TCAA CHECK REIMBURSEMENT CONTRACT 2014-2015.PDF
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CONTRACT FOR SERVICES AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TEMPE COMMUNITY ACTION AGENCY
Contract Number: C-22-15-012-3-00
Contract Term Start Date: July 1, 2014
Contract Termination Date: June 30, 2015
This Contract for Services Agreement ("Agreement") is entered into by and between Tempe Community
Action Agency, an Arizona corporation, (hereinafter referred to as the "Contractor"), and Maricopa County,
administered by its Human Services Department, (hereinafter referred to as the "County" or the
"Department"). The Contractor and County 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 II Special Provisions
Section III Work Statement
Section IV Compensation
Section V Attachments
Contractor Representative: William Epps, Executive Director
Address: 2150 E. Orange Street, Tempe AZ 85281
Phone: 480-350-5893
bille@tempeaction.org
County Representative: Sandra Mendez, Assistant Director, Community Services Division
Address: 234 N. Central Ave., Suite 3000, Phoenix, AZ 85004
Phone: 602-506-5911
mendezs002@mail.maricopa.gov
Notices under this Agreement shall be given by personal delivery or by registered or certified mail postage
prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective
three (3) days after being mailed, unless otherwise indicated in the notice.
The Contractor is the successful proposer for a Bid Quote (PQ140018) for Check Writing Services, issued by
the Maricopa County Office of Procurement Services (UPS) on June 10, 2014. The bid quote is for the check
writing fees only. UPS awarded the bid quote to the Contractor.
Through this agreement, Maricopa County shall reimburse the Contractor for the face value of the checks
issued to vendors on behalf of eligible clients for rent, mortgage or utility assistance.
The County may, at their option and with the approval of the Contractor, extend the period of this
Agreement up to a maximum of two (2), one (1) year options, (or at the County's sole discretion, extend the
contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall
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be notified in writing of the County's intention to extend the contract at least thirty (30) calendar days prior to
the expiration of the original agreement. Extensions for this Agreement shall be made by a written
amendment for a term agreed upon by both parties.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in
any lawsuit brought against the State of Arizona, the County, or the Contractor in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
lEIVIPE COMMUNITY ACTION AGENCY IVIARICOPA
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Authorized Signature Chairman, Board of Supervisors
SEP 12 2014
DATE DATE
In accordance with A.R.S. g 11-201, and 11-251, this Agreement has been reviewed by the undersigned
attorney(s) who has determined that this Agreement is proper in form and within the power and authority
granted to the County under the laws of the State of Arizona.
Approved as to form: Approved as to 'form:
CI..
Attorney for the Contractor Date Deputy County Attorney Date
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Section I General Provisions Page I
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 is in conflict with the General
Provisions or the Special Provisions, the Work Statement shall control. To the extent that the
Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work
Statement, the Compensation Provisions shall control. Nothing herein shall operate to increase the
Operating Budget without a written amendment thereto.
B. DEFINITIONS
As used throughout this agreement, the following words and terms shall have the following
meanings:
1. Agreement means this Contract between Maricopa County, administered by its Human
Services Department, and the Contractor.
2. Assistant Director means the Director of a specific Division within the Human Services
Department.
3. Board of Supervisors means the Maticopa 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. The
Contract Specialist is responsible for monitoring this agreement and providing technical
assistance to the Parties.
7. County means Maricopa County, a political subdivision of the State of A rizona.
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. Juvenile means any person under the age of eighteen (18).
13. Payment Bond means a bond executed to ensure payment as required by law of all persons
performing work or providing materials in the execution of work provided under this
agreement.
14. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's
obligations under this agreement.
15. Program Manager means the Assistant Director of a Division of Human Services.
Mancopa County Human Services Department
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Section I General Provisions Page 2
16. Provider means the Contractor and any Subcontractor providing services under this
agreement.
17. Public Agency has the meaning prescribed by A.R.S. § 11-951.
18. Subcontract means any contract entered into by the Contractor with a third party for
performance of any of the work or the provision of any of the services under this agreement.
19. Subcontractor means an entity employed by or funded through the Contractor to perform
any of the work or provide any of the services under this agreement.
