CONTRACT RE SMOKE FREE LIVING WITH AZ MULTIHOUSING ASSOCIATION.DOC

CONTRACT PURSUANT TO PH RFP 15-013
CONTRACT #: 860-15-013
This Contract is entered into this 18th day of February, 2015 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Arizona Multihousing Association, (“Contractor”) for the purchase
of Arizona Smoke-Free Living Industry Outreach services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of one (1) year, beginning on the 18th day of February,
2015 and ending the 17th day of February, 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 five (5) years, (or at the
County’s sole discretion, extend the contract on a month-to-month basis for a maximum
of six (6) months after expiration). The County shall notify the Contractor in writing of its
intent to extend the Contract term at least thirty (30) calendar days prior to the expiration of the
original contract term, or any additional term thereafter.
2.0 FEE ADJUSTMENTS:
Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration
date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate
documentation. If County agrees to the adjusted fee, County shall issue written approval of the change.
The reasonableness of the request will be determined by comparing the request with the (Consumer Price
Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit 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
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 County purchase order number
 Invoice number and date
 Payment terms
 Date of service or delivery
 Quantity
 Contract Item number(s)
 Description of service provided
 Pricing per unit of service
 Extended price
 Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
3.3.3 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
(http://www.maricopa.gov/Finance/Vendors.aspx)
3.3.4 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.
4.0 AVAILABILITY OF FUNDS:
4.1 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.
4.2 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.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing
by the Procurement Officer.
5.2 During the Contract term, County shall provide Contractor’s personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION:
6.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and employees
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from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the performance of this Contract.
Contractor’s duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
or mistakes in the performance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
6.1.2 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.
6.1.3 The scope of this indemnification does not extend to the sole negligence of County.
6.2 INSURANCE REQUIREMENTS:
6.2.1 Contractor, at Contactor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of A-, VII or higher. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contactor 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.
6.2.6 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.
6.2.7 The insurance policies required by this Contract, except Workers’ Compensation, and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
6.2.8 The policies required hereunder, except Workers’ Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
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County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
6.2.9 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property damage.
6.2.10 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services under this Contract.
6.2.11 Workers’ Compensation.
6.2.11.1 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 $100,000 for each accident, $100,000 disease
for each employee, and $500,000 disease policy limit.
6.2.11.2 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.
6.2.12 Errors and Omissions Insurance.
Errors and Omissions insurance and, if necessary, Commercial Umbrella insurance,
which will insure and provide coverage for errors or omissions of the Contractor, with
limits of no less than $1,000,000 for each claim.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to commencing work or services under this Contract, Contractor shall have
insurance in effect as required by the Contract in the form provided by the
County, issued by Contractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Contract are in full
force and effect. Such certificates shall be made available to the County upon
48 hours notice. BY SIGNING THE AGREEMENT PAGE THE
CONTRACTOR AGREES TO THIS REQUIREMENT AND UNDERSTANDS
THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF THIS CONTRACT.
6.2.13.1.1 In the event any insurance policy (ies) required by this
Contract is (are) written on a “claims made” basis, coverage
shall extend for two (2) years past completion and acceptance
of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
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6.2.13.1.2 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.
6.2.14 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.
6.3 WARRANTY OF SERVICES:
6.3.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County’s acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
6.3.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
6.4 INSPECTION OF SERVICES:
6.4.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
6.4.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
6.4.3 If any of the services do not conform with Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at on
increase in Contract amount. When the defects in services cannot be corrected by re-
performance, County may:
6.4.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.4.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.4.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
6.4.4.1 By Contract or otherwise, perform the services and charge to the Contractor any
cost incurred by County that is directly related to the performance of such
service; or
6.4.4.2 Terminate the Contract for default.
6.5 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
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CONTRACT #: 860-15-013
Maricopa County
Department of Public Health
Attn: Cheryl Rentscheler, Procurement Officer
4041 N. Central Avenue, #1400
Phoenix, AZ 85012
(602) 506-6886
cherylrentscheler@mail.maricopa.gov
For Contractor:
Arizona Multihousing Association
Attn: Tom Simplot
818 N. 1st Street
Phoenix, AZ 85004
(602) 296-6178
tsimplot@azama.org
6.6 TERMINATION FOR CONVENIENCE:
The County reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of the County without penalty or recourse. Upon receipt of the written notice,
the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors
of the effective date of the termination and minimize all further costs to the County. In the event
of termination under this paragraph, all documents, data and reports prepared by the Contractor
under the Contract shall become the property of and be delivered to the County upon demand.
