16026-MASTER CONTRACT (MARICOPA COUNTY REGIONAL SCHOOL DISTRICT).PDF
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CONTRACT PURSUANT TO RFP SERIAL 16026-RFP This Contract is entered into this 1st day of January, 2016 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Maricopa County Regional School District, an Arizona corporation (“Contractor”) for the purchase of WIOA Genesis Youth Program services. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of Eighteen (18) months, beginning on the 1st day of January, 2016 and ending on the 30th day of June, 2017. 1.2 The initial funds will be available for this contract for a six (6) month period from January 1, 2016 to June 30, 2016. 1.3 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of four (4) one (1) year options based on performance, (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 County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. SERIAL 16026-RFP SECTION I- DEFINITIONS 1.0 DEFINITIONS Agreement means a Contract for Services Agreement between Maricopa County, administered by its Human Services Department, and the Contractor. Arizona Job Connection (AJC) means the state’s database system used for entering and tracking WIA participants’ enrollment and case management activities. Applicant means an individual who is applying for services under WIOA. Assistant Director means the Director of the Workforce Development Division within the Human Services Department. Barriers to Employment means circumstances which present a substantial disability or interference to the individual's ability to obtain or retain employment. Basic Education Skills means those academic skills and abilities necessary and/or beneficial for a person to function successfully in an employment environment. Basic Skills Deficient means the individual computes or solve problems, reads, writes, or speaks English at or below the 8-9 grade level or is unable to compute or solve problems, read, write, or speak English at a level necessary to function on the job, in the individual’s family, or in society. Board of Supervisors means the Maricopa County Board of Supervisors. Career Exploration means a service offering exploration activities to assist the individual in decision-making and goal setting who may have experienced unstable or limited work history, limited knowledge of career options and opportunities, or indecision as to vocational training and/or employment career paths. Case Management means a client-centered process through which the individual applying for and/or receiving services is determined in need of appropriate services and/or benefits which are identified, planned, obtained, provided, recorded, monitored, terminated, and follow-up provided where and when appropriate. Any referrals with other youth agencies or partners shall be documented and coordinated to ensure youth receives appropriate resources and services. Catalog of Federal Domestic Assistance (CFDA) means the government-wide listing of Federal programs, projects, services, and activities which provide assistance or benefits to the American public. Contract means the same as Agreement Contract Administrator means the person administering this agreement on behalf of the Department. This person may be the designated liaison between the Department and the Contractor and responsible for contract monitoring and technical assistance. Contractor means the person, firm or organization that enter into an agreement with the County. County means Maricopa County, a political subdivision of the State of Arizona. Counseling means a process of supportive intervention and/or guidance which assists participants to recognize their needs, opportunities, strengths, and/or limitations; to make decisions and to follow a course of action that is beneficial to the participant. Credential means a nationally recognized degree or certificate or state/locally recognized formal documentation of successful attainment of measurable skills such as technical or occupational. Credentials include, but are not limited to, a high school diploma, GED or other recognized equivalents, post-secondary degrees/certificates, recognized skill standards, and licensure or industry-recognized certificates. SERIAL 16026-RFP Department means the Maricopa County Human Services Department. DES means The Arizona Department of Economic Security. Director means the Director of the Maricopa County Human Services Department. Disconnected Youth means a youth age 14 to 24 who are not engaged in Educational Programs or Employment. Diploma means a credential that the Arizona State Department of Education accepts as a secondary school diploma or equivalent to a high school diploma. Division means a section of the Human Services Department in this document refers to the Workforce Development Division. Drop-out means an individual who is not attending any school and who has not received a high school diploma, G.E.D. certificate, or equivalent. Educational Gain means at post-test, participant completes or advances one or more educational functioning levels from the starting level measured on entry into the program (pre-test). EEO means Equal Employment Opportunity. FAFSA Application means a Free Application for Federal Student Aid. 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. Individual Service Strategy (ISS) means an individual competency-based training plan for a Youth participant which shall include an age appropriate employment/training goal, appropriate achievement objectives, and the appropriate combination of services, education, and training for the Youth based on the data provided by objective assessment. Decisions made and outlined within the ISS are to be done in partnership with the participant and need to incorporate the mandated WIOA program elements and include short term and long term goals. Goals on an ISS will be time framed from registration until follow-up services are completed. In-School Youth means an individual who is—(i) attending school (as defined by State law); (ii) not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21; (iii) a low-income individual; and (iv) one or more of the following: (I) Basic skills deficient. (II) An English language learner. (III) An offender. (IV) A homeless individual, a homeless child or youth, a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement. (V) Pregnant or parenting. (VI) A youth who is an individual with a disability. (VII) An individual who requires additional assistance to complete an educational program or to secure or hold employment. Job Placement means entry into unsubsidized part-time or full-time employment. Job Specific Skills means the ability to perform actual tasks and technical functions required by certain occupational fields as defined in the skill attainment system. Occupational Skills means the participant had demonstrated proficiency in those technical occupational skills necessary to maintain employment in a certain occupation or occupational cluster. On-the-Job Training (OJT) means training opportunities provided to youth while employed. Agreements with private or public sector employers willing to hire participants and provide them with the training so that participants can attain the occupational skills needed for full and adequate performance of the job. OJT must be meaningful and productive work for the participants. Out of School Youth means an individual who is— (i) not attending any school (as defined under State law); (ii) not younger than age 16 or older than age 24; and (iii) one or more of the following: (I) A school dropout. (II) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (III) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is— (aa) basic skills deficient; or (bb) an English language learner. (IV) An SERIAL 16026-RFP individual subject to the juvenile or adult justice system (V) A homeless individual, a homeless child or youth, a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of- home placement. (VI) An individual who is pregnant or parenting. (VII) A youth who is an individual with a disability. (VIII) A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. (WIOA sections 3(46) and 129(a)(1)(B).) Participant means an individual who is determined eligible to participate in the WIOA Youth program and who receives a service funded by WIOA. 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. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's obligations under this agreement. Physical Location means a location where services and activities funded by the program are provided. Post-Secondary Education means a program at an accredited degree-granting institution that leads to an academic degree (i.e. AA, BA, BS) and does not include programs offered by degree-granting institutions that do not lead to an academic degree. Post-Test means a test administered to a participant at regular intervals during the program to measure progress in one or more of the following areas: basic skills, work readiness skills, and occupational skill. Pre-Test means an initial test administered to a participant to determine need in one or more of the following areas: basic skills, work readiness, and occupational skills. Program Manager means the Assistant Director of the Workforce Development Division. Provider means any Contractor and/or Subcontractor providing services required by this agreement. Public Agency has the meaning prescribed by A.R.S. § 11-951. Qualified Apprenticeship means a program approved and recorded by the ETA/Bureau of Apprenticeship and Training (BAT) or by a recognized state apprenticeship agency (i.e. State Apprenticeship Council). Approval is by certified registration or other appropriate written credential. Measureable Skills Gain means a core indicator of performance that leads to a credential or employment. There are four measureable skill gain areas: • Educational Achievement, o Educational Achievement, goals are for individuals enrolled in a secondary, post-secondary or occupational training program who plan to complete the program with a credential or transcript within one year. • Secondary/Post-Secondary Transcript/Report Card, o Secondary/Post-Secondary Transcript/Report Card goals are for individuals enrolled in a secondary, post-secondary or occupational training program who plan to complete the program with a credential or transcript within one year. • Training Milestone, o Training Milestone is a pre-established milestone within a training