CATHOLIC CHARITIES AGREEMENT 2015-2016.PDF
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CONTRACT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CATHOLIC CHARITIES COMMUNITY SERVICES Agreement Amount: $9,347,485 Agreement Start Date: 7/1/2015 Agreement Termination Date: 6/30/2016 Contract Number: DUNS Number: 078993326 CFDA Number: 93.600 _____________________________________________________________________________ This Contract for Services Agreement (“Agreement”) is entered into by and between the Catholic Charities Community Services, (hereinafter referred to as the “Contractor”), and Maricopa County administered by its Human Services Department, (hereinafter referred to as the “County”). The Contractor and County are collectively referred to herein as the “Parties” and individually as a “Party.” The Contractor, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the services set forth herein. All rights and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including any Subcontracts, Amendments, or Change Orders as set forth herein and in: Section I – General Provisions Section II – Special Provisions Section III – Work Statement Section IV – Compensation Attachment A: Required Certifications and Assurances Attachment B: 2015-2016 Program Sites and Options Attachment C: Technology Standard ______________________________________________________________________________ Contractor Representative: Paul Mulligan Phone: 602-285-1999 Email: pmulligan@cc-az.org Address: 4747 North 7th Ave., Phoenix, AZ 85013 County Representative: Bruce Liggett, Department Director Phone: 602-506-5911 E-mail: liggettb@mail.maricopa.gov Address: 234 N. Central, Suite #3201, Phoenix, AZ 85004 Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective three (3) days after being mailed unless otherwise indicated in the notice. This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the State of Arizona, County, or the State or federal court. IN WITNESS THEREOF, the Parties have signed this Agreement: Approved By: Approved By: CONTRACTOR MARICOPA COUNTY ______________________________________ ____________________________________ Authorized Signature Chairman, Board of Supervisors ___________________ ___________________ DATE DATE Attested to: ____________________________________ Clerk, Board of Supervisors ___________________ DATE This Agreement has been reviewed by the undersigned In accordance with A.R.S. §§ 11-201 and 11- Ronald M. Stoll, who: (a) is an attorney licensed to 251 this Agreement has been reviewed by the practice in Arizona; (b) is acting as the attorney for the undersigned Deputy County Attorney who Contractor; and (c) has determined for the benefit of the has determined that this agreement is proper Contractor that this amendment is within the power and in form and within the power and authority authority of the Contractor based solely on his review of granted under the laws of the State of the articles of incorporation of the Contractor which were Arizona. available on the website of the Arizona Corporation Commission on April 28, 2015 and copies of the bylaws of the Contractor which the Contractor provided to him. The undersigned has not made any determination as to the validity or enforceability of this Amendment by or Approved as to Form: against any person or that this Agreement memorializes the Agreements of the parties in regards to its subject matter; and the undersigned's approval of the _________________________________ Agreement's shall not be deemed approval of its contents. Deputy County Attorney Approved as to Form: ___________________ Date Attorney for the Contractor Date SECTION I GENERAL PROVISIONS Maricopa County Human Services Department Section III Work Statement Page 1 A. EFFECT To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall control. To the extent that the Work Statement is in conflict with the General Provisions or the Special Provisions, the Work Statement shall control. To the extent that the Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work Statement, the Compensation Provisions shall control. Nothing herein shall operate to increase the operating Budget without a written amendment thereto. B. DEFINITIONS As used throughout this agreement, the following words and terms shall have the following meanings: 1. Agreement means this Contract between Maricopa County, administered by its Human Services Department, and the Contractor. 2. Assistant Director means the Director of a specific Division within the Human Services Department. 3. Board of Supervisors means the Maricopa County Board of Supervisors. 4. Contract Administrator means the person administering this agreement on behalf of the Department. 5. Contractor means the person, firm or organization listed on the cover page of this agreement. 6. Contract Specialist means the liaison between the Department and the Contractor. The Contract Specialist is responsible for monitoring this agreement and providing technical assistance to the Parties. 7. County means Maricopa County, a political subdivision of the State of Arizona. 8. Department means the Maricopa County Human Services Department. 9. Director means the Director of the Maricopa County Human Services Department. 10. Division means a section of the Human Services Department. 11. Fidelity Bond means a bond to indemnify the Contractor against losses resulting from fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a position of trust. 12. Juvenile means any person under the age of eighteen (18). 13. Payment Bond means a bond executed to ensure payment as required by law of all persons performing work or providing materials in the execution of work provided under this agreement. 14. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's obligations under this agreement. 15. Program Manager means the Assistant Director of a Division of Human Services. 16. Provider means the Contractor and any Subcontractor providing services under this agreement. 17. Public Agency has the meaning prescribed by A.R.S. § 11-951. 18. Subcontract means any contract entered into by the Contractor with a third party for performance of any of the work or the provision of any of the services under this agreement. 19. Subcontractor means an entity employed by or funded through the Contractor to perform any of the work or provide any of the services under this agreement. 20. Sub-recipient means the Contractor when the County is the recipient of grant funding. 21. Work Statement means Section III of this agreement which describes the services to be delivered under this agreement. Section I General Provisions Page 2 C. GENERAL REQUIREMENTS 1. The terms of this agreement shall be construed in accordance with Arizona law. Any lawsuit arising out of this agreement shall be brought in the appropriate court in Maricopa County, Arizona. 2. Contractor shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. 3. Contractor is an independent contractor in the performance of all work and the provision of all services under this agreement and Contractor shall not be considered an officer, employee, representative, or agent of the County. 4. Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization that has a substantial interest in Contractor's organization or with which Contractor (or any of its directors, officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has made full written disclosure of the proposed payments to the Department and has received written approval therefore. 5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. D. AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. E. ASSIGNMENT AND SUBCONTRACTING No right, liability, obligation or duty under this Agreement may be assigned, delegated or subcontracted, in whole or in part, by Contractor without the prior written approval of the Contract Administrator. Contractor shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the Department agrees otherwise. F. AVAILABILITY OF FUNDS 1. The provisions of this agreement relating to the payment for services shall become effective when funds assigned for the purpose of compensating the Contractor, as provided herein, are actually available to the Department for disbursement. The Director shall be the sole authority in determining the availability of funds under this agreement and the Department shall keep the Contractor fully informed as to the availability of funds. 2. If any action is taken by any State agency, federal department or any other agency or instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with this agreement, the Board of Supervisors may amend, suspend, decrease or terminate its obligations under or in connection with this agreement. In the event of termination, the County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this agreement. The Department shall give written notice of the effective date of any suspension, amendment, or termination under this section at least ten (10) calendar days in advance. G. BUDGET ADJUSTMENTS Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the expiration date of this agreement. Requests for financial adjustments to this agreement shall be Section I General Provisions Page 3 supported by appropriate documentation. If the County agrees to the budget adjustments, the County shall follow section D of this agreement to amend this agreement. H. DISPUTES 1. Except as may otherwise be provided for in this agreement, any dispute arising out of this agreement that is not resolved between the Parties within a reasonable period of time, which shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the following dispute resolution process. 2. Notice of the specific grounds of a dispute shall be in writing and filed with the Contract Administrator, if one has been appointed, or, if not, with the County Procurement Officer within ten (10) working days from the date Contractor knew or should have known of the basis of the dispute. The Contract Administrator or County Procurement Officer, as applicable, shall respond in writing to Contractor within fourteen (14) working days. The decision of the Contract Administrator or County Procurement Officer shall be final and conclusive unless, within seven (7) working days from the date Contractor is served with the decision, Contractor files a written notice of appeal with the County’s Chief Procurement Officer, who shall provide Contractor with a written response within fourteen (14) working days following receipt of Contractor’s notice of appeal. The decision of the County’s Chief Procurement Officer shall be final and not appealable. 3. Pending a final decision of the County’s Chief Procurement Officer, the Contractor shall proceed diligently with its performance of this agreement in accordance with the Contract Administrator or County Procurement Officer’s decision. I. 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: 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, 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. J. DEFAULT This Agreement may be immediately terminated by the County if Contractor fails to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes Contractor’s ability to perform any of its obligations under this Agreement. The County reserves the right to have service provided by persons other than Contractor if Contractor is unable or fails to provide required services with the specified time frame. K. TERM: This agreement is effective July 1, 2015 through June 30, 2016. Section I General Provisions Page 4 L. TERMINATION 1. Pursuant to A.R.S. §38-511, the County may cancel this Agreement without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of the Agreement with respect to the subject matter of the Agreement. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Agreement 2. Either Party may terminate this agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth on the cover page of this agreement. 3. This agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 4. The County has the right to terminate this agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the service recipients are endangered or the Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this agreement shall terminate upon the expiration of the term of this agreement stated on the cover page of this agreement. M. SEVERABILITY Any provision of this Agreement that is determined to be invalid, void or illegal by a court shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall remain in full force and effect. N. STRICT COMPLIANCE The Department’s acceptance of Contractor’s performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. O. NON-LIABILITY The County, its officers, representatives, agents and employees shall not be liable for any act or omission by Contractor, or any Subcontractor or any officer, representative, agent, or employee of the Contractor or any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts made by Contractor, any Subcontractor, or any officer, representative, agent, or employee of Contractor or any Subcontractor, in connection with this Agreement. P. RECIPROCAL INDEMNIFICATION Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter collectively referred to as “Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the extent that such claims, which result in vicarious liability to the Indemnitee, are caused Section I General Provisions Page 5 by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Q. TECHNICAL ASSISTANCE The Department shall provide reasonable technical assistance to Contractor to assist Contractor in complying with state and federal laws, regulations, and accountability for diligent performance and compliance with the terms of this Agreement and all applicable laws, regulations and standards. However, this assistance shall not relieve Contractor of full liability, responsibility and accountability for its actions and performance to comply with the terms of this Agreement. R. SINGLE AUDIT ACT REQUIREMENTS Contractors in receipt of federal funds through the Department are subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). Contractor shall comply with OMB Circular A-133. Upon completion, such audits shall be made available for public inspection. Audits shall be submitted within the twelve (12) months following the close of the fiscal year. Contractor shall take corrective actions within six (6) months of the date of receipt of the reports. The Department shall consider sanctions as described in OMB Circular A-133 if Contractor does not comply with the audit requirements. S. AUDIT DISALLOWANCES 1. Contractor shall, upon written notice thereof, reimburse the County for any payments made under this agreement that are disallowed by a federal, state, or county audit in the amount of the disallowance, as well as all court costs and attorney’s fees the County spends to pursue legal action relating to a disallowance. Court costs and attorney’s fees incurred shall be specifically identified as applicable to the recovery of the disallowed costs in question. 