14116-CONTRACT - BRIGHT FUTURE STARS.PDF
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CONTRACT PURSUANT TO RFP
SERIAL 14116-RF'P
This Contract is entered into this 24 th day of June, 2015 by and between Maricopa County ("County"), a political
subdivision of the State of Arizona, and Bright Future Stars, an Arizona corporation ("Contractor") for the
purchase of Day Care services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of one (1) year, beginning on the 30 th day of June, 2015 and ending the
30th day of June, 2016.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of four (4) one (1) year extensions, (or at the
County's sole discretion, extend the contract on a month-to-month bases for a maximum of six (6)
months after expiration). The County shall notify the Contractor in writing of its intent to extend
the Contract term at least sixty (60) calendar days prior to the expiration of the original contract
term, or any additional term thereafter.
2.0 PAYMENTS:
2.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit "A."
2.2 Payment shall be made upon the County's receipt of a properly completed invoice.
2.3 INVOICES:
2.3.1 The Contractor shall submit in a manner acceptable to the County one (1) legible copy of
their detailed invoice before payment(s) can be made. At a minimum, the invoice must
provide the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number
• County purchase order number
• Invoice number and date
• Payment terms
• Contract Item number(s)
• Description of Purchase (product or services)
• Extended price
• Total Amount Due
2.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
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2.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(httu://www.maricova.gov/Finance/Vendors.asnx).
2.3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
2.3.5 Securities option or retention option prior to first Application for Payment.
2.4 APPLICABLE TAXES:
2.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be liOed separately on the Contractor's invoices.
2.4.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this contract it is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
2.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker's Compensation.
2.5 TAX: (SERVICES):
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
3.0 AVAILABILITY OF FUNDS:
3.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
3.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
4.0 DUTIES:
4.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing
by the Procurement Officer.
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5.0 TERMS and CONDITIONS:
5.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one directly or indirectly employed by them, or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss, or expense is caused in part by a party
indemnified hereunder.
5.1.1 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
5.1.2 The scope of this indemnification does not extend to any claim, damage, loss, or expense
resulting from the sole negligence of County.
6.0 INSURANCE:
6.1 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.
6.1.1 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.
6.1.2 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.1.3 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.
6.1.4 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.
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6.1.5 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.
6.1.6 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.
6.1.7 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.
6.1.8 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).
6.1.9 Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Contract.
6.1.10 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $1,000,000
Products/Completed Operations Aggregate, and $1,000,000 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.
6.1.11 Workers' Compensation:
6.1.11.1 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.
6.1.11.2 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.
6.1.12 Sexual Molestation And Physical Abuse:
When services involve working with these groups of individuals, the insurance
requirements in the contract need to be revised to include coverage for "sexual
molestation and physical abuse". Coverage for this type of claim, or allegation, is
excluded from standard general liability policies. Therefore, contractors whose services
include working with and/or caring for children/elderly and disabled persons should have
their policies specifically endorsed to include this coverage.
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6.1.13 Commercial General Liability — Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual
liability coverage.
a. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
b. 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".
6.1.14 Minimum Limits:
General Aggregate $ 1 ,000,000
Products/Completed Operations Aggregate $1,000,000
Each Occurrence Limit $1,000,000
Personal/Advertising Injury $1,000,000
Sexual Abuse/Molestation $1,000,000
6.1.15 Certificates of Insurance.
6.1.15.1 Prior to Contract Award, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County (see Exhibit 2), 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.
6.1.15.2 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.
6.1.15.3 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.
6.1.16 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
6.2 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.
6.2.1 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
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efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
6.2.2 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.
6.2.3 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.
6.3 REQUIREMENTS CONTRACT:
6.3.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid is a requirements contract. However, the Contract does
not guarantee any minimum or maximum number of purchases will be made. It only
indicates that if purchases are made for the materials or services contained in the
Contract, they will be purchased from the Contractor awarded that item if the Contractor
can meet all the delivery requirements of the County. Orders will only be placed when
the County identifies a need and proper authorization and documentation have been
approved.