program. • Skills Progression. o Skills Progression means a skill attainment goal that may be set within one of three areas: Basic Education Skills, Occupational Skills and Work Readiness Skills. Unsubsidized Employment means employment not financed from funds provided under the grant. In the grant program the term “adequate” or “suitable” employment is also used to mean placement in unsubsidized employment which pays an income adequate to accommodate the participant’s minimum economic needs. SERIAL 16026-RFP Vocational Assessment means the method of determining present vocational skill levels, interests, aptitudes, and values and the ability to benefit from WIOA Youth services; for early identification of barriers to education and employment and to assist in establishing program goals. Vocational Counseling means a process of supportive intervention and guidance which assists participants in dealing with such issues as employment, education/occupational training and career paths. In addition, vocational counseling addresses and attempts to empower individuals in making career decisions and in removing barriers which may prevent the attainment of employment and/or education through the provision of referrals to support services when appropriate. Vocational counseling is not behavioral health counseling. Workforce Innovation and Opportunity Act (WIOA) means the act that was signed into law on July 22, 2014, and is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. Work Readiness Goals means a measureable increase in work readiness skills including world-of-work awareness, labor market knowledge, decision making, and job search techniques, survival/daily living skills, positive work habits, attitudes, and behaviors, motivation and adaptability, and obtaining effective coping and problem-solving skills. Work Statement means the section of the agreement that describes the services to be delivered under this agreement. SERIAL 16026-RFP SECTION II- INTENT AND BACKGROUND 2.0 INTENT: Maricopa County through its Human Services Department (MCHSD), Maricopa Workforce Connections (MWC), and Maricopa County Workforce Development Board (MCWDB) is soliciting qualified contractor(s) for the service delivery of effective and innovative Workforce Innovation and Opportunity Act (WIOA) Maricopa County Youth Program Services Genesis services. These services shall be provided to eligible in-school and out-of-school youth ages 14-24 as required under the provisions of Title I of WIOA. The purpose of youth programs under WIOA is to move away from short-term interventions and offer youth a broad range of coordinated services by providing opportunities for assistance in both academic and occupational learning, the development of leadership skills, preparing for further education, and entering employment. WIOA youth programs will provide a needed continuum of services to help primarily disconnected youth navigate between the educational and workforce systems. Through this solicitation, Maricopa County requests proposals to address employment and educational needs of primarily disconnected youth served by the Human Services Department. The Genesis Youth program funds are authorized under the WIOA Title 1B Catalog of Federal Domestic Assistance (CFDA) #17.259 (Youth). BACKGROUND: WIOA was signed into law on July 22, 2014, and is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. WIOA places emphasis on career pathways for youth, dropout recovery, and education and training that lead to attainment of a high school diploma and a recognized postsecondary credential. Work based learning activities are also a priority under WIOA youth services. WIOA, a federally funded program through the U.S. Department of Labor, became effective on July 1, 2015. The U.S. Department of Labor may issue further guidance on implementation, technical assistance and policies that are mandated to be followed under this RFP. SERIAL 16026-RFP SECTION III- PROGRAM OVERVIEW AND REQUIREMENTS The programs and services must be accessible to all eligible participants. The provider must demonstrate an ability to provide services within Maricopa County. 3.0 Genesis Youth Program staff will be responsible for the following: 3.1 Outreach 3.2 Eligibility 3.3 Intake and Enrollment 3.4 Intake Assessments 3.5 WIOA Orientation 3.6 Individual Service Strategy 3.7 Referral to Service Providers 3.8 Comprehensive Case Management 3.9 Monitoring and Oversight of Service Providers 3.10 Service providers will be evaluated on an ongoing basis to verify services are provided as contracted. 3.11 Evaluations will include a review of the quality of services provided, the performance outcomes, the program costs, the integrity of fiscal systems and administrative controls, and the adherence to the terms of the contract. 4.0 Service Providers will be responsible for the following: 4.1 Delivery of Program Service Elements 4.2 Reporting Requirements 4.3 Internal Monitoring 4.4 Comply with Americans with Disabilities Act (ADA) Regulations 4.5 Contractors must be licensed to conduct business in Arizona 4.6 Contractors must adhere to Child Labor Laws 4.7 Contractors must provide services in a safe environment 4.8 Services will be tailored to the needs of the participant, as indicated by assessments, report cards, and skills deficiencies identified through the development of the youth’s Individualized Service Strategy. 4.9 Contractors will confirm the appropriateness of the referral and service level needs. 5.0 PROGRAM ADMINISTRATION The Genesis Youth Program will provide administration and contract compliance including monitoring of activities. 6.0 OVERSITE 6.1 Maricopa County or any other legally authorized department of Maricopa County, state or federal government may, at any time during the hours of operation with or without notice to the Contractor or to subcontractors: a. Visit or inspect the facilities of the Contractor, or of subcontractors; b. Observe the services provided; c. Interview clients, parents, guardians, personnel, volunteers, interns or subcontractors in privacy; and d. Inspect and copy records relating to the Contract, including but not limited to personnel files, client files, billing documentation, policies and procedures. 7.0 REPORTING AND EVALUATION 7.1 Contractor will be responsible for Weekly, Quarterly and Annual reports to Genesis Youth Program staff. Weekly reports are due by Wednesday, following the week services were performed. SERIAL 16026-RFP 7.2 Reports are to be filled out and listed by the date the service was provided. Reports should include all appointments or activities scheduled for the given week. 7.3 Contractor will be required to contact participants within 48 hours or receiving the referral and meet the participant within seven (7) days of the date of referral to initiate services. 7.4 Quarterly reports are required by the 15th day of the month following the end of the quarter. (Quarters run on Fiscal Year basis July 1- June 30) 7.4.1 Third Quarter: January 1, 2016 - March 30, 2016 7.4.2 Fourth Quarter: April 1, 2016 – June 30, 2016 7.4.3 First Quarter: July 1, 2016 - September 30, 2016 7.4.4 Second Quarter: October 1, 2016 – December 31, 2016 7.4.5 Third Quarter: January 1, 2017 – March 30, 2017 7.4.6 Fourth Quarter: April 1, 2017 – June 30, 2017 7.5 Annual Reports are due by July 15th of each year. 7.6 The Weekly Participant Report must include the following information per participant: 7.6.1 Participant Name 7.6.2 Participant ID # 7.6.3 Genesis case manager 7.6.4 Date Referral Received 7.6.5 Date of Service 7.6.6 Number of staff hours 7.6.7 Outcomes/results 7.6.8 Next steps 7.6.9 Additional needs identified for Genesis follow-up 7.6.10 Backup documentation 7.6.11 Comments 7.7 The Weekly Non-participation report must include the following information per participant: 7.7.1 Participant Name 7.7.2 Participant ID# 7.7.3 Genesis case manager 7.7.4 Date referral received 7.7.5 Appointment date 7.7.6 Service element 7.7.7 Outcomes/results 7.7.8 Comments 7.8 Quarterly Reports must include the following information per participant: 7.8.1 Participant Name 7.8.2 Participant ID # 7.8.3 Genesis case manager 7.8.4 Total number of appointments 7.8.5 Total staff hours 7.8.6 Status of participant in program 7.8.7 Comments 7.9 Annual Reports must include the following information: 7.9.1 Service Element 7.9.2 Number of participants referred 7.9.3 Number of participants served 7.9.4 Total staff hours SERIAL 16026-RFP 7.9.5 Total cost of services delivered 7.9.6 Comments 7.10 Report templates will be provided by Genesis Youth Program via e-mail to the Contractor. 7.11 Additional reports may be requested at any time from Genesis Youth Program and Maricopa County. 8.0 PARTICIPANT RECORD KEEPING 8.1 Maricopa County Genesis program is required to maintain an electronic record of participants, services and results in the Arizona Job Connection and HSD Online computer systems. MWC staff will be responsible for extensive participant record keeping in physical case files and electronic files. 8.2 Since information must be entered in a timely and efficient manner, all Service Providers must maintain records in an organized manner. Contractor and their staff shall submit proper case documentation as outlined in Section 7.0. 9.0 PROGRAM MONITORING AND EVALUATION 9.1 Genesis staff will monitor the Contractor’s compliance with, and performance under, the terms and conditions of the contract. On-site visits shall consist of, case file reviews, administrative reviews, invoicing processes and other items to be identified at the time of contracting. 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 the Contract. Contractor shall be monitored for fiscal, program delivery and contract compliance bi-annually or more often as needed. Monitoring shall occur during Contractor’s normal business hours, announced or unannounced. 9.2 Contractors found to be deficient in any area shall receive written notification of findings and required corrective actions. Contractors shall provide a written response outlining corrective actions and steps to ensure findings are corrected and resolved to preclude future issues as directed in the monitoring report. 9.3 Contractor shall be responsible for monitoring worksites for those participants that are engaged in worksite activities. Genesis Staff may also monitor the worksites of those participants engaged in worksite activities. 