EXECUTED DOCUMENT_ASU IGA.PDF

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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE ARIZONA BOARD OF REGENTS,
A BODY CORPORATE, FOR AND ON BEHALF OF,
ARIZONA STATE UNIVERSITY
Contract No:
Contract Amount: $200,000
Contract Start Date: May 1, 2013
Contract Termination Date: November 30, 2015
This Intergovernmental Agreement (hereinafter referred to as the "Agreement") is entered into by and
between The Arizona Board of Regents, (hereinafter referred to as the Contractor"), a body corporate, for
and on behalf of, Arizona State University, (hereinafter referred to as the "ASU" or "Contractor")„ and
Maricopa County (hereinafter referred to as the "County"), administered by its Human Services
Department, Workforce Development Division (hereinafter referred to as the "Department" or "MWC").
ASU and County, Department or MWC hereinafter collectively referred to as the "Parties".
ASU, for and in consideration of the covenants and conditions, shall provide and perform the services set
forth herein. All rights and obligations of the Parties shall be governed by the terms of this document, its
exhibits, attachments, and appendices, including any Subcontractors, Amendments, or Change Orders as
set forth herein and in:
Section 1 General Provisions
Section Ti Special Provisions
Section III Work Statement
Section IV Compensation
Section V Attachment
Contact Representative Jose B. Ashford, Professor, Director of the Office of Forensic Social Work
Research and Training,
Arizona State University, School of Social Work
Address: 411 N. Central Avenue, Suite 800
Phoenix, AZ 85004
Phone: (602) 496-0095
E-Mail: Jose.Ashford@asu.edu


Contact Representative: Patricia Wallace, Assistant Director, Maricopa County
Human Services Department Workforce Development Division
Address: 234 North Central Avenue, Suite 3000
Phoenix, Arizona 85004
Phone: 602-506-4146
E-Mail: WALLACEP001@mail.maricopa.gov
Notices, requests or demands given or made upon the parties hereto, pursuant to or in connection with this
Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage
prepaid, to the other party at their respective address as indicated above.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any
or the Parties hereto. Nothing in this Agreement shall be construed as consent to any suit or waiver of any
defense in a suit brought against the State of Arizona, County, or ASU, in any State or Federal Court.
IN WITNESS THEREOF, the parties have signed this Agreement:
APPROVED BY: APPROVED BY:
ARIZONA BOARD OF REGENTS FOR AND MARICOPA COUNTY
ON BEHALF OF ARIZONA STATE
UNIVERSITY
An y Kunasek
Chairman of the Board Signature
Date: Date: JUN 19 2013
Office foy Resseeafechh anandd Sponsored Projects
Administratio
BY: cl7lf9"):-"--e' _Frarr4i4eMLY
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED WHO HAVE DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM
AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE
OF ARIZONA.
ARIZONA BOARD OF REGENTS FOR
AND ON BEHALF OF ARIZONA STATE MARICOPA COUNTY
UNIVERSITY
BY: 13y .C aL e,..%/
site ea, Vt. G.44 e rag 1 Legal Counsel for Maricopa County
Date: phAN 2i • 13, Date:
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SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
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Section 1 General Provisions
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General
Provisions are in conflict, 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 terms shall have the following meanings:
1. Agreement means this Contract for Services Agreement between Maricopa County,
administered by its Human Services Department, and the Contractor.
2. Assistant Director means the Director of the Workforce Development Division within the
Human Services Depat talent.
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 Depai tiitent and the Contractor that is
responsible for contract monitoring and technical assistance.
7. County means Maricopa County, a political subdivision of the State of Arizona.
8. Department means the Maricopa County Human Services Department.
9. Director means the Director of the Maricopa County Human Services Department.
10. Division means a section of the Human Services Department.
11. Fidelity Bond means a bond to indemnify the Contractor against losses resulting from
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other
persons holding a position of trust.
12. Payment Bond means a bond executed to assure payment as required by law of all persons
performing work or providing materials in the execution of work provided in this
agreement.
13. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's
obligations under this agreement.
14. Program Manager means the Assistant Director of the Workforce Development Division.
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15. Provider means any Contractor and/or Subcontractor providing services required by this
agreement.
16. Public Agency has the meaning prescribed by A.R.S. § 11-951.
17. Subcontract means any contract entered into by a Contractor with a third party for
performance of any of the work or provision of any of the services covered by this
agreement.
18. Subcontractor means an entity funded through the Contractor to provide services required
by the Work Statement. A subcontract must be approved in writing by the Contract
Administrator
19. Sub recipient means the Contractor when the County is the recipient of grant funds.
20. Work Statement means Section III of this agreement that 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. The Contractor shall, without limitation, obtain and maintain all licenses, permits and
authority necessary to do business, render services and perform work under this agreement,
and shall comply with all laws regarding unemployment insurance, disability insurance and
worker's compensation.
3. The Contractor is an independent Contractor in the performance of work and the provision
of services under this agreement and Contractor shall not to be considered an officer,
employee or agent of the County.
4. Contractor shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust or other organization that has a substantial interest in
Contractor's organization or with which Contractor (or one of its directors, officers, owners,
trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has
made full written disclosure of the proposed payments to the Department and has received
written approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S. § 38-502.
D. AMENDMENTS
All amendments to this agreement shall be in writing and signed by authorized signer for both
Parties.
E. ASSIGNMENT AND SUBCONTRACTING
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Section I General Provisions
No right, liability, obligation or duty under this agreement may be assigned, delegated or
subcontracted, in whole or in part, without the prior written approval of the Contract Administrator.
Contractor shall bear all liability under this agreement, even if it is assigned, delegated, or
subcontracted, in whole or in part, unless the Department agrees otherwise.