20. Sub-recipient means the Contractor when the County is the recipient of grant funding.
21. Work Statement means Section III of this agreement which 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. Contractor shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services and perform work under this agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance, and workers'
compensation.
3. Contractor is an independent contractor in the performance of all work and the provision of
all services under this agreement and Contractor shall not be considered an officer, employee,
representative, or agent of the County.
4. Contractor shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust or other organization that has a substantial interest in
Contractor's organization Or with which Contractor (or any of its directors, officers, owners,
trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has
made full written disclosure of the proposed payments to the 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 signers for both Parties.
E. AGREEMENT RENEWAL
This Agreement may be extended by a written amendment for a term agreed upon by both parties.
F. ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation or duty under this agreement may be assigned, delegated or subcontracted,
in whole or in part, by Contractor 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.
Maricopa County Human Services Department
Section I General Provisions Page 3
G. 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.
H. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the
expiration date of this agreement. Requests for financial adjustments to this agreement shall be
supported by appropriate documentation. If the County agrees to the budget adjustments, the County
shall follow section D of this agreement to amend this agreement.
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 County 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 County Procurement Officer, as
applicable, shall respond in writing to Contractor within fourteen (14) working days. The
decision of the Contract Administrator or County 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 County's Chief Procurement
Officer, 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 County's Chief
Procurement Officer shall be final and not appealable.
3. Pending a final decision of the County's Chief Procurement Officer, the Contractor shall
proceed diligently with its performance of this agreement in accordance with the Contract
Administrator or County Procurement Officer's decision.
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
light to have services provided by persons other than Contractor if Contractor is unable or fails to
provide required services with the specified time frame.
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Section I General Provisions Page 4
K. 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 Cow/actor'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.
L. 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 shalt remain in
full force and effect.
M. 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.
N. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or
omission by Contractor, or any Subcontractor or any officer, representative, agent, or employee of the
Contractor or any Subcontractor that relates to this agreement, and shall not be liable for any purchases
or contracts made by Contractor, any Subcontractor, or any officer, representative, agent, or employee
of Contractor or any Subcontractor, in connection with this agreement.
0. 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 Indernnitee, are caused by the act,
omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers.
P. 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.
Maricopa County Human Services Department
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Section I General Provisions Page 5
Q. 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.
g 7501, et 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.
R. 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.
S. STAFF AND VOLUNTEER TRAINING
The Department may make available to Contractor the opportunity to participate in any applicable
training activities conducted by the Department.
T. 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. g 7401, et
seq.), to the extent any are applicable by reason of performance under this agreement.
U. 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-LLT„ titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. 5 1352.
V. 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.
Maricopa County Human Services Department
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Section I General Provisions Page 6
W. 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 Of defeat of any
candidate for public office.
X. COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or entity has been employed or retained by it to solicit or secure
this agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the County may immediately terminate this
agreement without liability.
Y. 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.
The Contractor shall comply with the requirements of the Arizona Address Confidentiality Program,
A.R.S. § 41-161 et.seq.
Z. 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.
AA. 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.
BB. 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.
CC. AGREEMENT 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.
DD. 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
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Section I General Provisions Page 7
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.
EE. 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. g 201, et seq.).
FF. 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.
GG. INSURANCE
Contractor, at Contractor's own expense shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of A rizona and
possessing a current A.M. Best, Inc. rating of A+. In lieu of State of Arizona licensing, the
stipulated insurance m a y be purchased from a company or companies, which 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.
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.
Contractor's insurance shall be primary insurance as respects County, and any insurance or self-
insurance maintained by County shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the County's right to coverage afforded under the
insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions.
Such deductible and/or self-insured retentions shall not be applicable with respect to the
coverage provided to County under such policies. Contractor shall be solely responsible for the
deductible and/or self-insured retention and County, at its option, may require Contractor to
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Section I General Provisions Page 8
secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
County reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance certificates. County shall not be obligated to review
policies and/or endorsements or to advise Contractor of any deficiencies in such policies and
endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of
County's right to insist on strict fulfillment of Contractor's obligations under this Contract.