The Contractor shall be entitled to receive just and equitable compensation for work in progress,
work completed and materials accepted before the effective date of the termination.
6.7 TERMINATION FOR DEFAULT:
6.7.1 In addition to the rights reserved in the Contract, the County may terminate the Contract
in whole or in part due to the failure of the Contractor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance policies, bonds,
licenses and permits, or to make satisfactory progress in performing the Contract. The
Procurement Officer shall provide written notice of the termination and the reasons for it
to the Contractor.
6.7.2 Upon termination under this paragraph, all goods, materials, documents, data and reports
prepared by the Contractor under the Contract shall become the property of and be
delivered to the County on demand.
6.7.3 The County may, upon termination of this Contract, procure, on terms and in the manner
that it deems appropriate, materials or services to replace those under this Contract. The
Contractor shall be liable to the County for any excess costs incurred by the County in
procuring materials or services in substitution for those due from the Contractor.
6.7.4 The Contractor shall continue to perform, in accordance with the requirements of the
Contract, up to the date of termination, as directed in the termination notice.
6.8 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed on account of its insolvency, the County may
terminate the Contract. If the Contractor should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to provide enough properly skilled
workers or proper materials, or persistently disregard laws and ordinances, or not proceed with
work or otherwise be guilty of a substantial violation of any provision of this Contract, then the
County may terminate the Contract. Prior to termination of the Contract, the County shall give the
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Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice, the
Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
6.9 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this 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.
6.10 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 under this contract.
6.11 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete products and/or services provided under this
Contract. If a requirement is deleted, payment to the Contractor will be reduced proportionately to
the amount of service reduced in accordance with the proposal price. If additional services and/or
products are required from this Contract, prices for such additions will be negotiated between the
Contractor and the County.
6.12 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, partnership, principal and agent, or joint venture
between the District and the Contractor.
6.13 SUBCONTRACTING:
The Contractor may not assign this Contract or subcontract to another party for performance of the
terms and conditions hereof without the written consent of the County, which shall not be
unreasonably withheld. All correspondence authorizing subcontracting must reference the
Proposal Serial Number and identify the job project.
6.14 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. The
Public Health Procurement Officer and/or the Office of Procurement Services’ Chief Procurement
Officer shall be responsible for approving all amendments for Maricopa County.
6.15 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.15.1 In accordance with section MCI 367 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
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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.
6.15.2 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.
6.15.3 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
of the County, and may include either an adjustment to future claim 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.
6.16 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.
6.17 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.
6.18 RIGHTS IN DATA:
The County shall own have the use of all data and reports resulting from this Contract without
additional cost or other restriction except as provided by law. Each party shall supply to the other
party, upon request, any available information that is relevant to this Contract and to the
performance hereunder.
6.19 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.
6.20 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.20.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
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6.20.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph
6.20.1 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
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
6.21 CONTRACTOR LICENSE REQUIREMENT:
6.21.1 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 Materials
Management and the using agency of any and all changes concerning permits, insurance
or licenses.
6.21.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.22 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.22.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
6.27.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.27.1.2 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;
6.27.1.3 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
6.27.1.4 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.
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6.22.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
6.22.3 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.
6.23 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
6.24 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.
6.25 AUDIT REQUIREMENTS
6.25.1 If the Contractor expends $500,000 or more from all contracts administered and/or
funded via County, and/or receives $500,000 or more per year from any federal funding
sources, the Contractor may be subject to Federal audit requirements per P.L. 98-502
"The Single Audit Act". The Contractor shall comply with OMB Circulars A-128, A-
110, and A-133 as applicable. The audit report shall be submitted to the Maricopa
County Department of Public Health for review within the twelve months following the
close of the fiscal year. The Contractor shall take any necessary corrective action to
remedy any material weaknesses identified in the audit report within six months after the
release date of the report. Maricopa County may consider sanctions as described in OMB
Circular A-128 for contractors not in compliance with the audit requirements. All books
and records shall be maintained in accordance with Generally Accepted Accounting
Principles (GAAP).