F. AVAILABILITY OF FUNDS
1. The provisions of this agreement relating to the payment for services shall become effective
when funds assigned for the purpose of compensating the Contractor, as provided herein,
are actually available to the Department for disbursement. The Director shall be the sole
authority in determining the availability of funds under this agreement and the Department
shall keep the Contractor fully informed as to the availability of funds.
2. If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in
connection with this agreement, the Board of Supervisors may amend, suspend, decrease or
terminate its obligations under or in connection with this agreement. In the event of
termination, the County shall be liable for payment only for services rendered prior to the
effective date of the termination, provided that such services performed are in accordance
with the provisions of this agreement. The Department shall give written notice of the
effective date of any suspension, amendment, or termination under this section at least ten
(10) calendar days in advance.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments must be submitted ninety (90) days prior to the
expiration of this agreement. Requests for adjustments to this agreement must 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.
H. DISPUTES
1. Except as may otherwise be provided for in this agreement, any dispute arising out of this
agreement that is not resolved between the Parties within a reasonable period of time,
which shall not exceed one hundred twenty (120) days, shall be submitted in accordance
with the following dispute resolution process.
2. Notice of the specific grounds of a dispute shall be in writing and filed with the Contract
Administrator, if one has been appointed, or, if not, with the County Procurement Officer
within ten (10) working days from the date Contractor knew or should have known of the
basis of the dispute. The Contract Administrator or County Procurement Officer, as
applicable, shall respond in writing to Contractor within fourteen (14) working days. The
decision of the Contract Administrator or County Procurement Officer shall be final and
conclusive unless, within seven (7) working days from the date Contractor is served with
the decision, Contractor files a written notice of appeal with the Director of the Materials
Management Department of the County, who shall provide Contractor with a written
response within fourteen (14) working days following receipt of Contractor's notice of
appeal. The decision of the Director of the Materials Management Department shall be
final and not appealable.
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3. Pending a final decision of the Director of the Materials Management Department, the
Contractor 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 Contractor fails to perform any
objective or breaches any obligation under this agreement, or any event occurs that jeopardizes
Contractor's ability to perform any of its obligations under this agreement. The County reserves the
right to have service provided by persons other than Contractor if Contractor is unable or fails to
provide required services with the specified time frame.
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
thirty (30) calendar days prior notice in writing (unless terminated by the Board of
Supervisors under the Availability of Funds provision). The notice shall be given by
personal delivery or by registered or certified mail, postage prepaid and returns 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. In the event of termination, the county shall make payment for services properly invoiced
and rendered prior to the effective date of the termination.
5. The County may terminate this contract immediately if the County determines that the
health, welfare, or safety of service recipients is endangered.
6. 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 Contractor's performance that is not in strict compliance with the
terms of this agreement shall not be deemed to waive the requirements of strict compliance for all
future performance. All changes in performance obligations under this agreement shall be in writing
and signed by both Parties.
M. NON-LIABILITY
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The County, its officers, representatives, agents and employees shall not be liable for any act or
omission by Contractor, or any Subcontractor or any officer, representative, agent, or employee of
the Contractor or any Subcontractor that relates to this agreement, and shall not be liable for any
purchases or contracts made by Contractor, any Subcontractor, or any officer, representative, agent,
or employee of Contractor or any Subcontractor, in connection with this agreement.
N. RECIPROCAL INDEMNIFICATION
Each Party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"Indemnitee") from and against all claims, losses, liability, costs, or expenses (including reasonable
attorneys' fees, expert witnesses' fees and other litigation costs) (hereinafter collectively referred to
as "Claims") arising out of bodily injury (including death) of any person or property damage, but
only to the extent that such claims, which result in vicarious liability to the lndetnnitee, are caused
by the act, omission, negligence, misconduct, or other fault of the 1ndemnitor, its officers, officials,
agents, employees, or volunteers.
0. TECHNICAL ASSISTANCE
The Department shall provide reasonable technical assistance to Contractor to assist Contractor in
complying with State and federal laws, regulations, and accountability for diligent performance and
compliance with the terms of this agreement and all applicable laws, regulations and standards.
However, this assistance shall not relieve Contractor of full liability, responsibility and
accountability for its actions and performance to comply with the terms of this agreement.
P. SINGLE AUDIT ACT REQUIREMENTS
Contractors in receipt of federal funds through the Department are subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31
U.S.C. §§ 7501, et seq.). Contractor shall comply with OMB Circular A-133. Upon completion,
such audits shall be made available for public inspection. Audits shall be submitted within the
twelve (12) months following the close of the fiscal year. Contractor shall take corrective actions
within six (6) months of the date of receipt of the reports. The Department shall consider sanctions
as described in OMB Circular A-133 if Contractor does not comply with the audit requirements.
Q. AUDIT DISALLOWANCES
1. Contractor shall, upon written notice thereof, reimburse the County for any payments made
under this agreement that are disallowed by a federal, State, or County audit in the amount
of the disallowance, as well as all court costs and attorney's fees the County spends to
pursue legal action relating to a disallowance. Court costs and attorney's fees incurred shall
be specifically identified as applicable to the recovery of the disallowed costs in question.
2. If the County determines that a cost for which payment has been made is a disallowed cost,
the Department shall notify the Contractor in writing of the disallowance and the required
course of action, which shall be at the option of the Department to either adjust any future
claim submitted by Contractor by the amount of the disallowance or to require immediate
repayment of the disallowed amount by the Contractor issuing a check payable to the
County.
R. STAFF AND VOLUNTEER TRAINING
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Section I General Provisions
The Department may make available to Contractor 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, Contractor shall comply with all
regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42
U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance under this
agreement.
T. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of Contractor
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with any federal contract, grant, loan or cooperative agreement, the
Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. § 1352.
