Department 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, el seq.). Contractor shall comply with OMB Circular A-133. Upon completion,
such audits shall be made available for public inspection. Audits shall be submitted 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 Department shall consider sanctions
as described in OMB Circular A-133 if Contractor does not comply with the audit requirements.
Q. AUDIT DISALLOWANCES
1. Contractor shall, upon written notice thereof, reimburse the County for any payments made
under this agreement that are disallowed by a federal, State, or County audit in the amount
of the disallowance, as well as all court costs and attorney's fees the County spends to
pursue legal action relating to a disallowance. Court costs and attorney's fees incurred shall
be specifically identified as applicable to the recovery of the disallowed costs in question.
2. If the County determines that a cost for which payment has been made is a disallowed cost,
the Department shall notify the Contractor in writing of the disallowance and the required
course of action, which shall be at the option of the Department to either adjust any future
claim submitted by Contractor by the amount of the disallowance or to require immediate
repayment of the disallowed amount by the Contractor issuing a check payable to the
County.
R. STAFF AND VOLUNTEER TRAINING
The Department may make available to Contractor the opportunity to participate in any applicable
training activities conducted by the Department.
Page 8 of 29
Section 1 GENERAL PROVISIONS
S. CLEAN AIR ACT
If the total face value of this agreement exceeds $100,000, Contractor shall comply with all
regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42
U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance under this
agreement.
T. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of Contractor
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with any federal contract, grant, loan or cooperative agreement, 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.
U. 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.
V. 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.
W. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or entity has been employed or retained to solicit or secure
this agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the County may immediately terminate this
agreement without liability.
X. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by Contractor of any information concerning an applicant for, or recipient of,
services under this agreement is directly limited to the conduct of this agreement. Contractor and its
agents shall safeguard the confidentiality of this information, just as Contractor would safeguard its
own confidential information. Contractor shall include a clause to this effect in all Subcontracts
related to this agreement.
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Section I GENERAL PROVISIONS
Y. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to
the other Party, upon request, any available information that is relevant to this agreement and to the
performance hereunder.
Z. 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.
AA. 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 Department 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.
BB. CONTRACT COMPLIANCE MONITORING
The Department 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 Department and/or its
grantor agencies at any time during Contractor's normal business hours, announced or
unannounced. During an on-site visit, Contractor shall make all of its records and accounts related
to work performed and services provided under this agreement available to the Department for
inspection and copying.
CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. Contractor shall, during the term of this agreement, immediately inform the Contract
Administrator in writing of the award of any other agreement or grant, including any other
agreement or grant awarded by the County, where the award may affect either the direct or
indirect costs being paid or reimbursed under this agreement. Contractor's failure to notify
the Department of any such agreement shall be a breach of this agreement and the County
may immediately terminate this agreement without liability.
2. The Contract Administrator may request, and Contractor shall provide within a reasonable
time, which shall not exceed ten (10) working days, a copy of all such other agreements or
grants, when, in the opinion of the Contract Administrator, the award of the agreement or
grant may affect the costs being paid or reimbursed under this agreement.
3. If the Contract Administrator determines that the award to Contractor of such other
agreement or grant has affected the costs being paid or reimbursed under this agreement,
the Contract Administrator shall prepare an amendment to this agreement effecting a cost
adjustment. If the Contractor disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" section of this agreement.
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Section 1 GENERAL PROVISIONS
DD. MINIMUM WAGE REQUIREMENTS
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.).
EE. RECOGNITION OF DEPARTMENT SUPPORT
Contractor shall give recognition to the Department, 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.
FF. INSURANCE
Contractor shall have in effect at all times during the term of this agreement insurance that is
adequate to protect the County, its officers and employees, participants, and equipment funded
under this agreement against the losses set forth below. Contractor shall name the County as an
additional insured party. Contractor shall provide the Department with documentation of insurance
coverage by furnishing the Contract Administrator a certificate of insurance or a certified copy of
the insurance policy or other documentation that is required by the Contract Administrator.
