SCOTTSDALE UNIFIED SCHOOL DISTRICT FOOD CONTRACT AGREEMENT.PDF
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CONTRACT
FOR SERVICES
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
SCOTTSDALE UNIFIED SCHOOL DISTRICT
C - 2 027-3 0
Agreement Amount: $23,879
Agreement Start Date: October I, 2014
Agreement Termination Date: June 30, 2015
This Agreement is entered into by and between Scottsdale Unified School District s (hereinafter referred to
as the "District"), and Maricopa County, administered by its Human Services Department, (hereinafter
referred to as the "Department"). The District and Department are collectively referred to herein as the
"Parties" and individually as a "Party." The District, for and in consideration of the covenants and
conditions set forth in this Agreement, shall provide and perform the services set forth herein. All rights
and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, attachments,
and appendices, including any Subcontracts, Amendments, or Change Orders as set forth herein and in:
Section I — General Provisions
Section II — Special Provisions
Section III — Work Statement
Section IV — Compensation
District Representative: Dr. David J. Peterson, Superintendent Phone: 480-484-6120
Email: dj peter son su s d o rg
Address: 3811 North 44th Street, Phoenix, AZ 85
County Representative: Bruce Liggett, Department Director Phone: 602-506-5911
Email: liggettbaD,mail.maricopa.gov
Address: 234 N. Central, Suite #3201, Phoenix, AZ 85004
Notice under this Agreement shall be given by personal delivery or by registered or certified mail,
postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be
effective three (3) days after being mailed unless otherwise indicated in the notice.
THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY ARE AWARE THAT THE
CIVIL SERVICES DIVISION OF THE MARICOPA COUNTY ATTORNEY'S OFFICE (CIVIL
DIVISION) MAY BE CHOSEN AS THE ATTORNEY FOR OTHER PARTIES TO THIS
AGREEMENT, AND THE SIGNING PARTY ACKNOWLEDGES THAT IT IS AWARE OF A
POTENTIAL CONFLICT OF INTEREST, AND IT WAIVES ANY CLAIM OF CONFLICT OF
INTEREST, WHICH MAY ARISE BY VIRTUE OF CIVIL DIVISION'S REPRESENTATION OF
OTHER PARTIES TO THIS AGREEMENT.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any
Party hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any
defense in a lawsuit brought against the State of Arizona, County, or the District in any State or federal
court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By:
DISTRICT
upervisors
OCT 2 2 2014
DATE
DATE
OCT 22 2014
DATE
IN ACCORDANCE WITH A.R. S . §§ 11-201, 11-251 AND 11-952 THIS AGREEMENT HAS BEEN REVIEWED
BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS
PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FO
'9
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Deputy County Attorney
lb lb' 2-014
DATE
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SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
Section I General Provisions Page 1
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement is in conflict with the General
Provisions or the Special Provisions, the Work Statement shall control. To the extent that the
Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work
Statement, the Compensation Provisions shall control. Nothing herein shall operate to increase the
operating Budget without a written amendment thereto.
B. DEFINITIONS
As used throughout this agreement, the following words and terms shall have the following
meanings:
1. Agreement means this Contract between Maricopa County, administered by its Human
Services Department, and the District.
2. Assistant Director means the Director of a specific Division within the Human Services
Department.
3. Board of Supervisors means the Maricopa County Board of Supervisors.
4. Contract Administrator means the person administering this agreement on behalf of the
Department.
5. Contractor means the person, firm or organization listed on the cover page of this
agreement.
6. Contract Specialist means the liaison between the Department and the District. The
Contract Specialist is responsible for monitoring this agreement and providing technical
assistance to the Parties.
7. County means Maricopa County, a political subdivision of the State of Arizona.
8. Department means the Maricopa County Human Services Department.
9. Director means the Director of the Maricopa County Human Services Department.
10. Division means a section of the Human Services Department.
11. Fidelity Bond means a bond to indemnify the District against losses resulting from fraud or
lack of integrity, honesty or fidelity of one or more employees, officers or other persons
holding a position of trust.
12. Juvenile means any person under the age of eighteen (18).
13. Payment Bond means a bond executed to ensure payment as required by law of all persons
performing work or providing materials in the execution of work provided under this
agreement.
14. Performance Bond means a bond executed to secure fulfillment of all of the District's
obligations under this agreement.
Section 1 General Provisions Page 2
15. Program Manager means the Assistant Director of a Division of Human Services.
16. Provider means the District and any Subcontractor providing services under this
agreement.
17. Public Agency has the meaning prescribed by A.R.S. § 11-951.
18. Subcontract means any contract entered into by the District with a third party for
performance of any of the work or the provision of any of the services under this
agreement.
19. Subcontractor means an entity employed by or funded through the District to perform any
of the work or provide any of the services under this agreement.
20. Sub-recipient means the District when the County is the recipient of grant funding.
21. Work Statement means Section 111 of this agreement which describes the services to be
delivered under this agreement.
C. GENERAL REQUIREMENTS
1. The terms of this agreement shall be construed in accordance with Arizona law. Any
lawsuit arising out of this agreement shall be brought in the appropriate court in Maricopa
County, Arizona.
2. District shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services and perform work under this agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance, and
workers' compensation.
3. District is an independent contractor in the performance of all work and the provision of all
services under this agreement and District shall not be considered an officer, employee,
representative, or agent of the County.
4. District shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust or other organization that has a substantial interest in
District's organization or with which District (or any of its directors, officers, owners, trust
certificate holders or a relative thereof) has a substantial interest, unless District has made
full written disclosure of the proposed payments to the Department and has received written
approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S. § 38-502.
D. AMENDMENTS
All amendments to this agreement shall be in writing and signed by authorized signers for both
Parties.
E. ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation or duty under this agreement may be assigned, delegated or
subcontracted, in whole or in part, by District without the prior written approval of the Contract
Section I General Provisions Page 3
Administrator. District shall bear all liability under this agreement, even if it is assigned, delegated,
or subcontracted, in whole or in part, unless the Department agrees otherwise.