U. RELIGIOUS ACTIVITIES
Contractor warrants that none of its costs and none of the costs incurred by any of its Subcontractors
will include any expense for any religious activity.
V. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or Contractor under
this agreement shall be used for any partisan political activity, or to further the election or defeat of
any candidate for public office.
W. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or entity has been employed or retained to solicit or secure
this agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the County may immediately terminate this
agreement without liability.
X. SAFEGUARDING OF PARTICIPANT INFORMATION
Except with respect to Contractor's employees, the use or disclosure by Contractor of any
information concerning an applicant for, or recipient of, services under this agreement is directly
limited to the conduct of this agreement. Contractor and its agents shall safeguard the
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Section 1 General Provisions
confidentiality of this information, just as Contractor would safeguard its own confidential
information.
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. CONTRACT COMPLIANCE MONITORING
The Department shall monitor Contractor's compliance with, and performance under, the terms of
this agreement. On-site visits for compliance monitoring may be made by the Department and/or its
grantor agencies at any time during Contractor's normal business hours, announced or
unannounced. During an on-site visit, Contractor shall make all of its records and accounts related
to work performed and services provided under this agreement available to the Department for
inspection and copying.
CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. Contractor shall, during the term of this agreement, immediately inform the Contract
Administrator in writing of the award of any other agreement or grant, including any other
agreement or grant awarded by the County, where the award may affect either the direct or
indirect costs being paid or reimbursed under this agreement. Contractor's failure to notify
the Department of any such agreement shall be a breach of this agreement and the County
may immediately terminate this agreement without liability.
2. The Contract Administrator may request, and Contractor shall provide within a reasonable
time, which shall not exceed ten (10) working days, a copy of all such other agreements or
grants, when, in the opinion of the Contract Administrator, the award of the agreement or
grant may affect the costs being paid or reimbursed under this agreement.
3. If the Contract Administrator determines that the award to Contractor of such other
agreement or grant has affected the costs being paid or reimbursed under this agreement,
the Contract Administrator shall prepare an amendment to this agreement effecting a cost
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Section I General Provisions
adjustment. If the Contractor disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" section of this agreement.
DD. MINIMUM WAGE REQUIREMENTS
Contractor warrants that it shall pay all its employees who are performing work or providing
services under this agreement not less than the minimum wage specified under Section 206(a)(1) of
the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.).
EE. RECOGNITION OF DEPARTMENT SUPPORT
Contractor shall give recognition to the Department, the County, and the funding source for their
support when the Contractor publishes materials or releases public information that is paid for in
whole or in part with funds received by Contractor under this agreement.
FF. INSURANCE
Contractor 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. Contractor shall name the County as an
additional insured party. Contractor 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 documentation that is required by the Contract Administrator.
1. The following types and amounts of insurance are required as minimum:
a. Workers' Compensation according to statutory limits.
b. Unemployment Insurance as required by Arizona Law.
c. Public Liability, Bodily Injury, and Property Damage;
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
d. Automobile and Truck Liability, Bodily Injury, and Property Damages:
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
e. Standard minimum deductible amounts are allowable. Any deductible amounts are the
responsibility of the Contractor and reimbursement, if any, under this agreement are
subject to regulatory provisions of the funding source(s) of this agreement.
f Property or equipment purchased or furnished through funds provided under this
agreement shall be fully insured for the purchase or replacement cost of such property
or equipment.
2. If the Contractor 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, Contractor shall carry minimum liability coverage of
$1,000,000 each occurrence and provide the Department with proof of coverage.
GC. BONDING
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1. Contractor shall not receive any initial reimbursements under this agreement in an amount
greater than the Contractor's bonding limit. Contractor shall provide the Contract
Administrator with documentation of required bonding.
2. Contractor 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.
Ha GRIEVANCE PROCEDURE
Except for Contractor's own employees, Contractor shall establish a system through which
applicants for and recipients of services may present grievances and may take appeals about
eligibility and other aspects of Contractor's work under this agreement. The grievance procedure
shall include provisions for notifying the applicants for and recipients of services of their eligibility
or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied
by Contractor.
II. NONDISCRIMINATION
Contractor, in connection with any service or other activity under this agreement, shall not in any
way discriminate against any person on the grounds of race, color, religion, sex, national origin,
age, disability, political affiliation, or belief. Contractor shall include this clause in all of its
Subcontracts related to this agreement.
JJ. EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall not discriminate against any employee or applicant for employment because of
race, age, disability, color, religion, sex or national origin. Contractor shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, age, disability, color, religion, sex or national origin. Such action shall include,
but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Contractor shall, to the extent such provisions
apply, comply with Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age
Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans
With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09,
which mandates that all persons shall have equal access to employment opportunities.
MC. FINANCIAL MANAGEMENT
Contractor shall establish and maintain a separate, interest-bearing bank account for money
provided under this agreement, or shall establish an accounting system that assures the safeguarding
and accountability of all money and assets provided under this agreement. No part of the money
deposited in the bank account shall be commingled with other funds or money belonging to
Contractor. All interest earned on the account shall be disbursed in a manner specified by the
County in accordance with applicable State and federal regulations. Contractor shall provide a
signed bank account agreement authorizing the County to obtain information about the account. If
an accounting system is used, it shall be in accordance with generally accepted accounting
principles.
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LL. RETENTION OF RECORDS
1 This provision applies to all financial and programmatic records, supporting documents,
statistical records and other records of Contractor that relate to this agreement.
2. Contractor shall retain all records related to this agreement for six (6) years after final
payment or until after the resolution of any audit questions, which could be more than six
(6) years, whichever is longer. The Department, federal and State auditors, and any other
persons duly authorized by the Department shall have full access to and the right to
examine any and all of the records.
MM. ADEQUACY OF RECORDS
If Contractor's books, records and other documents related to this agreement are not sufficient to
support and document that allowable services were provided to eligible participants, Contractor
shall reimburse the County for the services not supported and documented.