1. The following types and amounts of insurance are required as minimum:
a. Workers' Compensation according to statutory limits.
b. Unemployment Insurance as required by Arizona Law.
c. Public Liability, Bodily Injury, and Property Damage;
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
d. Automobile and Truck Liability, Bodily Injury, and Property Damages:
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
e. Standard minimum deductible amounts are allowable. Any deductible amounts are
the responsibility of the Contractor and reimbursement, if any, under this
agreement are subject to regulatory provisions of the funding source(s) of this
agreement.
f. Property or equipment purchased or furnished through funds provided under this
agreement shall be fully insured for the purchase or replacement cost of such
property or equipment.
2. 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
$1,000,000 each occurrence and provide the Department with proof of coverage.
GG. BONDING
1. Contractor shall not receive any initial reimbursements under this agreement in an amount
greater than the Contractor's bonding limit. Contractor shall provide the Contract
Administrator with documentation of required bonding.
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Section I GENERAL PROVISIONS
2. Contractor shall have fidelity bonding of not less than the maximum amount of cash on
hand or an amount equal to the initial reimbursement, whichever is greater.
3. Bonding requirements shall prevail throughout the term of this agreement.
HH. 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 Department if the grievance is not satisfied by Contractor.
II. NONDISCRIMINATION
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. Contractor shall include this clause in all of its
Subcontracts related to this agreement.
H. EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall not discriminate against any employee or applicant for employment because of
race, age, disability, color, religion, sex or national origin. 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 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. 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 Arizona Executive Order 2009-09,
which mandates that all persons shall have equal access to employment opportunities.
MC. 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.
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Section 1 GENERAL PROVISIONS
LL. 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 Department, federal and State auditors, and any other
persons duly authorized by the Department shall have full access to and the right to
examine, copy and make use of any and all of the records.
MM. 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.
NN. COMPETITIVE BID REQUIREMENTS
1. Equipment
If this agreement is with other than a Public Agency, Contractor shall obtain all equipment
to be utilized under this agreement and purchased with funds provided under this agreement
at the lowest practical cost pursuant to the following competitive bidding system:
a. Procurements in excess of $300, but less than $1,000, require oral price quotations
from two (2) or more vendors. Contractor shall keep and maintain a record of the
vendors' verbal quotations. Contractor's award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications,
and other purchasing factors.
b. Procurements exceeding an aggregate amount of $1,000 shall be approved by the
Contract Administrator. At least three (3) bidders shall be solicited to submit
written quotations. Contractor shall solicit written quotations by issuing a Request
for Quotation to at least three (3) vendors. The award shall be made to the lowest
bidder meeting specification requirements concerning price, conformity to
specifications, and other purchasing factors.
2. Supplies
If this agreement is with other than a Public Agency, Contractor shall obtain all supplies to
be utilized under this agreement and purchased with funds provided under this agreement at
the lowest practical cost and pursuant to a system of written quotes whenever the price is
expected to be greater than $300, unless the Contractor obtains the Contract
Administrator's prior written approval to purchase supplies by an alternate method.
3. Minority, Women and Small Business Enterprises
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.
4. If Contractor is a Public Agency, Contractor's own bidding procedures shall govern.
Page 13 of 29
Section I GENERAL PROVISIONS
5. Funding source requirements relating to competitive bid procedures may supersede any or
all subparts of this clause and will be specified in the Special Provisions Section of this
agreement.
00. PROPERTY
Any property furnished or purchased pursuant to the terms of this agreement shall be utilized,
maintained, repaired, and accounted for in accordance with instructions furnished by the
Department, and title to all such property shall revert to the County upon the expiration or
termination of this agreement, unless the Contract Administrator determines otherwise. The costs to
repair such property are the responsibility of Contractor within the limits budgeted herein. Repair
costs beyond the budgeted amount shall be approved by the Contract Administrator.
PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE
Contractor understands and acknowledges that the Immigration Reform and Control Act of 1986
(Pub. L. No.99-603) ("IRCA") applies to this agreement. Contractor shall comply with the IRCA in
performing under this agreement and shall grant the County access to inspect its personnel records
to verify such compliance.
QQ. 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.
RR. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
Contractor shall use the Arizona Taxonomy of Human Services for reporting and contracting
purposes.
SS. EMPLOYMENT DISCLAIMER
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.
The Parties agree 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.
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Section I GENERAL PROVISIONS
TT. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing this agreement, represents that he/she has the authority to bind
Contractor to the terms of this Certification. Contractor, as the primary participant in accordance
with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a 3-year period preceding the 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;
3. 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;
4. 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;
5. Shall immediately notify the Department if, at any time during the term of this agreement,
it is debarred, suspended, declared ineligible, or voluntarily excluded from participation.
The Department may pursue available remedies in the event of such occurrence, including
immediate termination of this agreement without liability; and
6. Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded from
participation. The Department may pursue available remedies in the event of such
occurrence, including immediate termination of this agreement without liability.
Contractor shall include, without modification, the language of this Certification, in all agreements
with all sub-recipients and other subcontractors; in all lower tier covered transactions, and in all
solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
Should the Contractor is not able to provide this Certification, an explanation as to why shall be
immediately provided to the Department, at the address set forth on the Cover Page of this
agreement.
UU. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES
§ 23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this agreement, Contractor represents and warrants that it is in compliance with the
Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) and all other federal and State
immigration laws and regulations related to the immigration status of its employees. Contractor
shall obtain statements from its Subcontractors certifying such compliance and shall furnish the
statements to the Department upon request. These representations and warranties shall remain in
Page 15 of 29
Section I GENERAL PROVISIONS
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 (Pub. L. No. 99-603), for all employees performing
work under this agreement. 1-9 forms are available for download at USCIS.GOV .
Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and
further represents:
1. That Contractor and 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;
2. That breach of the warranty under subparagraph 1 above shall be deemed a material breach
of this agreement and the County may immediately terminate this agreement without
liability; and
3. That the County and any contracting government entity retains the legal right to inspect the
papers and employment records of any Contractor or Subcontractor employee who works
under this agreement to ensure that the Contractor and its Subcontractor are complying with
the warranty provided under subsection 1 above, and that Contractor agrees to make all
papers and employment records of said employee(s) available to the County during normal
working hours in order to facilitate such an inspection.
VV. CONTRACTOR COMPLIANCE WITH A.R.S. §§ 35-391.06 AND 35-393.06
(SCRUTINIZED BUSINESS RELATIONS WITH SUDAN AND IRAN):
By entering into this agreement, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. Contractor shall obtain statements from its Subcontractors certifying
compliance and shall furnish the statements to the County upon request. These certifications shall
remain in effect through the term of this agreement.
The County may request verification of compliance from any Contractor or Subcontractor
performing work under this agreement. If the County suspects or determines that the Contractor or
any of its Subcontractors are not in compliance, the County may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, immediate termination of this
agreement for default, and the suspension and/or debarment of Contractor. All costs necessary to
verify compliance are the responsibility of Contractor.
Page 16 of 29
SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
Section II SPECIAL PROVISIONS
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
conflict, Provisions shall control. To the extent that the Work Statement and the Special Provision are in
conflict the Work Statement shall control. To the extent that the Compensation Provisions are in
Compensation with the General Provisions, Special Provisions or Work Statement then the
amount without Provisions an Amendment. shall control. Nothing herein shall operate to increase the funding
B. GENERAL PROVISIONS
Delete the following paragraphs from Section I, General Provisions
GG. BONDING
IL EQUAL EMPLOYMENT OPPORTUNITY
KK. FINANCIAL MANAGEMENT
00. PROPERTY
C. STANDARDS
Statement The Contractor shall perform the work and provide the services as identified in the Work
unable to, or and anticipates shall immediately notify the Contract Administrator whenever the Contractor is
required by the terms of this an inability to, perform any of the work or provide any of the services
agreement.