The insurance policies required by this Contract, except Workers' Compensation, shall name
County, its agents, representatives, officers, directors, officials and employees as Additional
Insured's.
The policies required hereunder, except Workers' Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives, officers,
directors, officials and employees for any claims arising out of Contractor's work or service.
1. Commercial General Liability:
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 bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage,
and shall not contain any provision which would serve to limit third party action over
claims. There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property damage.
2. Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property
damage of not less than $2,000,000 each occurrence with respect to any of the
Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of
the Contractor's work or services under this Contract.
3. Workers' Compensation:
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor's employees engaged in the performance of the
work or services under this 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.
Contractor waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers' Compensation and Employer's Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this Contract.
4. Certificates of Insurance
Prior to commencing work or services under this Contract, Contractor shall have
insurance in effect as required by the Contract in the form provided by the County,
issued by Contractor's insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and effect.
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Such certificates shall be made available to the County upon ten (10) business days. BY
SIGNING THE AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL
RESULT IN CANCELLATION OF CONTRACT.
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 Contractor's work or services and as evidenced by annual Certificates of
Insurance.
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.
5. Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
6. If the Contractor provides professional or semi-professional personal services under this
agreement for which malpractice or professional liability coverage is available, such as medical,
psychiatric, or legal services, Contractor shall carry minimum liability coverage of $2,000,000
each occurrence and provide the Department with proof of coverage.
HH. 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.
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.
IL 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.
JJ. 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.
ICK. 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,
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Section I General Provisions Page 10
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. g 2000a, et seq.); the Rehabilitation Act of 1973, as
amended (29 U.S.C. g 701, et seq.); the Age Discrimination in Employment Act of 1967, as amended
(29 U.S.C. g 621, et seq.); the Americans With Disabilities Act of 1990 (42 U.S.C. g 12101, et seq.); and
Arizona Executive Order 2009-09, which mandates that all persons shall have equal access to
employment opportunities.
LL. 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.
MM. 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.
NN. 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.
00. COMPETITIVE BID REQUIREMENTS
1. Equipment
If this agreement is with other than a Public Agency, Contractor shall obtain all equipment to
be utili7ed 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.
Mancopa County Human Services Department
Section I General Provisions Page 11
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.
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.
PP. 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.
QQ. IMMIGRATION REFORM AND CONTROL COMPLIANCE
Contractor understands and acknowledges that the Immigration Reform and Control Act of 1986 (Pub.
L. No.99-603) ("MCA") 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.
RR. DRUG FREE WORKPLACE ACT
Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. 3 701, 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.
SS. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
Contractor shall use the Arizona Taxonomy of Human Services for reporting and contracting purposes.
TT. 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 die Parties,
and die 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 fights 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.
Maricopa County Human Services Department
Section I General Provisions Page 12
UU. 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.
If Contractor is not able to provide this Certification, an explanation as to why shall be immediately
provided to the Department Representative at the address set forth on the Cover Page of this
Agreement.
VV. 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. g 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 effect throughout the
term of this Agreement. Contractor and its Subcontractors shall also maintain Employment Eligibility
Maricopa County Human Services Department
Section I General Provisions Page 13
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.
9 forms are available for download at USCIS.GOV . Contractor agrees to verify employee compliance
using the E-verify system and shall keep a record of the verification for the duration of the employee's
employment or at least three years, whichever is longer.
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.I§, 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 ate 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.
WW, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS
1. The Parties agree that this Contract and employees working on this Contract will be subject
to the whistleblower rights and remedies in the pilot program on contractor employee
whistleblower protections established at 41 U.S.C. 5 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the
Federal Acquisition Regulation;
2. Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request; and
3. Contractor shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
Tvlaricopa County lIurnan Services Department
SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
Maticopa County Human Services Department
Section II Special Provisions Page I
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 is in conflict with the General
Provisions or the Special Provisions, the Work Statement shall control. To the extent that the
Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work
Statement, the Compensation Provisions shall control.