6.25.2 The Contractor shall schedule an annual financial audit to be submitted to County for
review within twelve months following the close of the program’s fiscal year. Contractor
understands that failure to meet this requirement may result in loss of current funding and
disqualification from consideration for future County-administered funding.
6.25.3 The Contractor shall comply with the requirement of the Federal Office of Management
and Budget (OMB) Circular A-133. The Contractor is responsible for having an audit
performed in accordance with, and when required, by OMB Circular A-133, and for
sending a copy of the report issued as a results of the audit to the COUNTY within 30
days of issuance. The County reserves the right to engage an auditor, at the Contractor’s
expense, to perform an OMB Circular A-133 audit of the Contractor in the event that the
Contractor shall fail to engage an auditor or the County shall reject or disapprove of the
auditor engaged by the Contractor.
6.25.4 The Contractor must also comply with the following OMB Circulars:
1.0 A-102 Uniform Administrative Requirements for Grants to State and Local
Government.
2.0 A-110 Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals and other non-profit organizations.
3.0 A-122 Cost Principles for Non-Profit Organizations.
4.0 A-87 Cost Principles for State and Local Governments.
5.0 A-21 Cost principles for Education Institutions.
6.26 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.
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An attempt to influence includes, but is not limited to:
6.26.1 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,
6.26.2 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.
6.27 PUBLIC RECORDS:
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 after Contract
award and execution, except for such Offers deemed to be confidential by the Office of
Procurement Services. If an Offeror believes that information in its Offer should remain
confidential, it shall indicate as confidential, the specific information 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. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
6.28 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.28.1 Exhibit A, Pricing;
6.28.2 Exhibit B, Scope of Work
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CONTRACT #: 860-15-013
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
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CONTRACT #: 860-15-013
EXHIBIT A
PRICING SHEET
BIDDER NAME: Arizona Multihousing Association
F.I.D./VENDOR #: 86-0210619
BIDDER ADDRESS: 818 N. 1st. Street, Phoenix, AZ 85004
P.O. ADDRESS:
BIDDER PHONE #: 602-296-6200
BIDDER FAX #: 602-296-6178
COMPANY WEB SITE: www.azama.org
COMPANY CONTACT (REP): Mr. Tom Simplot
E-MAIL ADDRESS (REP): tsimplot@azama.org
PAYMENT TERMS: BIDDER IS REQUIRED TO SELECT ONE OF THE
FOLLOWING: TERMS WILL BE CONSIDERED IN DETERMINING LOW BID.
FAILURE TO CHOOSE A TERM WILL RESULT IN A DEFAULT
TO NET 30. BIDDER MUST INITIAL THE SELECTION BELOW.
NET 10
NET 15
NET 20
NET 30 TS
NET 45
NET 60
NET 90
2% 10 DAYS NET 30
1% 10 DAYS NET 30
2% 30 DAYS NET 31
1% 30 DAYS NET 31
5% 30 DAYS NET 31
COMPENSATION/FEES: TOTAL AMOUNT
Smoke-Free Living Facilities $94,998
Conduct assessment, educational and advocacy activities related to promoting smoke free multihousing
alternatives including policy and procedure development.
Respondent's signature below indicates understanding and agreement to perform the services
outlined in the Request for Proposal indicated above for the total amount they have listed
above.
Signature (REQUIRED) Date
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CONTRACT #: 860-15-013
EXHIBIT B
SCOPE OF WORK
Original Scope of Work from Solicitation:
2.2.1 Goal 1
Decrease Arizonan’s exposure to secondhand smoke in their homes by increasing access to smoke-free multi-
unit housing options.
2.2.1.1 Objectives
2.2.1.1.1Conduct a detailed analysis of the status of smoke-free multi-unit housing policies in
Arizona and share results with ASFL. At a minimum, this analysis should include:
2.2.1.1.1.1 Property name
2.2.1.1.1.2 City
2.2.1.1.1.3 County
2.2.1.1.1.4 Owner
2.2.1.1.1.5 Management company
2.2.1.1.1.6 Property type (i.e. fair market, subsidized, age restricted)
2.2.1.1.1.7 Number of units
2.2.1.1.1.8 Whether a smoke-free policy has been adopted and/or how many units
are smoke-free
2.2.1.1.1.9 Contact information for the property manager, owner or decision
makers including name, address, phone number and email address.