6.3.2 County reserves the right to cancel Purchase Orders within a reasonable period of time
after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor for actual and documentable costs incurred by the Contractor in response to
the Purchase Order. The County will not reimburse the Contractor for any costs incurred
after receipt of County notice of cancellation, or for lost profits, shipment of product prior
to issuance of Purchase Order, etc.
6.3.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. By submitting a bid
in response to this Invitation for Bids, the Contractor specifically acknowledges to be
bound by this cancellation policy.
6.4 SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
6.5 STOP WORK ORDER:
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days
after the order is delivered to the Contractor, and for any further period to which the parties may
agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either-
6.5.1 Cancel the stop-work order; or
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6.5.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
6.5.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, and the contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
6.6 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
6.7 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
6.7.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
6.7.2 Make progress, so as to endanger performance of this contract; or
6.7.3 Perform any of the other provisions of this contract.
6.7.4 The County's right to terminate this contract under these subparagraph may be exercised
if the Contractor does not cure such failure within 10 days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer
specifying the failure.
6.8 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.9 CONTRACTOR LICENSE REQUIREMENT:
6.9.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
6.9.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
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subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.10 SUBCONTRACTING:
6.10.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
6.10.2 The Subcontractor's rate for the job shall not exceed that of the Prime Contractor's rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates or the County has approved the increase. The Subcontractor's invoice shall be
invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the Subcontractor's invoice must accompany the
Prime Contractor's invoice.
6.11 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
6.12 ADDITIONS/DELETIONS OF SERVICE:
6.12.1 The County reserves the right to add and/or delete materials and services to a Contract. If
a service requirement is deleted, payment to the Contractor will be reduced
proportionately, to the amount of service reduced in accordance with the bid price. If
additional materials or services are required from a Contract, prices for such additions
will be negotiated between the Contractor and the County.
6.12.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
6.13 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
6.14 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.15 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
6.16 NON-DISCRIMINATION:
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors. Executive
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Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be
viewed and downloaded at the Governor of the State of Arizona"s website
http://www.azgovemor.gov/dms/upload/E0 2009 09.ndf which is hereby incorporated into this
contract as if set forth in full herein. During the performance of this contract, Contractor shall not
discriminate against any employee, client or any or any other individual in any way because of
that person"s age, race, creed, color, religion, sex, disability or national origin.
6.17 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.17.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
6.17.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.17.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.17.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.17.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
6.17.2 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
6.18 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.18.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. 1-9 forms are available
for download at USCIS.GOV.
6.18.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph
6.18.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the
County's intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
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Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
6.19 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:
6.19.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.19.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
6.20 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.
6.20.1 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;
6.20.2 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.
6.20.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.21 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.21.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract 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 latest. The County, Federal or 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 said materials.
6.21.2 If the Contractor's books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.21.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance. The course of action to address the disallowance shall be at sole discretion
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of the County, and may include either an adjustment to future invoices, request for credit,
request for a check or deduction from current billings Submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
6.22 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or
to require repayment of the disallowed amount by the Contractor.
6.23 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
6.24 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information, by the Office of
Procurement Services. If an Offeror believes that information in its Offer or any resulting
Contract should not be released in response to a public record request under Arizona law, the
Offeror shall indicate the specific information deemed confidential or proprietary and submit a
statement with its offer detailing the reasons that the information should not be disclosed. Such
reasons shall include the specific harm or prejudice which may arise from disclosure. The
Records Manager of the Office of Procurement Services shall determine whether the identified
information is confidential pursuant to the Maricopa County Procurement Code.
6.25 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
6.26 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.27 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, co-employee, partnership, principal and agent,
or joint venture between the County and the Contractor.
6.28 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
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6.29 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable, the terms of this Contract shall prevail.