F. AVAILABILITY OF FUNDS
1. The provisions of this agreement relating to the payment for services shall become effective
when funds assigned for the purpose of compensating the District, as provided herein, are
actually available to the Department for disbursement. The Director shall be the sole
authority in determining the availability of funds under this agreement and the Department
shall keep the District fully informed as to the availability of funds.
2. If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in
connection with this agreement, the Board of Supervisors may amend, suspend, decrease or
terminate its obligations under or in connection with this agreetnent. In the event of
termination, the County shall be liable for payment only for services rendered prior to the
effective date of the termination, provided that such services performed are in accordance
with the provisions of this agreement. The Department shall give written notice of the
effective date of any suspension, amendment, or termination under this section at least ten
(10) calendar days in advance.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the
expiration date of this agreement. Requests for financial adjustments to this agreement shall be
supported by appropriate documentation. If the County agrees to the budget adjustments, the
County shall follow section D of this agreement to amend this agreement.
IL DISPUTES
1. Except as may otherwise be provided for in this agreement, any dispute arising out of this
agreement that is not resolved between the Parties within a reasonable period of time,
which shall not exceed one hundred twenty (120) days, shall be submitted in accordance
with the following dispute resolution process.
2. Notice of the specific grounds of a dispute shall be in writing and filed with the Contract
Administrator, if one has been appointed, or, if not, with the County Procurement Officer
within ten (10) working days from the date District knew or should have known of the basis
of the dispute. The Contract Administrator or County Procurement Officer, as applicable,
shall respond in writing to District within fourteen (14) working days. The decision of the
Contract Administrator or County Procurement Officer shall be final and conclusive unless,
within seven (7) working days from the date District is served with the decision, District
files a written notice of appeal with the County's Chief Procurement Officer, who shall
provide District with a written response within fourteen (14) working days following
receipt of District's notice of appeal. The decision of the County's Chief Procurement
Officer shall be final and not appealable.
3. Pending a final decision of the County's Chief Procurement Officer, the District shall
proceed diligently with its performance of this agreement in accordance with the Contract
Administrator or County Procurement Officer's decision.
I. DEFAULT
This agreement may be immediately terminated by the County if District fails to pei form any
objective or breaches any obligation under this agreement, or any event occurs that jeopardizes
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Section I General Provisions Page 4
District's ability to perform any of its obligations under this agreement. The County reserves the
right to have services provided by persons other than District if District is unable or fails to provide
required services with the specified time frame.
J. TERMINATION
1. This agreement is subject to cancellation by the County in accordance with the provisions
of A.R.S. § 38-511.
2. Either Party may terminate this agreement at any time by giving the other Party at least
sixty (60) calendar clays prior notice in writing (unless terminated by the Board of
Supervisors under the Availability of Funds provision). The notice shall be given by
personal delivery or by registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth on the cover page of this agreement.
3. This agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.
4. The County has the right to terminate this agreement upon twenty-four (24) hour notice
when the County determines that the health or welfare of the service recipients are
endangered or the District's non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, this agreement shall terminate
upon the expiration of the term of this agreement stated on the cover page of this
agreement.
K. SEVERABILITY
Any provision of this agreement that is determined to be invalid, void or illegal by a court shall in
no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall
remain in full force and effect.
L. STRICT COMPLIANCE
The Department's acceptance of District's performance that is not in strict compliance with the
terms of this agreement shall not be deemed to waive the requirements of strict compliance for all
future performance. All changes in peiformance obligations under this agreement shall be in writing
and signed by both Parties.
NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or
omission by District, or any Subcontractor or any officer, representative, agent, or employee of the
District or any Subcontractor that relates to this agreement, and shall not be liable for any purchases
or contracts made by District, any Subcontractor, or any officer, representative, agent, or employee
of District or any Subcontractor, in connection with this agreement.
N. RECIPROCAL INDEMNIFICATION
Each Party (as "liademnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"Indemnitee") from and against all claims, losses, liability, costs, or expenses (including reasonable
attorneys' fees, expert witnesses' fees and other litigation costs) (hereinafter collectively referred to
as "Claims") arising out of bodily injury (including death) of any person or property damage, but
only to the extent that such claims, which result in vicarious liability to the Indenanitee, are caused
by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers.
Section I General Provisions Page 5
0. TECHNICAL ASSISTANCE
The Department shall provide reasonable technical assistance to District to assist District in
complying with state and federal laws, regulations, and accountability for diligent performance and
compliance with the terms of this agreement and all applicable laws, regulations and standards.
However, this assistance shall not relieve District of full liability, responsibility and accountability
for its actions and performance to comply with the terms of this agreement.
P. SINGLE AUDIT ACT REQUIREMENTS
Districts in receipt of federal funds through the Department are subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31
§§ 7501, et seq.). District shall comply with OMB Circular A-133. Upon completion, such
audits shall be made available for public inspection. Audits shall be submitted within the twelve
(12) months following the close of the fiscal year. District shall take corrective actions within six
(6) months of the date of receipt of the reports. The Department shall consider sanctions as
described in OMB Circular A-133 if District does not comply with the audit requirements.
Q. AUDIT DISALLOWANCES
1. District shall, upon written notice thereof, reimburse the County for any payments made
under this agreement that are disallowed by a federal, state, or county audit in the amount
of the disallowance, as well as all court costs and attorney's fees the County spends to
pursue legal action relating to a disallowance. Court costs and attorney's fees incurred shall
be specifically identified as applicable to the recovery of the disallowed costs in question.
2. If the County determines that a cost for which payment has been made is a disallowed cost,
the Department shall notify the District in writing of the disallowance and the required
course of action, which shall be at the option of the Department to either adjust any future
claim submitted by District by the amount of the disallowance or to require immediate
repayment of the disallowed amount by the District issuing a check payable to the County.
R. STAFF AND VOLUNTEER TRAINING
The Department may make available to District the opportunity to participate in any applicable
training activities conducted by the Department.
S. CLEAN AIR ACT
If the total face value of this agreement exceeds $100,000, District shall comply with all regulations,
standards and ordeis issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401,
et seq.), to the extent any are applicable by reason of performance under this agreement.
T. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of District to
any person for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the making of any
federal punt, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with any federal contract, punt, loan or cooperative agreement, the
Section General Provisions Page 6
District shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. § 1352.
U. RELIGIOUS ACTIVITIES
District warrants that none of its costs and none of the costs incurred by any of its Subcontractors
will include any expense for any religious activity.
V. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or District under this
agreement shall be used for any partisan political activity, or to further the election or defeat of any
candidate for public office.
W. COVENANT AGAINST CONTINGENT FEES
District warrants that no person or entity has been employed or retained by it to solicit or secure this
agreement upon an agreement or undeistanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the County may immediately terminate this
agreement without liability.
X SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by District of any information concerning an applicant for, or recipient of,
services under this agreement is directly limited to the conduct of this agreement. District and its
agents shall safeguard the confidentiality of this information, just as District would safeguard its
own confidential information. District shall include a clause to this effect in all Subcontracts related
to this agreement.
The District shall comply with the requirements of the Arizona Address Confidentiality Program,
A.R.S. § 41-161 et.seq.
Y. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to
the other Party, upon request, any available information that is relevant to this agreement and to the
performance hereunder.
Z, COPYRIGHTS
If this agreement results in a book or other written material, the author is free to copyright the work,
but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce,
publish, and otherwise use and to authorize others to use, all copyrighted material and all material
that may be copyrighted as a result of this agreement.
AA. PATENTS
Any discovery or invention arising out of, or developed in the course of, work under this agreement
shall be promptly and fully reported to the Department for determination as to whether patent
protection on such invention or discovery shall be sought and how the rights in the invention or
discovery, including rights under any patent issued thereon, shall be disposed of and administered,
in order to protect the public interest.
BB. AGREEMENT COMPLIANCE MONITORING
The Department shall monitor District's compliance with, and performance under, the terms of this
agreement. On-site visits for compliance monitoring may be made by the Department and/or its
grantor agencies at any time during District's normal business hours, announced or unannounced.
Section I General Provisions Page 7
During an on-site visit, District shall make all of its records and accounts related to work performed
and services provided under this agreement available to the Department for inspection and copying.
CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. District shall, during the term of this agreement, immediately inform the Contract
Administrator in writing of the award of any other agreement or grant, including any other
agreement or grant awarded by the County, where the award may affect either the direct or
indirect costs being paid or reimbursed under this agreement. District's failure to notify the
Department of any such agreement shall be a breach of this agreement and the County may
immediately terminate this agreement without liability.
2. The Contract Administrator may request, and District shall provide within a reasonable
time, which shall not exceed ten (10) working days, a copy of all such other agreements or
grants, when, in the opinion of the Contract Administrator, the award of the agreement or
grant may affect the costs being paid or reimbursed under this agreement.
3. If the Contract Administrator determines that the award to District of such other agreement
or grant has affected the costs being paid or reimbursed under this agreement, the Contract
Administrator shall prepare an amendment to this agreement effecting a cost adjustment. If
the District disputes the proposed cost adjustment, the dispute shall be resolved pursuant to
the "Disputes" section of this agreement.
DI). MINIMUM WAGE REQUIREMENTS
District warrants that it shall pay all its employees who are performing work or providing services
under this agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair
Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.).
EE. RECOGNITION OF DEPARTMENT SUPPORT
District shall give recognition to the Department, the County, and the funding source for their
support when the District publishes materials or releases public information that is paid for in whole
or in part with funds received by District under this agreement.
FF. INSURANCE
District, at District'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+. in lieu of State of Arizona licensing, the
stipulated insurance m a y 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.
District shall have in effect at all times during the term of this Agreement insurance that is adequate
to protect the County, its officers and employees, participants, and equipment funded under this
Agreement against the losses set forth below. District shall name the County as an additional
insured party. District shall provide the Department with documentation of insurance coverage by
furnishing the Contract Administrator a certificate of insurance or a certified copy of the insurance
policy or other docnrnentation that is required by the Contract Administrator.
District's insurance shall be primary insurance as respects County, and any insurance or
self-insurance maintained by County shall not contribute to it.
Section I General Provisions Page 8
Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage afforded
under the insurance policies.
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. District shall be solely responsible
for the deductible and/or self-insured retention and County, at its option, may require District
to secure payment of such deductibles or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
County reserves the right to request and to receive, within 10 working days, certified copies
of any or all of the herein required insurance certificates. County shall not be obligated to
review policies and/or endorsements or to advise District of any deficiencies in such policies
and endorsements, and such receipt shall not relieve District from, or be deemed a waiver of
County's right to insist on strict fulfillment of District's obligations under this Contract.
The insurance policies required by this Contract, except Workers' Compensation, shall name
County, its agents, representatives, officers, directors, officials and employees as Additional
Insured' s.
The policies required hereunder, except Workers' Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of District's work or
service.
1. 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.
2. 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 District's
owned, hired, and non-owned vehicles assigned to or used in performance of the
District's work or services under this Contract.
3. Workers' Compensation:
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of District's employees engaged in the performance of the
work or services under this Contract; and Employer's Liability insurance of not less
than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
Section I General Provisions Page 9
District 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 District pursuant to this Contract.
4. Certificates of Insurance
Prior to commencing work or services under this Contract, District shall have
insurance in effect as required by the Contract in the form provided by the County,
issued by District'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 ten (10) business days.
BY SIGNING THE AGREEMENT PAGE THE DISTRICT AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL
RESULT IN CANCELLATION OF CONTRACT.
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 District's work or services and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be
sent to County fifteen (15) days prior to the expiration date.
5. 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. If the District provides professional or semi-professional personal services under this
agreement for which malpractice or professional liability coverage is available, such as
medical, psychiatric, or legal services, District shall carry minimum liability coverage of
$2,000,000 each occurrence and provide the Department with proof of coverage.
7. Exceptions.
In the event the District is a public entity, then the Insurance Requirements shall
not apply. Such public entity shall provide a Certificate of Self-Insurance.
GG. BONDING
1. District shall not receive any initial reimbursements under this agreement in an amount
greater than the District's bonding limit. District shall provide the Contract Administrator
with documentation of required bonding.