2.2.1.1.2Conduct at least 40 in-person educational sessions through regional briefings,
presentations, conference break-out sessions, or workshops to property owners, managers
and industry professionals to educate them about the process and benefits of going
smoke-free.
2.2.1.1.3 Promote incentives for going smoke-free (i.e. Low Income Housing Tax Credit points for
having a smoke-free policy) and connect owners, managers and developers to existing
training opportunities.
2.2.1.1.4 Reach out to decision makers in the multi-family industry to provide education,
resources and technical support leading to adoption and implementation of smoke-free
policies in targeted Arizona counties.
2.2.1.1.5Work on a systems level approach to persuade management companies or property
owners to adopt a smoke-free policy for their entire portfolio.
2.2.1.1.6 Research, develop outreach plans, and lead advocacy efforts for state and municipal
policy options to encourage smoke-free multi-unit housing.
2.2.2 Goal 2
Increase awareness among multi-housing industry professionals of the health risks and economic impact of
secondhand smoke through social media campaigns, collateral material, and websites.
2.2.2.1 Objectives
2.2.2.1.1 Build messaging and disseminate campaigns to create a deeper understanding of health
risks associated with secondhand smoke exposure and return on investment for
properties going smoke-free.
2.2.2.1.2 Disseminate messaging on multi-housing industry websites, social media, newsletters or
other channels and drive traffic to www.AZSmokeFreeLiving.org.
2.2.2.1.3 Contribute resources and content to www.AZSmokeFreeLiving.org and ASFL social
media on an ongoing basis.
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CONTRACT #: 860-15-013
2.2.2.1.4 Implement a community relations and recognition program for properties with ASFL
smoke-free designations and other partners supporting smoke-free efforts.
Contractor’s Proposal:
2.17.3 EXECUTIVE SUMMARY
The Arizona Multihousing Association proposes a continuum of services to promote smoke-free living
environments throughout Arizona.
Organizational Overview: Arizona Multihousing Association (AMA) was established in 1966 and includes a
membership of 2000 organizations including owners, developers, property management organizations and vendors
related to multihousing communities. The membership includes 70% of multihousing communities with over 50
units from throughout the state. The AMA has partnered with several other organizations to implement community
initiatives related to early childhood development, fire safety and drowning prevention. Mr. Tom Simplot, the
President & CEO of the AMA has extensive collaborations with elected officials and key management and
executive staff at various governmental levels. This experience and expertise will be key in implementing the
strategic initiatives related to policy development and implementation.
General Approach to Providing Services:
AMA proposes the following activities in support of the goals of the project:
1. Conduct an assessment process to collect data from the multi-housing community about the status of current
implementation of smoke free policies and identify supports and barriers.
2. Provide education strategies with decision makers and other key partners about the benefits of establishing
smoke-free policies in communities.
3. Work with other key partners, decision makers, elected official, and others to implement smoke free policies.
4. Develop an archive of resources and strategies to encourage implementation of smoke-free strategies at all
levels.
2.17.4 PROPOSAL
This section should contain a statement of all of the programs and services proposed, including conclusions and
generalized recommendations. Proposals should be all-inclusive, detailing respondent’s best offer.
2.2 SCOPE OF WORK:
2.2.1 Goal 1
Decrease Arizonan’s exposure to secondhand smoke in their homes by increasing access to smoke-free multi-
unit housing options.
2.2.1.1 Objectives
2.2.1.1.1Conduct a detailed analysis of the status of smoke-free multi-unit housing policies in Arizona and share
results with ASFL. At a minimum, this analysis should include:
The Arizona Multihousing Association (AMA) has a robust membership that will provide the opportunity to collect
and analyze data about the status of smoke-free multi-unit housing policies in Arizona. The membership represents
approximately 70% of all multi-family communities over 50 units in Arizona and includes 2000 members. In order
to complete an analysis, a broad surveying process will take place of not only the AMA membership, but other
Multihousing units throughout Arizona. Several strategies will take place to collect data and information. They
include:
 A survey will be developed and administered electronically. Information that will be collected includes:
1) Property Name
2) City
3) County
4) Owner and/or Management Company
5) Property type including items such as subsidized/fair market, age restricted, or student housing.