6.30 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.30.1 Exhibit A, Guidelines For Developing A Child Care Reimbursement Budget Plan
6.30.2 Exhibit B, Scope of Work;
6.30.3 Exhibit C, Early Head Start Child Care Partnership Checklist
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
Bright Future Stars
1236 S Stapley Drive
Mesa, AZ 85204
(480) 539-7772
SERIAL 14116-RFP
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
PRINTED NAME AND TITLE
QIN f.\10.4.Q‘ockG_:biiq K7 'O-t1
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
SERIAL 14116-RFP
EXHIBIT A
GUIDELINES FOR DEVELOPING A CHILD CARE REIMBURSEMENT BUDGET PLAN
Per Classroom
Category DescriptiOnDetaiI : Projected Expense
Salary for 2 Full time
Personnel caregivers and .25 of a floater S53.760
paid at S13.00
Based on 25% of salaries for
Fringe Benefits employment taxes and 513.607
insurance
Including Consumables. office $26679.00
Supplies supplies and replacement of
classroom furniture and
playground items.
Other Allocated portion of center's $15,500
(Aciniinistrative Casts) insurance, lease payment.
directors time. licensure fees
TOTAL EXPENSE ( must not
exceed) S109.546
Category Description Detail Projected Income: ,
CACFP reimbursement of
S863 per month andS1,064
Income DES subsidies per month based $19118.00
(Srare funded _Rein tinummeno on two children in each
classroom receiving subsidies
and all children eligible for
CACTI'
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EXHIBIT B
SCOPE OF WORK
BFS is located at 1236 S Stapley Drive Mesa, AZ 85204. BFS was built to provide quality care of low-income
children. BFS has a positive relationship with FTF and is involved in various programs with them. BFS is a
member of the Empowerment plus programs. BFS specializes in children from birth to kindergarten years. We also
provide a fun and safe place for children's before and after school experience. These children are between the ages
of 5 to 12. BFS was founded to offer children a safe and a secure environment.
In addition we offer:
• Programs, which are self-paced and individualized for each child's ability.
• Teachers have extensive experience in working with children.
• A nice, clean and beautiful facility with safe equipment
The school is equipped with Internet access and all teachers have access to a teacher's computer located in the
office. Our Internet service provider is Direct TV.
BFS Infant's Room
BFS has an infant room with the capacity of 17 children as indicated by the state requirements of 35 square feet per
child, however; we have self-limited the nursery to 11 infants The infant program is focused on "new born to age"
which promotes brain development in infants. The infant room is staffed with teachers that know, understand and
care for the children they are serving. The learning environment nurtures the emotional, social, language and
cognitive development of every infant in the room.
In the nursery, we teach the infants about choices. The infants have the opportunity to play and explore for the
majority of the day. Each infant gets "tummy time" and they are loved and cared for individually by caregivers that
provide positive, consistent relationships.
BFS One's Room
BFS one's room is licensed by the state of Arizona for 30 one-year-olds as indicated by the state requirements of 35
square feet per child. However, we have self- limited to 15 one-year-olds. This classroom is properly furnished and
has developmentally appropriate toys located inside and outside.
The learning centers that the one-year-olds experience are library, dramatic play, soft blocks, arts & crafts, music
and science. BFS staff has strived to meet high standards in the quality first program and we are confident that we
can meet head start quality standards.
BFS Two's Room
BFS has a wonderful classroom that is devoted to our two-year-olds.
We encourage our two-year-olds to learn and explore by allowing them to use their whole bodies. Here, children
can use their muscles and bodies for crawling, climbing, jumping, dancing, and playing games. We provide
opportunities that promote cognitive, physical, social-emotional, and language development. We do this inside and
outside the classroom with the learning centers that encourage choices.
The learning centers in the two's classrooms are: dramatic play, active play, blocks and Legos, science center,
writing center, arts & crafts, and listening centers. In the learning centers, the children are able to experience
sensory exploration and creative expression. We encourage children to experiment with open-ended materials such
as crayons, paint, water, sand, and modeling dough. The learning centers are all developmentally appropriate for
each stage of a two-year-old. Every child's development is important and BFS offers an environment that allows
children to grow and learn at their own pace, and explore their own interests. Activities are designed to address
individual needs and abilities of every child. We focus on teaching the children about choices. We implement this by
allowing children to choose which centers they want to work in.