2. If the County determines that a cost for which payment has been made is a disallowed cost, the Department shall notify the Contractor in writing of the disallowance and the required course of action, which shall be at the option of the Department to either adjust any future claim submitted by Contractor by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Contractor issuing a check payable to the County. T. STAFF AND VOLUNTEER TRAINING The Department may make available to Contractor the opportunity to participate in any applicable training activities conducted by the Department. U. CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, Contractor shall comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance under this Agreement. V. LOBBYING 1. No federal appropriated funds have been paid or will be paid by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. Section I General Provisions Page 6 2. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. W. RELIGIOUS ACTIVITIES Contractor warrants that none of its costs and none of the costs incurred by any of its Subcontractors will include any expense for any religious activity. X. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services contributed by the County or Contractor under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Y. COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or entity has been employed or retained by it to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. Z. SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by Contractor of any information concerning an applicant for, or recipient of, services under this agreement is directly limited to the conduct of this agreement. Contractor and its agents shall safeguard the confidentiality of this information, just as Contractor would safeguard its own confidential information. Contractor shall include a clause to this effect in all Subcontracts related to this agreement. The Contractor shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. § 41-161 et.seq. AA. RIGHTS IN DATA The Parties shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance hereunder. BB. COPYRIGHTS If this Agreement results in a book or other written material, the author is free to copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, and otherwise use and to authorize others to use, all copyrighted material and all material that may be copyrighted as a result of this Agreement. CC. PATENTS Any discovery or invention arising out of, or developed in the course of, work under this Agreement shall be promptly and fully reported to the Department for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. Section I General Provisions Page 7 DD. AGREEMENT COMPLIANCE MONITORING The Department shall monitor Contractor's compliance with, and performance under, the terms of this agreement. On-site visits for compliance monitoring may be made by the Department and/or its grantor agencies at any time during Contractor's normal business hours, announced or unannounced. During an on-site visit, Contractor shall make all of its records and accounts related to work performed and services provided under this agreement available to the Department for inspection and copying. EE. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS 1. Contractor shall, during the term of this agreement, immediately inform the Contract Administrator in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this agreement. Contractor’s failure to notify the Department of any such agreement shall be a breach of this agreement and the County may immediately terminate this agreement without liability. 2. The Contract Administrator may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) working days, a copy of all such other agreements or grants, when, in the opinion of the Contract Administrator, the award of the agreement or grant may affect the costs being paid or reimbursed under this agreement. 3. If the Contract Administrator determines that the award to Contractor of such other agreement or grant has affected the costs being paid or reimbursed under this agreement, the Contract Administrator shall prepare an amendment to this agreement effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section of this agreement. FF. MINIMUM WAGE REQUIREMENTS Contractor warrants that it shall pay all its employees who are performing work or providing services under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.). GG. RECOGNITION OF DEPARTMENT SUPPORT Contractor shall give recognition to the Department, the County, and the funding source for their support when the Contractor publishes materials or releases public information that is paid for in whole or in part with funds received by Contractor under this Agreement. HH. INSURANCE Contractor, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies who are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. Contractor may be reimbursed by the County for insuring Early Head Start classrooms only. 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. Contractor’s insurance shall be primary insurance as respects County, and any insurance or self- insurance maintained by County shall not contribute to it. Section I General Provisions Page 8 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect County. 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. County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance certificates. County shall not be obligated to review policies and/or endorsements or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this Contract. The insurance policies required by this Contract, except Workers’ Compensation, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insured’s. The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary insurance and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E). Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for 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. Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. Section I General Provisions Page 9 Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor pursuant to this Contract. 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 children/elderly and disabled persons should have their policies specifically endorsed to include this coverage. Commercial General Liability – Occurrence Form: 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". Minimum Limits: General Aggregate $4,000,000 Each Occurrence Limit $2,000,000 Sexual Abuse/Molestation $2,000,000 Certificates of Insurance: Upon Contract execution, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract, 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. Cancellation and Expiration Notice: Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. II. GRIEVANCE PROCEDURE Contractor shall establish a system through which applicants for and recipients of services may present grievances and may take appeals about eligibility and other aspects of Contractor's work under this Agreement. The grievance procedure shall include provisions for notifying the applicants for and recipients of services of their eligibility or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied by Contractor. Section I General Provisions Page 10 JJ. NONDISCRIMINATION Contractor, in connection with any service or other activity under this Agreement, shall not in any way discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation, or belief. Contractor shall include this clause in all of its Subcontracts related to this Agreement. KK. EQUAL EMPLOYMENT OPPORTUNITY Contractor shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall, to the extent such provisions apply, comply with Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, which mandates that all persons shall have equal access to employment opportunities. LL. FINANCIAL MANAGEMENT Contractor shall establish and maintain a separate, interest-bearing bank account for money provided under this agreement, or shall establish an accounting system that assures the safeguarding and accountability of all money and assets provided under this agreement. No part of the money deposited in the bank account shall be commingled with other funds or money belonging to Contractor. All interest earned on the account shall be disbursed in a manner specified by the County in accordance with applicable State and federal regulations. Contractor shall provide a signed bank account agreement authorizing the County to obtain information about the account. If an accounting system is used, it shall be in accordance with generally accepted accounting principles. MM. RETENTION OF RECORDS 1. This provision applies to all financial and programmatic records, supporting documents, statistical records and other records of Contractor that relate to this agreement. 2. Contractor shall retain all records related to this agreement for six (6) years after final payment or until after the resolution of any audit questions, which could be more than six (6) years, whichever is longer. The Department, federal and state auditors, and any other persons duly authorized by the Department shall have full access to and the right to examine, copy and make use of any and all of the records. NN. ADEQUACY OF RECORDS If Contractor’s books, records and other documents related to this agreement are not sufficient to support and document that allowable services were provided to eligible participants, Contractor shall reimburse the County for the services not supported and documented. OO. COMPETITIVE BID REQUIREMENTS 1. Equipment If this agreement is with other than a Public Agency, Contractor shall obtain all equipment to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost pursuant to the following competitive bidding system: Section I General Provisions Page 11 a. Procurements in excess of $300, but less than $1,000, require oral price quotations from two (2) or more vendors. Contractor shall keep and maintain a record of the vendors’ verbal quotations. Contractor’s award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. b. Procurements exceeding an aggregate amount of $1,000 shall be approved by the Contract Administrator. At least three (3) bidders shall be solicited to submit written quotations. Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 2. Supplies If this Agreement is with other than a Public Agency, Contractor shall obtain all supplies to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost and pursuant to a system of written quotes whenever the price is expected to be greater than $300, unless the Contractor obtains the Contract Administrator’s prior written approval to purchase supplies by an alternate method. 3. Minority, Women and Small Business Enterprises Contractor shall take affirmative steps to provide an opportunity for minorities, women, and small businesses to compete in the procurement of equipment and supplies under this Agreement. 4. If Contractor is a Public Agency, Contractor's own bidding procedures shall govern. 5. Funding source requirements relating to competitive bid procedures may supersede any or all subparts of this clause and will be specified in the Special Provisions Section of this Agreement. PP. PROPERTY Any property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the Department, and title to all such property shall revert to the County upon the expiration or termination of this Agreement, unless the Contract Administrator determines otherwise. The costs to repair such property are the responsibility of Contractor within the limits budgeted herein. Repair costs beyond the budgeted amount shall be approved by the Contract Administrator. QQ. IMMIGRATION REFORM AND CONTROL COMPLIANCE Contractor understands and acknowledges that the Immigration Reform and Control Act of 1986 (Pub. L. No.99-603) (“IRCA”) applies to this Agreement. Contractor shall comply with the IRCA in performing under this Agreement and shall grant the County access to inspect its personnel records to verify such compliance. RR. DRUG FREE WORKPLACE ACT Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that Contractors and grantees of federal funds must certify that they will provide drug-free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. SS. GOVERNOR’S EXECUTIVE ORDER NO. 88-26 Contractor shall use the Arizona Taxonomy of Human Services for reporting and contracting purposes. TT. EMPLOYMENT DISCLAIMER Section I General Provisions Page 12 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. The Parties agree that no individual performing under this Agreement on behalf of Contractor may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue to or apply to any such individual. Contractor shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and Contractor shall indemnify, defend and hold harmless the County with respect thereto. The Parties agree that no individual performing under this Agreement on behalf of Contractor may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue to or apply to any such individual. Contractor shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and Contractor shall indemnify, defend and hold harmless the County with respect thereto. UU. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The undersigned, by signing this Agreement, represents that he/she has the authority to bind Contractor to the terms of this Certification. Contractor, as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with the commission of any of the offenses enumerated in subparagraph 2 above; 4. Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default; 5. Shall immediately notify the Department if, at any time during the term of this Agreement, it is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability; and 6. Shall not enter into a subcontract or sub-recipient agreement with any person or organization that is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability. Section I General Provisions Page 13 Contractor shall include, without modification, the language of this Certification, in all agreements with all sub-recipients and other subcontractors; in all lower tier covered transactions, and in all solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76. If Contractor is not able to provide this Certification, an explanation as to why shall be immediately provided to the Department Representative at the address set forth on the Cover Page of this Agreement. VV. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES § 23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS By entering into this Agreement, Contractor represents and warrants that it is in compliance with the Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) and all other federal and State immigration laws and regulations related to the immigration status of its employees. Contractor shall obtain statements from its Subcontractors certifying such compliance and shall furnish the statements to the Department upon request. These representations and warranties shall remain in effect throughout the term of this Agreement. Contractor and its Subcontractors shall also maintain Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603), for all employees performing work under this Agreement. I-9 forms are available for download at USCIS.GOV. Contractor agrees to verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further represents: 1. That Contractor and its Subcontractors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214; 2. That breach of the warranty under subparagraph 1 above shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 3. That the County and any contracting government entity retains the legal right to inspect the papers and employment records of any Contractor or Subcontractor employee who works under this Agreement to ensure that the Contractor and its Subcontractor are complying with the warranty provided under subsection 1 above, and that Contractor agrees to make all papers and employment records of said employee(s) available to the County during normal working hours in order to facilitate such an inspection. WW. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 1. The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 2. Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request; and Section I General Provisions Page 14 3. Contractor shall insert the substance of this clause, including this paragraph (3), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). SECTION II SPECIAL PROVISIONS MARICOPA COUNTY HUMAN SERVICES DEPARTMENT Section II Special Provisions Page 1 A. STANDARDS Contractor shall perform the work and provide the services as identified in Section III, the Work Statement, and shall immediately notify the Contract Administrator whenever the Contractor is unable to, or anticipates an inability to, perform any of the work, or provide any of the services required by the terms of this Agreement. B. MODIFICATION OF GENERAL PROVISIONS Delete the following paragraphs from the Section I General Provisions: G. Budget Adjustments NN. Competitive Bid Requirements C. CHANGE ORDERS 1. The Director may, at any time, by a written Change Order, make changes within the general scope of this Agreement in any one or more of the following areas: a. Work Statement activities reflecting changes in a funding source or the Department’s regulations, policies, or requirements. b. Reallocation of budget line item amounts in accordance with funding sources or the Department’s regulations, policies, and requirements, or whenever any budget line item increases or decreases by ten percent (10%) or one hundred dollars ($100), whichever is greater, during the term of this Agreement. Change Orders may be issued quarterly. c. Administrative requirements, such as reporting format quality and/or quantity, as required by the funding source or the Department’s regulations, policies, or requirements. 2. Change Orders shall not increase or decrease the Operating Budget total (Agreement Amount) without written approval of the Parties. Change Orders shall substantively change the services to be rendered by the Contractor without the prior written agreement of the Parties. 3. Any dispute or disagreement arising out of a Change Order shall constitute a “dispute” under the Dispute Clause of the General Provisions of this Agreement and shall be administered accordingly. D. COMPLIANCE WITH LAWS, RULES & REGULATIONS Contractor shall comply with all applicable laws, rules, and regulations, without limitation, to those designated within this Agreement and including the following: • 45 CFR Part 74 Uniform Administrative Requirements • 2 CFR Part 230 Cost Principles • Head Start Act • Head Start Policy Statement Contractor shall grant access the Department, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Mandatory 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). E. FEDERAL AWARD AUTHORITY Federal Agency: US Department of Health and Human Services CFDA No.: 93.600 Section II Special Provisions Page 2 Award Recipient Maricopa County Award No.: 09CH7096 Award Authority: 42 USC 9801 ET SEQ. F. COMPLIANCE WITH APPROVED WORK PROGRAM The Contractor shall provide a comprehensive child development and family support program in compliance with Head Start guidelines, revised Head Start Performance Standards as amended (42 U.S.C. 9801 et.seq.), 45 CFR Parts 1301 through 1311, issued by the Administration for Children, Youth and Families, United States Department of Health and Human Services (ACF/HHS), the Head Start Act, and the services and budget outlined in the Contractor’s Annual Grant Application. The Grantee shall review program, functions, and activities to assure the goals of the Head Start program are met. G. AVAILABILITY OF FUNDING Performance under this Agreement, or any modifications or amendments to this contract, is subject to the availability of funding. Contractor is not to begin work or incur expenses in any given funding period until a Maricopa County Human Services Department Financial Assistance Award is issued. If Contractor performs under this contract during any funding period prior to receipt of the Financial Assistance Award, such performance is solely at the Contractor’s risk. H. TERMINATION In addition to the terms for terminating this contract as outlined in Section I of the General Provisions, Contractor may appeal Department’s termination of this contract in accordance with requirements of Head Start Performance Standard 1303. I. DHHS CERTIFICATIONS AND ASSURANCES Contractor must signify compliance with the DHHS Compendium of Required Certifications and Assurances, SF424 Assurances-Non-Construction Programs (SF 424B) by signing the SF424B that is included in Appendix A and incorporated into this contract, and by signing and submitting the SF424B with each annual Grant Application. J. AUDIT REQUIREMENTS In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file with the Human Services Department, either: 1. Audited financial statements prepared in accordance with federal single audit requirements or, 2. Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. K. COMPETITIVE BID REQUIREMENTS 1. Equipment The Contractor shall obtain all equipment to be utilized in the performance of the Agreement, and purchased with funds provided under this Agreement, at the lowest practical cost and shall purchase by a system of competitive bidding as follows: a. Procurements in excess of $1,000 per item but less than $5,000 per item require oral price quotations from two or more vendors. A record of the vendors’ verbal quotations will be maintained. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. b. Procurements exceeding an aggregate amount of $5,000 must be purchased through a system of written quotations. At least three bidders shall be solicited to submit written Section II Special Provisions Page 3 quotations. The Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 2. Supplies The Contractor shall obtain all supplies to be utilized in the performance of the Agreement, and purchased with funds provided under this Agreement, at the lowest practical cost and shall purchase by a system of competitive bidding as follows: a. Procurements in excess of $1,000 per item but less than $5,000 per item require oral price quotations from two or more vendors. A record of the vendors’ verbal quotations will be maintained. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. b. Procurements exceeding an aggregate amount of $5,000 must be purchased through a system of written quotations. At least three bidders shall be solicited to submit written quotations. The Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 3. Minority/Women and Small Business Enterprises The Contractor shall take positive steps to provide an opportunity for minority/women and small businesses to compete in the procurement of equipment and supplies. L. CRIMINAL BACKGROUND CHECKS 1. Personnel who are employed by Contractor, whether paid or not, shall have a Level One Arizona Department of Public Safety Fingerprint Clearance Card as a condition of employment. Personnel, whether paid or not, may begin work without this Fingerprint Clearance Card provided a statewide criminal background check was completed and showed no convictions of any criminal offense listed in A.R.S. § 41-1758.07(B), and an application for a Fingerprint Clearance Card has been submitted to the Arizona Department of Public Safety. Volunteers are defined for the purposes of this section as unpaid personnel. 2. Contractor shall assume the costs of Fingerprint Clearance Cards and may charge these costs to its personnel. The Department may allow all or part of the costs of Fingerprint Clearance Cards to be included as an allowable cost under this Agreement. 3. Personnel who are employed by the Contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall complete and sign the Criminal History Affidavit Form (CCL Form 285) provided by the Arizona Department of Health Services/Office of Child Care Licensing stating whether: a. They are awaiting trial on or have ever been convicted of any criminal offense listed in A.R.S. § 41-1758.07(B), in Arizona or any similar offense in another state or jurisdiction prior to the performance of any job duties by the Contractor that require or allow the employee to provide services directly to juveniles. b. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in Arizona or any other state. c. They have not been denied or had revoked a certification to work in a child care facility or child care group home. 4. This Agreement may be cancelled or terminated if the Fingerprint Clearance Card is denied or revoked or the affidavit provided by any person, who is employed by the Contractor, whether paid or not, and who is required or allowed to provide services directly to Section II Special Provisions Page 4 juveniles, discloses that a person has committed any criminal offense listed in A.R.S. §41- 1758.07 (B), or has not received an interim approval from the Board of Fingerprinting pursuant to A.R.S § 41-619.55 (I). 5. Contractor may avoid cancellation or termination of this Agreement, if the person whose Fingerprint Clearance Card is denied or revoked or affidavit shows that he or she has been convicted of or is awaiting trial on any offense listed in A.R.S. § 13-705(B) by immediately prohibiting that person from employment or service in any capacity requiring or allowing contact with juveniles. 