2. District shall have fidelity bonding of not less than the maximum amount of cash on hand
or an amount equal to the initial reimbursement, whichever is greater.
3. Bonding requirements shall prevail throughout the term of this agreement.
lin GRIEVANCE PROCEDURE
a>"
Section I General Provisions Page 10
District shall establish a system through which applicants for and recipients of services may present
grievances and may take appeals about eligibility and other aspects of District's work under this
agreement. The grievance procedure shall include provisions for notifying the applicants for and
recipients of services of their eligibility or ineligibility for service and their right to appeal to the
Department if the grievance is not satisfied by District.
NONDISCRIMINATION
District, in connection with any service or other activity under this agreement, shall not in any way
discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation, or belief. District shall include this clause in all of its Subcontracts
related to this agreement.
JJ. EQUAL EMPLOYMENT OPPORTUNITY
District shall not discriminate against any employee or applicant for employment because of race,
age, disability, color, religion, sex or national origin. District shall take affirmative action to ensure
that applicants are employed and that employees are treated during employment without regard to
their race, age, disability, color, religion, sex or national origin. Such action shall include, but is not
limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. District shall, to the extent such provisions apply, comply with
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the
Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in
Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities
Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, which mandates
that all persons shall have equal access to employment opportunities.
MC. FINANCIAL MANAGEMENT
District shall establish and maintain a separate, interest-bearing bank account for money provided
under this agreement, or shall establish an accounting system that assures the safeguarding and
accountability of all money and assets provided under this agreement. No part of the money
deposited in the bank account shall be commingled with other funds or money belonging to District.
All interest earned on the account shall be disbursed in a manner specified by the County in
accordance with applicable State and federal regulations. District shall provide a signed bank
account agreement authorizing the County to obtain information about the account. If an accounting
system is used, it shall be in accordance with generally accepted accounting principles.
LL. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting documents,
statistical records and other records of District that relate to this agreement.
2. District shall retain all records related to this agreement for six (6) years after final payment
or until after the resolution of any audit questions, which could be more than six (6) years,
whichever is longer. The Department, federal and state auditors, and any other persons duly
authorized by the Department shall have full access to and the right to examine, copy and
make use of any and all of the records.
MM. ADEQUACY OF RECORDS
If District's books, records and other documents related to this agreement are not sufficient to
support and document that allowable services were provided to eligible participants, District shall
reimburse the County for the services not supported and documented.
Section I General Provisions Page 11
NN. COMPETITIVE BID REQUIREMENTS
1. Equipment
If this agreement is with other than a Public Agency, District shall obtain all equipment to
be utilized under this Agreement and purchased with funds provided under this Agreement
at the lowest practical cost pursuant to the following competitive bidding system:
2) Procurements in excess of $300, but less than $1,000, require oral price quotations
from two (2) or more vendors. District shall keep and maintain a record of the
vendors' verbal quotations. District's award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications,
and other purchasing factors.
3) Procurements exceeding an aggregate amount of $1,000 shall be approved by the
Contract Administrator. At least three (3) bidders shall be solicited to submit
written quotations. District shall solicit written quotations by issuing a Request for
Quotation to at least three (3) vendors. The award shall be made to the lowest
bidder meeting specification requirements concerning price, conformity to
specifications, and other purchasing factors.
2. Supplies
If this Agreement is with other than a Public Agency, District shall obtain all supplies to be
utilized under this Agreement and purchased with funds provided under this Agreement at
the lowest practical cost and pursuant to a system of written quotes whenever the price is
expected to be greater than $300, unless the District obtains the Contract Administrator's
prior written approval to purchase supplies by an alternate method.
3. Minority, Women and Small Business Enterprises
District shall take affirmative steps to provide an opportunity for minorities, women, and
small businesses to compete in the procurement of equipment and supplies under this
Agreement.
4. If District is a Public Agency, District's own bidding procedures shall govern.
5. Funding source requirements relating to competitive bid procedures may supersede any or
all subparts of this clause and will be specified in the Special Provisions Section of this
Agreement.
00. PROPERTY
Any property furnished or purchased pursuant to the terms of this Agreement shall be utilized,
maintained, repaired, and accounted for in accordance with instructions furnished by the
Department, and title to all such property shall revert to the County upon the expiration or
termination of this Agreement, unless the Contract Administrator determines otherwise. The costs
to repair such property are the responsibility of District within the limits budgeted herein. Repair
costs beyond the budgeted amount shall be approved by the Contract Administrator.
PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE
District understands and acknowledges that the Immigration Reform and Control Act of 1986 (Pub.
L. No.99-603) ("1RCA") applies to this Agreement. District shall comply with the IRCA in
pei forming under this Agreement and shall grant the County access to inspect its personnel records
to verify such compliance.
Section I General Provisions Page 12
QQ. DRUG FREE WORKPLACE ACT
District shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which
requires that Districts and grantees of federal funds must certify that they will provide drug-free
workplaces. This certification is a precondition to receiving a grant or entering into this Agreement.
RR. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
District shall use the Arizona Taxonomy of Human Services for reporting and contracting purposes.
SS. EMPLOYMENT DISCLAIMER
This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint
venture agreement, partnership, or other business association or organization of any kind between
the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this
Agreement.
The Parties agree that no individual performing under this Agreement on behalf of District may be
considered a County agent, employee, or representative and that no rights of County civil service,
County retirement, or County personnel rules shall accrue to or apply to any such individual.
District shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workers' compensation, occupational disease compensation, unemployment compensation, other
employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and
District shall indemnify, defend and hold harmless the County with respect thereto.
TT. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing this Agreement, represents that he/she has the authority to bind District
to the terms of this Certification. District, as the primary participant in accordance with 45 C.F.R.
Part 76, certifies to the best of its knowledge and belief that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a 3-year period preceding the Start Date of this Agreement, been convicted
of or had a civil judgment rendered against them for (1) the commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public
(federal, State, or local) transaction or contract under a public transaction; (2) the violation
of any federal or State antitrust statutes or (3) the commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, State, or local) with the commission of any of the offenses enumerated in
subparagraph 2 above;
4. Have not, within a three-year period preceding this Start Date of this Agreement, had one
or more public transactions (federal, State, or local) terminated for cause or default;
5. Shall immediately notify the Department if, at any time during the term of this Agreement,
it is debarred, suspended, declared ineligible, or voluntarily excluded from participation.