D. RENEWAL
the This Agreement may be extended by a written amendment at the concurrence of both Parties. After
final extension period, the Parties can enter into a new Agreement, if desired.
E. AMENDMENTS
No part of this agreement shall be waived or altered except by a formal written amendment
by both parties. The Contractor shall notify the Department of any changes that significantly signed
either programmatic or financial provisions of this agreement as set forth in the Work Statement. affect
The Department Director may, at any time, by written order, make changes within the
general scope of this agreement in any one of more of the following areas:
a. Work Statement activities reflecting changes in funding source or Department
regulations, policies and requirements.
b. Reallocation of budget line item amounts in accordance with funding sources or
Department item regulations, policies, and requirements, or whenever any budget line
increases or decreases by a factor of 10% during the term of this agreement.
Such Change Orders may be issued quarterly for changes incurred during this
period.
c. Administrative requirements such as reporting format quality, and/or quantity, as
required by the funding source or Department regulatory requirements.
Page 18 of 29
Section 11 SPECIAL PROVISIONS
2. Such Change Orders will not serve to increase or decrease the Operating Budget total
without written approval of both parties. Additionally, such order will not direct
substantive changes in services to be rendered by the Contractor without the written
agreement of both Parties.
3. Any dispute or disagreement caused by such written order shall constitute a "dispute"
within the meaning of the Dispute Clause of this agreement and shall be administered
accordingly.
F. NOTICES
1. All notices to RPTA regarding this agreement shall be sent to the following address:
Steven R. Banta, Executive Director
101 North First Avenue, Suite 1300
Phoenix AZ 85003
602-262-7433
Email: sbanta@valleymetro.org
2. All notices to the Department regarding this agreement shall be sent to the following address:
Maricopa County Human Services Department
ATTN: Russell Luder, Administrative Services Assistant Director
243 N. Central Ave, 3rd Floor
Phoenix, AZ 85004
602-506-4815
rluder@mail.maricopa.gov
G. CONFIDENTIALITY
Contractor shall maintain the confidentiality of any information regarding participants or their
immediate families which may be obtained through employee forms, interviews, tests, reports from
public agencies, counselors, or any other sources. With permission of the participant, such
information shall be divulged only to persons having responsibilities under this contract, including
those furnishing services to the project on subcontracts.
H. MONITORING FISCAL St PROGRAM
The Contractor shall make available for inspection and/or copying by the Department's monitors, all
records and accounts relating to the work performed or the services provided under this agreement,
or for similar work and/or service provided under other agreements.
If the Department determines need to perform fiscal monitoring of Contractor's records, the
Department has adopted the Financial and Administrative Monitoring Tool established by the
AGA and OMB as the guideline for fiscal monitoring. The Department and/or designated
representative shall be entitled to evaluate contract services and fiscal records and reports in
relation to this agreement. Evaluation will assess the quality and impact of contracted services,
either in isolation or in comparison with other similar services, and will assess the Contractor's
progress and success in achieving the goals set forth in this agreement.
At the request of the Contractor any evaluation reports prepared by the Department, will be made
available to the Contractor.
I. NONDISCRIMINATION IN FEDERAL PUBLIC TRANSPORTATION PROGRAMS
Page 19 of 29
Section H SPECIAL PROVISIONS
The Contractor agrees to comply, and assures the compliance of each subrecipient, lessee, third
party contractor, or other participant at any tier of the agreement, with the provisions of 49 U.S.C.
§ 5332, which prohibit discrimination on the basis of race, color, creed, national origin, sex, or
age, and prohibits discrimination in employment or business opportunity.