B. DEFINITIONS
1. Delete the following definitions from Section I, General Provisions:
a. Assistant Director
Fidelity Bond
c. Intergovernmental Agreement
d. Payment Bond
e. Performance Bond
f. Subrecipient
2. As used throughout this Agreement, the following terms shall have the following meanings:
a. ADES means the Arizona Department of Economic Security.
b. Agency means the Contractor's business operation.
c. Assistant Director means the Assistant Director of the Community Services Division
of the Maricopa County Human Services Department.
d. Chief Procurement Officer means the head of the County's Office of Procurement
Services.
c. Contract Administrator means Assistant Director, and that position's program-related
responsibilities within MCHSD/CSD.
f. County Procurement Officer means County Office of Procurement Services staff
person specifically responsible for administering this Contract and liaison with the
County's Human Services Department.
g. CSD means Community Services Division.
h. Division means the Community Services Division of the Department, or CS]).
i. MCHSD means Maricopa County Human Services Department.
j. Provider means the Contractor and any (County pre-approved) Subcontractor
providing services under this Contract.
k. Public Agency has the meaning prescribed by A.R.S. 1§ 11-951.
1. SFY means State (of Arizona) Fiscal Year, as used by the County.
C. GENERAL PROVISIONS
Delete the following paragraphs from Section I, General Provisions:
0. RECIPROCAL INDEMNIFICATION
DD. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
D. STANDARDS
Contractor shall perform the work and provide the services as identified in Section III, the Work
Statement, and shall immediately notify the Contract Administrator whenever the Contractor is
unable to, or anticipates an inability to, perform any of the work, or provide any of the services
required by the terms of this Agreement.
E. CHANGES ORIGINATED BY THE DEPARTMENT
1. The Assistant Director may, at any time by written memorandums or email, make changes within
the general scope of this Agreement in any one or more of the following areas:
Maricopa County Human Services Department
Section II Special Provisions Page 2
a. Specific program rules, regulations, application procedures. These changes will be
communicated in writing to the Contractor through revisions to the Maricopa Coun0 Human
Senrices Department/ Communi0 Services Division Polig & Procedure Handbook through written
memorandums.
b. Minor Work Statement revisions reflecting changes in funding source or Department
regulations, policies and requirements.
c. Administrative requirements, such as reporting format quality, criteria and/or quantity, as
required by the funding source or Department regulatory requirements.
2. Such Change Orders shall not increase or decrease the Budget total without written approval of
both Parties. Additionally, a Change Order shall 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 a Change Order shall constitute a "dispute" within the
meaning of the Dispute Clause of the General Provisions of this Agreement and shall be
administered accordingly
F. COMPLIANCE WITH LAWS, RULES & REGULATIONS
Contractor shall comply with all applicable laws, rules, and regulations, without limitation, and to
those designated within this Agreement.
G. AUDIT REQUIREMENTS
In accordance with A.R.S. 11-624, the Contractor shall, at its own expense, file with the Human
Services Department, either:
1. Audited financial statements prepared in accordance with federal single audit requirements
Or,
2. Financial statements prepared in accordance with generally accepted accounting principles
audited by an independent certified public accountant.
H. FUNDING RESTRICTIONS
The Contractor shall be reimbursed for the face value of each check issued on behalf of eligible
clients. No indirect costs will be included in the Contractor's claims to the County for
reimbursement.
I. CODE OF CONDUCT
The Contractor shall avoid any action that might create or result in the appearance of:
1. Inappropriate use or divulging of information gathered or discovered pursuant to the
performance of its duties under this Agreement.
2. Acted on behalf of the County without appropriate authorization.
3. Provided favorable or unfavorable treatment to anyone.
4. Made a decision on behalf of the County that exceeded its authority, could result in partiality, or
have a political consequence for the County.
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Section II Special Provisions Page 3
5. Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or adversely affect
the confidence of the public or integrity of the Department.
6. Loss of impartiality when advising the Department.
CONTRACTOR CHANGES
The Contractor is required to notify the CSD Assistant Director, in writing, within fifteen (15)
calendar days of any changes in the following:
1. agency authorized signatory
2. agency address, phone, fax, email addresses
3. person to whom notices under this Agreement should be sent
4. any variation to insurance requirements as indicated in this Agreement
K. DEPARTMENT DETERMINATIONS
The Department reserves the fight to amend the work statement as deemed necessary.