6. Parents, including foster parents and guardians, who are not employees of the Contractor and who participate in the activities with their children under the supervision of and in the presence Contractor’s personnel, are exempt from the requirements of this section. M. CONTRACTOR CHANGES The Contractor is required to notify the Department Director, in writing, within fifteen (15) calendar days, of any changes in the following: Agency staff funded with this contract Agency authorized signatory Agency address, phone, fax or email addresses Person to whom Agreement notices should be sent any variation of insurance required by this Agreement N. COMPUTER SOFTWARE POLICY The contractor shall comply with Federal copyright laws applicable to software licenses. In addition, all policies and agreements between the Department and the Contractor related to contract equipment, software, internet accessible database system, and access shall be implemented and monitored. Contractor will be required to submit an inventory of all county provided hardware and software to the Head Start Assistant Director. O. DATA COLLECTION AND MANAGEMENT Eligibility determination and documentation shall be completed for all applicants/clients and appropriate household members receiving services through this contract. The Contractor is responsible for adhering to data entry requirements and for the timely, accurate data entry of information. P. REPORTING REQUIREMENTS Unless otherwise provided in this contract, reporting shall adhere to the following schedule: no later than the 10th working day following each month during the contract term, the Contractor shall submit programmatic and financial reports to the Department in the form set forth in this Agreement. Failure to submit accurate and complete reports by the 10th working day following the end of a month may result, at the option of the Department, in retention of payment. 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 such payment. Contractor shall submit to the Department all final program and fiscal reports no later than the designated date, to be determined by the Department, following the termination of this contract. Failure to submit final program and fiscal reports within the designated time period may result, at the option of the Department, in forfeiture of final payment. Section II Special Provisions Page 5 Q. PERSONNEL The Contractor's personnel working under this Agreement shall be qualified to carry out all duties and requirements set forth in this Agreement. Contractor shall ensure services are provided as reflected in Section III Work Statement as set forth in this Agreement. R. UNALLOWABLE COSTS The cost principles set forth in the Code of Federal Regulations, 48 CFR, Chapter 1, Subchapter e, Part 31, (October 1, 1991), including later amendments and editions on file with the Arizona Secretary of State and incorporated by this reference, shall be used to determine the allow ability of incurred costs for the purpose of reimbursing costs under contract provisions that provide for the reimbursement of costs. Those costs which are specifically defined as unallowable therein will not be submitted for reimbursement by the Contractor and may not be reimbursed with Department funds. In addition, the Contractor shall comply with the following publications (including subsequent revisions), as applicable: 1. OMB Circular A-122 (now relocated to 2 CFR, Part 230) for private non-profit organizations other than institutions of higher education, hospitals or others specified in A-122. 2. OMB Circular A-133 for audits of institutions of higher education and other non-profit institutions. S. SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by Contractor of any information concerning an applicant for, or recipient of, services under this Agreement is directly limited to the conduct of this Agreement. Contractor and its agents shall safeguard the confidentiality of this information, just as Contractor would safeguard its own confidential information. Contractor shall include a clause to this effect in all Subcontracts related to this Agreement. The Contractor shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. § 41-161 et. seq. T. FORCE MAJEURE: Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 1. Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 2. The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. Section II Special Provisions Page 6 3. The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non-performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion. U. RELATIONSHIPS: Notwithstanding any other terms of the this agreement, 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. X. USE OF MODULAR BUILDINGS Contractor shall have exclusive use of the Modular Buildings (Site locations below) purchased from Department of Health Services (DHHS) funding for the operation of Head Start classrooms and no other purpose. Contractor shall have access to the Premises twenty-four (24) hours per day and seven (7) days per week. Contractor is hereby granted a non-exclusive right to use in common with County, other tenants and occupants and other parties authorized by County, their respective employees, agents, contractors, customers and invitees, such sidewalks, hallways, stairways, toilets, elevators and other common areas and facilities as County shall from time to time designate for common use (“Common Areas”). Contractor shall be responsible for the maintenance, normal repairs, improvements, and any land lease to insure continued use of the modular buildings for its use in operating Head Start classrooms. Contractor is responsible for insurance coverage over the building contents and liability, while structural coverage will be the responsibility of the County. In the event these Buildings are no longer needed for this purpose; Contractor will provide written notification per the terms of the contract of its intent to discontinue its usage Site Locations: Glendale Burton 4801 W Maryland Ave Glendale AZ 85301 Peoria CDC 11708 N 80th Ave Peoria AZ 85345 Tolleson 9301 W Baden Tolleson AZ 85353 Imes 6625 N 56th Ave Glendale AZ 85301 Buckeye Elementary 405 7th Street Buckeye AZ 85326 Glendale Sine 4933 W Orangewood Ave Glendale AZ 85301 Lamar 6331 W Lamar Rd Glendale AZ 85301 Glendale Mensendick 5535 N 67th Ave Glendale AZ 85301 Ocotillo 6242 N 59th Ave Glendale AZ 85301 Glendale Jack 6600 W Missouri Ave Glendale AZ 85301 Y. SERVICES TO ARIZONA DEPARTMENT OF CORRECTIONS Contractor shall provide Early Childhood services to Arizona Department of Juvenile Corrections (ADJC) as subcontractor as identified in the Work Statement and Exhibit 1 of this agreement in accordance with the agreement between Maricopa County and ADJC for these services. SECTION III WORK STATEMENT MARICOPA COUNTY HUMAN SERVICES DEPARTMENT Section III Work Statement Page 1 A. DEFINITIONS 1. Assessment means the ongoing procedures used by appropriate qualified personnel throughout the period of a child’s eligibility to identify: (1) the child’s unique strengths and needs and the services appropriate to meet those needs; (2) the resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their child; and (3) the children’s developmental and educational progress. 2. ACF means Administration for Children and Families. 3. Center Based Child means a child attending a Head Start or Early Head Start classroom. 4. Center Based Program means Head Start or Early Head Start program service option conducted in a classroom 5. Children with Disabilities means a. For children ages 0-3 years, those with disabilities as identified under the Part C Program of the Individuals with Disabilities Education Act. b. For children ages 3 to 5, those with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple disabilities, and who, by reason thereof, need special education and related services received through an IEP. 6. Classroom means a space in a Head Start or Early Head Start Center where children are engaged in Head Start or Early Head Start activities. 7. Collaboration and Collaborative Relationships means planning and working with other agencies in order to improve, share and augment the services, staff, information and funds and with parents, means working in partnership with them. 8. Combination Option means Head Start or Early Head Start services provided to children in both a Center and Home Based Program. 9. Agreement Administrator means the person responsible for administering this Agreement on behalf of the Department. The Contract Administrator is responsible for Agreement monitoring and technical assistance between the Department and the Contractor. 10. Contractor means the recipient of funds from the Department and responsible for service delivery. Also referred to as Delegate Agency. 11. Days of Operation means the planned days during which children will be receiving direct Head Start or Early Head Start component services in a classroom or a field trip. 12. Delegate Agency means the recipient of funds from the Department and responsible for service delivery. Also referred to as Contractor. 13. Deficiency means a systematic or substantial material failure of Contractor as defined in Section 637(2) of the Head Start Act. 14. Department means the Maricopa County Human Services Department. Also referred to as Grantee or Grantee Agency. 15. DHHS means the U. S. Department of Health and Human Services. 16. Early Head Start means a program that is funded under the Head Start Act and carried out by a Head Start Grantee or Delegate Agency that provides comprehensive child development services to children 0-3 years of age, pre-natal and post-natal education to pregnant women and supports parents as the primary educators and nurturers of their children. 17. Education Plan (EP) means a written record drawn up for each child listing functional assessment, (based on teacher observations, developmental assessments and work Section III Work Statement Page 2 samples) long and short term goals and home and school strategies and activities which may contribute to the child’s progress toward these goals. 18. Family means all persons living in the same household who are: supported by the income of the parent(s) or guardian(s) of the child enrolling or participating in the program; and are related to the parents by blood, marriage, or adoption. 19. Grant Plan Application means the annual grant application that identifies the goals during the program year, including school readiness goals, and objectives for each component area and the methodology for implementing them. 20. Grantee means the Maricopa County Human Services Department. Also referred to as Department or Grantee Agency. 21. Head Start means a program funded under the Head Start Act and carried out by a Head Start agency or a delegate agency that provides comprehensive child development services to children 3-5 years of age and supports parents as the primary educators and nurturers of their children. 22. Head Start Act means 42 U.S.C. 9801 et.seq. 23. Head Start Performance Standards means Federal regulations governing Head Start and Early Head Start Programs and codified in Federal law as 45CFR Parts 1301-1311. 24. Health means medical, dental, nutritional and mental well-being. 25. Health Department means the Maricopa County Health Department. 26. Home Base Families means those families accepted into the Home Base program option. 27. Home Base Program means a Head Start or Early Head Start program service option where services are provided in a child’s home. 28. Home Base Visitor means the staff providing the Home Base Program to families. 29. IEP means the Individual Education Plan for a child 3-5 years of age with disabilities stating specific special education services to be provided and those related services necessary for the child to participate. 30. IFSP means the Individual Family Service Plan for a child 0-3 years of age with disabilities issued by the Part C Program of the Individuals with Disabilities Education Act that outlines the major outcomes expected for the child and family, and the early intervention services necessary to help reach such outcomes. 31. Literacy is the knowledge, skills, and attitudes that come before and lead up to conventional reading and writing. It includes: learning to communicate and listen, learning the sounds of spoken language, learning about letters and the words they make, learning about the world around you. 32. Low-Income means a child or pregnant women whose total family income does not exceed 100% of the federal poverty guidelines, or receives TANF or SSI or is homeless as defined in Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 1143334a(2)). 33. Management Information System means an electronic system for recording tracking, and reporting on demographic and other information on the children and families enrolled in the program, services provided to enrolled children and families, staff employed in the program, and other program information. 34. Minimum Requirements means the level of compliance with Federal and State requirements that the Contractor must demonstrate such that no deficiency or area of non- compliance exists in its program. 35. Monitoring is a process to determine whether the Head Start or Early Head Start program is in compliance with the Head Start Act, Head Start Performance Standards, and this Agreement, and to recommend or require corrective action if necessary. Section III Work Statement Page 3 36. Monitoring Tool means the instrument required by the Department used to provide monitoring of Contractor’s services. 37. Non-Compliance means an area or areas of performance which a Head Start Grantee and/or Delegate Agency is not in compliance with State or Federal requirements, including but not limited to, the Head Start Act or one or more of the regulations under parts 1301 – 1311 of 45 CFR and Amendment 42 U.S.C. 9801 et.seq. 38. Non-Federal Share means, for the purpose of this Agreement, a twenty-five percent (25%) match against the federally funded portion of the Agreement amount that must be provided by the Contractor. Non-federal share must be provided through non-federal funds or through donated in-kind goods and services. All non-federal shares must meet the requirements of Head Start and other federal regulations governing matching funds and in-kind contributions. 