We put a lot of emphasis on social skills development and potty training. The children of BFS are engaged in many
different preschool activities such as problem solving, communication, early reading, writing, math, and music. We
are confident with the education level of the management staff along with our commitment to the two-year-olds that
we can meet the quality standards. We are giving our two-year-olds quality educational experiences and will
continue to do so in the future with the help from this program.
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BFS Three's Room
BFS has a three's program designed with the three-year-olds in mind. We give our three-year-olds a chance to learn
through exploration and make their own choices. We provide a nurturing environment that fosters the development
of children through learning centers, educational experiences and activities that encourage learning through hands-
on experience. When children are given the opportunity to have choices, experimentation is encouraged. The
children at BFS are watched closely by their teachers. The teachers offer ideas on extending opportunities for
children's play and challenge children at their own level and interests. For example, if a child is looking at the grass
plants on the windowsill, the teacher might ask, "Why do you think some of the plants are taller than others?" BFS
teachers promote language and literacy by reading stories aloud. They encourage children to talk about their work
and create a rich classroom environment with different examples. They help children turn their ideas and artwork
into books. They make children talk to one another and engage in meaningful conversations about topics of interest.
A variety of art materials such as markers, crayons, paint, and colored papers are readily accessible to the children.
Teachers invite children to express their feelings and ideas in the writing centers. The three's room has several
learning centers including dramatic play, music center, blocks and Legos, library science and writing center. We
believe that with the help of this program we will be able to provide quality educational experiences for our three-
year-olds.
Host Parent Meetings
BFS parent will be conducted in the school age room. This environment is perfect for hosting meetings because it is
of adequate size, has ample electrical sockets, Internet access and a lot of space so that the parents can be actively
involved in the meeting.
Classroom Sizes are as follows:
Infant Room is 614 sqft with 55 square feet per child
One's Room is 1057 sqft with 55 square feet per child
Two's Room is 1053 so:1ft with 35 square feet per child
Three's Room is 1052 sqft with 35 square feet per child
Four's Room is 1050 sqft
School Age Room 797 sqft
Community Served
BFS is located in Mesa, Arizona in a low-income community. About 75% of the children that BFS serves receive a
subsidy. The subsidy agencies that we work with are Department of Economic Security Childcare, CPS awarded
through DES, Quality First Things First Scholarships, and Salt River Tribal Scholarship subsidy. All agencies that
we are currently contracted with are in good standing. We are on the federal food program and 90% of the children
at our facility have free lunch. We serve a low-income population in Mesa extending from Broadway to Baseline
road and from Gilbert to Mesa Drive. We also serve some children from Tempe, Gilbert, Queen Creek and Phoenix
area communities.
Demographics of children served
We have the ability to serve 210 children at BFS altogether. The demographics of the children we serve include 5%
Black or African American, 60% Hispanic, 33% White, and 2% Asians or Pacific Islanders.
Outreach
Experience in successfully reaching out to and serving low-income children and their families including the
homeless, foster children, disabled
Since the beginning of BFS, we have been successful in serving low-income children and their families. We
currently have enrolled children who are from foster care, homeless, disabled, and those with Autism/ADHD and
other special needs. A huge percentage of the children we serve are on Temporary Assistance for needy families
(TANF) and food stamps.
One of the owners of BFS will be completing her Master's degree in May 2015 from ASU in Autism Spectrum
Disorders. This degree is something she decided to obtain because of the amount of Autistic Children in the center
and because of her 9-year-old son with Autism. She received hand-on experience during her internship and has
extensive training in ABA- Applied Behavioral Analysis, Parent Family Relationships, Individualized Education
SERIAL 14116-RFP
Program (IEP), and making "Individual Service Plan". The owner has a host of resources and references at hand
because of her educational background and established networks with the Autism community.
BFS is not accredited at this time with NAEYC, NAC or CDA however; upon receipt of this grant we will start the
accreditation process to ensure compliance if needed.
Organizational Capacity:
BFS is a licensed childcare facility that is fiscally responsible and viable. The owners and management staff of BFS
have over 14 years of experience collectively. In addition, many of the staff members at BFS have college degrees.