10.0 VISITATION WITH CLIENTS The Contractor shall allow the Genesis staff, or other representative of Maricopa County, to visit with the client at any reasonable time during the Contractor’s hours of operation under this Contract. The Genesis staff, or other representative, in their sole discretion, may direct that the visitation be outside the presence of any personnel of the Contractor or subcontractors. If the Genesis staff, or other representative so directs, the Contractor shall provide a location for the visitation which assures that the Genesis staff, or other representative may communicate in complete privacy. 11.0 CONFIDENTIALITY OF CLIENT INFORMATION 11.1 Compliance. The Contractor, its personnel, volunteers, interns and subcontractors unless otherwise exempt, shall adhere to all federal, state and local laws regarding confidentiality including, but not limited to the Health Insurance Portability and Accountability Act (HIPAA) Pub. L. No. 1-4-191 (1996) and regulations promulgated there under. 11.2 Personally Identifiable Information. PII is any data that could potentially identify a specific individual. Contractor shall ensure information containing participants’ PII is not transmitted either electronically or hard copy. SERIAL 16026-RFP 11.3 Prohibition. The Contractor, its personnel, subcontractors, volunteers and interns shall not divulge or release information received from Genesis staff about any participant to anyone without a court order, except to the program staff, or anyone authorized by the Contract Officer to receive it. Violation of this Paragraph or applicable law shall constitute grounds to terminate the Contract. 11.4 Release Authorization. Release of records containing participant information requires a signed authorization/release form executed in accordance with current state licensing and federal standards. All release authorization forms shall be maintained by the Contractor and indicate the person or agency to receive the information, the specific information to be released, and the expiration date or event that will trigger the expiration date of the release, and shall be signed by the participant and the participant’s parent, guardian, or designated representative. Release forms shall meet all federal and state requirements, as applicable and including, but not limited to, 42 CFR Part 2 and 45 CFR 164.508. Unless the entity is otherwise exempt, disclosures must be accounted for within 45 CFR 164.528. 11.5 Record Dissemination. Except for the persons identified above (Section 11.4), the Contractor shall refer persons requesting records or written documentation containing participant information relating to this Contract to Genesis staff. The Contractor shall maintain release authorization forms to track the dissemination of information in each participant’s record, except for the release of record to the program staff. 11.6 Research Data. Notwithstanding any other provision of this contract, the Contractor shall not provide to anyone other than Genesis staff any information, including information about clients in whatever form, for research purposes without the prior written approval of the Contract Officer. The Contractor shall refer any requests for such information to the Contract Officer and such requests shall be in writing. Approval shall be within the discretion of the Contract Officer. 11.7 Subpoenas. If the Contractor receives a subpoena requesting records relating to this Contract, the Contractor, before complying with the subpoena, shall immediately notify the Contract Officer, and supply that officer with a copy of the subpoena. 12.0 INCIDENT REPORTING REQUIREMENTS 12.1 The Contractor shall ensure mandatory reporting to Law Enforcement and/or Child Protective Services is conducted pursuant to A.R.S. §13-3620 and shall report incidents identified as required by law, licensing regulations and agency policy (as applicable). 12.2 Contractor shall ensure incidents involving participants served under the Contract are reported to program staff. 12.2.1 Parties to Notify. 12.2.1.1 Maricopa County – Youth Program Supervisor. The Contractor shall report to the Youth Program Supervisor incidents involving participants in accordance with the Standard Terms & Conditions of the contract. Incidents impacting the health, safety and welfare of participants whether or not the incident involved participants served under this Contract shall also be reported to the Maricopa County Youth Program Supervisor. The incident report shall exclude identifying information for individuals not funded by Maricopa County. 12.2.1.2 Law Enforcement. The contractor shall report incidents to law enforcement as required by law and according to the Contractor’s policies and procedures. 12.2.1.3 Parent/Guardian. The Contractor shall notify the parent or guardian of the incidents set forth in this Paragraph as deemed appropriate. SERIAL 16026-RFP 12.2.2 Health, Safety and Welfare Incidents. The Contractor shall report all incidents to the Youth Program Supervisor impacting the health, safety and welfare of participants whether or not the incidents involved participants served under this contract. The Contractor shall follow the guidelines/timeframes set forth for reporting and documenting of incidents. 12.2.3 Significant Incidents. The Contractor shall report the following significant incidents by telephone to the Youth Program Supervisor by 12:00 noon on the next business day after the incident occurs or after becoming aware of the incident. The Contractor shall also submit a written incident report to the Youth Program Supervisor no later than 24 hours after the occurrence of any incidents: 12.2.4 General Incidents. The Contractor shall report the following incidents involving clients served under this contract by submitting a written incident report to the Youth Program Supervisor no later than 24 hours after the occurrence or becoming aware of the incident. 12.2.4.1 Homicidal or suicidal attempt or threat with a plan; 12.2.4.2 Physical assault (whether or not an injury occurs); 12.2.4.3 Medical treatment beyond first aid as a result of an injury while in a contract service; 12.2.4.4 Emergency room or urgent care visits; 12.2.4.5 Request for emergency mental health stabilization provided by first responders and/or crisis intervention teams; 12.2.4.6 Sexual behavior involving staff and/or clients/youth (consensual or not); 12.2.4.7 Emergency safety response (ESR), locked seclusion and/or restraint; 12.2.4.8 Weapons possession; 12.2.4.9 Possession by a client of any quantity of illicit drugs or alcohol or of medications not prescribed to the client; 12.2.4.10 Prescription medication errors; 12.2.4.11 Any missed medication dosages and/or medication refusals that exceed two (2) consecutive days. Note: Refusals must be discussed with the case manager officer and documented; 12.2.4.12 Acts by clients or staff where the Contractor involves law enforcement, excluding runaway youth; 12.2.4.13 Self-harming behavior (with or without injury); 12.2.4.14 Reported acts of inappropriate discipline and/or inappropriate behavior management involving clients by staff; and 12.2.4.15 Traffic accidents involving clients transported by the Contractor or its personnel, transport contractor, volunteers or interns. 12.2.5 Incident Report Form. All incident reports must be legible and be signed by the staff who prepared the report as well as by the staff who approved the report. The completed memo must be sent to the Youth Program Supervisor. The Contractor shall maintain a file of written incident reports that are available for review under this contract. 12.2.6 Maricopa County Response to Incident Reports or Complaints. The Youth Program Supervisor shall take the following steps upon Contractor notification of an incident in this Paragraph: 12.2.6.1 The Youth Program Supervisor shall review the verbal and written information to determine if the incident requires investigation. The Youth Program Supervisor may direct the Contractor to initiate an internal review and/or request additional information and/or require specific action; 12.2.6.2 If the Contractor’s actions are such as to warrant the concern of the Youth Program Supervisor, the Youth Program Supervisor shall investigate further or forward the information to the relevant authorities; 12.2.6.3 If the Youth Program Supervisor is not satisfied with the Contractor’s response to an incident, the Contract Officer may take any appropriate action. SERIAL 16026-RFP SECTION IV - TERMS AND CONDITIONS 4.0 FEE ADJUSTMENTS: 4.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. 5.0 PAYMENTS: 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “D.” 5.2 Contractor must provide a cost per unit of service, for the services performed and shall only be paid after services have been provided. 5.3 Payment shall be made upon the County’s receipt of a properly completed invoice. 6.0 INVOICES: 6.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address and contact • County bill-to name and contact information • Contract Serial Number • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Description Services Date of Services Participant & ID # Description of Service Cost of Service • Total Amount Due Contract reimbursement shall be on a pay-for-performance or fee-for-service and in accordance with 29 CFR 97.21. 6.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 6.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx). 6.3.1 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 6.3.2 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is SERIAL 16026-RFP required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 7.0 APPLICABLE TAXES: 7.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 7.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 7.2.1 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation. 8.0 TAX: (SERVICES) No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 9.0 AVAILABILITY OF FUNDS: 9.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds. 9.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance. 10.0 DUTIES: 10.1 The Contractor shall perform all duties stated in Exhibit “B” Scope of Work, or as otherwise directed in writing by the Procurement Officer. 10.2 During the Contract term, County may provide Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. 11.0 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and SERIAL 16026-RFP employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 12.0 INSURANCE: 12.1 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 Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may 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. 