The Department may pursue available remedies in the event of such occurrence, including
immediate termination of this Agreement without liability; and
Eg7 EIMIIINFISEEREEME OTENIXEM RIZIMESSEN
Section I General Provisions Page 13
• 6. Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded from
participation. The Depaitment may pursue available remedies in the event of such
occurrence, including immediate termination of this Agreement without liability.
District shall include, without modification, the language of this Certification, in all agreements
with all sub-recipients and other subcontractors; in all lower tier covered transactions, and in all
solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
If District is not able to provide this Certification, an explanation as to why shall be immediately
provided to the Department Representative at the address set forth on the Cover Page of this
Agreement.
UU. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES
§ 23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Agreement, District represents and warrants that it is in compliance with the
immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) and all other federal and State
immigration laws and regulations related to the immigration status of its employees. District shall
obtain statements from its Subcontractors certifying such compliance and shall furnish the
statements to the Department upon request. These representations and warranties shall remain in
effect throughout the term of this Agreement. District and its Subcontractors shall also maintain
Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor's
Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603), for all employees performing
work under this Agreement. 1-9 forms are available for download at USCIS.GOV . District agrees
to verify employee compliance using the E-verify system and shall keep a record of the verification
for the duration of the employee's employment or at least three years, whichever is longer.
District warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
represents:
1. That District and its Subcontractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with
A.R.S. § 23-214;
2. That breach of the warranty under subparagraph 1 above shall be deemed a material breach
of this Agreement and the County may immediately terminate this Agreement without
liability; and
3. That the County and any contracting government entity retains the legal right to inspect the
papers and employment records of any District or Subcontractor employee who works
under this Agreement to ensure that the District and its Subcontractor are complying with
the warranty provided under subsection 1 above, and that District agrees to make all papers
and employment records of said employee(s) available to the County during normal
working hours in order to facilitate such an inspection.
VV. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS
1. The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on District
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
3 33
Section I General Provisions Page 14
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section
3.908 of the Federal Acquisition Regulation;
2. District 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 District and copies provided to County
upon request; and
3. District shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
Section II Special Provisions Page 1
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement is in conflict with the General
Provisions or the Special Provisions, the Work Statement shall control. To the extent that the
Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work
Statement, the Compensation Provisions shall control.
B. DEFINITIONS
As used in this Agreement, the following words and terms shall have the following meanings:
1. Budget means the authorized funding level for performance under this Agreement.
2. Congregate Meal means a service that provides for nutritious meals and snacks that contain
at least one-third (1/3) of the daily-recommended dietary allowances for an individual in a
congregate setting.
3. Eligible Client means a household that meets Arizona Department of Education and Head
Start guidelines.
4. Food means nutritious meals and snacks that meet Child and Adult Care Food Program
(CACFP), 42 U.S.C. § 1766, guidelines and contain at least one-third (1/3) of the daily-
recommended dietary allowances for an individual in a congregate setting.
5. Food Service Site means the location at which the food for the congregate meals is delivered.
C. GENERAL PROVISIONS
The following paragraphs from Section I of the General Provisions are hereby deleted:
G. BUDGET ADJUSTMENTS
P. SINGLE AUDIT ACT REQUIREMENTS
EE. RECOGNITION OF DEPARTMENT SUPPORT
RR. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
D. STANDARDS
The District shall p iform the work and provide the services identified in the Work Statement and
shall immediately notify the Contract Administrator whenever the District is unable to, or
anticipates an inability to, perform any of the work; or provide any of the services required by the
terms of this Agreement.
E. CHANGES
1. The Director may, at any time, by a written Change Order, make changes within the
general scope of this Agreement in any one or more of the following areas:
a. Work Statement activities reflecting changes in a funding source or the
Depth Intent' s regulations, policies, or requirements.
b. Reallocation of budget line item amounts in accordance with funding sources or
the Department's regulations, policies, and requirements, or whenever any
budget line item increases or decreases by ten percent (10%) or one hundred
dollars ($100), whichever is greater, during the term of this Agreement. Change
Orders may be issued quarterly.
Section II Special Provisions Page 2
c. Administrative requirements, such as reporting format quality and/or quantity, as
required by the funding source or the Department's regulations, policies, or
requirements.
2. Change Orders shall not increase or decrease the Operating Budget total (Agreement
Amount) without written approval of the Parties. Change Orders shall substantively
change the services to be rendered by the District without the prior written agreement of
the Parties.
3. Any dispute or disagreement arising out of a Change Order shall constitute a "dispute"
under the Dispute Clause of the General Provisions of this Agreement and shall be
administered accordingly.
F. COMPLIANCE WITH LAWS, RULES & REGULATIONS
The District shall comply with all applicable federal, State, and local laws, rules, and regulations,
including, without limitation, those referred to in this Agreement.
G. AUDIT REQUIREMENTS
In accordance with A.R.S. § 11-624 (audit of nonprofit corporations receiving county monies),
the District shall, at its own expense, file with the Depat tment either:
1. Audited financial statements prepared in accordance with federal single audit
requirements; or
2. Financial statements prepared in accordance with generally accepted accounting
principles audited by an independent certified public accountant.
H. STANDARDS/LICENSURE REQUIREMENTS
1. Maricopa County Head Start Zero-Five business office days Monday through Friday, 8:00
a.m. to 5:00 p.m.
2. Department classrooms use the same Holiday schedule as the District
3. Program services shall be provided for at least one hundred six (106) days.
4. The District shall be authorized for food service by the Arizona Department of Education,
Food and Nutrition Division.
5. The District shall maintain proper sanitation practices and health standards in conformance
with all applicable State and local laws and regulations.
The District shall comply with the U.S. Depaitnient of Agriculture meal requirements and shall be
subject to any additional requirements or changes as designated by the State or local laws and/or
regulations.
I. AGREEMENT RENEWAL
This Agreement may be extended by a written amendment for a term agreed upon by both parties.