NN. COMPETITIVE BID REQUIREMENTS
1. Equipment
If this agreement is with other than a Public Agency, Contractor shall obtain all equipment
to be utilized under this agreement and purchased with funds provided under this agreement
at the lowest practical cost pursuant to the following competitive bidding system:
a. Procurements in excess of $300, but less than $1,000, require oral price quotations
from two (2) or more vendors. Contractor shall keep and maintain a record of the
vendors' verbal quotations. Contractor's award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications,
and other purchasing factors.
b. Procurements exceeding an aggregate amount of $1,000 shall be approved by the
Contract Administrator. At least three (3) bidders shall be solicited to submit
written quotations. Contractor shall solicit written quotations by issuing a Request
for Quotation to at least three (3) vendors. The award shall be made to the lowest
bidder meeting specification requirements concerning price, conformity to
specifications, and other purchasing factors.
2. Supplies
If this agreement is with other than a Public Agency, Contractor shall obtain all supplies to
be utilized under this agreement and purchased with funds provided under this agreement at
the lowest practical cost and pursuant to a system of written quotes whenever the price is
expected to be greater than $300, unless the Contractor obtains the Contract
Administrator's prior written approval to purchase supplies by an alternate method.
3. Minority, Women and Small Business Enterprises
Contractor shall take affirmative steps to provide an opportunity for minorities, women, and
small businesses to compete in the procurement of equipment and supplies under this
agreement.
4. If Contractor is a Public Agency, Contractor's own bidding procedures shall govern.
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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 arc the responsibility of Contractor within the limits budgeted herein. Repair
costs beyond the budgeted amount shall be approved by the Contract Administrator.
PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE
Contractor understands and acknowledges that the Immigration Reform and Control Act of 1986
(Pub. L. No.99-603) ("IRCA") applies to this agreement. Contractor shall comply with the IRCA in
performing under this agreement and shall grant the County access to inspect its personnel records
to verify such compliance.
QQ. DRUG FREE WORKPLACE ACT
Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.),
which requires that contractors and grantees of federal funds must certify that they will provide
drug-free workplaces. This certification is a precondition to receiving a grant or entering into this
agreement.
RR. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
Contractor 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 Contractor may
be considered a County agent, employee, or representative and that no rights of County civil
service, County retirement, or County personnel rules shall accrue to or apply to any such
individual. Contractor shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workers' compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning
such individuals and Contractor shall indemnify, defend and hold harmless the County with respect
thereto.
TT. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
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Section1 General Provisions
The undersigned, by signing this agreement, represents that he/she has the authority to bind
Contractor to the terms of this Certification. Contractor, as the primary participant in accordance
with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals:
1. Are not presently deban -ed, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a 3-year period preceding the Start Date of this agreement, been convicted
of or had a civil judgment rendered against them for (1) the commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public
(federal, State, or local) transaction or contract under a public transaction; (2) the violation
of any federal or State antitrust statutes or (3) the commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, State, or local) with the commission of any of the offenses enumerated in
subparagraph 2 above;
4. Have not, within a three-year period preceding this Start Date of this agreement, had one or
more public transactions (federal, State, or local) terminated for cause or default;
5. Shall immediately notify the Department if, at any time during the term of this agreement,
it is debarred, suspended, declared ineligible, or voluntarily excluded from participation.
The Department may pursue available remedies in the event of such occurrence, including
immediate termination of this agreement without liability; and
6. Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded from
participation. The Department may pursue available remedies in the event of such
occurrence, including immediate termination of this agreement without liability.
Contractor shall include, without modification, the language of this Certification, in all agreements
with all sub-recipients and other subcontractors; in all lower tier covered transactions, and in all
solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
Should the Contractor is not able to provide this Certification, an explanation as to why shall be
immediately provided to the Department, Attention: Patricia Wallace, 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, Contractor represents and warrants that it is in compliance with the
Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) and all other federal and State
immigration laws and regulations related to the immigration status of its employees. These
representations and warranties shall remain in effect throughout the term of this
agreement. Contractor shall also maintain Employment Eligibility Verification forms (1-9), as
required by the U.S. Department of Labor's Immigration Reform and Control Act of 1986 (Pub. L.
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Section 1 General Provisions
No. 99-603), for all employees performing work under this agreement. 1-9 forms are available for
download at USCIS.GOV.
Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and
further represents:
That Contractor warrants their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-214;
2. That breach of the warranty under subparagraph 1 above shall be deemed a material breach
of this agreement and the County may immediately terminate this agreement without
liability; and
3. That the County and any contracting government entity retains the legal right to inspect the
papers and employment records of any Contractor employee who works under this
agreement to ensure that the Contractor is complying with the warranty provided under
subsection 1 above, and that Contractor agrees to make all papers and employment records
of said employee(s) available to the County during normal working hours in order to
facilitate such an inspection.
VV. CONTRACTOR COMPLIANCE WITH A.R.S. §§ 35-391.06 AND 35-393.06
(SCRUTINIZED BUSINESS RELATIONS WITH SUDAN AND IRAN):
By entering into this agreement, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. These certifications shall remain in effect through the term of this
agreement.
The County may request verification of compliance from any Contractor performing work under
this agreement. If the County suspects or determines that the Contractor is not in compliance, the
County may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, immediate termination of this agreement for default, and the suspension and/or debarment
of Contractor. All costs necessary to verify compliance are the responsibility of Contractor.
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SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
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Section II Special Provisions
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General
Provisions are in conflict, 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 funding
amount without an Amendment.