12.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 12.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self- insurance maintained by County shall not contribute to it. 12.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 12.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 12.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. SERIAL 16026-RFP 12.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, 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. 12.8 Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. 12.9 Commercial General Liability – Occurrence Form Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than those stated below. • General Aggregate $4,000,000 • Products/Completed Operations Aggregate $4,000,000 • Each occurrence $2,000,000 The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 12.10 Commercial/Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles assigned to or used in the performance of this Contractor’s work or services or use or maintenance of the Premises under this Contract. Combined Single Limit (CSL) $1,000,000 12.11 Workers’ Compensation Workers' Compensation Statutory Employers' Liability Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000 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; Contractor, its contractors and its subcontractors waive all rights against Contract 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, its contractors and its subcontractors pursuant to this Contract. 12.12 Sexual molestation and physical abuse When services involve working with these groups of individuals, the insurance requirements in the contract need to be revised to include coverage for "sexual molestation and physical abuse". Coverage for this type of claim, or allegation, is excluded from standard general liability policies. Therefore, contractors whose services include working with and/or caring for youth and vulnerable adults should have their policies specifically endorsed to include this coverage. Minimum Limits: • General Aggregate $4,000,000 SERIAL 16026-RFP • Each Occurrence Limit $2,000,000 • Sexual Abuse/Molestation $2,000,000 Policy shall include bodily injury, property damage and broad form contractual liability coverage. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation. The policy shall be endorsed to include the following additional insured language: "Maricopa County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor". 12.13 Subcontractors: Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage. 12.14 Certificates of Insurance: Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements 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. Such certificates shall identify this contract number and title. 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. 12.15 INSPECTION OF SERVICES: 12.15.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires. 12.15.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 12.15.3 If any of the services do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 12.15.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and 12.15.3.2 Reduce the Contract price to reflect the reduced value of the services performed. SERIAL 16026-RFP 12.15.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with Contract requirements, County may: 12.15.4.1 By Contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 12.15.4.2 Terminate the Contract for default. 12.16 REQUIREMENTS CONTRACT: 12.16.1 Contractor signifies its understanding and agreement by signing this document that this Contract is a requirements contract. This Contract does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when County identifies a need and issues a purchase order or a written notice to proceed. County reserves the right to cancel purchase orders or notice to proceed within a reasonable period of time after issuance. Should a purchase order or notice to proceed be canceled, the County agrees to reimburse the Contractor for actual and documented costs incurred by the Contractor. 12.16.2 The County will not reimburse the Contractor for any avoidable costs incurred after receipt of cancellation, or for lost profits, or shipment of product or performance of services prior to issuance of a purchase order or notice to proceed. 12.16.3 Purchase orders will be cancelled in writing. 12.17 Suspension of Work The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 12.18 Stop Work Order The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either— 12.18.1 Cancel the stop-work order; or 12.18.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 12.18.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. SERIAL 16026-RFP 12.19 UNCONDITIONAL TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 12.20 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 12.20.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 12.20.2 Make progress, so as to endanger performance of this contract; or 12.20.3 Perform any of the other provisions of this contract. 12.20.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 12.21 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. 12.22 CONTRACTOR LICENSE REQUIREMENT: 12.22.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 12.22.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. 12.23 SUBCONTRACTING: 12.23.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the SERIAL 16026-RFP County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 12.23.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 12.24 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 12.25 ADDITIONS/DELETIONS OF SERVICE: 12.15.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 12.15.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 12.26 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 12.27 SEVERABILITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 12.28 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 12.29 SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by Contractor or any party of any information concerning a program participant for, or recipient of, services under this Contract is directly limited to the conduct of this Contract. Contractor and its agents shall safeguard the confidentiality of this information, just as Contractor would safeguard its own confidential information. 12.30 NON-DISCRIMINATION IN SERVICE DELIVERY The Contractor shall not deny services to or otherwise discriminate in the delivery of services against any client on the basis of race, color, religion, gender, national origin, age, disability, or sexual orientation. For purposes of this Paragraph, gender discrimination includes sexual harassment SERIAL 16026-RFP 12.31 NON-DISCRIMINATION IN EMPLOYMENT The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, age, disability, or sexual orientation. The Contractor shall comply with all applicable federal, state and local laws, regulations and rules, and executive and administrative orders regarding employment discrimination. For purposes of this Paragraph, gender discrimination includes sexual harassment. 12.32 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 12.33 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 12.33.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 12.33.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.20 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 12.34 INFLUENCE As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 12.34.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, SERIAL 16026-RFP 12.34.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 12.35 RETENTION AND ACCESS REQUIREMENTS FOR RECORDS 12.35.1 In accordance with 29 CFR 97.42 and section MCI 371 of the Maricopa County Procurement Code, Contractor shall maintain all financial and programmatic records, supporting documents, statistical records, and other records which are required to be maintained by the terms of program regulations and the agreement. All records reasonably considered as pertinent to program regulations and the agreement. 12.35.2 Contractor shall retain all records pertaining to the agreement for a period of six (6) years after the termination of the agreement term. If any litigation, claim, negotiation, audit or other action involving the records is started before the expiration of the agreement term, Contractor shall retained the records until completion of the action and resolution of all issues which arise from it or until the end of the regular 6-year period, whichever is later. 12.35.3 To avoid duplicate recordkeeping, the County may make special arrangements with the Contractor to retain any records which are continuously needed for joint use. The County shall request transfer of records to its custody when it determines that the records possess long-term retention value. When the records are transferred to or maintained by the County, the 6-year retention requirement is not applicable to the Contractor. 12.35.4 Starting date of retention period-General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the Contractor submits to the County its’ single or last expenditure report for that period. However, if the agreement is continued or renewed, the retention period for each year's records starts on the day the Contractor submits its expenditure report for the last program year. In all other cases, the retention period starts on the day the Contractor submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. 12.35.5 Records for income transactions after agreement term. In some cases Contractor must report income after the agreement term. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the contract period in which the income is earned. 12.35.6 Indirect cost rate proposals, cost allocations plans, etc. This paragraph applies to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 12.35.7 If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the County to form the basis for negotiation of the rate, then the 6-year retention period for its supporting records starts from the date of such submission. 