L. COMPUTER SOFTWARE POLICY
The Contractor shall comply with Federal copyright Jaws applicable to software licenses. In addition, all
policies and agreements between the Department and the Contractor related to contract equipment,
software, internet accessible database system, and access shall be implemented and monitored.
M. RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS
Should program monitoring or application quality assurance review result in findings related to direct
service funds being paid for ineligible individuals or in amounts above allowable program limits, the
Contractor shall repay those funds to the Department upon written notification by the CSD
Operations Supervisor or Department Assistant Director.
N. DATA COLLECTION AND MANAGEMENT
The Contractor is responsible for adhering to the Department's data entry requirements and for the
timely, accurate data entry of information.
0. COOPERATION IN TRAINING, PLANNING, NEEDS ASSESSMENT, OUTCOME
MEASUREMENT INITIATIVES
The Contractor shall cooperate in needs assessments, planning and outcome measurement initiatives,
and training determined by CSD as necessary.
P. REPORTING REQUIREMENTS
Reporting shall be as provided for in this Agreement's Work Statement Section.
The Contractor shall submit to the Department final program reports no later than the designated
date, to be determined by the Department, following the expiration of this Agreement.
The Department reserves the right to add, remove, or revise reporting requirements in its sole
discretion.
Q. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
If providing direct services to children or vulnerable adults, the following shall apply:
1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as
provisions of this Contract.
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•
Section II Special Provisions Page 4
2. Contractor shall submit information directly to MCHSD CSD prior to employing or allowing
any person to volunteer, who provides such direct services under this Contract. MCHSD will
request ADES to conduct Central Registry Background Checks on behalf of the Contractor. The
results must indicate that the person has no disqualifying acts that would prohibit him/her from
providing services to clients. If the Central Registry background check specifies any disqualifying
act and the person does not have a Central Registry exception, the person shall be prohibited
from providing direct services to clients.
3. The information contained in the Central Registry will be used as a factor to determine
qualifications for positions that provide direct service to juveniles or vulnerable adults as follows:
a. Any person, their employees or volunteers who apply for a contract with MCHSD; or
b. All employees/volunteers of the Contractor; or
c. A subcontractor of the Contractor and any subcontractor employees or volunteers; or
d. Prospective employees/volunteer of the Contractor or its subcontractor before being
employed or volunteering.
4. The Contractor shall ensure all requirements of this Section are met in order to:
a. Protect clients
b. Avoid agreement cancellation or termination for cause by the County
c. Include any salary/employee-related expenses on the monthly Financial Claim Form
pertaining to any people included in clause #3 above.
5. Before being employed or volunteering in a position that provides direct services to children or
vulnerable adults under this Agreement, persons shall certify on forms provided by ADES
whether an allegation of abuse or neglect was made against them and was substantiated.
6. A person who is disqualified because of a Central Registry Background Check may apply to the
Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. 41-619.57. A
person who is granted a Central Registry exception pursuant to A.R.S. 41-619.57 is not entitled
to a contract, employment, licensure, certification or other benefit because the person has been
granted a Central Registry exception.
7. Results from ADES of the Central Registry background checks shall be submitted to the
Contractor within five (5) days of receipt by IVICHSD/CSD.
8. The Contractor shall maintain the Central Registry Background Check results in a confidential
file for six (6) years after termination of the Agreement, or resolution of any audit issues,
whichever is longer. This requirement is pursuant to the Retention of Records section under this
Agreement.
R. FINGERPRINTING
The provisions of A.R.S. 5 46-141 (as may be amended) are hereby incorporated in their entirety as
provisions of this Agreement. For reference, these provisions include, but are not limited to, the
following:
1. The Contractor and any subcontractor staff (pre-approved by the County) who are required or
allowed to provide services directly to juveniles or vulnerable adults shall possess a fingerprint
Maricopa County Human Services Department
Section II Special Provisions Page 5
clearance card that meets Level One requirements as described in ARS 41-1758.07. Such
Contractor and subcontractor staffs include current employees, whether paid or not, those who
transfer into a direct service position, volunteers, and new employees, whether paid or not.