J. NONDISCRIMINATION — TITLE VI OF THE CIVIL RIGHTS ACT
The Contractor agrees to comply, and assures the compliance of each subrecipient, lessee, third
party contractor, or other participant at any tier of the agreement, with all provisions prohibiting
discrimination 1964, on the basis of race, color, or national origin of Title VI of the Civil Rights Act of
as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations,
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation —
Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. Except to the extent FTA
most determines otherwise in writing, the Contractor agrees to follow all applicable provisions of the
recent edition of FTA Circular 4702.1A, "Title VI and Title VI-Dependent Guidelines for
Federal be issued. Transit Administration Contractors," and any other applicable Federal directives that may
K. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor agrees to comply, and assures the compliance of each subrecipient, lessee, third
party contractor, or other participant at any tier of the Project, with all equal employment
as opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964,
amended, 42 U.S.C. § 2000e et seq., and implementing Federal regulations and any later
amendments thereto. Except to the extent FTA determines otherwise in writing, the Contractor
also agrees to follow all applicable Federal EEO directives that may be issued. Accordingly:
1. General. The Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, sex, disability, age, or national
origin. The Contractor agrees to take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
color, religion, sex, disability, age, or national origin. Such action shall include, but not
be limited to, employment, upgrading, demotions or transfers, recruitment or recruitment
advertising, layoffs or terminations; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
2. E _qp_ ual Em mem Opportunity iireinents for Construction Activities. For activities
determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the
Contractor agrees to comply and assures the compliance of each subrecipient, lessee,
third party contractor, or other participant, at any tier of the Project, with all requirements
of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.; with
implementing Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order No. 11246
Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note, and with other
applicable EEO laws and regulations, and also agrees to follow applicable Federal
directives, except as the Federal Government determines otherwise in writing.
L. DISADVANTAGED BUSINESS ENTERPRISE
Page 20 of 29
Section II
SPECIAL PROVISIONS
To the extent authorized by Federal law, the Contractor agrees to
lessee, Disadvantaged third party Business Enterprises (DBEs) in the agreement and assures facilitate that each participation by
participation by DBEs contractor, in the Project or other participant at any tier of the agreement will subrecipient, facilitate
to the extent applicable as follows:
1. The Contractor agrees and assures that it shall comply with
SAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, section 1101(b) of
Assistance Disadvantaged Business Enterprises in Department of Transportation "Participation by
Programs," 49 C.F.R. Part 26. Financial
2. sex, The Contractor or national agrees and assures that it shall not discriminate on the basis of race, color,
party contract, or origin other in the award and performance of any subagreement, lease, third
DOT in the administration arrangement of its DBE supported program with Federal assistance derived from U.S.
49 C.F.R. Part 26. The Contractor agrees to take and all shall comply with the requirements of
forth in 49 C.F.R. Part 26 to ensure nondiscrimination necessary and reasonable steps as set
all subagreements, leases, third party contracts, and in the award and administration of
Federal assistance derived from U.S. DOT. As required other arrangements supported with
Contractor's DBE program approved by U.S. DOT, if any, is by 49 C.F.R. Part 26, the
and made part of the Grant Agreement or Cooperative incorporated by reference
Contractor agrees that it has a legal obligation to implement Agreement for the Project. The
and that its failure to carry out that DBE program shall be its approved DBE program,
Grant Agreement or Cooperative Agreement for the Project treated as a violation of the
Upon notification by U.S. DOT to the Contractor of the Contractor's and this Master Agreement.
its approved DBE program, U.S. DOT may impose the sanctions failure to implement
Part 26 and may, in appropriate cases, refer the matter as set forth in 49 C.F.R.
authorities for enforcement under 18 U.S.C. § 1001, or to the the appropriate Federal
Remedies Act, 31 U.S.C. §§ 3801 et seq., or both. Program Fraud Civil
M. NONDISCRIMINATION ON THE BASIS OF SEX
Amendments The Contractor of agrees 1972, as to comply with all applicable requirements of Title IX of the Education
regulations, "Nondiscrimination amended, 20 U.S.C. §§ 1681 et seq., and with implementing U.S. DOT
Receiving Federal Financial on the Basis of Sex in Education Programs or Activities
basis of sex. Assistance," 49 C.F.R. Part 25, that prohibit discrimination on the
N. NONDISCRIMINATION ON THE BASIS OF AGE
The Contractor agrees to comply with all applicable requirements of:
1. The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101
implementing U.S. Health and Human Services regulations, et seq., and with
Basis of Age in Programs or Activities Receiving Federal "Nondiscrimination on the
C.F.R. Part 90, which prohibit discrimination against Financial Assistance," 45
the administration of programs or activities receiving individuals on the basis of age in
Federal financial assistance.