B. DEFINITIONS
This area intentionally left blank
C. GENERAL PROVISIONS
The following paragraphs from the General Provisions do not apply to this agreement:
G. BUDGET ADJUSTMENTS
H. DISPUTES
I. DEFAULT
N. RECIPROCAL INDEMNIFICATION
P. SINGLE AUDIT ACT REQUIREMENTS
Q. AUDIT DISALLOWANCES
S. CLEAN AIR ACT
Z. COPYRIGHTS
FF. INSURANCE
GG. BONDING
HH. GRIEVANCE PROCEDURE
K.K. FINANCIAL MANAGEMENT
EQUAL EMPLOYMENT OPPORTUNITY
LL. RETENTION OF RECORDS
00. PROPERTY
RR. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
D. STANDARDS
The Contractor shall perform the work and provide the services as identified in the Work
Statement and shall promptly notify the Contract Administrator whenever the Contractor is
unable to, or anticipates an inability to, perform any of the work or provide any of the services
required by the terms of this agreement.
E. EXCLUSIVE USE
All costs billed under this Agreement shall be expended to meet program objectives as set forth in
this Agreement and in accordance with OMB A-21. Any deviation from the above is prohibited
by the Contract Administrator without prior written approval.
F. AGREEMENT RENEWAL
This Agreement may be extended by a written amendment for a term agreed upon by both parties.
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Section 11 Special Provisions
G. CHANGES
1. The Assistant Director may, at any time, by written order, make changes within the
general scope of this agreement in any one of more of the following areas:
a. Work Statement activities reflecting changes in funding source or Department
regulations, policies and requirements.
b. Reallocation of budget line item amounts in accordance with funding sources or
Department regulations, policies, and requirements, or whenever any budget line
item increases or decreases by a factor of 10% during the term of this agreement.
Such Change Orders may be issued quarterly for changes incurred during this
period.
c. Administrative requirements such as reporting format quality, and/or quantity, as
required by the funding source or Department regulatory requirements.
2. Such Change Orders will not serve to increase or decrease the Operating Budget total
without written approval of both parties. Additionally, such order will not direct
substantive changes in services to be rendered by the Contractor without the written
agreement of both Parties.
3. Any dispute or disagreement caused by such written order shall constitute a "dispute"
within the meaning of the Dispute Clause of the General Provisions of this agreement and
shall be administered accordingly.
H. AMENDMENTS
No part of this Agreement shall be waived or altered except by a formal written amendment signed
by both parties. The Contractor shall notify the Department of any changes that significantly affect
either programmatic or financial provisions of this Agreement as set forth in the Work Statement.
All amendments to this Agreement shall be in writing and signed by authorized signers for both
parties.
I. NOTICES
1. All notices to the Contractor regarding this agreement shall be sent to the following
address:
Office for Research &
Sponsored Projects Administration
Arizona State University
P.O. Box 876011
Tempe, Arizona 85287-6011
asu.awards@asu.edu
(480) 965-1427
2. All notices to the Department regarding this agreement shall be sent to the following
address:
Maricopa County
Laurie Ontiveros, Contract Administrator
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Section II Special Provisions
Workforce Development Division
243 N. Central Ave, Suite 3000
Phoenix, AZ 85004
lonti veros@mail .maricopa.gov
3. The Contractor shall give written notice to the Department of any changes to the
following, and a written Amendment to the contract shall not be necessary:
a. Change of address of business office.
b. Change of telephone number.
c. Change in authorized signatory or his/her designee.
d. Change in the name and/or address of the person to whom notices are to be sent.
J. CONFIDENTIALITY
Except with respect to Contractor's employees, Contractor shall maintain the confidentiality of any
information regarding participants or their immediate families which may be obtained through
employee forms, interviews, tests, reports from public agencies, counselors, or any other sources.
With permission of the participant, such information shall be divulged only to persons having
responsibilities under this Agreement, including those furnishing services to the project on
subcontracts.
Notwithstanding any other provision of this Agreement to the contrary, the Parties acknowledge
that ASU is a public institution and instrumentality of the State of Arizona and, as such, is subject
to Title 39, Chapter 1, Article 2 of the Arizona Revised Statutes (Sections 39-121 through 39-
127). Any provision regarding confidentiality is limited to the extent necessary to comply with
the provisions of Arizona law.
K. COMPLIANCE WITH LAWS, RULES AND REGULATIONS
The Contractor shall comply with all applicable Federal, State, and Local statutes and ordinances,
and any regulations promulgated thereunder. This includes, but is not limited to, the Hatch Act of
1982 (5 USC 1501, et seq.), the Workforce Investment Act, Title VI and Title VII of the Civil
Rights Act of 1964 (as amended), Department Directives, Federal Management Circular (FMC)
74-4, Restrictions of Lobbying (31 USC 1352, et seq.), and 26 CFR Parts 1,7,25,53 and 56. The
Contractor shall establish and use internal program management procedures sufficient to establish
that funds have been properly used pursuant to 20 CFR 667.410.
Other Administrative Procedures:
All services provided for under this Contract are subject to further specifications mandated by the
State of Arizona's WIA Administration.
L. DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT
All entities that receive federal funds must obtain a DUNS number, for more details visit:
https://www.sam.gov/sam/transcript/Quick Guide for Grants_Registrations.pdf. Contractor must
also be registered and remain current with the System for Award Management (SAM)
(www.sarn.gov) a database of basic business information for contractors that want to do business
with the federal government. All Contractors and Subcontractors performing work under this
agreement shall obtain an Agency DUNS number and be registered and current with the SAM
database.
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Section II Special Provisions
As a recipient of federal funds, Maricopa County is required to provide Contractors with
information regarding the Employers' Identification Number (FIN) 86-6000472 and DUNS
number assigned to Maricopa County: #077535144.
M. FAIR LABOR STANDARDS ACT
Contractor will be subject to the requirements of the Fair Labor Standards Act (FSLA), in
addition to State and local minimum wage and overtime provisions.