39. Recruitment means a service that provides a systematic method to identify and directly contact persons in need of services. 40. Parent Committee means a committee composed of parents whose children are enrolled in the program and complies with the requirements of Head Start Performance Standard 1304.50(a)(1). 41. Parent Involvement means a service that provides for direct participation of the parents in the planning, decision-making and operations of the program and planned activities that support and enhance their parental role. 42. Policy Committee means the organized body mandated by Head Start Performance Standards to participate with the Contractor’s Board of Directors in the shared governance of Contractor’s Head Start and Early Head Start Program. 43. Professional Development means high quality activities that will improve the knowledge of Head Start and Early Head Start teachers and staff, as defined in Section 637(21) of the Head Start Act. 44. Program Attendance means the actual presence and participation of a child enrolled in the Head Start or Early Head Start program. 45. Quality Improvement Plan (QIP) means a plan mandated by Head Start Act to correct identified program deficiencies with corrective action activities and timetable for accomplishment. 46. School Readiness means the extent to which a child meets criteria that indicate the child’s preparation for Kindergarten. 47. Staff means paid adults who have responsibilities related to children and their families who are enrolled in the Head Start or Early Head Start program. 48. Staff Development and Training means a service that provides an assessment of training needs, development and provision of training materials, training delivery, and training evaluation. 49. Socialization means providing each Home Base child an opportunity to participate together with parents and other Home Base children, and the Home Base Visitor in group activities for a minimum time as specified in the Head Start Performance Standards and program guidelines. 50. Teacher means an adult who has direct responsibility for the care and development of children from birth to 5 years of age in a center-based setting. 51. Transition Services means assisting parents become their children’s advocate as they enter into Head Start or Early Head Start or as they leave Head Start or Early Head Start and enter another program or public school. Section III Work Statement Page 4 52. Volunteer means an unpaid person who is trained to assist in implementing ongoing program activities under the supervision of a staff person in areas such as health, education, transportation, nutrition, and management. B. PURPOSE This agreement formalizes the delegation of program operations between Maricopa County (Department and Head Start Grantee) and Catholic Charities Community Services, Inc. (Contractor and Delegate Agency) as provided for in the Head Start Act and the Head Start Performance Standards and as approved by the responsible Official within the U.S. Department of Health and Human Services (DHHS). Contractor is authorized to provide Head Start and Early Head Start services in the west Valley of Maricopa County, west of 43rd Avenue, outside of the corporate limits of the City of Phoenix. Contractor shall provide services to 1,250 children 0-5 years of age, as outlined below, who are eligible for a period of one year, beginning July 1, 2015 and ending June 30, 2016. Funded Enrollment: 1,099 Head Start 151 Early Head Start 1,250 Total Children C. CONTRACTOR RESPONSIBILITIES Contractor shall implement all activities consistent with its current Grant Plan Application, the approved budget, the Head Start Act, the Head Start Performance Standards, all related federal regulations, and all Program Instructions and Information Memorandum issued by the Office of Head Start. These activities, in part but not exclusively, are as follows: 1. Program Design And Management a. Program Governance - The Contractor must develop and maintain a system of shared governance through which Parent Committees, the Policy Committee and Contractor’s governing board can participate in the formal structure of shared governance and shared decision-making as outlined in Head Start Performance Standard 1304.50 and the Head Start Act. i. Establish bylaws that are approved by both the Policy Committee and the Contractor’s Board of Directors and that define the Policy Committee’s purpose, its membership and how members are selected, and how the Policy Committee operates and functions. ii. Conduct a minimum of ten (10) Policy Committee meetings. iii. Annual participation in a Policy Committee meeting by Grantee Director and Policy Council Chair. iv. Contractor’s Policy Committee shall elect from amongst its members a number of representatives to Department’s Policy Council, as defined in the Policy Council Bylaws. 2. Management Systems and Procedures a. Program Planning – Contractor shall develop and implement a systematic, ongoing program planning process for its program that complies with the requirements of Head Start Performance Standard 1304.51(a) and the Head Start Act. i. The Contractor and Department will jointly complete and update a Community Assessment as described in Head Start Performance Standard 1305.3. ii. Long-term program goals for the Contractor’s program shall be developed in consultation with the Department. Joint program goals shall be developed when appropriate. Section III Work Statement Page 5 b. Communications - Contractor shall establish, develop, and implement communication systems that comply with Head Start Performance Standards 1304.51(b)-(e), and ensure that timely and accurate information is provided to parents, Policy Committee, governing board, staff, and the general community that comply with Head Start Performance Standards1304.51(b)(e) and the Head Start Act . c. Record-Keeping and Reporting Systems – Establish and maintain efficient and effective record-keeping and reporting systems that comply with Head Start Performance Standards 1304.51(h)-(i) and the Head Start Act, that ensure appropriate confidentiality of information, and provide timely and accurate information to parents, Policy Committee, governing board, staff, Department, HHS, and the general community. i. Contractor shall maintain confidentiality of children’s records by securing these in locked cabinets and implementing a system for checking out files that tracks who has accessed the file, when, and why. ii. The Department shall provide the Contractor with access to Department’s ChildPlus and Teaching Strategies GOLD Management Information Systems (MIS) that Department has procured for the benefit of both Department and Contractor programs. Contractor shall use these MIS systems to record, track and report on the children and families served in its Head Start and Early Head Start Program and the Contractor’s non-federal share of the budget. These MIS systems shall be the source for all non-financial program data and in-kind data that is reported to the Department and federal government. 1) Use of the MIS systems must comply with Department policies and procedures. 2) The Contractor is responsible for entering all data in the MIS systems and ensuring the data entered is accurate and complete. All data shall be recorded in by the sixth (6th) working day following the end of each month. Non- federal share recorded in the ChildPlus MIS system must be reconciled with the monthly agreement claim report submitted to the Department to elicit payment. 3) The Contractor must designate one of its staff persons to serve as primary contact for the MIS systems and to provide training and support to the Contractor’s staff who are responsible for recording data in the MIS system or generating reports. 4) The Contractor must designate one of its staff persons to be responsible for MIS data quality and accuracy. ChildPlus data quality reports must be run every month and data corrections made within 30 days. iii. Contractor shall contribute to the cost of the GOLD Assessment system and shall pay the annual subscriptions cost for this service for children enrolled in Contractor’s Head Start and Early Head Start Programs. This cost will be based on the annual subscription rate for the program year and the number of children entered into the GOLD Assessment system that is served in the Contractor’s program. A copy of the vendor invoice for Teaching Strategies GOLD Assessment along with an accounting of the Contractor’s portion of this invoice shall be provided to Contractor by June 1st each year and said cost will be deducted from Department’s payment to Contractor for June expenses. d. Program Self-Assessment and Monitoring i. The Contractor will conduct an annual program self-assessment either by its own efforts or jointly with the Department, to evaluate their effectiveness and progress in meeting program goals and objectives and implementing Federal Section III Work Statement Page 6 Regulations. This self-assessment must be conducted in accordance with Head Start Performance Standard 1304.51(i) and the Head Start Act, and include a specific plan of action, with timeframes and assignments of responsibility, to correct any areas of non-compliance noted in the self-assessment. A copy of the self-assessment report and plan of action to correct any areas of non-compliance must be submitted to the Department within 30 days after finalizing the report and plan. ii. The Contractor must establish and implement policies and procedures for the ongoing monitoring of its Head Start and Early Head Start programs that meet the requirements of Head Start Performance Standard 1304.51(i). 3. Human Resource Management a. Organizational Structure - Contractor shall have an organizational structure that meets the requirements of Head Start Performance Standard 1304.52 (a) and the Head Start Act. Staffing vacancies exceeding 60 days must be reported in writing to the Department. b. Staff Qualifications and Staffing Requirements – Contractor shall meet all staff qualification requirements of the Head Start Act, Head Start Performance Standards 1304.52 (b)-(g) and 1306.21, Head Start Program Instruction ACYF–PI–HS–99-03 or subsequent guidance, and Department Policy. Staffing patterns must comply with Head Start Performance Standard 1306. Contractor must give preference to current or former Head Start or Early Head Start parents for employment vacancies for which they are qualified. On a quarterly basis, Contractor shall provide the Department information on teacher qualifications to ensure the Contractor is in compliance with Head Start requirements. c. Standards of Conduct – Contractor must ensure that all staff, consultants and volunteers abide by the Standards of Conduct that include the requirements of Head Start Performance Standard 1304.52 (h) and the Head Start Act. d. Staff Performance Appraisals and Professional Development Plans – Contractor must, at a minimum, perform annual performance appraisals of all Head Start and Early Head Start staff that meet the requirements of Head Start Performance Standard 1304.52 (i) and the Head Start Act. e. Staff and Volunteer Health – Contractor must ensure that each staff member and regular volunteer complies with the requirements of, and is provided health and mental health information as required by Head Start Performance Standard 1304.52 (j). f. Training and Development – Contractor must provide training and development to staff, governing body members, and Policy Committee members that meets the requirements of Head Start Performance Standard 1304.52 (k), the Head Start Act, and the Contractor’s annual training plan. g. Personnel Policies - Contractor will establish and implement personnel policies and personnel management systems consistent with Head Start Performance Standards 1301.31 and 1304.52 as well as the Head Start Act. 4. Facilities, Materials, and Equipment a. Contractor shall ensure all facilities and physical environment meet or exceed the requirements of Head Start Performance Standard 1304.53 and 1306.30 and state childcare licensing requirements. All center-based sites must maintain current state licensure. b. Contractor shall ensure compliance with Head Start Performance Standards Part 1309 for all facilities purchased or constructed with federal funds, or which have undergone major renovation with federal funds, including any facilities leased from the Department that were purchased with federal funds. Section III Work Statement Page 7 c. The construction, alteration, maintenance, or repair of buildings and playgrounds shall comply with the requirements of the wage rate requirements (of the Davis- Bacon Act), 40 U.S.C. §§ 276a, et seq. The Department shall approve all construction and renovation bid documents and construction contracts prior to the release of bid documents or the execution of construction contracts. d. Contractor shall maintain an inventory of all property and equipment purchased with federal Head Start funds costing $5,000 or more. A copy of the annual inventory will be provided to the Department by June 30 each year. Inventory shall include a description of the equipment; manufacturer’s serial number, model number or other identifying number; source of funding for the property or equipment, including award number; owner (Contractor or federal government); acquisition date; acquisition cost; percent Head Start share in the cost; location; condition; and, disposition data, including date of disposal and sales price or method used to determine current fair market value where a recipient compensates the grantee for its share. All equipment purchased in whole or in part with Head Start/Early Head Start funds shall be identified to indicate federal ownership. e. All leases or other agreements for Contractor’s Head Start and Early Head Start program facilities must be approved by Department prior to execution if any funds from this agreement are to be used to renovate the facility. Leases or agreements that include a capital investment of $25,000 or above that are negotiated for less than 5 years in length must be approved by the Department prior to execution. 