CITY OF SCOTTSDALE IGA_FULLY EXECUTED.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SCQTTSDALE
Maricopa County Contract No: C--4)--1 -057-3-oo City of Scottsdale Contract No. 2013-049-00S
Contract Type: Non-Financial IGA Contract Term Start Date: July 1. 2013
Contract Term Expiration Date: June 30. 2014, The contract term shall include two options to
renew for one -year extensions, based on Contractor performance.
This Intergovernmental Agreement (hereinafter referred to as this "Agreement") is entered into by
and between the City of Scottsdale (hereinafter referred to as the "City" or "Contractor") and
Maricopa County (hereinafter referred to as the "County"), administered by its Human Services
Department. City and County are hereinafter collectively referred to as the "Parties" and
individually as a "Party."
The City, for good and valuable consideration, shall provide and perform the services set forth
herein. All rights and obligations of the Parties shall be governed by the terms of this Agreement,
its exhibits, attachments, and appendices, including any Amendments, or Change Orders as set forth
herein and in:
Section I General Provisions
Section II Special Provisions
Section III Work Statement
Attachment A Facility Location Chart
WHEREAS, the County is empowered by Arizona Revised Statutes § 11-251 to enter into this
Agreement and has delegated the undersigned the authority to execute this Agreement on behalf of
the County.
WHEREAS, the City is empowered by Arizona Revised Statutes § 11-952 to enter into this
Agreement, and has by resolution, delegated the undersigned the authority to execute this
Agreement on behalf of the City.
City Representative: Jan Cameron, Park Services and Human Services Director
Address: 7700 E. Roosevelt
Scottsdale 85257
Phone: 480-312-1011
E-Mail: jcameronPscottsdaleaz.gov
Department Representative: Margarita Leyvas, Assistant Director
Community Services Division
Address: 234 North Central, Suite 3000
Phoenix, AZ 85004
Phone: 602-506-5911
E-Mail: roleyvas Pmail.mari copa.gov
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Notices, requests or demands given or made upon the Parties, pursuant to or in connection with
this Agreement, unless otherwise noted, shall be delivered in person or sent by regular first class
mail, postage prepaid, to the other Party at their respective address as indicated above.
This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind the Parties. Nothing in this Agreement shall be construed as a consent to any suit
or waiver of any defense in a suit brought against the State of Arizona, the County, or the City in any
State or Federal court.
IN WITNESS WHEREOF, the Parties have signed this Agreement.
APPROVED BY APPROVED BY
MARICO•PeyUNTY
Chairman of the Board of Supervisors
- - t JUN 10 1013
Date Date
`aricopa County Clerk of the Board 05 1243
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED WHO HAVE DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND
WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA.
This O-°1 day of P4IINA ,2013 This z day ofzf,._, 2013
BY:
uce Washburn Deputy County Attorney
City Attorney
By: Jennifer Pollock
Assistant City Attorney
wed By:
>ig kith4.
William B. MurAY
Community Services Executive Director
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Section I General Provisions
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) and the Special or
General Provisions are in conflict, the Work Statement(s) shall control.
B. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
1. Agreement means the resulting legal agreement between Maricopa County,
administered by its Human Services Department, with another public or non-public
agency. An agreement can be an Intergovernmental Agreement.
2. Assistant Director means the Assistant Director of the Department's Community
Services Division ("Division").
3. Board of Supervisors means the Maricopa County Board of Supervisors.
4. City means the City of Scottsdale.
5. Contract Administrator means the person administering this Agreement on behalf
of the Department_
6. Contract Specialist means the liaison between the Department and the City who is
responsible for monitoring this Agreement and giving technical assistance to the City.
7. Department means the Maricopa County Human Services Department.
8. Director means the Director of the Department.
9. Intergovernmental Agreement (IGA) means two or more public agencies that
directly contract for services, or jointly exercise any power common to them, enter
into an agreement with one another for joint or cooperative action or perform some
or all of the services specified in their agreement.
10. Juvenile means any person under the age of eighteen (18).
11. 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.
12. Performance Bond means a bond executed to secure fulfillment of all of the City's
obligations under this Agreement.
13. Provider means the City and any Subcontractor providing services required by this
Agreement.
14. Public Agency means any governmental unit established by Charter, Statute,
Congressional Act or Presidential Executive Order and as prescribed by Arizona
Revised Statutes §11-951.