12.35.8 If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the County for negotiation purposes, then the 6-year retention period for the proposal plan, or computation and its supporting records starts from end of the contract period covered by the proposal, plan, or other computation. SERIAL 16026-RFP 12.35.9 Access to records-Records of Contractor. The County, Federal or State auditors and any other persons duly authorized by the County shall have full access to, and the right to examine, copy, and make use of, any and all said materials. To include any pertinent books, documents, papers, or other records of the Contractor and subcontractors which are pertinent to the agreement, in order to make audits, examinations, excerpts, and transcripts. 12.35.10 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to the agreement are not sufficient to support and document that requested services were provided, the Contractor shall reimburse the County for the services not so adequately supported and documented. 12.35.11 Expiration of right of access. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. 12.35.12 Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to records unless required by Federal, State, or local law, Contractor and subcontractors are not required to permit public access to their records. 12.36 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 12.37 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 12.38 PUBLIC RECORDS: Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 12.39 PRICES: Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. SERIAL 16026-RFP 12.40 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 12.41 RELATIONSHIPS: In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 12.42 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona 12.43 ORDER OF PRECEDENCE: In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail. 12.44 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 12.44.1 Exhibit B, Scope of Work 12.44.2 Exhibit D, Vendor Information, Cost Summary and Pricing 12.44.3 Exhibit E, Cover Sheet 12.44.4 Exhibit F, Subcontractor Information (If applicable) 12.44.5 Exhibit G, Certification Regarding Debarment 12.44.6 Exhibit H, Lobbying Disclosure (Lobbying Packet) NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: Maricopa County Regional School District 3409 W. Whitton Ave. Phoenix, AZ 85017 SERIAL 16026-RFP SECTION V- SPECIAL TERMS AND CONDITIONS This Contract is for a term of Eighteen (18) months, beginning on the 1st day of January, 2016 and ending on the 30th day of June, 2017. 5.0 DUNS Number and System for Award Management Registration Funding for activities under this contract are provided through federal Department of Labor. All Contractors that receive federal funding must obtain a Data Universal Numbering System (DUNS) number through http://fedgov.dnb.com/webform . Contractor must also be register and remain current with the System for Award Management (SAM) www.sam.gov a database of basic business information for contractors that receive federal funds. All contractors shall provide their DUNS Number with proposal submittal. For additional information regarding SAM visit this website: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrations.pdf 5.1 Religious Activities The Contractor agrees that costs, planned or claimed, including costs incurred, shall not include any expense for any religious activity. 5.2 Political Activity Prohibited None of the funds, materials, property or services contributed by the County or the Contractor under the agreement shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 5.3 Equal Employment Opportunity Contractors awarded a contract utilizing WIOA, Department of Labor Title I funds, assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: WIOA prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I-financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Contractor also assures that it will comply with 29 CFR part 37 and all other regulations implementing the laws listed above. This assurance applies to the Contractor's operation of the WIOA Title I program or activity. Contractor shall Contractor shall include clauses to this effect in all agreements with subcontractors that provide WIA Title I programs or activities. Contractor understands that the United States has the right to seek judicial enforcement of this assurance. SERIAL 16026-RFP 5.4 Certification Regarding Lobbying The Contractor certifies, to the best of their knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency. This applies to 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. Including 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. 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, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The Contractor shall include Lobbying Certification language in the award documents for all subcontractors (including sub-grants, and contract under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction is made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any successful proposer(s) who fail to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 5.5 Clean Air Act & Clean Water Act Contractor must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 5.6 Energy Policy and Conservation Act Contractor must adhere to the standards and policies relating to energy efficiency; which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871). 5.7 Copeland “Anti-Kickback” Act Contractor is expected to comply with the Copeland “Anti-Kickback” Act (18 U.S.C.874) as supplemented in the Department of Labor regulations (29 CFR part 3). In as such this regulation applies to all contracts and sub grants for construction or repair. 5.8 Davis-Bacon Act Contractor must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) when required by Federal grant program legislation. 5.9 Financial Management Each Contractor is required to submit a completed “Accounting Certification Accounting Packet Attachment E”. Packet is to be completed by Contractor’s Certified Public Accounting Agency. In accordance with 29 CFR 97.20 Contractor shall establish and maintain a special (separate) bank account for funds provided under the agreement, or an accounting system that assures the safeguarding and accountability of all assets provided under the agreement. No part of the funds SERIAL 16026-RFP deposited in the special bank account shall be commingled with other funds of the Contractor. Any interest earned shall be disposed of in a manner specified by the County in accordance with applicable State and Federal regulations. If a separate bank account is established, the Contractor shall provide a signed special 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. The Contractor shall maintain a financial management system that meet the following standards: Financial reporting. Accurate, current, and complete disclosure of the financial results of financially assisted activities must be made in accordance with the financial reporting requirements of the agreement. Accounting records. The Contractor must maintain records which adequately identify the source and application of funds provided for financially-assisted activities. These records must contain information pertaining to the agreement and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. Internal control. The Contractor shall maintain effective control and accountability for all agreement cash, real and personal property, and other assets. The Contractor must adequately safeguard all such property and must assure that it is used solely for authorized purposes. Budget control. The Contractor must maintain actual expenditures or outlays compared with budgeted amounts for the agreement. Financial information must be related to performance or productivity data, including the development of unit cost information whenever appropriate or specifically required in the agreement. If unit cost data is required, estimates based on available documentation will be accepted whenever possible Allowable cost. The Contractor must use applicable OMB Circular A-87 cost principles, agency program regulations, and the terms of the agreement will be followed in determining the reasonableness, allow ability, and allocability of costs. Source documentation. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contract and subcontract documents, etc. 5.10 Debt Collection and Audit Resolution If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. Contractor shall comply with P.L. 105-220 Sections 128, 133, and 184; 20 CFR Part 652, Subpart D,E and G; 20 CFR Part 667 Subparts D – H; 29 CFR Parts 95, 96, 97, and 99; OMB Circular A- 21. Contractor shall adhere to Federal Acquisition Regulation 97-03 Part 31; DES Policies 1-47-01 and 1-47-08; and Workforce Investment Act Guidance Letters #04-06, #09-06 and #18-06. Among the required controls specified in Title 20 CFR Section 667.500(a) (2) is the process for collecting debts. Title 20 CFR 667.410(a) states it is the responsibility of the County to conduct regular oversight and monitoring of Contractor’s WIA activities to determine whether expenditures made against the cost categories and within the cost limitations specified in WIA laws and regulations. Title 20 CFR 667.705 states: Contractor is responsible for all funds under the agreement, and any agreements with subcontractors. The County shall hold all direct recipients (Contractors) liable for all expenditures of funds. SERIAL 16026-RFP 5.11 Sanctions and Corrective Actions The Contractor agrees that the County may, based upon applicable laws or regulations, impose corrective action on the Contractor up to and including sanctions of funding provided for in this agreement. The imposition of any corrective action plan or sanctions shall be at the discretion of the Department. Actions which may lead to the provisions of this section include (but are not limited to): • Failure to perform the required tasks and activities for which the funding is provided. • Failure to achieve the stated performance goals and objectives in section. • Failure to maintain appropriate fiscal and programmatic records in accordance with the terms of the Agreement. • Failure to submit the required fiscal and performance reports. 5.12 Alternative Dispute Resolution After the exhaustion of the administrative remedies provided in the Maricopa County Procurement Code, any contract dispute in this matter is subject to compulsory arbitration. Provided the parties participate in the arbitration in good faith, such arbitration is not binding and the parties are entitled to pursue the matter in state or federal court sitting in Maricopa County for a de novo determination on the law and facts. If the parties cannot agree on an arbitrator, each party will designate an arbitrator and those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve as a panel to consider the arbitration. The parties will be equally responsible for the compensation for the arbitrator(s). The hearing, evidence, and procedure will be in accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days of the completion of the hearing the arbitrator(s) shall: • Render a decision; • Notify the parties that the exhibits are available for retrieval; and • Notify the parties of the decision in writing (a letter to the parties or their counsel shall suffice). Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s) a proposed form of award or other final disposition, including any form of award for attorneys’ fees and costs. Within five (5) days of receipt of the foregoing, the opposing party may file objections. Within ten (10) days of receipt of any objections, the arbitrator(s) shall pass upon the objections and prepare a signed award or other final disposition and mail copies to all parties or their counsel. Any party which has appeared and participated in good faith in the arbitration proceedings may appeal from the award or other final disposition by filing an action in the state or federal court sitting in Maricopa County within twenty (20) days after date of the award or other final disposition. Unless such action is dismissed for failure to prosecute, such action will make the award or other final disposition of the arbitrator(s) a nullity. 5.13 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 5.13.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor 5.13.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 5.13.1.2 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or SERIAL 16026-RFP commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 5.13.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 5.13.1.4 Have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 5.13.2 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 5.14 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS. 5.14.1 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. § 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; 5.14.2 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. 5.14.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 5.15 Background Checks 5.15.1 Background Checks for Employment through the Central Registry: By providing direct services to children or vulnerable adults, the following shall apply: 5.15.2 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions of this Award. 5.15.3 The Awardee will conduct Central Registry Background Checks and will use the information contained in the Central Registry as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for: 5.15.3.1.1 Any Agency who applies for a contract with the County and that Agency's employees; 5.15.3.1.2 All employees of a Awardee; 5.15.3.1.3 Prospective employees of the Awardee at the request of the prospective employer. 5.15.4 Volunteers who provide direct services to children or vulnerable adults shall have a Central Registry Background Check which is to be used as a factor to determine qualifications for volunteer positions. 5.15.5 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. SERIAL 16026-RFP 5.15.6 Before being employed or volunteering in a position that provides direct services to children or vulnerable adults, persons shall certify on forms that are provided by the MCHSD CSD whether an allegation of abuse or neglect was made against them and was substantiated. The completed forms are to be maintained by the Awardee as confidential. 5.15.7 A person awaiting receipt of the Central Registry Background Check may provide direct services to clients after the Awardee completes and submits to MCHSD CSD, formal confirmation on each employee the following information: 5.15.7.1.1 Name of Employee 5.15.7.1.2 Position Employee holds 5.15.7.1.3 Date of Hire 5.15.7.1.4 The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and 5.15.7.1.5 The person has not been the subject of an investigation of child abuse or neglect in Arizona, or another state or jurisdiction, which resulted in a substantiated finding. 5.15.8 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. 5.15.9 The Awardee shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for five (5) years after termination of this Award. For information on requesting a Search of Central Registry for Background Check visit this website: http://www.azdps.gov/ 5.16 Fingerprinting 5.16.1 Awardee shall comply with, and shall ensure that all of Agency's employees, independent contractors, subcontractors, volunteers and other agents comply with, all applicable (current and future) legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks that relate to Award performance. 5.16.2 Applicable legal requirements relating to fingerprinting, certification, and criminal background checks may include, but are not limited, to the following: A.R.S. §§ 36- 594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks are hereby incorporated in their entirety as provisions of this Award. The Awardee is responsible for knowing which legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks relate to Award performance. 5.16.3 To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided under this Award, the following provisions apply: 5.16.4 Personnel who are employed by the Agency, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card or shall apply for a fingerprint clearance card within seven working days of employment. 5.16.4.1 Except as provided in A.R.S. § 46-141, this Award may be cancelled or terminated immediately if a person employed by the Agency and who has contact with juveniles certifies pursuant to the provisions of A.R.S. § 46-141 (as may be amended) that the person is awaiting trial or has been convicted of any of the offenses listed therein in this State, or of acts committed in another SERIAL 16026-RFP 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. 5.16.4.2 Federally recognized Indian tribes will submit and the MCHSD CSD shall accept certifications that state that no personnel who are employed or who will be employed during the Award term have been convicted of, have admitted committing or are awaiting trial on any offense as described in A.R.S. § 36- 594.01 (as may be amended). SERIAL 16026-RFP EXHIBIT B SCOPE OF WORK ELEMENT 6.1 - TUTORING AND STUDY SKILLS TRAINING SERVICES NAICS Codes: 611691, 611699 ELEMENT DESCRIPTION: Tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential. Tutoring: Tutoring is a teaching relationship that focuses on specific academic areas and is an effective practice for addressing specific needs. Tutoring helps youth succeed in school by offering individualized or group instruction that youth need in structured sessions held regularly by a qualified tutor who monitors and reinforces the youth’s progress. Study Skills Training: Study skills training is a set of abilities that allow youth to learn effectively and efficiently on their own. Good study skills allow a youth to do well in all phases of education and to make all phases of life an opportunity for learning. To become a life-long learner, youth must know how to learn. Instruction: Instruction is the act of educating youth to learn effectively and efficiently on their own. Dropout Prevention and Recovery Strategies: Dropout prevention strategies are interventions that address programs for youth who are at-risk of dropping out of school. Dropout prevention strategies help ensure that youth stay in school to get their high school diploma and continue with postsecondary education, both of which are vital to their long-term chances for successful employment. Dropout recovery strategies identify, engage, and re-enroll students who have already left school so they can return to earn a high school diploma. Standards/Licensure Requirements for Element 6.1 shall include: • Individuals holding a current Arizona Teaching Certificate or industry recognized credentials, and possess experience in the delivery of tutoring services. • Organizations, including public, government agencies, community-based organizations, locally or state funded public educational institutions, or institutions of higher education recognized by the Arizona Department of Education and can demonstrate the capacity to provide the specific services requested. Element Goals: • By December 30, 2016, Contactor shall increase grade level or educational functioning level (EFL) by at least 1 grade within one year for each enrolled student across the Continued Hope Academy Program. • By December 30, 2016, Contractor shall increase high school credit attainment by at least 6 credits per student across the Continued Hope Academy Program. • By December 30, 2016, Contractor shall assist at least 80% of all enrolled high school students with attainment of a high school diploma or GED across the Continued Hope Academy Program SERIAL 16026-RFP Service Tasks: • Contractor shall provide on-site tutoring for each site during instructional hours during each instructional day. • Contractor shall test each student using the TABE exam prior to enrollment to determine accurate academic performance and placement; Contractor shall evaluate each student’s academic transcript to accurately pinpoint needed classes to obtain a high school diploma or GED; Contractor shall place each student an appropriate class to increase high school credits earned; Contractor shall monitor each student’s academic progress to determine on-track performance and/or determine appropriate academic interventions to meet individual student academic goals. • Contractor shall provide ongoing and appropriate academic incentives based on each student’s goals for academic attainment. ELEMENT 6.2 - ALTERNATIVE SECONDARY SCHOOL SERVICES OR DROPOUT RECOVERY SERVICES NAICS Codes: 624110, 611710, 236220, 923110, 61, 611210 ELEMENT DESCRIPTION: Alternative Secondary School Services: Alternative secondary school services provide specialized, structured curriculum inside or outside of the public school system which may provide work/study and/or academic intervention for students with behavior problems, physical/mental disabilities, who are at-risk of dropping out, who are institutionalized or adjudicated youth and/or youth who may be in foster care and are residing in an institution. Dropout Recovery Services: Dropout recovery strategies identify, engage, and re-enroll students who have already left school so they can return to earn a high school diploma. Standards/Licensure