2. If awaiting receipt of their clearance card, such staff shall provide services ONLY under direct
visual supervision and oversight of an employee who possesses a fingerprint clearance card until
staff is issued a valid fingerprint clearance card that meets the Level One requirements.
3. Except as provided in A.R.S. C, 46-141, this Agreement may be cancelled or terminated
immediately if a person employed by the Contractor, and who has contact with juveniles or
vulnerable adults, certifies pursuant to the provisions of A.R.S. C 46-141 (as may be amended)
that the person is awaiting trial or has been convicted of any of the offenses listed therein in this
State, or of acts committed in another state that would be offenses in this State, or if the person
does not possess or is denied issuance of a valid fingerprint clearance card.
4. Should a staff's fingerprint clearance card be revoked or suspended, such staff shall immediately
be prohibited from providing services under this Agreement unless granted a good cause
exception pursuant to A.R.S. § 41-619.55. This Agreement may be cancelled or terminated
immediately should it be discovered the Contractor or its subcontractor did not prudently and
immediately act upon such information.
5. The Contractor staff, whether paid or not, who are required or allowed to provide services
directly to juveniles, shall certify on forms provided by the Arizona Department of Economic
Security and notarized whether they:
a. are awaiting trial on or have ever been convicted of any of the offenses described in A.R.S.
46-141 (as may be amended); or
b. ever committed any act of sexual abuse of a child, including sexual exploitation and
commercial sexual exploitation, or any act of child abuse.
6. The Contractor shall assume the costs of fingerprint checks and may charge these costs to its
fingerprinted personnel. The Department may allow all or part of the costs of fingerprint
clearance checks/cards to be included as an allowable cost under this Agreement.
7. Upon receiving the valid fingerprint clearance card, the Contractor shall forward a copy of the
staff's card, front and back, to the MCHSD Community Services Division.
S. INDEMNIFICATION
The Contractor shall indemnify, defend save and hold harmless the State of Arizona and Maricopa
County, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and
their respective directors, officers, officials, agents, and employees (hereinafter referred to as
"Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys' fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor and any of its Subcontractors, or any of the
directors, officers, agents, or employees of Contractor and any of its Subcontractors. This indemnity
includes any claim or amount arising out of or recovered under the Workers' Compensation Law or
Maricopa County Human Services Department
•
Section II Special Provisions Page 6
arising out of the failure of the Contractor or any of its Subcontractors to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the Parties
that the Indernnitee shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the Indemnitee, be indemnified by the Contractor and any of its Subcontractors
from and against any and all claims. It is agreed that the Contractor and any of it Subcontractors will be
responsible for primary loss investigation, defense and judgment costs where this indemnification is
applicable.
T. PANDEMIC CONTRACTUAL PERFORMANCE
The Department shall require a written plan that illustrates how the contractor shall perform up to
contractual standards in the event of a pandemic. The Department may require a copy of the plan at
any time prior or post award of a contract. At a minimum, the pandemic performance plan shall
include:
1. Key succession and performance planning if there is a sudden significant decrease in
contractor's workforce.
2. Alternative methods to ensure there are services or products in the supply chain.
3. An up to date list of agency contacts and organizational chart.
4. In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government or
the World Health Organization, which makes performance of any term under this contract
impossible or impracticable, the Department shall have the following rights:
5. After the official declaration of a pandemic, the Department may temporally void the
contract(s) in whole or specific sections if the contractor cannot perform to the standards
agreed upon in the initial terms.
6. The Department shall not incur any liability if a pandemic is declared, and emergency
procurements are authorized by the Director of the Arizona Department of Administration
per A.R.S. § 41-2537 as may be amended of the Arizona Procurement Code.
7. Once the pandemic is officially declared over and/or the contractor can demonstrate the
ability to perform, the Department, at its sole discretion may reinstate the temporarily voided
contract(s).