2. with The Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through
implementing U.S. Equal Employment Opportunity Commission 634 and
prohibits regulations, "Age Discrimination in Employment Act," 29 C.F.R. Part (U.S. 1625, EEOC) which
discrimination against individuals on the basis of age.
Page 21 of 29
Section II SPECIAL PROVISIONS
0. PROPERTY
Any property furnished or purchased pursuant to the terms of this agreement shall be utilized,
maintained, repaired, and accounted for in accordance with instructions furnished by the
Department, and title to all such property shall revert upon the expiration or termination of this
agreement to the entity holding title thereto. The costs to repair such property are the responsibility
of Contractor within the limits budgeted herein. Repair costs beyond the budgeted amount shall be
approved by the Contract Administrator.
P. ACCESS FOR INDIVIDUALS WITH DISABILITIES
The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that
elderly individuals and individuals with disabilities have the same right as other individuals to use
public transportation services and facilities, and that special efforts shall be made in planning and
designing those services and facilities to implement transportation accessibility rights for elderly
individuals and individuals with disabilities. The Contractor also agrees to comply with all
applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, which prohibits discrimination on the basis of disability in the administration of programs or
activities receiving Federal financial assistance; with the Americans with Disabilities Act of 1990
(ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and
services be made available to individuals with disabilities; with the Architectural Barriers Act of
1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public
accommodations be accessible to individuals with disabilities; and with other laws and
amendments thereto pertaining to access for individuals with disabilities that may be applicable.
In addition, the Contractor agrees to comply with applicable implementing Federal regulations
and any later amendments thereto, and agrees to follow applicable Federal implementing
directives, except to the extent FTA approves otherwise in writing. Among those regulations and
directives are:
I. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities
(ADA)," 49 C.F.R. Part 37;
2. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
3. Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.
ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
4. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;
5. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
6. U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101-19;
7. U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630;
Page 22 of 29
Section II SPECIAL PROVISIONS
8. U.S. Federal Communications Commission regulations,
Services and Related Customer Premises Equipment for "Telecommunications the Hearing and Speech Relay
Disabled," 47 C.F.R. Part 64, Subpart F;
9. U.S. ATE3CB regulations, "Electronic and Information Technology
Standards," 36 C.F.R. Part 1194; Accessibility
10. FTA 609; and regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part
11. Federal civil rights and nondiscrimination directives implementing
laws and regulations, except to the extent the Federal Government the foregoing Federal
in writing. determines otherwise
Q. DRUG OR ALCOHOL ABUSE-CONFIDENTIALITY
PROTECTIONS AND OTHER CIVIL RIGHTS
To the extent applicable, the Contractor agrees to comply with the confidentiality
protections of the Drug Abuse Office and Treatment Act of 1972, as amended, and civil rights
et seq., the Comprehensive Alcohol Abuse and Alcoholism 21 U.S.C. §§ 1101
Act Rehabilitation of 1912, Act of 1970, as amended, 42 U.S.C. §§ 4541 et seg., Prevention, and the Public Treatment Health and
as amended, 42 U.S.C. §§ 290dd through 290dd-2, and any amendments Service
thereto.
R. ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH
PROFICIENCY
"Improving The Contractor agrees to facilitate compliance with the policies of Executive Order No. 13166,
2000d-1 note, Access and follow to Services for Persons with Limited English Proficiency," 42 U.S.C. §
Concerning Contractors' Responsibilities applicable provisions of U.S. DOT Notice, "DOT Policy Guidance
Reg. 74087, December 14, 2005, except to to the Limited extent English that Proficiency (LEP) Persons," 70 Fed.