SECTION III
WORK STATEMENT
Maricopa County
Human Services Department
Section El Work Statement Page 1
A. PURPOSE
The purpose of this Agreement is to establish the terms and conditions governing the purchase of
full service food catering for the Depaiiment within the boundaries of the District or surrounding
vicinity. The District shall perform the work and provide the services identified in the Work
Statement and shall immediately notify the Contract Administrator whenever the District is
unable to, or anticipates an inability to, perform any of the work or provide any of the services
required by the terms of this Agreement.
B. DISTRICT RESPONSIBILITIES
1. TASKS
Menu Preparation and Approval.
a. The District shall submit to the Department, for its approval, a proposed twenty-
eight (28)-day cycle menu for the operational period at least fourteen (14) working
days prior to the beginning of the period to which the menu applies.
b. The Department's Nutritionist shall review the menu for compliance with the Child
and Adult Care Food Program (CACFP) requirements and age appropriate foods.
The Nutritionist shall make any necessary changes to the menu and shall email the
modified menu back to the District.
c. The District shall adopt the Department's changes to the menu, and shall make
additional changes if such changes are necessary to comply with CACFP
regulations or to ensure that age appropriate foods are offered. The District shall
prepare a final menu and submit it to the Department's Nutritionist by email for
approval.
1) Any changes to the menu made after it has been approved by the
Department shall be agreed upon by the Department and documented on
the menu records. Food items in an approved menu may be changed by
mutual written agreement of the Parties. However, the District shall
change the menus at the Department's request whenever the Department
determines that certain food items are unacceptable. Food items may be
unacceptable because: (1) a monotonous diet may result from food items
being served frequently or their similarity to other items; (2) the nutritional
needs of the students; (3) food items are susceptible to spoilage; or (4)
excessive waste may result from the unpopularity of food items with
students. Such changes to the menu shall be made at the earliest
convenience of the Parties, but in no event more than one (1) week after
the Depat intent's request is received by the District. In the case of
spoilage, changes shall be made so the children in attendance when any
spoilage is discovered shall receive meals meeting CACFP requirements.
d. The menu shall be changed by mutual, written agreement of the Parties to meet the
District's and Head Start's operational requirements.
2. MENU SPECIFICATIONS
a. Meal Requirements
1) The District shall develop cycle menus in conjunction with the Head Start
Nutritionist and shall take into consideration parent, staff, and community
teal -Taalangenta
Section III Work Statement Page 2
input. All menus, portion sizes, and recipes shall comply with the U. S.
Department of Agriculture's Child and Adult Care Food Program
(CACFP) and Head Start Nutrition Performance Standards.
2) Meal type requirements, as outlined on the menu specifications shown
below, shall be subject to any additional requirements or changes
designated by any applicable federal, State, or local laws, rules, or
regulations, and shall consist of one (1) day's emergency supply of
nonperishable food. "One day's emergency supply" means breakfast,
lunch, and a snack for the number of children and adults present at a site
for one day.
3) The District is responsible for meals prepared, including breakfast, lunch,
and snacks.
4) All menu items will be pork-free due to the high number of requests for
pork-free meals.
b. Menu Item Adjustments
1) Menu items may be changed by the written, mutual agreement of the
Parties, provided minimal meal requirements are maintained. Menu items
that contain excessive sugar shall not be served. An appropriate substitute
item shall be supplied at no additional charge. If a substitution is made, the
District shall ensure that the cafeteria substitutes food items that meet the
meal components and CACFP requirements of less than 35% sugar by
weight and less than 35% calories from fat. If the cafeteria manager is
unsure of the substituted item, be or she shall contact the Head Start
Nutritionist for guidance or utilize the CACFP Nutrition Calculator at
http:I/www.azed.gov/cacfpnutritioncalculator/.
Section III Work Statement Page 3
CACFP MEAL PATTERN REQUIREMENTS FOR CHILDREN
BREAKFAST
FOOD COMPONENT Ages 1-2 Ages 3-5
1. Milk, fluid 1/2 cup 3/4 cup
2. Vegetable, fruit*, or % cup 1/2 cup
100%full-strength juice
3. Grains/breads (whole grain or enriched)
bread, or 1/2 slice 1/2 slice
biscuits, rolls, muffins, cornbread, or 1/2 serving 1/2 serving
cold dry cereal or 1/4 cup or 1/3 oz. 1/3 cup or 1/2 oz.
cooked cereal, cereal grains or 1/4 cup 'A cup
cooked pasta or noodle products 1/4 cup 'A cup
LUNCII/SUPPER
1. Milk, fluid 1/2 cup % cup
2. Vegetable and/or fruit*, or 100 % full 1/4 cup 1/2 cup
strength juice (from 2 or more kinds)
3. Grains/breads (whole grain or enriched)
Bread 1/2 slice 1/2 slice
or cornbread, biscuits, rolls, muffins 1/2 serving 1/2 serving
or cooked pasta, noodle products Y4 cup Y4 cup
or cooked cereal, cereal grains 1/4 cup 'A cup
4. Meat or meat alternates:
Lean meat, poultry, or fish 1 oz. 11/2 oz.
or egg 1 egg 1 egg
or cooked dry beans, peas, lentils*** 1/4 cup 3/8 cup
or peanuts, soy nuts, tree nuts, seeds 1/2 3/4
or peanut butter, other nut or seed butters 2 Tbsps**** 3 Tbsps****
or yogurt (low or nonfat)** 1/2 cup or 4 oz. 3/4 cup or 6 oz.
or cheese** 1 oz. 11/2 oz.
an equivalent quantity of any combination of the
above meat/meat alternates
Section BT Work Statement Page 4
CACFP MEAL PATTERN REQUIREMENTS FOR CHILDREN (Continued)
SNACKS
FOOD COMPONENT Ages 1-2 Ages 3-5
Select 2 of these 4 components*****
1. Milk, fluid****** 1/2 cup 'A cup
2. Vegetable, fruit* or 1/2 cup 1/2 cup
100 % full-strength juice *****
3. Grains/breads (whole grain or enriched)
Bread 'A slice 'A slice
or cornbread, biscuits, rolls, muffins 1/2 serving 1/2 serving -
or cold dry cereal_ 1/4 cup or 1/3 oz. 1/3 cup or 'A oz.
or cooked cereal or cereal grains 1/4 cup 1/4 cup
or cooked pasta, noodle products 1/4 cup 1/4 cup
4. Meat or meat alternates:
Lean meat, poultry or fish 1/2 oz. 1/2 oz.
or cheese** 1/20Z. 1/2 oz.
or eggs 1/2 egg 'A egg
or cooked dry beans, peas, lentils*** 1/8 cup 1/8 cup
or peanut butter, other nut or seed butters 1 Tbsp. 1 Tbsp.
or peanuts, soy nuts, tree nuts or seeds**** 1/2 oz. 1/2 oz.
or yogurt "A cup 'A cup
If dried raisins or cranberries are served, another fruit or vegetable must be served with them.