Requirements: Contractor shall be classified as an alternative school or alternative course of study for WIOA purposes, a specialized structured curriculum is required that is clearly distinguishable from the regular curriculum offered to students in corresponding grades or classes. Additionally, for WIOA purposes, an alternative school must be approved by the Arizona Department of Education before students may be reported as attending an alternative school. Include curriculum if appropriate. Goals: • By December 30, 2016, shall provide youth with the following: o Placement in an alternative education for program for youth who are or have been suspended, expelled, or dropped out o Increase each student’s grade level or educational functioning level (EFL) in a specific academic skill area as determined by a valid and reliable program entry examination (Test for Adult Basic Education – TABE). Service Tasks: • Identify youth’s reason(s) for dropout • Identify alternative secondary education possibilities based on the youth’s individual learning style • Incentivize youth’s participation in the program SERIAL 16026-RFP ELEMENT 6.3 - PAID AND UNPAID WORK EXPERIENCE NAICS Codes: 81, 611513, 611519, 611210, 236220, 236220, 611710, 624110 ELEMENT DESCRIPTION: Paid and unpaid work experience that have as a component academic and occupational education which may include summer employment opportunities, pre-apprenticeship programs, internships and job shadowing, and on-the-job training opportunities. The MWC Board is responsible for providing oversight and setting policy for Maricopa County’s WIOA programs. The Board has identified industry clusters in Maricopa County considered to be high-growth and in high-demand and should be considered the priority when coordinating work experiences. The following six (6) industry clusters were selected by the Board: • Information Technology • Aerospace / Defense • Bio-Sciences and Health Care • Construction Trades and Renewable Energy • Advanced Manufacturing • Transportation and Logistics Contractor shall focus on: • Information Technology • Construction Trades and Renewable Energy Contractor’s Methodology: The main component of every student’s education is the LTI (Learning through Internship/Interest) that is focused in Information Technology or Construction Trades and Renewable Energy. In this internship with an expert mentor in the field of the student’s interest, the student completes an authentic project that benefits the student and the mentor at the internship site. The projects are connected to the student’s interests and meet the needs of the mentors, and are the main root to deepening student learning and academic growth. There are three primary reasons for connecting real world, adult mentors to the schooling process: 1. Students learn how to be adults by being with adults. Teenagers are on the brink of adulthood, and we believe the best way for them to learn how to be an adult is by being immersed in the adult world. With mentoring, a young person steps into that adult world on a regular basis, and interacts with a variety of adults. Mentoring moves a young person beyond the familiarity of the adults in his or her personal life and provides a broader range of role models. 2. The expertise is out in the real world. Advisors know a great deal about human development and their own specialties. The expertise of a mentor in her/his field is valuable to both the student and to the advisor. Mentors become living examples of the careers that students are thinking of pursuing 3. The guidance is invaluable. The mentor-intern relationship is special for people of all ages. The guidance and direction that mentors give is personal, and based on the intern’s own particular needs, talents, and interests. There is a level of comfort in this kind of guidance that makes it possible to learn through both accomplishments and mistakes. For teenagers, it can be an especially important haven during the tumultuousness of adolescence. Paid and Unpaid Work Experience: Work experiences, paid and unpaid are planned, structured learning opportunities that take place in a workplace for a limited period of time. This element is designed to enable youth to gain exposure to the world of work and its requirements and may include internships and job shadowing. Contractors shall develop work experiences that help youth acquire the personal attributes, knowledge, and skills needed to obtain a job and advance in employment. Work experiences can provide the youth participant with opportunities for career exploration and skill development not exclusively to benefit the employer. Work experience shall be focused around high SERIAL 16026-RFP demand occupations and industry clusters. Contractor must work with participants and MWC staff in creating an opportunity, taking into consideration, location, job skill, interest and barriers. Standards/Licensure Requirements: Businesses that are selected for youth to perform paid and unpaid work experiences shall be licensed by the State of Arizona. Goals: Contractor shall develop and place youth in work experience opportunities in high demand occupations. Contractor shall measure improvement in participant’s knowledge of career opportunities. Contractor shall measure improvement in participant’s knowledge of work readiness skills. • By December 30, 2016, contractor must develop and place youth in work experience opportunities in high demand occupations as outlined in the above industry clusters across the Continued Hope Academy Program. • By December 30, 2016, Contractor shall provide and document measurable improvement in participant’s knowledge of career opportunities through the Education Career Action Plan (ECAP) for each student across the Continued Hope Academy Program. • By December 30, 2016, Contractor shall provide measurable in participants knowledge of work readiness skills via the use of MCRSD’s Transition curriculum provided for each student across the Continued Hope Academy Program • By December 30, 2016, Contractor must provide measurable data of improvement in participant’s knowledge of personal finance via the Dave Ramsey Foundations in Personal Finance for high school students or the National Endowment for Financial Education high school curriculum across the Continued Hope Academy Program Service Tasks: • Contractor shall provide each student with a tiered level of work experience to assist him/her with occupational goal attainment • Contractor shall provide safe and appropriate internships and job shadowing for each student and benefiting each participating employer • Contractor shall provide each student with relevant career exploration via the AZCIS (Arizona Career Inventory System) to determine a fit between each student’s personality and occupational goals ELEMENT 6.4 - OCCUPATIONAL SKILL TRAINING NAICS Codes: 81, 611513, 611519, 611210, 236220, 236220, 611710, 624110 ELEMENT DESCRIPTION: Occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area. The MWC Board is responsible for providing oversight and setting policy for Maricopa County’s WIOA programs. The Board has identified industry clusters in Maricopa County considered to be high-growth and in high-demand and should be considered the priority when determining the appropriateness of the need for Occupational Skills Training. The following six (6) industry clusters were selected by the Board: • Information Technology • Aerospace / Defense • Bio-Sciences and Health Care • Construction Trades and Renewable Energy • Advanced Manufacturing • Transportation and Logistics Contractor shall focus on: • Information Technology SERIAL 16026-RFP Contractor’s Methodology: Contractor will provide the Microsoft IT Academy to all students who are interested in learning these varied IT skills and working towards an IT industry recognized credential. The Microsoft IT Academy is delivered in a 100% online environment so it is easily accessible for all students to learn and succeed in this ever-important and growing industry cluster. Occupational Skill Training: Occupational skill training constitutes an organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advanced levels. Standards/Licensure Requirements: Training Providers and Program Service Providers shall possess relevant education, experience and training to effectively deliver services that result in an industry recognized licensure and/or certification. Goals: • By December 30, 2016, Contractor shall assist students with completion rates in the Microsoft IT Academy at or above industry recognized standards across the Continued Hope Academy Program • By December 30, 2016, Contractor shall provide all students who have successfully completed the Microsoft IT Academy with industry recognized licensure practice and preparation rates that are at or above industry recognized standards across the Continued Hope Academy Program. • By December 30, 2016, Contractor shall improve each participant’s skills necessary to enter or advance in a specific occupation, specifically involving Advanced Communication and Information/Information Technology, across the Continued Hope Academy Program Service Tasks: • Internships and externships: Contractor shall provide all students who are enrolled in the Microsoft IT Academy with relevant internships to gain valuable occupational skills and experience • Combination of classroom and hands-on training: Contractor shall provide all students who are enrolled in the Microsoft IT Academy with a combination of classroom and hands-on training to gain valuable skills and knowledge in this area • Actively support and encourage participants obtainment of licensure/certification: Contractor shall actively support and encourage participants with obtainment of licensure/certification in the Microsoft IT Academy. ELEMENT 6.5 - EDUCATION OFFERED CONCURRENTLY WITH WORKFORCE PREPARATION ACTIVITIES AND TRAINING NAICS Codes: 61, 81, 611210, 611513, 611519, 624110, 611710, 611691 ELEMENT DESCRIPTION: Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster. Education Offered Concurrently with Workforce Preparation: Integrating basic skills and professional-technical skill instruction thus, creating a pathway that leads to post-secondary degrees and/or career certifications. SERIAL 16026-RFP Standards/Licensure Requirements: Contractor and staff shall hold a current Arizona Teaching Certificate or industry recognized credentials, and possess experience in the delivery