15. Subcontract means any agreement entered into by the City with a third party for
performance of any of the work or provision of any of the services covered by this
Agreement. A Subcontract must be approved in writing by the Contract
Administrator.
16. Subcontractor means a person or entity funded through the City to provide services
required by the Work Statement.
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Section I General Provisions
17. Work Statement means the section of this Agreement that contains a description of
services to be delivered pursuant to this Agreement.
C. GENERAL REQUIREMENTS
1. The terms of this Agreement shall be construed in accordance with Arizona law. Any
lawsuit arising out of this Agreement shall be brought in the appropriate court in
Maricopa County, Arizona.
2. The City shall, without limitation, obtain and maintain all licenses, permits and
authority necessary to do business, render services and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
3. The City is an independent contractor in the performance of work and the provision of
services under this Agreement and is not to be considered an officer, employee or
agent of the County.
4. The City shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust or other organization that has a substantial interest in
City's organization or with which City (or any of its directors, officers, owners, trust
certificate holders or a relative thereof) has a substantial interest, unless the City has
made full written disclosure of the proposed payments to the Department and has
received written approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
11 AMENDMENTS OR MODIFICATIONS
No part of this Agreement may be waived or altered except by a formal written amendment
signed by both Parties. The City shall notify the Department of any changes that significantly
affect programmatic provisions of this Agreement as set forth in the Work Statement.
All Amendments or Modifications to this Agreement shall be in writing and signed by
authorized signers for both Parties.
E. ASS1GNMENT/SUBCONTRACTING
No right, liability, obligation or duty under this Agreement may be assigned, delegated or
subcontracted, in whole or in part, without the prior written approval of the Contract
Administrator. The City shall bear all liability under this Agreement, even if it is assigned,
delegated or subcontracted, in whole or in part, unless the Department agrees in writing
otherwise.
F. AVAILABILITY OF FUNDS
The provisions of this Agreement relating to the payment for services by the County for
Financial and Crisis Case Management services initiated by the City (under Section III of this
Agreement) shall become effective when grant funds assigned for this purpose, as provided
herein, are actually available to the Department for disbursement. The Director shall be the
sole authority in determining the availability of these funds and the Department shall keep
the City fully informed as to the availability of such grant funds.
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Section I General Provisions
If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection
with this Agreement, the Board of Supervisors may amend, suspend, decrease or terminate its
obligations under or in connection with this Agreement. In the event of termination, the
County shall be liable for payment only for financial assistance approved prior to the
effective date of the termination, provided that such services performed are in accordance
with the provisions of this Agreement. The Department shall give written notice of the
effective date of any suspension, amendment, or termination under this section at least ten
(10) calendar days in advance.
G. DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute arising out of
this Agreement that is not resolved between the Parties within 120 working days
shall be submitted in accordance with the following dispute resolution process.
2. The City's notice of a dispute must be in writing and filed with the Assistant Director
of the Community Services Division within ten (10) working days from the date the
City knew or should have known the basis of the dispute. The notice shall state with
specificity the nature of the dispute and identify each provision of this Agreement that
the City believes is at issue. The Assistant Director shall respond in writing to the City
within fourteen (14) working days. The decision of the Assistant Director shall be
final and conclusive. The Assistant Director's decision is the final decision concerning
the dispute, except where applicable State or Federal law or regulation specifies
otherwise.
3. Pending a final decision of a dispute hereunder, the City shall proceed diligently with
the performance of this Agreement.
H. DEFAULT
The Director may recommend to the Board of Supervisors that it immediately suspend,
terminate or modify this Agreement by giving written notice to the City in the event the City
fails to perform any obligation under this Agreement or otherwise breaches any provision of
this Agreement; or upon the occurrence of any event that may jeopardize the ability of the
City to perform any of its contractual obligations. The County reserves the right to have
services provided by persons other than the City if the City is unable or fails to provide
required services within the specified time frame.
TERMINATION
1. This Agreement is subject to cancellation in accordance with the provisions of A.R.S. §
38-511.
2. Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) days prior written notice. Such notice shall be given by personal
delivery or by Registered or Certified mail, return receipt requested.
3. This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
4. The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County deems the health or welfare of the service recipients is in
danger or City noncompliance jeopardizes funding source financial participation. If
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Section I General Provisions
not terminated by one of the above methods, this Agreement will terminate upon the
expiration of the term of this Agreement stated on Page 1 of this Agreement.
J. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void or illegal shall in no
way affect, impair or invalidate any other provision hereof, and the remaining provisions shall
remain in full force and effect.
STRICT COMPLIANCE
The Department's acceptance of the City's performance that is not in strict compliance with
the terms hereof shall not be deemed to waive the requirement of strict compliance with all
future performance obligations. All changes in performance obligations under this
Agreement shall be in writing.
NON-LIABILITY
The County, its officers and employees and its Grantor agencies shall not be liable for any act
or omission by the City or a Subcontractor or any officer, representative, agent or employee of
the City or a Subcontractor occurring in the performance of this Agreement, nor shall they be
liable for purchases or Contracts made by the City, a Subcontractor, or an officer,
representative, agent and employee of the City or a Subcontractor.
M. TECHNICAL ASSISTANCE
The Department shall provide reasonable technical assistance to the City to assist in
complying with State and Federal laws, regulations and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations and standards. However, this assistance in no way relieves the
City of full responsibility and accountability for its actions and performance in compliance
with the terms of this Agreement.
N. STAFF AND VOLUNTEER TRAINING
The Department may make available to the City the opportunity to participate in any
applicable training activities conducted by the Department.
0. POLITICAL ACTIVITY AND LOBBYING(
1. None of the funds, materials, property or services contributed by the County or
the City under this Agreement may be used for any partisan political activity, or to
further the election or defeat of any candidate for public office.
2. No federal appropriated funds have been paid or will be paid by or on behalf of
Contractor to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
3. If any funds, other than federal appropriated funds, have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with any federal contract, grant,
loan or cooperative agreement, the City shall complete and submit OMB
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Section I General Provisions
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
P. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or
recipient of, service under this Agreement is directly limited to the conduct of this Agreement.
The City and its agents shall safeguard the confidentiality of this information, just as the City
would safeguard its own confidential information. The City shall include a clause to this effect
in all of its Subcontracts.
Q. RIGHTS IN DATA
The Parties may use any and all data and reports resulting from this Agreement without cost
or other restriction, except as otherwise provided by law or applicable regulation. Each Party
shall supply to the other Party, upon request, any available information that is relevant to this
Agreement and to the performance hereunder.
R. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable
license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted
material and all other material that may be copyrighted as a result of this Agreement.
S. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this
Agreement shall be promptly and fully reported to the Department for determination as to
whether patent protection on such invention or discovery shall be sought and how the rights
in the invention or discovery, including rights under any patent issued thereon, shall be
disposed of and administered, in order to protect the public interest.
T. AGREEMENT COMPLIANCE MONITORING
The Department shall monitor the City's compliance with, and performance under, the terms
and conditions of this Agreement. Announced or unannounced on-site visits for agreement
compliance monitoring may be made by the Department and/or its grantor agencies at any
time during the City's normal business hours. The City shall make all records and accounts
relating to the work performed or the services provided under this Agreement, or for similar
work and/or service provided under other grants and agreement, available for inspection and
copying by the Department's monitors.
U. MINIMUM WAGE REQUIREMENTS
The City agrees and warrants that it shall pay all its employees engaged in performing work
or providing services under the terms of this Agreement not less than the minimum wage
specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.0
§ 206 (a) (1)).
V. RECOGNITION OF DEPARTMENT SUPPORT
The City agrees to give recognition to the Department, the County and the funding source for
its support when the City publishes material or releases public information.
W. INDEMNIFICATION AND INSURANCE
1. Indemnification
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Section I General Provisions
The City shall, and shall cause any of its Subcontractors to, indemnify, defend save and
hold harmless the State of Arizona and Maricopa County, any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as
"Indemnitee") from and against any and all claims, actions, liabilities, damages, losses,
or expenses (including court costs, attorneys' fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of Contractor and any of its Subcontractors, or any of the directors, officers,
agents, or employees of the City and any of its Subcontractors. This indemnity
includes any claim or amount arising out of or recovered under the Workers'
Compensation Law or arising out of the failure of the City or any of its Subcontractors
to conform to any federal, state or local law, statute, ordinance, rule, regulation or
court decree. It is the specific intention of the Parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the City and any of its Subcontractors
from and against any and all claims. It is agreed that the City and any of it
Subcontractors will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable.