** Natural or Processed only.
*** In the same meal service, dried beans or dried peas may be used as a meat alternate or as a
vegetable; however, such use does not satisfy the requirement for both components.
No more than 50 percent of the requirement shall be met with nuts, seeds or nut butters.
These components shall be combined with another meat/meat alternate to fulfill the
requirement. For the purpose of determining combinations, one ounce of nuts or seed is
equal to one ounce of cooked Jean meat, poultry, or fish.
***** Juice may not be served when milk is served as the other component.
****** Due to milk already being served at breakfast and lunch, it is recommended that two food
items be offered at all snacks, with water as the beverage.
Additional requirements:
• Vitamin C rich food will be served at least once a day for morning session and afternoon sessions.
• Vitamin A rich food will be served at least twice a week.
• Iron rich foods will be served at least twice a week.
• Fruit juices will be 100% juice and enriched with 100% vitamin C.
Section III Work Statement Page 5
3. APPLICABLE LAWS/REGULATIONS
a. The District shall comply with all applicable Federal, State and local statutes and
ordinances and any regulations promulgated there under. Those statutes and
regulations the District shall comply with include, but are not limited to (31USC
1352 et seq.) and 26 CPR, Parts I, 7, 10, 25, 53, 56 and 602., the prevention of
fraud and abuse; conflict of interest, kickbacks, comingling of funds, charging of
fees, nepotism, child labor, political patronage, political activities, lobbying
activities, sectarian activities, unionization and anti-unionization activities/work
stoppages, U.S.D.A. regulations as set forth in 7 CFR parts 210 to 250
(Child/Adult Care Food Program), and Human Services Depathnent Directives
and Executive Order 75-05.
b. District shall establish and use internal program management procedures sufficient
to prevent non-compliance of applicable laws and/or regulations.
4. FOOD PREPARATION AND SANITATION
a. Sanitation
The District shall maintain proper sanitation practices and health standards in
conformance with all applicable State and local laws and regulations. The District
shall also assure that wholesome ingredients are used, and that all foods are
properly stored, prepared, packaged and ready for transporting. In addition, any
substance which the food contacts, or which is used in conjunction with the food,
shall be so handled as to assure that it does not become contaminated. The District
agrees to notify the Department of the results of any health inspection that is made
during the duration of this agreement.
b. Food Preparation
The District shall ensure that each meal provided to the Department under this
Agreement meets the minimum requirements as to nutritional content specified by
the CACFP, including the Nutrition Standards set forth in 7 C.F.R. Part 226.20.
The District shall ensure that not more than two (2) high sugar items and two (2)
high fat items are served per week. High sugar items may be served only during
breakfast or as a snack. The District shall provide menus to the Department on a
weekly basis if no cycle menus are used. If cycle menus are used, they shall be
furnished monthly or as the cycle runs.
5. DISTRICT LICENSE REQUIREMENTS
The District shall obtain all applicable permits and licenses, and shall pay all charges and
fees necessary to lawfully conduct its business. The District shall keep fully informed of
and shall comply with all existing and future federal, State, and local laws, rules, and
regulations-that may in any manner affect the District's ability to fulfill its obligations
under this Agreement.
C. MEALTIME SCHEDULE
1. Mealtime schedules may vary by site as agreed upon in writing by the Head Start
Nutritionist and the District's Representative.
Section III Work Statement Page 6
2. In the center base sites, the morning session shall include breakfast and lunch. The
afternoon session shall include lunch and a snack. Center base sites shall operate either
Monday — Thursday or Monday — Friday as per schedule. The home base socialization shall
be held on the first and third Fridays of each month, unless the schedule changes. The home
base socialization shall include lunch.
3. Each site shall notify school cafeteria personnel of any change in the number of meals or
snacks to be prepared not later than 2:00 P.M. the day before the meal is changed.
4. Center staff shall notify the site cafeteria personnel of the weekly meal count not later than
Thursday of the preceding week.
5. Head Start Teachers shall meet with the Cafeteria Manager or his or her representative one
(1) week prior to the beginning of the school year to review food service needs and Head
Start's nutrition philosophy.
D. INDICATORS OF COMPLIANCE
I. The District maintains available for review, documentation of production sheets according to
CACFP on meals and snacks served for each site.
2. The District produces cycle menus, which meet Head Start Nutrition Philosophy, and CACFP
requirements.
E. REPORTING REQUIREMENTS
1. Not later than five (5) working days after the end of the month, the District shall submit to
the Head Start Nutritionist an original, itemized, signed monthly statement of the daily
meals delivered and the Daily Food Count Form.
2. The District shall maintain complete and accurate records and production worksheets that
document: (1) the menus provided to the Department during the term of this Agreement, (2)
a list of all components of each meal, and (3) a list of the quantities and portion sizes of
each component used to prepare each meal. The District shall document its lunch
preparation by using yield factors for each food item, as listed in the United States
Department of Agriculture Food Buying Guide, when calculating and recording the
quantity of food prepared for each meal. The District shall also maintain and make
available to the Department:
a. Recipes, nutrition facts labels, and any child nutrition labels or product
specification sheets related to the menus served;
b. Cost records, such as invoices, receipts, and other documentation, that show the
purchase of and delivery to the District meal components and quantities; and
C. On a daily basis, an accurate count of the number of meals, by meal type, prepared
for and delivered to the Department. Meal count documentation shall include the
number of meals requested by the Department.