6) Number of units in the apartment community.
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CONTRACT #: 860-15-013
7) Current status related to smoke-free policies. Has a policy been adopted? Are all or some units set aside as
smoke-free? Are there different standards used related to deposits? Is there dedicated outdoor space where
smoking can occur?
8) How would incentives impact a decision about adopting smoke-free policies?
9) What is the perception about the impact of adopting smoke-free policies? (i.e. negative impact to income,
cost, and perception that residents want the choice)
10) Contact information for owner and/or manager.
 Five focus groups will take place throughout the state. Focus group members will include managers, residents,
and owners. The purpose of the focus groups will be to collect information about what is the perception of the
impact of smoke free policies.
 Five Key Informant Interviews will take place with individuals that have different perspectives about smoke
free policies. Interviews will take place with individuals representing health care, legal, elected officials,
property owners, and advocates.
 Secondary data review will also take place and will include best practices, data about the impact of smoke free
multi-housing properties, successful strategies in other communities including examples of city ordinances or
zoning regulations as applicable.
All of the information collected will be synthesized and a report will be developed and shared with ASFL, AMA
members, communities, and elected officials.
2.2.1.1.2 Conduct at least 40 in-person educational sessions through regional briefings, presentations, conference
break-out sessions, or workshops to property owners, managers and industry professionals to educate them about
the process and benefits of going smoke-free.
AMA will develop a PowerPoint presentation and collateral information including handouts, resource list and
provide 40 in person educational sessions throughout Arizona. Additional resources will also be available on the
AMA website so that anyone can access information at any time. It is estimated that 10 sessions will take place
each quarter. AMA through its current activities has several opportunities to provide educational sessions—they
include monthly meetings, regional conferences, trade shows, and other training sessions. AMA will use all of these
opportunities to schedule the in-person educational sessions. Examples include: 2Q – Phoenix Trade Show (1), May
Board of Directors meeting (1), Phoenix & Tucson April dinner meetings (2), and Project S.A.F.E. resident events
(6)
2.2.1.1.3Promote incentives for going smoke-free (i.e. Low Income Housing Tax Credit points for having a
smoke-free policy) and connect owners, managers and developers to existing training opportunities.
The AMA will outreach to the Arizona Department of Housing, cities, counties, Industrial Development Authorities
and other appropriate entities in order to develop resource tools for owners, managers, and developers about whether
and how incentives are provided as well as what incentives are available. Information about incentives will be
distributed through AMA’s website, at conferences and trade events, and other meetings as appropriate.
2.2.1.1.4Reach out to decision makers in the multi-family industry to provide education, resources and technical
support leading to adoption and implementation of smoke-free policies in targeted Arizona counties.
Mr. Simplot, with support from AMA staff and members will provide leadership in efforts to reach out to decision
makers in the industry. In addition to individual outreach, AMA will convene roundtable of decision makers to
discuss smoke free policies in order to identify barriers to implementation so that those issues, over time may be
more effectively addressed.
2.2.1.1.5Work on a systems level approach to persuade management companies or property owners to adopt a
smoke-free policy for their entire portfolio.
AMA’s membership represents 70% (2000 members) of all multihousing projects 50 units and above. The AMA
Board of Directors consists of forty representatives – CEOs, senior vice presidents, and regional management level
employees - from the state’s largest property management companies. As a result, AMA is uniquely positioned to
educate and provide technical support to adopt and implement smoke free policies. AMA, through its regular
communication processes including meetings, trade shows, conferences and workshops, will systematically provide
information about the benefits of adopting smoke free policies.
2.2.1.1.6Research, develop outreach plans, and lead advocacy efforts for state and municipal policy options to
encourage smoke-free multi-unit housing.
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CONTRACT #: 860-15-013
Mr. Simplot, with support from AMA staff and members will develop strategies to encourage smoke-free multi-unit
housing. Established relationships with elected officials, the Arizona League of Cities, and Towns, the Arizona
Counties Association and other groups will be used to develop a strategic plan to promote municipal policies. This
process will include collaboration with Maricopa County, the Arizona Department of Health Services, ASFL and the
Arizona Lung Association to ensure that efforts are coordinated and complement.