N. EQUAL EMPLOYMENT OPPORTUNITY
As a condition to the award of Department of Labor under Title I of WIA funds, the Contractor
assures that it will comply fully with the nondiscrimination and equal opportunity provisions of
the following laws:
Section 188 of the Workforce Investment Act of 1998 (WM), which prohibits discrimination
against all individuals in the United States on the basis of race, color, religion, sex, national
origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either
citizenship/status as a lawfully admitted immigrant authorized to work in the United States or
participation in any WIA Title 1-financially assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the
bases of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination against qualified individuals with disabilities; The Age
Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on
the basis of sex in educational programs.
The Contractor also assures that it will comply with 29 CFR part 37 and all other regulations
implementing the laws listed above. This assurance applies to the grant applicant's operation of
the WIA Title 1-financially assisted program or activity, and to all agreements the grant applicant
makes to carry out the W1A Title 1-financially assisted program or activity. The grant applicant
understands that the United States has the right to seek judicial enforcement of this assurance.
The Contractor shall comply with E.O. 11246, Equal Employment Opportunity, as amended by
E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and
as supplemented by regulations at 41 CFR part 60, Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.
The Contractor in connection with any service or other activity under the agreement shall adhere to
Federal and State Equal Employer Opportunity (EEO) laws and procedures. Contractor shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits of, or
participation in, contract services on the basis of race, color, or national origin. Contractor shall
comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which
prohibits discrimination on the basis of disability, and with Title II of the Americans with
Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the basis of
physical or mental disabilities in the provisions of activities. Contractor is required to contact
Maricopa Workforce Connections and notify the Director of the Civil Rights Center, United Stated
Department of Labor of any administrative enforcement and/or lawsuits that are filed, alleging
discrimination on the ground of race, color, religion, sex, national origin, age, disability, political
affiliation or belief, and for beneficiaries only, citizenship or participation in SESP program or
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Section 11 Special Provisions
activity. This notification must include: (1) The name of the parties to the action or lawsuit; (2) The
forum in which each case was filed; and (3) The relevant case numbers.
Other Administrative Procedures:
All services provided for under this agreement are subject to further specifications mandated by
the Department of Labor, State of Arizona's W1A Administration.
Contractor shall contact Maricopa Workforce Connections and notify the Director of the Civil
Rights Center, United States Department of Labor of any administrative enforcement and/or
lawsuits brought in connection with this Project.
Maricopa County Human Services Department
Maricopa Workforce Connections (MWC)
Equal Opportunity Officer
234 N. Central Ave. 3r d Floor
Phoenix, Arizona 85004
Phone: (602) 506-5911
Fax: (602) 506-8789
TOO: (602) 506-4802
Civil Rights Center
Director
U.S. Department of Labor
200 Constitution Avenue NW Room N-4123
Washington, DC 20210
Phone: 202-693-6500 Fax: 202-693-6505 TTY: 202-693-6516
0. COPELAND ANTI-KICKBACK ACT
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C.874) as supplemented
in the Department of Labor regulations (29 CFR part 3). in as such this regulation applies to all
contracts and sub grants for construction or repair.
P. CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, Contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of
the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR part 15).
Q. COPYRIGHTS AND OWNERSHIP OF INTELLECTUAL PROPERTY
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. The Parties shall mutually agree 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.
R. INSURANCE
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Section II Special Provisions
Contractor maintains general liability insurance and worker's compensation coverage as
required by state law and pertinent federal laws and regulations under the State of Arizona Risk
Management Plan.
S. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
Contractor shall maintain all financial and programmatic records, supporting documents,
statistical records, and other records which are required to be maintained by the terms of program
regulations and the Agreement. All records reasonably considered as pertinent to program
regulations and the Agreement. The records will be provided at Arizona State University, Tempe,
Arizona.
Contractor shall retain all records pertaining to the Agreement for a period of six (6) years after
the termination of the Agreement term. If any litigation, claim, negotiation, audit or other action
involving the records is started before the expiration of the Agreement term, Contractor shall
retained the records until completion of the action and resolution of all issues which arise from it
or until the end of the regular 6-year period, whichever is later.
Access to records: the County, Maricopa County Human Services Department and the
Comptroller General of the United States, or any of their authorized representatives, shall have
the right of access to any pertinent books, documents, papers, or other records of the Contractor
which are pertinent to the Agreement, in order to make audits, examinations, excerpts, and
transcripts. The rights of access in this section shall be limited to the required retention period.
Restrictions on public access: The Federal Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or local law.
T. CONTRACT REMEDIES
1. Disputes
In the event of any dispute, claim, question, or disagreement arising from or relating to this
Agreement or the breach thereof, the parties hereto shall use their reasonable efforts to
settle the dispute, claim, question or disagreement. To this effect, they shall consult and
negotiate with each other in good faith and, recognizing their mutual interests, attempt to
reach a just and equitable solution satisfactory to both parties. Pursuant to Section 12-1518
of the Arizona Revised Statutes, the parties acknowledge and agree, that they will be
required to make use of mandatory arbitration of any legal action that is filed in the Arizona
superior court concerning a controversy arising out of this Agreement if required by
Section 12-133 of the Arizona Revised Statutes.
2. Default
If Contractor defaults in performing this Agreement and fails to cure the default within 15
days after receiving a notice specifying the default, this Agreement may be terminated by
the County. Default includes failure to make progress in the work so as to endanger
performance. The County reserves the right to have service provided by persons other than
Contractor if Contractor is unable or fails to provide required services with the specified
time frame
U. INDEMNIFICATION
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Section II Special Provisions
Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such Claims
which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees,
or volunteers.