The amount and type of any insurance coverage requirements set forth herein shall
not be construed as limiting the scope of the Parties' indemnity obligations contained
in this paragraph.
2. Insurance
Both Parties are public entities, and are self insured. The City shall furnish the
County with certificates of self insurance prior to starting work under this
Agreement.
X. NON DISCRIMINATION
The City, in connection with any service or other activity under this Agreement, shall not in
any way, discriminate against any person on the grounds of race, color, religion, sex, national
origin, age, disability, political affiliation or belief. The City shall include a clause to this effect
in all Subcontracts related to this Agreement.
Y. EQUAL EMPLOYMENT OPPORTUNITY
The City shall not discriminate against any employee or applicant for employment because of
race, age, disability, color, religion, sex or national origin. The City shall, to the extent such
provisions apply, comply with (as amended) Title VI and VII of the Civil Rights Act; the
Rehabilitation Act; the Age Discrimination in Employment Act; the Americans With
Disabilities Act, and Arizona Executive Order 2009-09, which mandates that all persons shall
have equal access to employment opportunities.
Z. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting
documents, statistical records and other records of the City that are reasonably
considered as pertinent to this Agreement.
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Section I General Provisions
2. The City agrees to retain all records relevant to this Agreement for six (6) years after
the resolution of any audit questions, which could be more than six (6) years,
whichever is longer, and the Department, Federal and State auditors, and any other
persons duly authorized by the Department shall have full access to and the right to
examine, copy and make use of any and all such records.
AA. PROPERTY
Any property furnished or purchased pursuant to the terms of this Agreement shall be
utilized, maintained, repaired and accounted for in accordance with instructions furnished by
the Department, and shall revert to the County upon termination of this Agreement, or
otherwise be disposed of in accordance with instructions issued by the Contract
Administrator.
BB. IMMIGRATIONREFORM AND CONTROL COMPLIANCE
The City understands and acknowledges the applicability of the Immigration Reform and
Control Act of 1986 (IRCA). The City agrees to comply with IRCA in performing under this
Agreement and to permit the County to inspect the City's personnel records to verify such
compliance.
CC. DRUG-FREE WORKPLACE ACT
The City agrees to comply with the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701, et seq.
(Public Law 100-690, 102 Stat. 4434). These statutes require that contractors and grantees of
Federal funds must certify that they will provide drug-free workplaces. This certification is a
precondition to receiving a grant or an agreement.
DD. EMPIOXMENT DISCLAIMER
This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a
joint venture agreement, partnership or other formal business association or organization of
any kind between the Parties, and the rights and obligations of the Parties shall be only those
expressly set forth in this Agreement.
The Parties agree that no individual performing under this Agreement on behalf of the City
is to be considered a County employee, and that no rights of County civil service, County
retirement, or County personnel rules shall accrue to such individual. The City shall have
total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker's
compensation, occupational disease compensation, unemployment compensation, other
employee benefits, and all taxes and premiums appurtenant thereto concerning such
individuals and shall save and hold the County harmless with respect thereto.
EE. CERTIFICATION REGARDING DEBARMENT. SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing and submitting this Agreement, represents that he or she has the
authority to certify the City to the terms, representations, and warrants of this Certification.
The City, defined as the primary participant in accordance with 45 CFR Part 76, certifies to the
best of its knowledge and belief that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal Department or
agency;
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2. Have not, within a 3-year period preceding this Agreement, 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 agreement under a public transaction; or for a violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with the commission of any of the
offenses enumerated in paragraph 2 of this certification; and
4. Have not, within a 3-year period preceding this Agreement, had one or more public
transactions (Federal, State, or local) terminated for cause or default.
The City shall include, without modification, this Certification's language entitled
"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -
Lower Tier Covered Transactions," with all sub-grantees or other Subcontractors; and in all
lower tier covered transactions and in all solicitations for lower tier covered transactions in
accordance with 45 CFR Part 76.
If the City is not able to provide this Certification, an explanation as to why shall be
immediately provided to the Maricopa County Human Services Department, Attention:
Contracts Coordinator, 234 N Central Ave, Suite 3201, Phoenix, AZ 85004.