5. Early Childhood Development And Health Services a. Child Health and Development Services – Contractor will develop and implement program policies and procedures that promote each child’s health and development and comply with the requirements of Head Start Performance Standard 1304.20 and the Head Start Act. Contractor shall use the ESI-R and the DECA for conducting development and social emotional screenings on Head Start children, and use the ASQ and ASQ-SE for Early Head Start screenings. Contractor will make timely referrals based on the results of these screenings. b. Education And Early Childhood Development – Contractor shall provide all children with a safe, nurturing, engaging, enjoyable and secure learning environment in order to help them gain the skills and confidence necessary to be prepared to succeed in their present environment and later responsibilities in school and life and which complies with the requirements of Head Start Performance Standard 1304.21 and the Head Start Act. Contractor’s program must include the following: i. Ensure classroom staff conducts a minimum of two home visits for each center- based child each year. The initial home visit shall be conducted prior to the child's enrollment in the classroom or within the first 45 days of class to assist the child and parent in transitioning into the program. The second home visit shall be conducted in accordance with the Contractor’s program schedule for the purpose of reviewing progress on the child’s education plan and updating the plan as necessary. In addition, for children transitioning to kindergarten or another program, this second home visit assists the parent in planning for the child’s next educational placement and lays the foundation for formal transition activities that include child and parent awareness, preparation and training. ii. Ensure center and home-based teachers complete a minimum of three assessments each year to monitor each child’s developmental progress on the eight (8) Head Start domains for learning and the Early Head Start domains for growth and development and to inform the individualization process. These assessments will also be used to report progress towards school readiness goals. Contractor must use the Teaching Strategies GOLD assessment system for Head Section III Work Statement Page 8 Start and Early Head Start children. The schedule for these three assessments shall comply with the schedule for assessments as defined by the publishers of each assessment tool. iii. Engage program management, leadership, and instructional staff in the aggregation and analysis of progress towards school readiness goals to make adjustments when needed to ensure that children are ready for kindergarten. Respond to findings from analysis and participate in quarterly school readiness meetings with Department. iv. Ensure teachers conduct at least two Parent-Teacher Conferences per year for all center-based children to develop, discuss progress and update an education plan for each child. The final Parent-Teacher Conference will be held toward the end of the program year to discuss the child’s overall progress in the program. Parent- Teacher conferences are in addition to the two required home-visits. c. Child Health and Safety – Contractor shall develop and implement program policies and procedures that support healthy physical development, prevent illness or injury, and promote positive, culturally relevant health behavior, and which meet the requirements of Head Start Performance Standards 1304.22 and Appendix A to 1301.31, as well as the Head Start Act. d. Child Nutrition – Contractor shall develop and implement program policies and procedures that promote children’s nutritional well being that meet the requirements of Head Start Performance Standard 1304.23 and the Head Start Act. i. Contractor shall enter into and maintain an agreement with the Arizona Department Education, Child and Adult Care Food Program and maximize its ability to receive funds under said agreement. ii. Each classroom must conduct a minimum of one nutrition-related activity per month. iii. Two nutrition assessments will be completed per year in Early Head Start and one nutrition assessment will be completed per year in Head Start. The first Early Head Start nutrition assessment will be completed at intake and the second completed in the second-half of the program year. In Head Start the nutrition assessment will be completed at intake. e. Child Mental Health – Contractor shall develop and implement program policies and procedures that meet the requirements of Head Start Performance Standard 1304.24 and the Head Start Act, and which enhance awareness and understanding of mental wellness and support and promote the social and emotional development of children. 6. Family And Community Partnerships a. Family Partnerships and Engagement - Contractor shall develop and implement program policies and procedures that meet the requirements of Head Start Performance Standard 1304.40 and the Head Start Act, and which build collaborative relationships with parents, offers them opportunities and support for growth, provides them support in nurturing their own children, promotes their involvement in the program, and encourages advocacy within their communities in support of children and families. Contractor shall develop program wide family engagement goals that lead to positive family outcomes. b. Community Partnerships - Contractor shall develop and implement program policies and procedures that meet the requirements of Head Start Performance Standards 1304.41 and the Head Start Act, and which promotes collaboration with partners in the community so that the highest level of services are provided to children and families, a continuum of family centered services are developed, and communities are encouraged to share responsibility for healthy development of children and families. Section III Work Statement Page 9 c. Agreements with Publically Funded Preschool Programs – Contractor shall enter into and maintain a memorandum of understanding (MOU) or other formal agreement with all districts operating publically funded preschool programs in Contractor’s Head Start service area that are funded through the Early Childhood Block Grant or Even Start. These MOUs or agreements shall comply with Section 642(e)(5) of the Head Start Act and Office of Head Start Information Memorandums and Program Instructions. A copy of each MOU or agreement must be submitted to Department within 30 days of execution and Department will submit these to the Office of Head Start. 7. Services For Children With Disabilities Services for children with disabilities must meet the requirements of Head Start Performance Standard 1308 and 1305.6, as well as the Head Start Act. 8. Eligibility, Recruitment, Selection, Enrollment And Attendance Contractor shall develop and implement program policies and procedures for eligibility, recruitment, selection, enrollment attendance and program fees that meet the requirements of Head Start Performance Standard 1305 and the Head Start Act, and reflect the information contained in the community assessment or community assessment updates. Contractor must comply with all Head Start requirements for meeting and maintaining funded enrollment. Contractor must follow any policies and procedures established by the grantee for the purpose of determining eligibility for program services. 9. Program Options Contractor shall implement the program and program options as listed in Appendix C and in compliance with Head Start Performance Standards 1306.30-1306.36. Any changes to program sites, options and hours of operations must be based upon needs of children and families as indicated in the community assessment/community assessment updates, be approved by the Contractor’s Policy Committee, and may not be changed without a change order to this agreement. 10. Transportation Contractor shall provide transportation services that meet the requirements of Head Start Performance Standard Part 1310. D. DEPARTMENT RESPONSIBILITIES 1. Shall develop a monitoring process to ensure compliance performance of Head Start and Early Head Start staff and program activities as described in Section C of this Work Statement. 2. Will provide training and/or technical assistance upon request by the Contractor or when it determines it is necessary. 3. Will review Contractor’s ChildPlus service data on a monthly basis, discuss performance with Contractor’s staff, and identify areas where performance is below requirements and offer technical assistance as outlined in the Department monitoring plan 4. Will not accept responsibility for any negative audit findings whereby the Contractor may have to reimburse the Department of Education for food costs, including any penalties or incidents of non-compliance. 5. Will not accept responsibility for any negative audit findings whereby the Contractor may have to reimburse costs to Department, including any penalties or incidents of non- compliance with Head Start or other federal regulations. The Department likewise shall not reimburse the Contractor for such audit findings. 6. The Department is responsible for setting a Technology Standard for equipment, connectivity, and MIS database systems purchased with Head Start or Early Head Start funds, which is included in Appendix C. Section III Work Statement Page 10 7. The Department will provide Contractor with access to its MIS system for program recordkeeping and reporting purposes as outlined in Section C.2.c of this Work Statement. 8. Department will provide technical assistance to the Contractor’s staff person who serves as the Contractor’s primary contact for the MIS systems and the staff person who is responsible for data quality and accuracy. Department shall attend bi-monthly meetings with Contractor’s data entry staff as desired by Contractor. Department may invite Contractor staff to participate in all MIS training provided by the Department to Department staff. E. THE DEPARTMENT AND CONTRACTOR WILL JOINTLY 1. Conduct a community assessment every three years that meets the requirements of Head Start Performance Standard 1305.3 and the Head Start Act. In each of the two years following completion of the community assessment, Contractor and Department will jointly review and update the assessment, if updates are warranted. 2. Develop a planning process for completing, reviewing and updating the community assessment, developing long range program goals, completing the annual grant plan application, and surveying parents, staff and community agencies as part of the community assessment. 3. Develop an annual plan for Department’s monitoring Contractor. The written monitoring plan shall be provided to the Contractor at the time the contract is executed. F. REPORTING REQUIREMENTS Contractor shall provide the reports to the Department as follows: 1. By the last business day of the month, a copy of the monthly Westside Director’s Report to the Policy Committee and the Program Oversight Committee of Contractor’s Board of Directors that includes: a. Funded and actual end-of-month enrollment, end-of-month vacancies, and average monthly attendance rates for center-based services. b. Data on health performance measures (current with well child exams, current with dental exams, receiving medical treatment, receiving dental treatment, immunizations). c. Data on children with disabilities. d. Meal/snacks served through CACFP. e. Non-Federal Share matching revenues (budget, month-to-date, year-to-date, and percent of budget remaining). f. Staff Training and Professional Development Activities g. Communication and guidance from Department and/or Office of Head Start. h. Annual self assessment, including findings related to such assessment (reported at time of year when available) and improvement plan. i. Strategic Planning (reported at time of year when available). j. PIR (reported at time of year when available). 2. A copy of the monthly financial reports to be provided to Westside Policy Committee and the Finance Committee of the Contractor’s Board of Directors that includes summary information on budget, month-to-date and year-to-date, and percent of budget remaining for Head Start revenue and expenses, including credit card expenses, Early Head Start revenue and expenses, and CACFP Revenue. 3. Press Coverage - Provide copies to Department of any press received about Contractor’s Head Start/Early Head Start Program, for any reason. 4. Westside Policy Committee Meeting Materials a. Provide to Department, at least five days prior to a regularly scheduled Westside Policy Committee meeting, a copy of the monthly Westside Policy Committee meeting agenda and meeting packet. Section III Work Statement Page 11 b. Provide to Department, at least 24 hours in advance of the meeting, a copy of the Westside Policy Committee meeting agenda and meeting packet for any special meeting. c. Provide to Department, within one business day following any Westside Policy Committee meeting, a copy of any additional information and documents distributed at the meeting that were not a part of the meeting agendas or packets. 