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CONTRACT FOR SERVICES AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CENTRAL ARIZONA SHELTER SERVICES Contract Amount: $750,000 Contract Start Date: July 1, 2014 Contract Termination Date: June 30, 2015 Contract Number: C-22-15-015-3-00 ______________________________________________________________________________ This Contract for Services Agreement (“Agreement”) is entered into by and between the Central Arizona Shelter Services, (hereinafter referred to as the “Contractor” or “Shelter” or “CASS”), and Maricopa County, administered by its Human Services Department, (hereinafter referred to as the “County” or “Department”). The Contractor and County are collectively referred to herein as the “Parties” and individually as a “Party.” The Contractor, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the services set forth herein. All rights and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including any subcontracts, amendments, or change orders as set forth herein and in: Section I – General Provisions Section II – Special Provisions Section III – Work Statement and Compensation Section IV – Attachments Attachment A - CASS Payment Request and Requirements _____________________________________________________________________________ Contractor Representative: Mark Holleran, Chief Executive Officer Phone: 602-256-6963 Address: 230 South 12th Avenue, Phoenix, AZ 85007 E-mail: mholleran@cassaz.org Maricopa County: Amy Jacobson, Community Development Assistant Director Phone: 602-372-1528 Address: 234 North Central, Suite 3000, Phoenix, AZ 85004 E-Mail: jacobsona@mail.maricopa.gov Notices under this Agreement shall be given by personal delivery or by registered or certified mail postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective three (3) days after being mailed, unless otherwise indicated in the notice. This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either Party hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in any lawsuit brought against the State of Arizona, the County, or the Contractor in any State or federal court. IN WITNESS THEREOF, the Parties have signed this Agreement: Approved By: Approved By: CENTRAL ARIZONA SHELTER SERVICES, MARICOPA COUNTY INC. ______________________________________ _____________________________________ Chief Executive Officer Chairman, Board of Supervisors ______________________________________ _____________________________________ DATE DATE Attested to: _____________________________________ Clerk, Board of Supervisors IN ACCORDANCE WITH A.R.S. §§ 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY(S) WHO HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: ________________________________________ Deputy County Attorney _________________________________ Date 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 for Services between Maricopa County, administered by its Human Services Department, and the Contractor. 2. Director means the Director of the Human Services Department. 3. Board of Supervisors means the Maricopa County Board of Supervisors. 4. Contract Administrator means the person administering this Agreement on behalf of the Department. 5. Contractor means the person, firm or organization listed on the Cover Page of this Agreement. 6. Contract Specialist means the liaison between the Department and the Contractor. The Contract Specialist is responsible for monitoring this Agreement and providing technical assistance to the Parties. 7. County means Maricopa County, a political subdivision of the State of Arizona. 8. Department means the Maricopa County Human Services Department. 9. Director means the Director of the Maricopa County Human Services Department. 10. Division means the Community Development Division of the Maricopa County Human Services Department. 11. Fidelity Bond means a bond to indemnify the Contractor against losses resulting from fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a position of trust. 12. Juvenile means any person under the age of eighteen (18). 13. Payment Bond means a bond executed to ensure payment as required by law of all persons performing work or providing materials in the execution of work provided under this Agreement. 14. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's obligations under this Agreement. Section I General Provisions Page 2 15. Program Manager means the Assistant Director of the Community Development Division of the Maricopa County Human Services Department. 16. Provider means the Contractor and any Subcontractor providing services under this Agreement. 17. Public Agency has the meaning prescribed by A.R.S. § 11-951. 18. Subcontract means any contract entered into by the Contractor with a third party for performance of any of the work or the provision of any of the services under this Agreement. 19. Subcontractor means an entity employed by or funded through the Contractor to perform any of the work or provide any of the services under this Agreement. 20. Subrecipient means the Contractor when the County is the recipient of HUD grant funding. 21. Work Statement means Section III 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. Contractor shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. 3. Contractor is an independent contractor in the performance of all work and the provision of all services under this Agreement and Contractor shall not be considered an officer, employee, representative, or agent of the County. 4. Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization that has a substantial interest in Contractor's organization or with which Contractor (or any of its directors, officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has made full written disclosure of the proposed payments to the Department and has received written approval therefore. 5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. D. AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. E. ASSIGNMENT AND SUBCONTRACTING No right, liability, obligation or duty under this Agreement may be assigned, delegated or subcontracted, in whole or in part, by Contractor without the prior written approval of the Contract Administrator. Contractor shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the Department agrees otherwise. Section I General Provisions Page 3 F. AVAILABILITY OF FUNDS 1. The provisions of this Agreement relating to the payment for services shall become effective when funds assigned for the purpose of compensating the Contractor, as provided herein, are actually available to the Department for disbursement. The Director shall be the sole authority in determining the availability of funds under this Agreement and the Department shall keep the Contractor fully informed as to the availability of funds. 2. If any action is taken by any State agency, federal department or any other agency or instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with this Agreement, the Board of Supervisors may amend, suspend, decrease or terminate its obligations under or in connection with this Agreement. In the event of termination, the County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this Agreement. The Department shall give written notice of the effective date of any suspension, amendment, or termination under this section at least ten (10) calendar days in advance. G. BUDGET ADJUSTMENTS Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the expiration date of this Agreement. Requests for financial adjustments to this Agreement shall be supported by appropriate documentation. If the County agrees to the budget adjustments, the County shall follow section D of this Agreement to amend this Agreement. H. DISPUTES 1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this Agreement that is not resolved between the Parties within a reasonable period of time, which shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the following dispute resolution process. 2. Notice of the specific grounds of a dispute shall be in writing and filed with the Contract Administrator, if one has been appointed, or, if not, with the County Procurement Officer within ten (10) working days from the date Contractor knew or should have known of the basis of the dispute. The Contract Administrator or County Procurement Officer, as applicable, shall respond in writing to Contractor within fourteen (14) working days. The decision of the Contract Administrator or County Procurement Officer shall be final and conclusive unless, within seven (7) working days from the date Contractor is served with the decision, Contractor files a written notice of appeal with the County’s Chief Procurement Officer, who shall provide Contractor with a written response within fourteen (14) working days following receipt of Contractor’s notice of appeal. The decision of the Chief Procurement Officer shall be final and not appealable. 