FF. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES 423-214
AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Agreement, the City represents and warrants compliance with the
Immigration and Nationality Act, 8 U.S.C. §§ 1101, et seq. ("INA") and all other immigration
laws and regulations related to the immigration status of its employees. The City shall obtain
statements from its Subcontractors certifying compliance and shall furnish the statements to
the Department upon request. These representations and warranties shall remain in effect
throughout the term of this Agreement The City and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor's
Immigration Reform and Control Act of 1986 (Public Law 99-603), for all employees
performing work under this Agreement. 1-9 forms are available for download at USCIS.GOV .
The City agrees to verify employee compliance using the E-verify system and shall keep a
record of the verification for the duration of the employee's employment, or at least three
years, whichever is longer.
The City warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and
further acknowledges:
1. The City and its Subcontractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance
with A.R.S. § 23-214(A);
2. That a breach of a warranty under subsection 1 above shall be deemed a material
breach of this Agreement that subjects the City to penalties up to and including
termination of this Agreement; and
3. That the County or Department retains the legal right to inspect the papers of any City
or Subcontractor employee who works on this Agreement to ensure that the City or
Subcontractor is complying with the warranty provided under subsection 1 above,
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Section I General Provisions
and the City agrees to make all papers and employment records of said employee(s)
available to the County during normal working hours in order to facilitate such an
inspection.
GG. COMPLIANCE WITH A.R.S. §§_ 35-391.06 AND 35-393.06 (SCRUTINIZED BUSINESS
OPERATIONS IN SUDAN AND IRAN);
By entering into this Agreement, the City certifies it does not have scrutinized business
operations in Sudan or Iran. The City shall obtain statements from its Subcontractors
certifying compliance and shall furnish the statements to the County Procurement Officer
upon request. The City's certification shall remain in effect throughout the term of this
Agreement.
The County may request verification of compliance from the City or any Subcontractor
performing work under the Agreement. If the County suspects or determines that the City or
any of its Subcontractors are not in compliance, the County may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of this
Agreement for default, and suspension and/or debarment of the City. All costs necessary to
verify compliance are the responsibility of the City.
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Section II Special Provisions
A. PURPOSE
The City shall perform the work and provide the services as defined in the Work Statement
narratives. Whenever the City is unable or expects to be unable to perform any of the work or
provide any of the services required by the terms of this Agreement, the City shall notify the
Department's Community Services Division (CSD) in writing.
B. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement(s) and the Special or General
Provisions are in conflict, the Work Statement(s) shall control.
C. DEFINITIONS
The following terms shall be added or modified from Section I, General Provisions, and shall have
the following meanings:
1. ADES means the Arizona Department of Economic Security.
2. Contract Administrator means the Department Assistant Director.
3. Department means Maricopa County Human Services Department or MCHSD.
4. Vulnerable Adult means an individual who is eighteen years of age or older and who is
unable to protect himself from abuse, neglect or exploitation by others because of a physical
or mental impairment. Vulnerable adult includes an incapacitated person as defined in
A.R.S. 14-5101.
D. GENERAL PROVISIONS
Delete the following paragraphs from Section I, General Provisions, and replace with the
following:
P. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by the City of any information concerning an applicant for, or recipient of,
services under this Agreement is directly limited to the conduct of this Agreement. The City and
its agents shall safeguard the confidentiality of this information, just as the City would safeguard
its own confidential information. The City shall include a clause to this effect in any Subcontracts
related to this Agreement
The City shall comply with the requirements of the Arizona Address Confidentiality Program,
A.R.S. § 41 -161 et. seq. Maricopa County Human Services Department's CSD will advise the City
as to applicable policies and procedures ADES has adopted for such compliance.
E. CHANGES ORIGINATED BY THE DEPARTMENT
The Department Assistant Director may, at any time, make changes to the work narrative of this
Agreement in any or all of the following areas, including, but not limited to, via written
memorandums, which may consist of electronic communications:
1. Specific program rules, regulations, application procedures. These changes will be
communicated in writing to the City through revisions to the Maricopa County Human Services
Department/Community Services Division Policy & Procedure Handbook through written
memorandums.
2. Minor work statement revisions
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Section II Special Provisions
3. Administrative requirements such as reporting criteria
Any dispute or disagreement resulting from such written changes shall constitute a dispute
within the meaning of the dispute clause of this Agreement's General Provisions and shall be
resolved accordingly.