FTA determines otherwise in writing.
S. ENVIRONMENTAL JUSTICE
"Federal The Contractor Actions agrees to to facilitate compliance with the policies of Executive Order No. 12898,
Populations," 42 U.S.C. Address § 4321 Environmental note, except to Justice in Minority Populations and Low-Income
otherwise in writing. the extent that the Federal Government determines
T. OTHER NONDISCRIMINATION LAWS
regulations, The Contractor and follow agrees to comply with applicable provisions of other Federal laws and
extent the Federal Government applicable determines Federal directives prohibiting discrimination, except to the
otherwise in writing
U. OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this
performed within the borders of the United States. Any services that are agreement shall be
specifications involve or scope of work that directly serve the State of Arizona or its described clients in the
access to secure or sensitive data or personal client data or development or and may
modification
Page 23 of 29
Section II SPECIAL PROVISIONS
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. This provision applies to work performed by subcontractors at all tiers.
Page 24 of 29
SECTION III
WORK STATEMENT
Maricopa County
Human Services
Section 111
WORK STATEMENT
A. PURPOSE
The purpose of this non-financial agreement is to establish the terms and conditions
unincorporated provisions which provide public transportation assistance to elderly (65 years of age governing +) residents the
are defined by the Maricopa Americans County, or disabled individuals in unincorporated Maricopa County who of
route services due to physical or with cognitive Disabilities Act (ADA) as being unable to utilize established bus
disabilities.
Transportation services are provided utilizing existing Local Transportation
(LTAF II), Lottery Grant Funds received by Contractor and allocated Assistance Fund 11
Board of Directors for Transportation Services and Prop 400 ADA to Maricopa County by its
(PTF). These funds are held by RPTA. RPTA is the identified Public Transportation Funds
Maricopa County. Maricopa County does not receive or distribute service provider on behalf of
delivery. funds to RPTA for the service
B. CONTRACT TERM
County The term of this agreement shall begin on July 1, 2013 and shall expire June 30,
(3) years, may have the option to renew the term of this agreement one (1) time for a period 2016. of The
and conditions (Renewal of this Term) provided, however, that Contractor is in full compliance with all terms three
notice to Contractor at agreement. least sixty (60) The days County may exercise a Renewal Term by giving written
of a Renewal Term shall be upon mutual prior to the expiration of the agreement. The granting
agreement shall be on the same terms, covenants agreement by the parties in writing. Any renewal of this
unless the parties otherwise agree in writing, and conditions contained in this agreement
C. SERVICE DELIVERY
1. RPTA will be responsible for the following activities:
a. Americans Administer Local Transportation Assistance Funds II (LTAF II), Lottery and the
behalf of the with County Disabilities towards Act Public Transportation Funds (ADA PTF) on
the following objectives:
individuals Provide and enhance transportation services for elderly persons (65+),
income persons that are ADA certified, and other persons with disabilities, low-
reside in unincorporated (as defined, qualified and approved by Maricopa County), who
areas of Maricopa County.
ii. Use ADA PTF funds for the transportation of ADA certified persons.
primary Fund projects and services to improve the public transportation system for the
benefit of residents of the County's unincorporated areas.
b. Administer the funds on behalf of Maricopa County in accordance with the
following guidelines:
1. The first and highest priority use of funds under this contract will be to support
reserved mobility for options the for eligible individuals. The highest level of resources will be
most transit dependent passengers; a blend of alternative
Section III WORK STATEMENT
mobility options will be used to provide service to the less transit dependent
customers.
routes Lower and priority uses of funds under this contract include the support of fixed bus
transportation other projects and services designed to support and enhance the public
system and services to benefit unincorporated areas of the County.
Mobility options include a range of transportation services. These options are
designed to provide cost effective transportation based on the customer's needs.