3, The Department shall provide weekly class rosters to the District indicating the number of
children currently enrolled. The District shall utilize these weekly class rosters to add or drop
Head Start children on the National School Lunch and School Breakfast Programs. The
Improving Head Start for School Readiness Act of 2007 makes any child enrolled in Head
Start automatically eligible for free meals without further application or eligibility
determination, and amends sections 9(b)(12)(A)(iii) and 17(c)(5) of the National School
Section ELI Work Statement Page 7
Lunch Act, 42 U.S.C. §§ 1751, et seq., to correspond with new eligibility criteria. Therefore,
the District shall not bill the Department for any meal served to any child that enrolled in on-
site campuses participating in the National School Breakfast and Lunch programs.
Section IV Comnensation Pane
A. OBJECTIVE
To provide meals and snacks that are high in nutrients and low in fat, sugar, and salt for children
and adults, in compliance with the CACFP MEAL PATTERN REQUIREMENTS FOR
CHILDREN as defined in the Agreement's Work Statement. All meals are child size and priced
according to child rates.
B. COMPENSATION
Funding for this Agreement is through Federal Funding Awards from the Department of Human
Services Head Start (HS), Early Head Start (EHS) grants, which provide funds through the Catalog
of Federal Domestic Assistance (CFDA) number 93.600.
This Agreement is a vendor agreement. Payments may only be made after the District submits a
monthly invoice and back-up documentation to substantiate the District's expenditures.
C. REIMBURSEMENT
1. Effective October 1, 2014 th rough June 30, 2015, Contractor will be reimbursed
according to the fee schedule below:
2. The Agreement maximum for all services, provided during the term of this agreement
shall be twenty three thousand, eight hundred seventy nine dollars ($23,879).
3. Public law 110-134 of the Improving Head Start for School Readiness Act of 2007 makes
any child enrolled in Head Start automatically eligible for free meals without further
application or eligibility determination and also amends sections 9(b)(12)(A)(iii) and
17(c)(5) of the National School Lunch Act (NSLA) to correspond with the new eligibility
criteria. Therefore, the District will not bill the Department for any children's meals who
are enrolled in on-site campuses participating in the National School Breakfast and Lunch
programs.
4. Subject to the availability of funds, the Department shall reimburse the District for
provision of services under this Agreement up to the maximum total reimbursement of the
Agreement Amount.
5. Claims in excess of this amount necessitate a Change Order or a formal Amendment as
specified in the Amendments clause of the General Provisions of this Agreement.
6. Meals delivered or served that have been determined not to meet the minimum standards or
requirements of this Agreement will not be paid for by the Department.
7. The Director shall be sole determiner of the availability of funds.
Compensation Page 2
Meals and Costs
Child Meals and Costs
Total CHILD
Meals Provided to CHILD Meals Unit Total Costs
Department by Paid for by Price Paid by
District Department CHILD Department
Breakfast 1,802 1,802 $2.25 $4,055
Lunch 3,604 3,604 $3.00 $10,812
Snack 1,802 1,802 $1.45 $2,613
TOTAL 34,624 34,624 Ida $17,480
Adult Meals and Costs
Total ADULT
Meals Provided to ADULT Meals Unit Total Costs
Department by Paid for by Price Paid by
District Department ADULT Department
Breakfast 530 530 $2.50 $1,325
Lunch 1,060 1,060 $3.25 $3,445
Snack 530 530 $1.45 $769
TOTAL 2,120 2,120 n/a $5,539
Delivery Charges
EARLY HEAD START SITE Days Delivery Total
Charge
Paiute 106 $10 $1,060
Total $1,060
FOOD CONTRACT TOTALS
Head Start Meals $17,480
Adult Meals $5,339
Delivery Charges $1,060
GRAND TOTAL $23,879
D. METHOD OF PAYMENT
1. On or before the fifth (5th) working day of the month following the month, or portion
thereof, that the District performs under this Agreement, the District shall email to the Head
Start Accountant an itemized billing statement of the daily meals delivered.
Monthly reports and supporting documentation shall be submitted to:
Maricopa County Human Services Department
Finance Office, Head Start Accountant
Robert Herne: herner@mail.maricopa.gov
:51,9
Section IV Compensation Page 3
Sherri Shepard: shepards(&,mail.rnaricopa.gov
2. Subject to the availability of funds, the Department will, within twenty (20) working days
from the date of receipt of the documents enumerated herein, process and remit to the
Contractor, a warrant for payment up to the maximum total allowable for the previous
month of service provision or work performance.
3. Should there be a disallowance in the claim; the claim shall be processed for the reduced
amount. If the District protests the amount or the reason for a disallowance, the protest
shall be construed as a dispute concerning a question of fact within the meaning of the
"Disputes" clause of the General Provisions of this Agreement.
4. The District understands and agrees that the Department may not honor any claim for
payment submitted after the fifth (5th) working day of the month following the Agreement
termination date.
5. The District understands that this is a multiple source funded cost reimbursement
Agreement, and as such, all incurred costs must be documented and allocated to the
appropriate cost objective as indicated in the Operating Budget contained in this section.
E. PAYMENT RECOUPMENT
The Department shall initiate payment recoupment process if program monitoring or quality
assurance review result in any findings:
1. Contract services have been reported inaccurately or are found to be unsubstantiated.
2. Contractor's financial records and backup documentation do not substantiate that funds
were used to perform agreement services as specified in the Work Statement.
3. If the Contractor is in material default in the performance of any material obligation under
this Contract, or if audit exceptions are identified.
The Depai tiiient will either adjust the payment amount or will withhold payment until satisfactory
resolution of the default or exceptions are made.
F. DISCLOSURE OF FRAUD OR MISCONDUCT
Contractor shall promptly refer to the HHS Office of Inspector General any credible evidence that
a principal, employee, agent, contractor, subcontractor, or other person has submitted a false
claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining
to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. The
HHS Office of Inspector General can be reached at http:/Avww.oig/hhs.gov/fraud/hotline.