5. Program Schedules and Plans a. By July 1, submit a copy of the program calendar that outlines dates for opening and ending center- and home-based sites; dates program closes for holidays, staff training, or other program activities; and, dates for center-based home-visits, parent- teacher conferences, child assessments, and other major program activities. b. By July 1, submit a copy of approved policies, procedures and content area plans. These will be used as a part of the monitoring plan. c. Within two weeks after Policy Committee approval, submit a copy of the schedule for monthly meetings for the Policy Committee and the Policy Committee’s Standing Committees. d. Within one week of Policy Committee approval of amendments to Policy Committee by-laws, submit a copy of the newly approved by-laws. e. Provide copies to Department of all community complaints or grievances that are not resolved at the Contractor’s Head Start Director level or below. f. Report to Department of service incidents to an enrolled child that require emergency medical transport, or incidents at the program that require emergency police or fire response. 6. Inventory of property and equipment purchased with Head Start or Early Head Start funds, as specified under Section B.4.c of the Work Statement. 7. Annual Grant Application Documents a. No later than 30 days prior to the grant application due date, Contractor shall provide to the Department the following items as a part of the continuing grant application: i. Training and Technical Assistance Plan ii. Self-Assessment and Improvement Plans iii. Policy Committee and Governing Board Approvals iv. Financial Forms 424 and 424B v. Budget Narrative and Salary Schedules vi. Completed Government Accounting Budget Instrument (GABI) vii. Employee Compensation Cap Assurances viii. Negotiated Indirect Cost Rate ix. Organizational Charts x. Reported results from Annual A-133 Audit xi. Program Options and Sites G. COMPLIANCE WITH APPROVED PROGRAM 1. All activities authorized by this Agreement shall be performed in accordance with the Contractor’s approved Head Start and Early Head Start Grant Plan Application; grant conditions; the Head Start Act, Head Start Performance Standards and Head Start Program Memoranda; other applicable Federal regulations, Child and Adult Care Food Program; Arizona Childcare Licensing requirements; and other relevant government/city ordinances and relevant HHS directives. If a non-compliance or misappropriation on the part of the Contractor or the Contractor’s representative(s) or employee(s) result in the Department having to reimburse HHS, then the Contractor is obligated and agrees to reimburse the Department for the loss of funds and any Section III Work Statement Page 12 reasonable legal expenses incurred by the Department due to the non-compliance or misappropriation. 2. Contractor shall make available, upon request, to Department or HHS, any or all records, files, staff, classrooms, and or other information as required to conduct monitoring activities to ensure compliance with program requirements and to complete program reports. 3. Areas of non-compliance identified during the course of monitoring shall be discussed with Contractor staff and reported in writing to the Contractor’s Head Start Director, Executive Director, Policy Committee Chairperson and Chairperson of the Board of Directors within 60 days after completion of monitoring. This written notice shall identify the time period for correcting said areas of non-compliance. With respect to each area of non-compliance, Contractor shall be required to: a. Correct the non-compliance immediately if Department determined the non-compliance threatens the health or safety of program participants or staff or poses a threat to the integrity of Federal funds; b. Correct the non-compliance not later than 90 days after the identification of the non- compliance if the Department finds, in the discretion of the Department, that such a 90-day period is reasonable, in light of the nature and magnitude of the non-compliance; or, c. In the discretion of the Department, taking into consideration the seriousness of the non- compliance and the time reasonably required to correct the non-compliance, Contractor may be required to develop and implement a Quality Improvement Plan that is approved by the Department as outlined in Item 4 below. d. Submit a letter signed by the Chairperson of the Board of Directors certifying that each area of non-compliance is corrected at the end of the time period specified for correction. 4. If Department determines Contractor to be in Deficiency status, Contractor shall be required to develop a Quality Improvement Plan and submit this for approval by Department. Within 30 days after receiving Contractor’s Quality Improvement Plan, Department shall either approve the plan or specify the reasons why the plan cannot be approved. Department shall provide training and technical assistance to Contractor with respect to the development or implementation of a quality improvement plan, upon request of the Contractor and as feasible and appropriate given available funding. a. Contractor shall eliminate each deficiency no later than the date for elimination of such deficiency specified in the Quality Improvement Plan, which may not be later than one year after the date Contractor received notice of deficiency. b. In accordance with the Head Start Act, Department shall conduct monthly monitoring of Contractor until such time as all deficiencies are corrected. H. STANDARDS/LICENSURE REQUIREMENTS 1. All Head Start and Early Head Start programs operated by the Contractor must meet Head Start Performance Standards as amended and the provisions of the Head Start Act. Contractor shall develop policies and procedures to ensure program operations comply with all federal, state and local requirements. 2. All center-based sites must maintain childcare licensure by the Arizona Department of Health Services as well as all locally required permits. 3. Contractor’s administrative office operating hours will be Monday through Friday 8:00 a.m. to 5:00 p.m. daily except approved holidays. SECTION IV COMPENSATION Maricopa County Human Services Section IV Compensation Page 1 A. OPERATING BUDGET DEFINITIONS 1. Accrual means obligations that are incurred for goods or services that have been received or performed, but for which a cash outlay has not yet been recorded. 2. Allowable Costs means costs commonly incurred by a grant recipient and meet cost principles prescribed in of 45 C.F.R. Part 74.27. 3. Cost Allocation Plan means the documentation identifying, accumulating, and allocating or developing billing rates based on the allowable costs of services provided by unit on a centralized basis to its departments and agencies. The costs of these services may be allocated or billed to users. 4. Contractual means costs of all contracts including: (1) procurement contracts (except those that belong in other categories, such as equipment, supplies, etc.) and (2) contracts with organizations for the provision of training or technical assistance, if not funded through supplemental training and technical assistance funds. 5. ERE means the Employee Related expenses (including fringe benefits) of those persons who are salaried program staff members, in whole or in part, in support of this Agreement. 6. Equipment means tangible, non-expendable personal property, which are reasonably necessary to accomplish the Work Statement, that have an acquisition cost of five thousand dollars ($5,000) or more per unit and have a useful life of more than one (1) year; and includes lease of office equipment or other equipment designated for use in the Work Statement. Prior approval from the Contract Administrator is required to purchase or lease equipment as defined in this paragraph, or to expend more than what was previously approved. Prior approval from the Region IX HHS Office is also required to purchase or lease equipment costing more than twenty-five thousand dollars ($25,000), or to expend more than what was previously approved on equipment costing more than twenty-five thousand dollars ($25,000). 7. Incidental Alterations and Renovations means improvements to facilities that do not meet the definition of major renovation. 8. Indirect Costs mean those costs of a Head Start agency, as approved by the agency that has authority to set Contractor’s indirect cost rate, that are not readily identifiable with a particular project or program but nevertheless are necessary to the general operation of the agency and the conduct of its activities. 9. Major Renovation means a structural change to the foundation, roof, floor, exterior, or load-bearing walls of a facility, or extension of an existing facility to increase its floor area. Major renovation also means extensive alteration of an existing facility, such as to significantly change its function or purpose, even if such renovation does not include any structural change to the facility. Major renovation also includes a renovation of any kind that has a cost exceeding the lesser of two hundred thousand dollars ($200,000), adjusted annually to reflect the percentage change in the Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor Statistics) beginning one (1) year after June 2, 2003, or twenty-five percent (25%) of the approved total annual direct costs. 10. Maintenance and Repair means necessary maintenance, repair, or upkeep of buildings and equipment that neither adds to the permanent value of the property nor appreciably prolongs its intended life, but keeps it in an efficient operating condition. Costs incurred for improvements that add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures. 11. Non-Federal Share means, for the purpose of this Agreement, a twenty-five percent (25%) match against the federally funded portion of the amount that must be provided by Contractor. Non-federal share shall be provided through non-federal funds or through donated in-kind goods and services. All non-federal shares shall meet the requirements of Head Start and other federal regulations governing matching funds and in-kind contributions. Section IV Compensation Page 2 12. Other means all other direct grant costs not included in the other categories. 13. Personnel means all staff members, in whole or in part, who are directly involved in the delivery of services under this Agreement. 14. Supplies mean office, classroom, kitchen, and maintenance supplies, such as pencils, paper, forms, and postage. 15. Training means training and technical assistance and is restricted to the cost of training program staff and parents. Allowable costs include personal service contracts with outside consultants or organizations (requires Department approval), travel and per diem expenses associated with assembling program staff in one or more locations for the purpose of instruction, and acquisition of training equipment such as audio/visual equipment and demonstration devices. 16. Travel means the cost of program-related out-of-county travel for the delivery of Work Statement services. No foreign travel is permitted without approval of the Agreement Administrator and the Region IX HHS Office. 17. Unliquidated Obligations means obligations for goods or services that have not been received or performed and for which no cash outlay has been made. B. COMPENSATION 1. Funding under this Agreement, or any modifications or amendments to this Agreement, is subject to availability and shall be the amount allocated by the United States Department of Health and Human Services as specified in the Maricopa County Head Start Grant Plan and Federal Funding Award. Department shall issue a Maricopa County Human Services Department Financial Assistance Award to Contractor once funding becomes available. 2. Subject to the availability of funds, the Department shall reimburse the Contractor for all allowable costs associated with the performance of work and the provisions of services under this Agreement. Total reimbursement for this Agreement shall be limited to the amount approved by the Department as listed on the Maricopa County Human Services Department Financial Assistance Award. 3. Reimbursement for indirect costs will not be made until such time as the Contractor has submitted, and the Department has approved, a cost allocation plan or the Contractor has submitted, and the Department has accepted, a negotiated indirect cost rate granted by a cognizant Federal agency. 4. The Assistant Director, Maricopa County Human Services Department, Education Division shall be sole determiner of the amount of funds available to Catholic Charities Community Services, Inc. consistent with the approved Agreement. 5. The Contractor will submit a detailed cost allocation plan with the annual budget. The cost allocation plan shall include a provision of services of all funding sources according to 45 CFR Part 74 and other authoritative guidelines. 6. The Contractor allowable costs for developing and administering the Head Start program may not exceed 15 percent (15%) of the total approved costs during the fiscal year. C. METHOD OF PAYMENT Subject to ongoing review and possible modifications during the term of this Agreement, County shall pay the Contractor based on services actually delivered in the following manner: 1. The Contractor will claim (invoice) reimbursement of actual allowable costs on a monthly cycle or on a bi-monthly cycle as agreed upon by the Contractor and the Contractor Administrator. 