2.2.2 Goal 2
Increase awareness among multi-housing industry professionals of the health risks and economic impact of
secondhand smoke through social media campaigns, collateral material, and websites.
2.2.2.1 Objectives
2.2.2.1.1Build messaging and disseminate campaigns to create a deeper understanding of health risks associated
with secondhand smoke exposure and return on investment for properties going smoke-free.
The following activities will take place to build messaging and disseminate campaigns:
1. AMA will collaborate with associations such as Lung, Heart, and Cancer to develop accurate material and
information about health risks associated with second hand smoke exposure.
2. AMA will outreach to other multihousing associations about their experience related to smoke-free policy
implementation and return on investment.
3. AMA will conduct research and develop educational brochures, PowerPoint presentations, and other materials
that provide factual information about the return on investment. These materials will subsequently be
distributed through workshops, the AMA website, at events and trade shows. The purpose of this is to provide
accurate information about the possible impact on revenue for adopting smoke-free strategies.
2.2.2.1.2Disseminate messaging on multi-housing industry websites, social media, newsletters or other channels
and drive traffic to www.AZSmokeFreeLiving.org.
AMA will take the following actions to disseminate messaging and drive traffic to AZSmokeFreeLiving.org:
1. AMA will place a link on its own website.
2. AMA will promote AZSmokeFreeLiving.org through its social media sites including Facebook and Twitter.
3. AMA will encourage its members that have their own websites and newsletters to provide linkage to
AZSmokeFreeLiving.org: This may include property management companies as well as individual multi-
housing communities.
4. AMA will use Pinterest to post ideas from among participating properties.
2.2.2.1.3Contribute resources and content to www.AZSmokeFreeLiving.org and ASFL social media on an
ongoing basis.
AMA throughout the course of the project will communicate regularly with ASFL and contribute content. Examples
of the type of content to be provided includes:
 Quarterly news content about efforts or educational information pieces about smoke-free efforts.
 Survey results and report related to current status of smoke-free policy implementation in multihousing units
throughout the state.
 Examples of best practices of smoke-free policy implementation from other states and communities.
 Examples of smoke-free ordinances and policies that have been adopted in Arizona and other states.
AMA will communicate with ASFL staff on a monthly basis to discuss how the activities under this contract can
complement their efforts and activities.
2.2.2.1.4Implement a community relations and recognition program for properties with ASFL smoke-free
designations and other partners supporting smoke-free efforts.
AMA will collaborate with ASFL and utilize a variety of AMA existing activities as opportunities for community
relations and recognition programs for properties and other partners. Examples include:
1. Many of the AMA members that are property management companies have their own marketing and
communication tools. These newsletters can be used to recognize community and individual property efforts
related to establishing smoke free policies.
2. AMA will add recognition opportunities to several of its current activities including dinner meetings, trade
shows, maintenance training days (also known as maintenance mania events).
3. AMA will utilize its website and social media sites to also recognize smoke free implementation efforts.
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CONTRACT #: 860-15-013
USAGE REPORT: The Contractor shall furnish the County a monthly report delineating the activity
governed by the Contract. The format of the report shall be approved by the County and shall disclose the
quantity and dollar value of each contract item by individual unit.
AMA will provide Maricopa County a monthly activity report in the format approved by the county.
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CONTRACT #: 860-15-013
Work Plan
Goal/Objective Activity Date
Program Start Up Finalize Contract Terms with Maricopa County 2/15/15
Program Start Up Hire Community Coordinator 2/28/15
Program Start Up Purchase required supplies including laptop computer 2/28/15
Survey/Detailed Develop and Administer Survey for Assessment about status of 3/31/15
Analysis of smoke- smoke free policy implementation in multihousing complexes
free policies in throughout Arizona.