F. CONTRACTOR CHANGES
The City is required to notify the CSD Assistant Director, in writing, within fifteen (15) calendar
days of any changes in the following:
• agency authorized signatory
• agency address, phone, fax, email addresses
• person to whom notices under this Agreement should be sent
G. DEPARTMENT DETERMINATIONS
The Department reserves the right to amend the work statement as deemed necessary.
H. COMPUTER SOFTWARE POLICY
The City shall comply with Federal copyright laws applicable to software licenses. In addition, all
policies and agreements between the Department and the City related to contract equipment,
software, internet accessible database system, and access shall be implemented and monitored.
I. RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS
Should program monitoring or application quality assurance review result in findings related to
direct service funds being paid for ineligible individuals or in amounts above allowable program
limits, the City shall repay those funds to the Department upon written notification by the CSD
Operations Supervisor or Department Assistant Director.
J. DATA COLLECTION AND MANAGEMENT
Eligibility determination and documentation shall be completed for all applicants, clients and
household members receiving services through this Agreement, as appropriate. The City is
responsible for adhering to the Department's data entry requirements and for the timely, accurate
data entry of information.
K. COOPERATION IN TRAINING. PLANNING. NEEDS ASSESSMENT. OUTCOME MEASUREMENT
INITIATIVES
The City shall cooperate in needs assessments, planning and outcome measurement initiatives,
and training determined by CSD as necessary.
L. REPORTING REQUIREMENTS
Unless otherwise provided in this Agreement, reporting shall adhere to the following schedule:
not later than the 10th working day following each month during the term of this Agreement, the
City shall submit programmatic reports to the Department in the form set forth in this
Agreement. Failure to provide such report within 45 calendar days following the end of a
month may result, at the option of the Department, in a forfeiture of the use of financial
assistance funds.
Not later than the designated date, to be determined by the Department, following the
termination of this Agreement, the City shall submit to the Department final program reports.
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Section II Special Provisions
The Department reserves the right to add, remove, or revise reporting requirements in its sole
discretion.
K. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
If providing direct services to children or vulnerable adults under this Agreement, the following
shall apply:
1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its
entirety as provisions of this Agreement.
2. City shall submit information directly to MCHSD CSD prior to employing or allowing any
person to volunteer, who provides such direct services under this Agreement. MCHSD
will request ADES to conduct Central Registry Background Checks on behalf of the
Contractor. The results must indicate that the person has no disqualifying acts that
would prohibit him/her from providing services to clients. If the Central Registry
background check specifies any disqualifying act and the person does not have a Central
Registry exception, the person shall be prohibited from providing direct services to
clients.
3. The information contained in the Central Registry will be used as a factor to determine
qualifications for positions that provide direct service to juveniles or vulnerable adults
as follows:
a. Any person, their employees or volunteers who apply for a contract with MCHSD; or
b. All employees/volunteers of the Contractor; or
c. A subcontractor of the Contractor and any subcontractor employees or volunteers;
or
d. Prospective employees/volunteer of the City or its subcontractor before being
employed or volunteering.
4. The City shall ensure all requirements of this Section are met in order to:
a. Protect clients
b. Avoid Agreement cancellation or termination for cause by the County
C. Include any salary/employee-related expenses on the monthly Financial Claim Form
pertaining to any people included in clause #3 above.
S. Before being employed or volunteering in a position that provides direct services to
children or vulnerable adults under this Agreement, persons shall certify on forms
provided by ADES whether an allegation of abuse or neglect was made against them and
was substantiated.
6. A person who is disqualified because of a Central Registry Background Check may apply
to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-
619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-
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Section II Special Provisions
619.57 is not entitled to a contract, employment, licensure, certification or other benefit
because the person has been granted a Central Registry exception.
7. Results from ADES of the Central Registry background checks shall be submitted to the
City within five (5) days of receipt by MCHSD/CSD.
8. The City shall maintain the Central Registry Background Check results in a confidential
file for six (6) years after termination of the Agreement, or resolution of any audit
issues, whichever is longer. This requirement is pursuant to the Retention of Records
section under this Agreement.
L. FINGERPRINTING
The provisions of A.R.S. § 46-141 (as may be amended) are hereby incorporated in their
entirety as provisions of this Agreement. For reference, these provisions include, but are not
limited to, the following:
1. The City and any subcontractor staff (pre-approved by the County) who are required or
allowed to provide services directly to juveniles or vulnerable adults shall possess a
fingerprint clearance card that meets Level One requirements as described in ARS 41-
1758.07. Such City and subcontractor staff include current employees, whether paid or
not, those who transfer into a direct service position, volunteers, and new employees,
whether paid or not.