Mancopa County Human Services Department
SECTION III
WORK STATEMENT
Maricopa County
Human Services
.Nlaricopa County Human Services Department
U
Section III Work Statement Page 1
A. PURPOSE AND OBJECTIVES
The purpose of the Agreement is for the Contractor to make payments to landlords, mortgage
companies or utility companies, on behalf of eligible clients that require financial assistance. The
Contractor shall issue payments/checks as described below.. The Contractor shall be reimbursed for
the face value of each check issued on behalf of eligible clients.
B. SERVICE DESCRIPTION
The Contractor agrees to generate a report a minimum of one time per week on a day mutually
agreed upon by the parties, from the HSD Online database of authorized vouchers and services.
Based on the HSD Online report, the Contractor will issue a separate check for each identified
service, and appropriate fund source. In some cases, several checks may be issued for an eligible
client utilizing several fund sources and paid to the same vendor on behalf of a client.
The Contractor agrees to issue checks a minimum of one time per week, and on an emergency basis
as deemed necessary by the Department upon request. The Contractor shall have sufficient funds to
pay the face value of the checks authorized and issued, until reimbursement from the County is
received. The Contractor and the Department shall develop and implement alternate procedures for
the issuance of checks, in the event of illness, vacation or other absences of Contractor staff
responsible for check writing. The Contractor shall provide written alternate procedure to
MCHSD/CSD.
The Contractor will ensure check numbers and check dates for each payment are entered into the
HSD Online database within two (2) business days of the check issuance. The Contractor agrees to
be responsible for completion and filing of Federal Tax Form 1099, as necessary, and appropriately
forwarding to the check recipient.
The Contractor shall notify MCHSD/CSD, on a quarterly basis, of any checks which remain
unredeemed more than thirty (30) days from the date of issuance. The Contractor shall notify
MCHSD of any and all voided checks.
C. DEPARTMENT RESPONSIBLITIES
MCHSD/CSD shall approve client applications for financial assistance and approve vouchers for
payment using the HSD Online database. MCHSD shall coordinate with the Contractor staff to
monitor the services provided by the Contractor including, but not limited to, a check reconciliation
process. MCHSD/CSD agrees to provide applicable training to the Contractor on the use of the
HSD Online database and related processes and forms required to accomplish the above Service
Description processes. IVICHSD/CSD staff, specifically the Program Specialist and the Operations
Supervisor, will be available for inquiries to assist with expediting the check writing process.
D. REPORTING REQUIREMENTS
MCHSD reserves the right to add, remove, or revise reporting requirements as needed and written
notification shall be provided to Contractor.
The Contractor shall submit the following to MCHSD/CSD:
1. Financial Claim on a monthly basis, or as otherwise agreed upon in this Contract.
2. Additional reports may be requested as needed by MCHSD/CSD.
3. Reports will be submitted to:
Maricopa County Human Services Department
Community Services Division
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004
Maricopa County Human Services Department
Section III Work Statement Page 2
E. INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
1 Exhibit A: Bid Quote PQ140018 Check Writing Services
2 Exhibit B: Tabulation Packet for Bid Quote PQ140018 Check Wring Services
Maricopa County Human Services Department
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Section IV Compensation Page I
A. COMPENSATION
The Contractor shall be reimbursed on a cost-reimbursement basis for the face value of the checks
written on behalf of eligible clients.
The Contractor shall complete a Reimbursement Claim form with supporting documentation, a
minimum of one time per month; for additional reimbursement when necessary and appropriate, as
agreed upon by both parties. Monthly Claim forms and reimbursement requests shall be submitted
by the lOth working day of the following month.
The final invoice for the program/fiscal year shall be submitted the first week after the
program/fiscal year ends or as directed by the Department.
Claim forms shall include the following data elements:
• Date of each check
• Check number
• Amount of each check
• Fund source use for each check
B. METHOD OF PAYMENT
Upon receipt of the approved Claim form and supporting documentation from the Contractor, the
Department shall reimburse the Contractor for allowable costs.
Should MCI-ISD/CSD identify a disallowance in a claim, the claim shall be rejected and a revised
claim shall be resubmitted by the Contractor for the reduced amount. If the Contractor protests the
disallowed amount or the reasons for a disallowance, the protest shall be construed as a dispute
concerning a question of fact within the meaning of the "Dispute" clause of this contract.