V. AUDIT
In accordance with A.R.S. §35-214, the Contractor shall retain all data, books and other records
("records") relating to this agreement for a period of six (6) years after the completion of the
agreement. All records shall be subject to inspection and audit by the County, Maricopa County
Human Services Department and the Comptroller General of the United States, or any of their
authorized representatives and at reasonable times. Upon request, Contractor shall produce the
original of any or all such records.
The Department shall conduct regular oversight and monitoring of Contractor's activities to
determine whether expenditures made against the cost categories and within the cost limitations
as specified in the Agreement.
Contractor is responsible for all funds under the Agreement. Maricopa County will hold
Contractor liable for all expenditures of funds.
If it is determined that a cost for which payment has been made is a disallowed cost, the
Department shall notify the Contractor in writing of the disallowance and the Parties shall
mutually determine the method of repayment.
W. MONITORING FISCAL & PROGRAM
The Contractor shall make available for inspection and/or copying by the County's monitors, all
records and accounts relating to the work performed or the services provided under this agreement.
If the County determines need to perform fiscal monitoring of Contractor's records, the County
has adopted the Financial and Administrative Monitoring Tool established by the AGA and OMB
as the guideline for fiscal monitoring. The County and/or designated representative shall be
entitled to evaluate contract services and fiscal records and reports in relation to this agreement.
Evaluation will assess the quality and impact of contracted services, either in isolation or in
comparison with other similar services, and will assess the Contractor's progress and success in
achieving the goals set forth in this agreement.
At the request of the Contractor any evaluation reports prepared by the Department, will be made
available to the Contractor.
X. OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this agreement shall be
performed within the borders of the United States. Any services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and may
involve access to secure or sensitive data or personal client data or development or modification
of software for the State shall be performed within the borders of the United States. Unless
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Section Ii Special Provisions
specifically stated otherwise in the specifications, this definition does not apply to indirect or
"overhead" services, redundant back-up services or services that are incidental to the performance
of the Agreement. This provision applies to work performed by subcontractors at all tiers.
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SECTION III
WORK STATEMENT
Maricopa County
Human Services
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section III Work Statement
A. BACKGROUND
The purpose of the Workforce Investment Act of 1998 (W1A) is to "provide workforce
investment activities through statewide and local workforce investment systems, that increase the
employment, retention, and earnings of participants, and increase occupational skill attainment by
participants, and, as a result, improve the quality of the workforce, reduce welfare dependency,
and enhance the productivity and competitiveness of the Nation."
Title I of the Workforce Investment Act provides local areas with three funding streams to make
services available to Adults, Dislocated Adults, and Youth. The purpose of youth workforce
investment activities are intended to provide youth development services for economically
disadvantaged youth 14 through 21 years of age who may face barriers to staying in school,
completing high school or finding stable employment.
The MWC Youth program provides a full range of services such as:
• Opportunities for eligible youth in activities related to leadership, development, decision-
making, citizenship, and community service;
• Involvement of employers and links to local labor markets with emphasize on high-demand,
high-growth occupations in Maricopa County;
• Ensure on-going mentoring opportunities for eligible youth with adults committed to
providing such opportunities;
• Opportunities for training to eligible youth;
• Youth services such as internships and work experiences in high-demand, high-growth
occupations;
• Continued supportive services for eligible youth; and
• Incentives for recognition and achievement to eligible youth
There are fifteen local workforce areas within the State of Arizona. The statewide system, known
as Arizona Workforce Connections (AWC) is overseen by the Workforce Arizona Council
(WAC). . AWC is the "brand" adopted by the WAC for the statewide system. The Maricopa
Workforce Connection (MWC) is administered by the Maricopa County Human Services
Department (MCHSD) Workforce Development Division and is the local workforce area for
Maricopa County, which is an affiliate of AWC.
The MWC Youth Programs Philosophy, Mission, and Vision Statements are:
Our Philosophy is the belief that:
• All youth can learn and achieve;
• All youth can increase awareness and share ideas;
• All youth deserve to experience meaningful participation;
• We must encourage and empower youth to their fullest potential; and
• We must recognize our interaction with youth as a united and equal opportunity partnership.
Our Mission is to create and improve academic, occupational, and civic opportunities for youth to
succeed by providing comprehensive, quality support for their transition from experiential
adolescence to competent adulthood.
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Section 111 Work Statement
Our Vision is to empower the emerging and growing generation to achieve life-long success,
contributing to the overall well-being of their community.
B. PURPOSE
The purpose of this agreement is for the Contractor to provide an in-depth, comprehensive
evaluation of the Maricopa County Human Services Department Workforce Development
Division Maricopa Workforce Connections (MWC) Youth Program as identified in the Service
Delivery area.
The MWC Youth Program is funded through the Workforce Investment Act of 1998 (W1A) pass
through Arizona Department of Economic Security, Catalog of Federal Domestic Assistance
(CFDA): 17.259 - W1A Youth Activities.
C. SERVICE DELIVERY
1. Process Evaluation — Phase 1
Contractor will conduct a process evaluation to assess program structure, organization of
services and measurement system. As part of the process evaluation, Contractor will focus on
answering the following questions in regards to program goals, objectives, and target
priorities:
• What are the W1A-Youth Program's goals and objectives?
o Review policies and procedures.
o Interview program staff, program administrators, and members of the Local
Workforce Investment Board.
• Recruitment and enrollment phases of the program
o What strategies are employed to recruit, select, screen and assign participants to
relevant services?
o Who assigns or refers participants to relevant services?
o How are the needs of program participants assessed? Do the assessments
establish a baseline for measuring relevant changes in participant progress?
o Are assessments developmentally appropriate (younger versus older youth)?
o Review current assessment materials and data management systems.
• Case management service element
o How are case management services organized?
o How are cases monitored and individual service plans modified?
o Interview case managers and service protocol.