2. If awaiting receipt of their clearance card, such staff shall provide services ONLY under
direct visual supervision and oversight of an employee who possesses a fingerprint
clearance card until staff is issued a valid fingerprint clearance card that meets the Level
One requirements.
3. Except as provided in A.R.S. § 46-141, this Agreement may be cancelled or terminated
immediately if a person employed by the City, and who has contact with juveniles or
vulnerable adults, 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 state that would be offenses
in this State, or if the person does not possess or is denied issuance of a valid fingerprint
clearance card.
4. Should a staffs fingerprint clearance card be revoked or suspended, such staff shall
immediately be prohibited from providing services under this Agreement unless
granted a good cause exception pursuant to ARS 41-619.55. This Agreement may be
cancelled or terminated immediately should it be discovered the City or its
subcontractor did not prudently and immediately act upon such information.
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Section II Special Provisions
5. The City staff, whether paid or not, who are required or allowed to provide services
directly to juveniles, shall certify on forms provided by the Arizona Department of
Economic Security and notarized whether they:
a. are awaiting trial on or have ever been convicted of any of the offenses
described in A.R.S. § 46-141 (as may be amended); or
b. ever committed any act of sexual abuse of a child, including sexual exploitation
and commercial sexual exploitation, or any act of child abuse; or
6. The City shall assume the costs of fingerprint checks and may charge these costs to its
fingerprinted personnel. The Department may allow all or part of the costs of
fingerprint clearance checks/cards to be included as an allowable cost under this
Agreement.
7. Upon receiving the valid fingerprint clearance card, the City shall forward a copy of the
staffs card, front and back, to the MCHSD Community Services Division.
M. CODE OF CONDUCT
The Contractor shall avoid any action that might create or result in the appearance of:
1. Inappropriate use or divulging of information gathered or discovered pursuant to
the performance of its duties under this Agreement.
2. Acted on behalf of the County without appropriate authorization.
3. Provided favorable or unfavorable treatment to anyone.
4. Made a decision on behalf of the County that exceeded its authority, could result in
partiality, or have a political consequence for the County.
5. Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or
adversely affect the confidence of the public or integrity of the Department.
6. Loss of impartiality when advising the Department.
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Section III Crisis Case Management and Financial Assistance Services Work Statement
A. SERVICE DESCRIPTION
Crisis Case Management Services are provided to individuals or families in order to enhance
their self-sufficiency and/or involvement in the community, and through which the needs
and eligibility of the individuals applying for or receiving services are determined. For
eligible individuals, appropriate services are identified, obtained or provided, and recorded.
Information and referral services will be provided as appropriate.
Financial Assistance Services are provided to stabilize the immediate and emergent needs
of the client including basic needs. Financial services may include, but are not limited to:
emergency rent and mortgage assistance, first month's rent and rental deposit assistance,
utility payment assistance, utility deposit assistance, food boxes, etc.
B. UNIT OF SERVICE
One unit of service equals one service provided, such as one referral, one food box, or one
utility assistance payment.
C. STANDARDS/LICENSURE/FROGRAM INFORMATION
The City shall comply with all federal, state and county regulations related to specific
funding sources used. Additionally, all Subcontractors shall comply with the Maricopa
County Human Services Department/Community Services Division Policy & Procedure
Handbook and are responsible for keeping the handbook updated as revisions to program
regulations and guidelines are provided by MCHSD.
Specifically, Federal, State and County regulations will be the responsibility of the City to
follow and may include, and are not limited to:
1. Federal Low Income Home Energy Assistance Program regulation, as well as the
State of Arizona Low Income Home Energy Assistance Program State Plan. Title
XXVI- Low Income Home Energy Assistance Program Omnibus Budget
Reconciliation Act of 1981.
2. Federal Community Services Block Grant, as well as the State of Arizona Community
Services Block Grant State Plan.
3. Utility, Repair, Replacement and Deposit Assistance Guidelines.
4. State Short Term Crisis Services Program.
5. Federal Temporary Assistance to Needy Families (TANF), as related to the provision
of Emergency Assistance.
6. State and Federal Client Confidentiality Laws and Regulations.
7. Maricopa County Human Services Department/Community Services Division Policy
8.t Procedure Handbook.