Mobility options include, but are not limited to, the following:
• ADA paratransit
• Taxi (sedan) service delivery
• Taxi voucher / cab coupon
• Platinum Pass
• Volunteer driver program
iv. Fixed routes and system improvements may be funded if they benefit (primarily)
residents of unincorporated areas. System improvements include projects and
activities as permitted by established Local Transportation Assistance Fund II
(LTAF II) or Lottery revenue guidelines.
v. Priority populations for mobility options include elderly persons (age 65 or
older) and persons with disabilities living in unincorporated areas of Maricopa
County.
vi. General population residents of the unincorporated areas may also be served as
allowed by LTAF II as long as the needs of the elderly and disabled are given
priority consideration.
vii. the Unincorporated limits of a areas include any location in Maricopa County that is not within
city/town.
viii. Coordinate any match required to use LTAF II funds using the County's ADA
PTF allocation and other fund sources that RPTA may identify.
ix. Use the LTAF II for funding fixed route service in unincorporated areas if
granted. needed to prevent a forfeiture of funds and if an extension is not likely to be
x. Notify and alert the County when LTAF II, Lottery or ADA PTF funding
streams are projected to be expended, expire, be reallocated due to non-use
a resulting reasonable County objectives not being fulfilled. Notification should come within
time frame that would allow for action or decision.
xi. Provide the Department's Contract Administrator with a quarterly transportation
service and financial report that summarizes the use of funds and the
transportation and be received services that were provided. The report will be submitted quarterly
the following by the 30 th day after the quarter ends. The reports shall include
elements:
• Total units of service provided through each mobility option;
• Total expenses for each mobility option;
Page 27 of 29
Section III WORK STATEMENT
• Total fare/passenger subsidy revenue;
• Total expenses for each fixed route service;
• Total expense for other projects (each project listed separately); and
• Fund balance for each funding source.
x. RPTA will provide an annual statement to the County detailing where the
monies have been applied for the year.
xii. Utilize other grant funding sources to augment services if such funds are
awarded to RPTA. RPTA in its sole discretion may or may not provide funding
it has designated to the Sun City service area, to augment funding elsewhere in
unincorporated Maricopa County.
xiii. Notify all riders of any future limitations due to funding at the appropriate time.
Also, RPTA should have the provider notify clients when calling to schedule
trips that service may be limited in the future due to lack of funding.
2. COUNTY will be responsible for the following activities:
a. At such time that funding RPTA possesses for the benefit of the County is depleted,
County shall become responsible to accept media and citizen inquiries regarding the
termination or limitation of services.
D. ADMINISTRATIVE REQUIREMENTS
Documentation and Recordkeeping
1. Notices
All notices to RPTA regarding this agreement shall be sent to the following address:
Steven R. Banta, Executive Director
101 North First Avenue, Suite 1300
Phoenix AZ 85003
602-262-7433
sbanta@valleymetro.org
All notices to the Department regarding this agreement shall be sent to the following address:
Maricopa County Human Services Department
Russell Luder, Administrative Services Assistant Director
243 N. Central Ave, Suite 3200
Phoenix, AZ 85004
602-506-4815
rluder@mail.maricopa.gov
2. Records to be Maintained
RPTA shall maintain all records required by the federal regulations specified in 24 CFR Part
570.506 and that are pertinent to the activities to be funded under this Agreement.
3. Retention
Each Party hereto shall retain and shall contractually require each subcontractor to retain all
data and other "records" relating to this Agreement for a period of six years after the
Page 28 of 29
Section III WORK STATEMENT
completion of the Agreement. All records shall be subject to inspection and audit by either the
Department or RPTA hereto at reasonable times. Upon request, either the Department or
RPTA hereto shall produce a legible copy of any or all such records.
4. Audits and Inspections
All records with respect to any matters covered by this Agreement shall be made available to
the Department or RPTA, at any time during normal business hours. Any deficiencies noted
in audit reports must be fully cleared by the Department within 30 days after receipt by the
Department. Failure to comply with the above audit requirements will constitute a violation of
this Agreement.
Page 29 of 29