Maricopa County IIurnan Services Department
Section V Attachments Page 1
Exhibit A
PQ140018
MCHSD Check Writing Service
INTENT AND BACKGROUND:
A. This quote is to award federal funds to be used for program support for Maricopa
County Human Services Department (MCHSD or County). The Respondent
shall provide a proposal in response to this Solicitation for the provision of check
writing services. Such proposal shall indicate a fee PER check issued. This fee
shall represent the Respondent's total costs of issuing the check, but does not
include the face value of the check.
B. MCHSD operates several direct financial assistance programs where the issuance
of a timely cheek to vendors on behalf of eligible clients in the provision of
financial assistance for basic needs services. Such vendors include, but are not
limited to: landlords, mortgage companies, leasing or real estate companies,
apartment complexes and utility companies.
C. The successful Respondent (Vendor) will be required to have sufficient funds to
cover the cost of the face value of each check until reimbursement from MCHSD.
D. The successful Respondent (Vendor) shall submit to MCHSD a monthly or bi-
monthly invoice to include the total face value of the checks issued and the
individual fee per check.
E. The Vendor's close coordination with MCHSD staff is required to monitor
ongoing program support provided by the vendor, including a check
reconciliation process.
F. The County reserves the right to add additional contractors to a resulting contract
administered by its Office of Procurement Services, at the County's sole
discretion, in cases where the currently listed contractors are of an insufficient
number or skill-set to satisfy the County's needs or to ensure adequate
competition on any project or task order work.
SPECIFICATIONS:
Vendor agrees to provide check writing services for a fee to the Maricopa Human Services
Department (MCHSD). Checks must be issued on a weekly basis and on short notice as
needed. Among the services provided by MCHSD that require timely checks are: eviction
prevention rental payments, move-in assistance, such as utility and rent deposits, and utility
assistance. The fee is per check regardless of amount of check.
MCHSD/CSD staff approves applications for assistance using the web-based HSD Online
database on an ongoing basis.
The Vendor will have limited access to the MCHSD HSD Online Client database.
Section V Attachments Page 2
The following procedures are guidelines for the issuance of checks for MCHSD/CSD.
A. One time per week (currently each Wednesday) the Vendor will run a report from the
HSD Online database of approved application services and accepted vouchers.
B. Based on this report, Vendor will issue a separate check for each separate service and
each separate fund source, even if being paid to the same vendor on behalf of the same
client.
C. Check numbers and check dates for each payment are entered into the HSD online
database by the Vendor within 2 business days of check issuance.
D. On a monthly basis, the Vendor will notify MCHSD of any checks unredeemed more
than 30 days from date of issuance. Vendor will also notify MCHSD of any and all
voided checks.
OTHER REQUIREMENTS:
A. The Vendor is responsible for completion and filing of Federal Tax Fotni 1099, as
necessary, and appropriately forwarding to the check recipient.
B. The Vendor shall have sufficient funds on hand to meet obligations while awaiting
reimbursement from MCHSD. Such reimbursement shall include the fee per check AND
the face value of the check(s) issued.
C. MCHSD Community Services Division (CSD) will provide applicable training to Vendor
on the use of the HSD Online Client database and related processes required to
accomplish the above Specifications. MCHSD/CSD staff will be available for any
inquiries to help expedite the check writing process.
D. During negotiations, the successful Respondent will choose either monthly or bi-monthly
reimbursement from MCHSD/CSD:
• If monthly, an invoice is to be submitted (Financial Assistance Claim — "claim")
to MCHSD/CSD by the 7 th business day of the following month.
• If bimonthly, claims will be for checks issued:
o the 1 st -15th day of the month with claim due within 5 business days after
the 15th; and
o the 16th-end of month with claim due within 5 business days after the end
of the month.
E. The invoice (claim) form will be supplied by MCHSD/CSD. This Claim shall be submitted
with supporting backup of issued check detail. Examples of suitable backup will be
provided to the Vendor during training provided by MCHSD/CSD staff
Maricopa County Human Services Department