of educational services. Goals: • Increase participant’s rate of pay of employment: By December 30, 2016 Contractor shall increase participant’s rate of pay of employment for at least 50% of enrolled students across the Continued Hope Academy Program. • Increase participant’s level of work readiness skills: By December 30, 2016, Contractor shall increase participant’s level of work readiness skills by 100% across the Continued Hope Academy Program • Increase participant’s occupational skills: By December 30, 2016. Contractor shall deliver Career Pathways (MCRSD uses the Transition curriculum and the ECAP as part of Career Pathways Training. MWC also has in-house career pathways training that will also be used to accomplish this goal) training to 100% of all enrolled students across the Continued Hope Academy Program. Service Tasks: • Contractor shall provide all students with work readiness workshops to include soft skill training across the Continued Hope Academy Program • Contractor shall provide adult basic education classes for qualified students and MCRSD will also deliver relevant occupational training concurrently across the Continued Hope Academy Program • Contractor must deliver Career Pathways programming to all students enrolled in the Continued Hope Academy Program. ELEMENT 6.11 - FINANCIAL LITERACY EDUCATION NAICS Codes: 624110,541611, 611691, 923110, 52, 61 ELEMENT DESCRIPTION: Financial literacy education is education involving the knowledge, understanding, and skills to make effective and informed money management decisions. Standards/Licensure Requirements: Contractor shall possess industry recognized credential(s) with relevant education, experience and training to effectively deliver the service. Contractor’s Methodology: Contractor shall employ Dave Ramsey’s Foundations for Personal Finance program for high school students or shall use the National Endowment for Financial Education (NEFE) program for high school students to provide relevant and timely education in financial literacy. Goals: • Increase knowledge of financial planning and money management skills: By December 30, 2016, Contractor shall increase knowledge of financial planning and money management skills for 100% of all enrolled students across the Continued Hope Academy Program • Develop a personal budget: By December 30, 2016 Contractor shall assist 100% of all enrolled students with development of a personal budget in alignment with the skills and information taught in one of the two financial literacy programs mentioned above. This will take place across the entire Continued Hope Academy Program • Increase knowledge of personal savings and investments: By December 30, 2016, Contractor shall increase knowledge of personal savings and investments for 100% of all students enrolled in the Continued Hope Academy Program. SERIAL 16026-RFP Service Tasks: • Contractor shall teach the relationship between earning, spending, and saving so that youth understand the value of money through research-based financial literacy curriculum and facilitated by an appropriately certified teacher. • Contractor shall engage every student enrolled in the Continued Hope Academy Program in establishing personal career goals that will provide adequate income and personal fulfillment as facilitated through the Education Career Education Plan (ECAP) all students will complete across the Continued Hope Academy Program. • Contractor shall assist every student enrolled in the Continued Hope Academy Program to accept personal responsibility for and understand personal and societal consequences for financial decisions as taught through one of two of the financial literacy curriculums mentioned above and instructed through a certified teacher. SERIAL 16026-RFP EXHIBIT D VENDOR INFORMATION, COST SUMMARY AND PRICING SERIAL 16026-RFP NIGP CODE: 95221, 95295 RESPONDENT'S NAME: Maricopa County Regional School District COUNTY VENDOR NUMBER: 2011003686 ADDRESS: 3409 W. Whitton Ave Phoenix AZ 85017 TELEPHONE NUMBER: 602-422-9035 FACSIMILE NUMBER: 602-452-4722 WEB SITE: www.mcrsd.org CONTACT (REPRESENTATIVE): Ernest Rose PRESENTATIVE'SE-MAILADDRESS: ernest.rose@mcrsd.org YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [ ] [ x ] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ ] [ x ] WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD: [ ] [ x ] % (Payment shall be made within 48 hours of utilizing the Purchasing Card) RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING PAYMENT TERMS. FAILURE TO INDICATE PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS. RESPONDENT MUST INITIAL THEIR SELECTION BELOW. [ X ] NET 30 DAYS COST SUMMARY AND PRICING SUBCONTRACTOR - DIRECT LABOR Overhead Profit Hourly Rate Classifications In-School Out-of-School 6.1.1.1 Tutoring - Educate- $40.00 $40.00 8% 0% $43.20 Empower-Succeed SERIAL 16026-RFP CONTRACTOR - DIRECT LABOR In-School Youth Out-of-School Overhead Profit Hourly Rate Classification Hourly Rates Hourly Rate 6.1.1.1.2 & 6.1.1.2 - Study $79.83 $79.83 10 0% $87.81 Skills/Instruction % 6.2.1.1. & 6.2.1.2. Alternative $79.83 $79.83 10 0% $87.81 Secondary School Service % 6.3.1.2 Paid Experience. Includes one of the following paid positions: Summer employment, Pre- 0% $108.14 apprenticeship, Apprenticeship, $98.31 $98.31 10 Internship, Job Shadowing, or On- % the-job training. 6.4.1.2 Occupational Skill Training $79.83 $79.83 10 0% $87.81 6.5.1.1 Education Offered $79.83 $79.83 10 % 0% $87.81 Concurrently % 6.11 Financial Literacy $79.83 $79.83 10 0% $87.81 SERIAL 16026-RFP EXHIBIT E COVER SHEET IN-SCHOOLS OUT OF-SCHOOL ELEMENT YOUTH YOUTH 6.1 Tutoring and Study Skills Training X X 6.2 Alternative Secondary School Service or Dropout Recovery X X Services 6.3 Paid and Unpaid Work Experience X X 6.4 Occupational Skill Training X X 6.5 Education Offered Concurrently with Workforce Preparation X X Activities and Training 6.11 Financial Literacy Education X X SERIAL 16026-RFP EXHIBIT F SUBCONTRACTOR INFORMATION The Contractor shall indicate all subcontractors that the Contractor will use to perform any portion of this contract Scope of Work. If the contractor will not subcontract any portion of this contract Scope of Work and will be performing this work entirely with its own employees, then Contractor shall clearly indicate this by checking NO in the section below. • If any subcontractors will be used, the Respondent shall clearly indicate this by checking Yes in the section below and follow the instructions contained in that paragraph for identifying all subcontractors. _____ NO The above Contractor will not subcontract any portion of performance of any resultant contract under this solicitation. __X__YES The above Contractor will use the subcontractor(s) listed below in performance of any resultant contract under this solicitation. • The Contractor shall list below each subcontractor's name/address, the type of service to be provided, the certifications they possess (copies of all certifications shall be provided as an attachment to the submitted proposal), their capability and skill to provide the requested services, and the amount of time or effort (as a percent of total contract performance) that the subcontractor will perform in relation to total performance of this solicitation’s requirements. Additional Pages may be used and attached if necessary. • The Contractor shall describe the quality assurance measures that the Contra will use to monitor the subcontractor's performance. • The County reserves the right to request any additional information deemed necessary about any proposed subcontractors. Please include all requested information below or attach as separate document Name of Respondent: Maricopa County Regional School District SUBCONTRACTOR INFORMATION Type of Service Certifications % Name/Address Educate-Empower-Succeed, LLC. Tutoring-Element 6.1 Arizona State Teaching 33 1425 W. Elliot Rd., A-106, Certifications Gilbert, AZ 85233 SERIAL 16026-RFP EXHIBIT G CERTIFICATION REGARDING DEBARMENT Instruction for Certification 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," debarred," "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier transaction with a person who is suspended, debarred, ineligible or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. SERIAL 16026-RFP CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (Before completing certification, read instructions which are an integral part of the certification) 1. The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it, nor its principals, are presently debarred, suspended, proposed from debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Ernest Rose, Superintendent Name and Title of Authorized Representative SERIAL 16026-RFP EXHIBIT H LOBBYING DISCLOSURE LOBBYING PACKET Public Law 101-121 (31 U.S.C. 1352) For Reference see Federal Register, dated 2/26/90, Vol. 55, No 18 Dear Bidder, Offeror, Contractor, Subcontractor, Please review the attached forms and respond as appropriate. Attachment I In order to enter into an agreement with the County for the provision of contract services or to amend a current agreement you are required to sign the Certification Regarding Lobbying. Please submit with your Proposal. Attachment II If paragraph 2 of Attachment I applies, then complete Disclosure of Lobbying Activities form and submit it with the certification. Instructions There is a distinction between lobbying and advocacy. As long as "advocacy" does not involve influencing the obtaining of a specific grant or contract, but is merely advocacy for the general benefit of the target population served, it is not lobbying and there may be no need for certification or disclosure. Each case must be reviewed individually by the recipient as the recipient is responsible for compliance and sanctions. Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of information contained in any disclosure form previously filed. SERIAL 16026-RFP Certification Regarding Lobbying Attachment I Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person 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 this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Maricopa County Regional School District Organization SERIAL 16026-RFP IN WITNESS WHEREOF, this Contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE Ernest Rose, Superintendent PRINTED NAME AND TITLE 3409 W. Whitton Ave, Phoenix, AZ 85017 ADDRESS December 4, 2015 DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: LEGAL COUNSEL DATE