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Section III Crisis Case Management and Financial Assistance Services Work Statement
Crisis case management is the process by which eligibility for financial assistance is
determined and received. Available resources for basic and emergent needs are categorized
as follows:
1. Financial Assistance (i.e. rent, utility, mortgage assistance)
2. Information and Referral
3. Utility and Telephone Discount Programs (enrollment)
4. Goods and materials provided (i.e. food boxes, clothing)
5. Home Repair/Weatherization (i.e. application intake or referral to home repair
programs i.e. weatherization)
6. Non-Financial Assistance (face-to-face provision of services, i.e. case management,
energy conservation education, assistance with forms completion such as for
AHCCCS)
Maricopa County Human Services Department/Community Services Division Policy &
Procedure Handbook provides detailed information on services that can be provided, client
eligibility regulations and guidelines, application and documentation procedures and
service dollar limits for Maricopa County funded financial assistance.
Financial assistance services funds are retained by the Department and are made available
to the City through the I-ISD Online Client Data System. Applications for financial assistance
must be completed via the HSD Online Client Data System. The Department will make
payments directly to vendors (i.e. utility companies, landlords, mortgage companies, etc.)
upon authorization by the Department.
D. SERVICE REQUIREMENTS
THE CITY SHALL provide services that are appropriate to the language, culture and
geographic location of the target population.
THE CITY SHALL provide on-site financial assistance services at a location(s) within the city
limits of the City of Scottsdale.
THE CITY SHALL provide personnel, supervision, staff training, equipment, materials and
supplies necessary to perform and provide crisis case management and financial assistance
services.
THE CITY SHALL utilize the HSD Online Client Data System to document and record all
services provided that are supported by MCHSD funds. Data entry must be complete by the
5th business day of the following month.
THE CITY SHALL complete data entry of all services and/or applications by the 5th business
day of the following month.
THE CITY SHALL ensure that applications for Department-funded assistance are reviewed
for quality assurance prior to submission to the Department for payment authorization.
THE CITY SHALL ensure that completed applications for financial assistance are submitted
by the Department within five days of application intake.
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Section III Crisis Case Management and Financial Assistance Services Work Statement
E. SERVICE GOALS
1. Assist low-income participants reduce or eliminate barriers to initial or continuous
employment.
2. To assist households in improving housing conditions and lowering utility costs
through home weatherization, repair or replacement of utility related appliances,
home repairs.
3. To reduce homelessness and help families move from unaffordable or unsafe
housing by assisting with first month's rent, rental security deposits and/or utility
deposits. ,
4. To prevent homelessness by assisting families with eviction prevention rent
assistance, mortgage foreclosure assistance and/or utility assistance.
5. To assist low-income families in accessing or maintaining telephone service through
enrollment in telephone discount programs.
6. To ensure that individuals know about and can access other community resources
and programs through provision of community information and referral.
7. To reduce immediate hunger by providing food boxes or referrals to sources of
immediate food.
8. To assist low-income, energy-burdened households maintain self-sufficiency
through enrollment in various utility discount programs.
9. To support households in maintaining or achieving self-sufficiency through crisis
case management to meet the household's immediate and basic needs.
10. Assist low-income individuals and/or households in achieving an increase in
financial assets and/or financial skills to achieve or maintain self-sufficiency.
F. MATERIALS/SERVICES PROVIDED BY MCHSD
1. Maricopa County Human Services Department/Community Services Division Policy &
Procedure Handbook.
2. HSD Online Client Data System
3. Training and technical assistance regarding:
• Department-funded crisis case management and financial assistance services.
• Use of the HSD Online Client Data System.
• Required Reports and Forms.
4. Program Monitoring and client file review
5. MCHSD Financial Assistance Vouchers
6. Other forms as necessary
G. REPORTING REQUIREMENTS
MCHSD reserves the right to add, remove, or revise reporting requirements at is discretion.
The City shall submit the following to MCHSD/CSD:
1. Results Oriented Management and Accountability (ROMA) data and/or reports no
later than the 10th business day after the end of each quarter of the fiscal year.
2. Other reports as required by the Department.
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Section HI Crisis Case Management and Financial Assistance Services Work Statement
3. Reports will be submitted to:
Maricopa County Human Services Department
Community Services Division
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004
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SERVICE 2013-049—COS
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