• Description of other relevant program elements.
o Do the service plans for each program element align with program goals and
objectives?
o Are dosages consistent with desired outcomes?
o Are interventions aligned with need assessments?
• Process outcomes:
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Section HI Work Statement
o Develop a blueprint of the current program activities.
o Offer recommendations for potential changes in structure and measures of
success.
2. Formative/ Implementation — Phase 2
Contractor will develop and implement the following:
• Develop program logic model.
o Are program elements being implemented as designed?
o Provide training and technical assistance on any modifications in program design
or measurement strategies.
• Identify or create new measures of enrollee need.
o Review literature and other programs for relevant measures.
o Train on any new instruments accepted for use by the programs.
o Assess fidelity in implementing program assessment procedures.
• Create data collection design.
o Create a data collection design for measuring program effectiveness for each
program element.
o Create methods for profiling real time progress on intermediary measures.
• Outcomes:
o Identify relevant implementation problems and negotiate solutions to problems
with program administrators and relevant providers.
3. Outcome Evaluation — Phase 3
Following the first year of the evaluation, the Contractor will conduct an implementation
study and impact evaluation of the program. Contractor will assess how youth providers are
implementing the program logic model and will collect relevant program information. As part
of the outcome evaluation, the Contractor will complete the following:
o Assess the feasibility of selecting a relevant comparison group for evaluating the
program's effectiveness.
o Implement data collection design developed in the prior phase of the evaluation
process.
o Establish agreed upon research questions with Local Workforce Investment
Board.
o Negotiate appropriate follow-ups and desired comparisons on any additional
measures besides the measures contained in established data collection system.
D. TIMELINES & DELIVERABLES
Phase 1 & 2 to be conducted from agreement execution to October 31, 2014.
Phase 3 to be conducted and completed by November 30, 2015.
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SECTION IV
COMPENSATION
Maricopa County
Human Services
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Section IV Compensation
A. COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth below,
County will reimburse the Contractor for services rendered as indicated in the following
subsections.
Funding for this agreement is through the CFDA 17.259 - W1A Youth Activities.
B. REIMBURSEMENT
This is a cost reimbursement agreement. Allowable cost under this agreement, the
Contractor shall use applicable OMB Circular A-21 cost principles and/or other
Generally Accepted Accounting Principles (GAAP), agency program regulations, and the
terms of the Agreement shall be followed in determining the reasonableness, allowability
and allocability of costs.
2. Contractor shall submit invoices following the completion of each phase of the
evaluation.
3. Agreement amount shall not exceed $200,000
4. Contractor shall not procure, contract for nor incur costs to be paid from program funds
prior to the agreement start state.
5. In Invoice is required for reimbursement and must include:
• Agency name, address and contact
• Agency contact information
• Contract number
• Invoice number and date
• Date of service or delivery
• Quantity
• Description of service provided
• Total Amount Due
6. Contractor shall submit invoices and backup documentation to the Department:
Maricopa County
Laurie Ontiveros, Contract Administrator
Workforce Development Division
243 N. Central Ave, Suite 3000
Phoenix, AZ 85004
lontiveros@mail.maricopa.gbv
7. Final invoice must be received no later than 30 days after agreement termination date.
8. Failure to submit the required expenditure reports may result in suspension of funding
under this agreement.

Section IV Compensation
C. METHOD OF PAYMENT
The County shall make payments to Contractor in accordance with 29 CFR 97.21.
1. MWC shall compensate the Contractor as follows:
Upon receipt of accurate and complete invoices, the Department will authorize payment
in accordance with the reimbursement method contained within this agreement no later
than 45 days after receipt.
Send checks or paper remittance advices to:
Office for Research & Sponsored Projects Administration
Arizona State University
PO Box 876011
Tempe, AZ 85287-6011
For overnight courier send to:
Office for Research & Sponsored Projects Administration
Arizona State University
CenterPoint, Suite 310
660 S. Mill Avenue
Tempe, AZ 85281
Wire transfers should be sent to:
Account #: 235335739
ACH (Within USA only) Routing #: 122101706
Routing # (if international): 0260-0959-3
Swift Code: BOFAUS3N
Bank Name: Bank of America
Acet Name: ASU Federal Cash Deposit
2. Contractor will not be reimbursed if any of the following conditions apply:
a. Activities begin before the effective date of the agreement or after the ending
date of the agreement.
b. Request for payment exceeds the approved reimbursement ceiling.
MWC Youth Program Evaluation Page 32 of 35

SECTION V
ATTACHMENT
Maricopa County
Human Services

Section V Attachment
CERTIFICATION REGARDING DEBARMENT
Instruction for Certification
1. By signing this agreement, the prospective recipient of Federal assistance funds is providing the certification
as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective recipient of Federal assistance
funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or
debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to
which this agreement is submitted if at any time the prospective recipient of Federal assistance funds learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," debarred," "suspended", "ineligible", "lower tier covered transaction",
"participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded",
as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this agreement is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this agreement that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from
participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds further agrees by submitting this agreement that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not
required to, check the List of Parties Excluded from Procurement or Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier transaction with a person who is suspended, debarred,
ineligible or voluntary excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DOL may pursue available remedies, including suspension and/or
debarment.
MWC Youth Program Evaluation Page 34 of 35

Section V Attachment
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Certification Regarding Debarment, Suspension
Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions.
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participant's responsibilities. The regulations were published as Part
VII of the May 26, 1988 Federal Register (pages 19160-19211).
(Before completing certification, read instructions which are an integral part of the certification)
1. The prospective recipient of Federal assistance funds certifies, by submission of this agreement, that neither
it, nor its principals, are presently debarred, suspended, proposed from debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Heather Clark
Assistant Director
Research Administration
Arizona State University
MWC Youth Program Evaluation Page 35 of 35