These include CDA, bachelor's degree in Business and in May of 2015 we will be adding a degree in Autism
Spectrum Disorders to educational qualifications. BFS has mastered using the resources at hand. We have
achieved this by being actively involved within the community by attending events and participating in programs to
ensure children benefit by quality.
BFS meets and maintains health and safety requirements of the faculty and maintains compliance as required by
AZDHS. In addition, we have a risk-management plan and practice safety drills on a monthly basis. The school is
equipped with devices to communicate internally and these practices occur daily. We also conduct monthly staff
meetings in which we discuss all present issues of the center. BFS has a very good communication structure in
place for the staff We have an open door policy to the management and owners. The management team's main
objective is to stop an issue before it becomes a problem. We resolve disputes immediately through internal
communication and staff meetings. We continue to nurture and support this relationship by involving staff in team
building process.
Hours of Operation
BFS's hours of operation are Monday through Friday from 6:00am to 6:00pm.
Upon receipt of the grant we are willing to adjust our hours of operation if needed to meet program requirements.
Ages Served and Staffing Rations of classroom that serve children birth to age three
Current Ratios at BFS are the ratios set by the AZDHS
Nursery 1:5
One's 1:6
Two's 1:8
Three's 1:13
Upon receipt of this grant we will adjust the ratios to meet program requirements.
At BFS, each classroom schedule varies however; children's daily schedule includes structured and unstructured
activities. No child is forced to participate because children's schedules revolve around learning centers these are
located indoors and outdoors. Every classroom is unique but all share common learning centers that are age and
developmentally appropriate.
At BFS, the owners have developed their own curriculum. We believe children benefit when teachers engage in
stimulating interactions that support learning. The curriculum we use allows our teachers to engage children to
acquire new knowledge and skills. Children are also given an opportunity to elicit verbal responses and have
meaningful reactions. This allows an environment that fosters engagement and enjoyment in learning.
Upon Receipt of this grant we will change curriculum to meet program requirements.
BFS requires constant supervision of the children as required by AZDHS and Quality First. Children who enter the
facility are greeted and welcomed into the classroom and children who depart are given to their parents. If a child
for any reason needs to change classroom, he or she is physically escorted to the classroom. All classrooms
document child's entry and departure along with the continuous journals. When children enter the restrooms they
are monitored. Children are never left alone at BFS for any reason. On the playground, children are always in line
of sight. Teachers are continuously being monitored by management staff to ensure this practice is met and a video
system is in place as a back up to ensure this is happening.
We believe effective supervision reduces the risk of harm to children by preventing injuries and accidents. Effective
supervision also promotes positive and responsive learning environments for children. This allows the caregiver of
the classroom to be involved and familiar with the children.
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To ensure effectiveness teachers are required to be constantly aware of the physical environment they are in.
Teachers and administration is required to conduct regular safety checks of the program premises and equipment to
remove hazards.
• We have position equipment and arrange the environment such that easy line of sight supervision is
possible for children's play, rest, and toilet areas.
• The office assists with the supervision by knowing who in on the premises at all times and who is
authorized to pick-up a child from the program in place of a parent.
• We maintain supervision by monitoring children's arrival and departures, and ensuring that both arrival and
departure times are accurately recorded.
• In addition it is everyone's job to ensure children are monitored at all times.
Upon Award of Contract:
Since this facility is in excellent shape, with required agreements in place, and serving children with DES subsidy,
FTF subsidy, and already serving children with subsidy, we feel that can be in full compliance in a 12-month-period
with including a 3 star rating that will occur at the next assessment. If EHS requires additional items then the
timeline may need to be adjusted.
Month 1:
• A Review of Contract Requirements and Compliance Concerns will be conducted.
• We will implement the current plan of action. If any items can be accelerated to an earlier date, we will do
so to comply with the program.