multi-housing Data will be collected through May 2015. 5/31/15
units Conduct Focus Groups and Key Informant Interviews 7/31/15
Analyze and compile data, complete report 10/31/15
Provide 40 Conduct 10 educational Sessions per quarter throughout the 5/31/15
Educational state at conferences, events and other meetings 8/31/15
Sessions 11/30/15
2/29/16
Advocacy/ Conduct meetings with AMA members, Elected Officials, and Ongoing throughout
Incentive other Key Stakeholders about smoke-free multihousing policies project period
Promotion
Messaging/Campa Outreach to Arizona Lung and other organizations to develop Campaign
igns informational campaign. developed by
Draft content 5/31/15 and
Disseminate information implemented
through 2/29/16
Disseminate Activities will begin by April and continue throughout the 4/30/15
messaging on project
websites, social
media
Contribute Initial meeting scheduled with ASFL will take place by 3/30/15 3/30/15 and
resources to ASFL and a plan for content contribution at least quarterly. ongoing
Community Provide a minimum of three recognition activities by the end of 2/29/16
Relations and the project period
recognition
program
Reporting (Usage Staff will document all activities related to the project on a 3/20/15
Report) monthly basis in a documentation database. 4/20/15
5/20/15
Submit Monthly reports—20 days after the end of each month 6/20/15
7/20/15
8/20/15
9/20/15
10/20/15
11/20/15
12/20/15
1/20/16
2/20/16
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CONTRACT #: 860-15-013
2.17.6 BUDGET COMPENSATION
This section shall include the proposed budget and a narrative budget justification for the project described above. It
shall detail the compensation requested and describe how the final figure (as shown in Attachment A) was
determined. In addition, a payment schedule linking the deliverables to respondent’s requested compensation shall
be proposed. Respondents are strongly encouraged to identify ways in which progress payments can be made
towards completion of stated deliverables.
How final amount was determined: Please see line item budget that follows.
Payment Schedule—
Date Deliverables
3/20/15 Monthly Report to Maricopa County,
Documentation of staff hiring and other activities to support project implementation,
Initial activities on survey about smoke free living policies statewide
Documentation of meetings with collaborators, partners, members, elected officials.
4/20/15 Monthly Report to Maricopa County
Continued activities related to survey and data collection process
Outreach to decision makers begin—Progress and contacts will be documented monthly
Documentation of meetings with collaborators, partners, members, elected officials.
5/20/15 Monthly Report to Maricopa County
Continued activities related to survey and data collection process
10 Community Education Activities during the Quarter
Documentation of meetings with collaborators, partners, members, elected officials.
6/20/15 Monthly Report to Maricopa County
Continued activities related to survey and data collection process
Documentation of meetings with collaborators, partners, members, elected officials.
7/20/15 Monthly Report to Maricopa County
Continued activities related to survey and data collection process
Documentation of meetings with collaborators, partners, members, elected officials.
8/20/15 Monthly Report to Maricopa County,
Continued activities related to survey and data collection process
10 Community Education Activities during the Quarter
Documentation of Trade Show attendance during the prior six months
Documentation of meetings with collaborators, partners, members, elected officials.
9/20/15 Monthly Report to Maricopa County, Documentation of meetings with collaborators,
partners, members, elected officials.
Continued activities related to survey and data collection process
Documentation of meetings with collaborators, partners, members, elected officials.
10/20/15 Monthly Report to Maricopa County,
Final Report related to survey and data collection process.
Documentation of meetings with collaborators, partners, members, elected officials.
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CONTRACT #: 860-15-013
Date Deliverables
3/20/15 Monthly Report to Maricopa County,
Documentation of staff hiring and other activities to support project implementation,
Initial activities on survey about smoke free living policies statewide
Documentation of meetings with collaborators, partners, members, elected officials.
11/20/15 Monthly Report to Maricopa County,
10 Community Education Activities during the Quarter
Documentation of meetings with collaborators, partners, members, elected officials.
12/20/15 Monthly Report to Maricopa County
Documentation of meetings with collaborators, partners, members, elected officials.
1/20/16 Monthly Report to Maricopa County
Documentation of meetings with collaborators, partners, members, elected officials.
2/20/16 Monthly Report to Maricopa County
10 Community Education Activities during the Quarter
Documentation of Trade Show attendance during the prior six months
Explain how progress payments can be made towards completion of stated deliverables
AMA requests equal payments of $7,916.50 (a total of $94,998 for at 12 month project period) on a monthly basis
after documentation has been provided through the monthly report that stated deliverables have been achieved. A
detailed line item budget in support of this request follows.
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