2. If invoicing on a monthly cycle, Contractor shall submit to the Contract Administrator a claim (invoice) for allowable costs incurred during the billing period on or before the tenth (10th) working day of the month following a month of service delivery or work performance. If invoicing on a bi-monthly cycle, Contractor shall submit to the Contract Section IV Compensation Page 3 Administrator a claim (invoice) for allowable costs incurred during the billing period on the tenth (10th) working day of the month following a month of service delivery or work performance and a second invoice on the twenty-fifth (25th) working day of the month of service delivery or work performance. Claims shall report all collected non-federal share. 3. Subject to the availability of funds, the Department will, within five (5) working days from the date of receipt of the claim for allowable costs incurred during the billing period, process and remit to the Contractor, a warrant for payment equal to the allowable costs claimed. Should the Contract Administrator make a disallowance in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or the reason for a disallowance, the protest shall be construed as a dispute concerning a question of fact within the meaning of the "Disputes" clause of the General Provisions of this Agreement. 4. Subject to the availability of funds, the Department shall reimburse the Contractor for all allowable costs associated with the performance of work and the provision of services under this Agreement up to the maximum authorized by the Maricopa County Human Services Department Financial Assistance Award. 5. The Contractor understands and agrees that the June claim for payment and a listing of unliquidated obligations is due the third (3) Friday of July. The listing of unliquidated obligations will include vendor name and amount, and conform to expense categories on the claim. The listing of unliquidated obligations shall be noted as an attachment to the claim in the NOTES section of the claim form. 6. The Contractor understands and agrees that the Final Claim will be submitted by 5 PM, July 15, 2016, unless an extension is approved. If a Final Claim extension is approved, Interim Claims may be submitted each month by the 10th working day following the end of each month, until the Final Claim is submitted. The Final Claim will mirror all expenses paid after the previously submitted Interim Claim and final adjustments to expenses previously reported. The County will not reimburse any additional costs not submitted with the final claim. D. REIMBURSEMENT 1. Effective July 1, 2015 through June 30, 2016, Contractor will be reimbursed as described above. a. The Agreement funding amount shall not exceed $9,347,485 for the contract term. SECTION V ATTACHMENTS & EXHIBITS Maricopa County Human Services Section V Attachments & Exhibits Page 1 CATHOLIC CHARITIES COMMUNITY SERVICES Head Start and Early Head Start Attachment A U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES COMPENDIUM OF REQUIRED CERTIFICATIONS AND ASSURANCES SF 424B ASSURANCES - NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the intergovernmental Personnel Act of 1970 (42 U.S.C. 4278-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPMs Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). 6. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the bases of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to non-discrimination on the bases of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of the alcohol and drug abuse patient Section V Attachments & Exhibits Page 2 records; (h) Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (I) any other non-discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other non-discrimination statute(s) which may apply to the application. 7. Will comply, or has already complies, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for Federally assisted construction sub-agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205) 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Section V Attachments & Exhibits Page 3 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in the construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Section V Attachments & Exhibits Page 4 Attachment B DRUG-FREE WORKPLACE REQUIREMENTS GRANTEES OTHER THAN INDIVIDUALS By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. This certification is required by regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR, Part 76, Subpart F. The regulations published in the January 31, 1989 Federal Register, require certification by grantees that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when HHS determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government-wide suspension or debarment. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of building) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g. all vehicles of a mass transit authority of State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). If the workplace identified to HHS changes during the performance of the grant, the grantee shall inform the agency of the change(s), it previously identified the workplaces in question (see above). Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 USC 812) and as further defined by regulations (21 CFR, 1308.11 through 1308.15). "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal of State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact of involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of sub-recipients or subcontractors in covered workplaces). The grantee certifies that it will provide a drug-free workplace by: Section V Attachments & Exhibits Page 5 a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying the agency in writing within ten days after receiving notice under subparagraph (d)(2), from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (f). Section V Attachments & Exhibits Page 6 Attachment C CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal program either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds in Medicare of Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing this certification, the offeror/contractor (for acquisitions) or applicant/grantee (for grants) certifies that the submitting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The submitting organization agrees that it will require that the language of this certification be included in any sub-awards which sub-recipients shall certify accordingly. Section V Attachments & Exhibits Page 7 Attachment D CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS By signing and submitting this proposal, the applicant, defined as the primary participant in accordance with 45 CFR Part 76 certifies to the best of his or her knowledge and believe that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any Federal Department or agency; b. have not within a 3-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; c. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. have not within a 3-year period preceding this application/proposal had one or more public transaction (Federal, State or local) terminated for cause or default. The inability of a person to provide the certification required above will not necessarily result in denial of participation in this covered transaction. If necessary, the prospective participant shall submit an explanation of why it cannot provide the certification. The Department of Health and Human Services' (HHS) will make the determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The prospective primary participant agrees that by submitting this proposal, it will include the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided below without modification in all lower tier covered transactions. Section V Attachments & Exhibits Page 8 Attachment E CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS (TO BE SUPPLIED TO LOWER TIER PARTICIPANTS) By signing and submitting this lower tier proposal, the prospective lower tier participant, as defined in 45 CFR, Part 76, certifies to the best of its knowledge and belief that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. where the prospective lower tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause entitled "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. Section V Attachments & Exhibits Page 9 Attachment F CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriate 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 influencing or attempting to influence an officer or employee or an 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 sub-awards at all tiers (including subcontracts, sub-grants, and contracts 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 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 or not less than $10,000 and not more than $100,000 for each such failure. I hereby agree to the above certifications and assurances. Signature of Certifying Official Date Title Applicant Organization Section V Attachments & Exhibits Page 10 ATTACHMENT G TECHNOLOGY STANDARD All Head Start classrooms will have at least one (1) desktop computer (or one thin client equivalent that supports all required software). All Early Head Start classrooms will have at least one (1) desktop computer (or one thin client equivalent that supports all required software and hardware). Any computers (or thin client terminal environments) purchased with Head Start/Early Head Start funds under this contract must meet the following minimum specifications: Processor Speed – 2.1 GHz (Minimum), 1.83 GHz Core 2 Duo (Recommended) RAM – 512 MB (Minimum), 1 GB (Recommended) Hard Drive – 20 GB (Minimum) Microsoft Windows 7.1 Operating System Microsoft Office Suite 2003 (Minimum), Microsoft Office Suite 2010 (Recommended if purchasing new Office software with recommended level equipment.) Connect to the Internet via high speed broadband (classrooms) and T1 connection to Internet from the (Central Office) Section V Attachments & Exhibits Page 11 EXHIBIT 1 Maricopa County West Side Head Start and Early Head Start Sites and Options 2015-2016 2014/ Age 2015 Community HS Area Site Option Group Slots Change PY 2015/2016 Age Group Days Hours Total HS 1 Avondale South Full day 4 yr 34 -14 20 3/4 yrs M-Fri 7 HS 1 Lattie Coor I AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 1 Lattie Coor II AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 1 Lattie Coor III AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 Avondale HS 1 Lattie Coor IV AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 1 Michael Anderson 1 AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 1 Michael Anderson II AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 1 Wildflower Single Session N/A 0 16 16 4yrs M-Th 3.5 HS 1 El Mirage I AM/PM Double Session 4yr 34 0 34 3/4 yrs M-Th 3.5 El Mirage HS 1 El Mirage II AM/PM Double Session 3 yr 15 15 30 3 y M-Th 3.5 Wickenburg 3/4 yrs HS 1 Wickenburg Single Session 4 yr 17 0 17 M-Th 3.5 321 HS 3 Discovery I AM/PM Double Session 4 yr 30 0 30 3/4 yrs M-Th 3.5 HS 3 Discovery II AM/PM Double Session 4 yr 15 15 30 3/4 yrs M-Th 3.5 HS 3 Jack AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 Mensendick I AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 Mensendick II AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 Ocotillo I AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 GCC AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Fri 3.5 Glendale HS 3 Ocotillo II AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 Burton AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 3yr- AM 3 yr - AM HS 3 Imes AM/PM Double Session 32 0 32 M-Th 3.5 4 yrs- PM 4 yr - PM HS 3 Sine I Full day 4 yr 34 -14 20 3/4 yrs M-Fri 7 HS 3 Sine II AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 Lamar I AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 3 Lamar II AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 452 HS 5 Buckeye Elem I AM/PM Double Session 3/4 yr 34 -2 32 3/4 yrs M-Th 3.5 Buckeye HS 5 Buckeye Elem II Full day 3 & 4 yr 0 20 20 3 & 4 M-Fri 7 HS 5 Buckeye AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 Palo Verde HS 5 Palo Verde Single Session 4 yr 20 0 20 3/4 yrs M-Th 3.5 HS 5 Peoria CDC I AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 Peoria 3 yr - AM 3 yr - AM HS 5 Peoria CDC II AM/PM Double Session 32 0 32 M-Th 3.5 4 yr - PM 4 yr - PM HS 5 Tollenson AM/PM Double Session 4 yr 34 0 34 3/4 yrs M-Th 3.5 HS 5 AZ Desert Double Session 4 yr 34 0 34 3/4 yr M-Th 3.5 Tolleson HS 5 Union I AM/PM Double Session 4yr 34 0 34 3 & 4 M- Th 3.5 3 yr - AM HS 5 Union IIAM/PM Double Session 4 yr - PM 0 32 32 3/4 yrs M-Th 3.5 Tonopah HS 5 Tonopah Single Session 4 yr 20 0 20 3/4 yrs M-Th 3.5 326 Total HS 1,031 68 1,099 1,099 Area PY Home- Community EHS 4 Site Option PY 2014/2015Change 2015/2016 Days Hours Center-Base Based Total EHS Tolleson Home Base 11 0 11 Tolleson 8 11 19 EHS AZ Desert Single Session N/A 8 8 Mon-Fri 7 EHS Buckeye Single Session 8 0 8 Mon-Fri 7 Buckeye 8 11 19 EHS Buckeye HB I Home Base 11 0 11 EHS Avondale HB Home Base 11 0 11 Avondale 8 11 19 EHS Avondale South Single Session 8 0 8 Mon-Fri 7 EHS Peoria I Single Session 8 0 8 Mon-Fri 7 Peoria 8 11 19 EHS Peoria HB Home Base 11 0 11 EHS Dysart HB I Home Base 11 0 11 Dysart 0 22 22 EHS Dysart HB II Home Base 11 0 11 EHS Burton Single Session 8 0 8 Mon-Fri 7 EHS Sine Single Session N/A 8 8 Mon-Fri 7 Glendale EHS Glendale HB I Home Base 11 0 11 24 22 46 EHS Glendale HB II Home Base 11 0 11 EHS Imes I Single Session 8 0 8 Mon-Fri 7 ADJC EHS ADJC Home Base 7 0 7 7 7 Total EHS 16 151 56 95 151 *ADJC is a site for the Arizona Department of Juvenile Corrections services. Services are being provided to this agency in accordance with an agreement between Maricopa County and ADJC. CCCS may be required to provide these services as designated per terms of their delegate contract.