BFS has several staff with educational experience in early childhood. We also would like to take the 12-month
period to get staff that is capable of meeting CDA requirements the opportunity to obtain a CDA. We have several
staff members that are excellent childcare professionals capable of meeting the CDA requirements. Upon receiving
the contract, we would like to have the staff interested in obtaining CDA to be given a chance to comply with the
requirements through education.
In the last few years, BFS is eagerly seeking early childhood professionals with higher education as required by
FTF. We have discovered that developing a training system and providing educational opportunities is a good way
to help our field produce quality staff.
• Upon award of the contract and start date of EHS program, we will have& -;lassrooms devoted to ECH.
The other classrooms will continue to service L year olds and up.
Number o ECH Age EHS Ratio Room Capacity Square Footage Per
[ , Classrooms Classroom
, Infants 1:4 8 411
One's 1:4 8 411
1 Two's 1:4 8 576
Three's 1:4 8 818
Hours of Operation
Hours of operation will be adjusted at BFS to accommodate the needs of the EHS community families we serve.
BFS is currently open 6:00 am -6:00pm. We will work with EHS program and the families of children to ensure the
hours of operation accommodate the needs of the parents and the community.
• Marketing will be in place to ensure children are given opportunity to experience Early Head Start.
• Site will come into compliance with the requirements outlined by the grant and working in close
relationship with the Maricopa County. We feel the site meets much of ECH requirements.
• All Areas of concern will be written into a 12-month action plan if any issues are found we will work to
resolve them with a change in the initial time frame.
SERIAL 14116-RFP
• Bids will be obtained for any and all work, including the playground. We feel that the playground will have
to be renovated in order to obtain EHS quality standards
• Training will be occurring to ensure 3 star quality rating.
Month One:
• EHS ratios would occur at the beginning of the program.
• Order new equipment for all classrooms
• Start new curriculum
Month 2:
• Site improvements begin.
• Playground renovation occurs to meet quality standards
• All newly hired teachers will be undergoing orientations and trainings to ensure all employment
qualifications are met.
• Phone lines will be installed in every classroom.
• Computers will be placed in every classroom.
• Curriculum and other operational needs will be installed in classrooms.
• All current staff will work on educational requirements.
• Any open Head Start positions will be filled based on marketing attempts or any other county requirements.
• Administration will be continuously evaluating the program, mastering requirements and coming up with
systematic plans.
• Training and site improvement will be occurring.
• We will order all of the equipment needed.
• Phase 2 of any required site improvements will occur.
• Evaluation of program thus far will be conducted to see if there is any improvement we can make.
• Training will be occurring to ensure 3 star quality rating.
• Install new equipment for the new three's room.
Month 3
• All required site improvements should be complete.
• All purchases and improvements will be complete.
• Teachers will continue training.
Month 4
• Teachers will continue educational training until complete.
• Mastery of all program requirements is expected.
• Training will be occurring to ensure 3 star quality rating.
• Mock assessments will be conducted.
• All reports will be submitted.
• If any concerns are found, they will be addressed and new time frames will be given.
Months 5 -12
• Educational training will continue
• Mock Assessments will occur to ensure high quality rating
• Monthly assessment of program will occur by management to ensure 100% compliance of all areas.
SERIAL 14116-RFP
EXHIBIT C
EARLY HEAD START CHILD CARE PARTNERSHIP CHECKLIST
EARLY HEAD START CHILD CARE PARTNERSHIP
CHECKLIST
Name of Organization:
ADHS License # Li)
DES License # 2.S CZ- 0 7 - 1
Do you participate in First Things First Quality Fi
Do you have a quality rati
If yes, what is your star quality rating?
Do you have any other national quality accreditation
If yes, what is it?
Do you have a history of serving children with subsidies? 5, 0
If yes, how many children did you serve during the last 6 on hs?
list your current insurance policy and level of coverage:
General operational liability
Automobile
Physica xual abu nd molestation
Workman's Compensation Ma _
Are yo using evidence-based curriculum
If yes, what curriculum do you use mm
Are you doing any child d ent screeningsand assessments?
If yes, what tools do you use mm
Do you serve children with disabilities?
If yes, how many children did you se e during the la onths
What is your experience with CACFP?
mm