3. Pending a final decision of the Chief Procurement Officer, the Contractor shall proceed diligently with its performance of this Agreement in accordance with the Contract Administrator or County Procurement Officer’s decision. I. 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. Section I General Provisions Page 4 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 days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth on the Cover Page of this Agreement. 3. This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 4. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the service recipients are endangered or the Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this Agreement shall terminate upon the expiration of the term of this Agreement stated on the Cover Page of this Agreement. 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 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 Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. O. 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. Section I General Provisions Page 5 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 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 Section I General Provisions Page 6 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 Contractor warrants that no person or entity has been employed or retained by it to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. X. SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by Contractor of any information concerning an applicant for, or recipient of, services under this Agreement is directly limited to the conduct of this Agreement. Contractor and its agents shall safeguard the confidentiality of this information, just as Contractor would safeguard its own confidential information. Contractor shall include a clause to this effect in all Subcontracts related to this Agreement. 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 Section I General Provisions Page 7 the Department of any such agreement shall be a breach of this Agreement and the County may immediately terminate this Agreement without liability. 2. The Contract Administrator may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) working days, a copy of all such other agreements or grants, when, in the opinion of the Contract Administrator, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 3. If the Contract Administrator determines that the award to Contractor of such other agreement or grant has affected the costs being paid or reimbursed under this Agreement, the Contract Administrator shall prepare an amendment to this Agreement effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section of this Agreement. 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 Subrecipient, at Subrecipient’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. Subrecipient 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. Subrecipient shall name the County as an additional insured party. Subrecipient 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. Subrecipient’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 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. Subrecipient shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Subrecipient to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. Section I General Provisions Page 8 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 Subrecipient of any deficiencies in such policies and endorsements, and such receipt shall not relieve Subrecipient from, or be deemed a waiver of County’s right to insist on strict fulfillment of Subrecipient’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 Subrecipient’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 Subrecipient’s owned, hired, and non-owned vehicles assigned to or used in performance of the Subrecipient’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 Subrecipient’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. Subrecipient 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 Subrecipient pursuant to this Contract. 4. Certificates of Insurance Prior to commencing work or services under this Contract, Subrecipient shall have insurance in effect as required by the Contract in the form provided by the County, issued by Subrecipient’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 CONTRACTOR AGREES TO THIS Section I General Provisions Page 9 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 Subrecipient’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 Subrecipient 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 $2,000,000 each occurrence and provide the Department with proof of coverage. GG. BONDING 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. HH. GRIEVANCE PROCEDURE Contractor shall establish a system through which applicants for and recipients of services may present grievances and may take appeals about eligibility and other aspects of Contractor's work under this Agreement. The grievance procedure shall include provisions for notifying the applicants for and recipients of services of their eligibility or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied by Contractor. 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 Section I General Provisions Page 10 (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. KK. 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. 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, copy and make use of 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 Section I General Provisions Page 11 to be greater than $300, unless the Contractor obtains the Contract Administrator’s prior written approval to purchase supplies by an alternate method. 3. Minority, Women and Small Business Enterprises Contractor shall take affirmative steps to provide an opportunity for minorities, women, and small businesses to compete in the procurement of equipment and supplies under this Agreement. 4. If Contractor is a Public Agency, Contractor's own bidding procedures shall govern. 5. Funding source requirements relating to competitive bid procedures may supersede any or all subparts of this clause and will be specified in the Special Provisions Section of this Agreement. OO. PROPERTY Any property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the Department, and title to all such property shall revert to the County upon the expiration or termination of this Agreement, unless the Contract Administrator determines otherwise. The costs to repair such property are the responsibility of Contractor within the limits budgeted herein. Repair costs beyond the budgeted amount shall be approved by the Contract Administrator. 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 Section I General Provisions Page 12 The undersigned, by signing this Agreement, represents that he/she has the authority to bind Contractor to the terms of this Certification. Contractor, as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with the commission of any of the offenses enumerated in subparagraph 2 above; 4. Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default; 5. Shall immediately notify the Department if, at any time during the term of this Agreement, it is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability; and 6. Shall not enter into a subcontract or sub-recipient agreement with any person or organization that is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability. Contractor shall include, without modification, the language of this Certification, in all agreements with all sub-recipients and other subcontractors; in all lower tier covered transactions, and in all solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76. If Contractor is not able to provide this Certification, an explanation as to why shall be immediately provided to the Department, Attention: Department Director 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. Contractor shall obtain statements from its Subcontractors certifying such compliance and shall furnish the statements to the Department upon request. These representations and warranties shall remain in effect throughout the term of this Agreement. Contractor and its Subcontractors shall also maintain Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603), for all employees performing work under this Agreement. I- 9 forms are available for download at USCIS.GOV. Section I General Provisions Page 13 Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further represents: 1. That Contractor and its Subcontractors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214; 2. That breach of the warranty under subparagraph 1 above shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 2. That the County and any contracting government entity retains the legal right to inspect the papers and employment records of any Contractor or Subcontractor employee who works under this Agreement to ensure that the Contractor and its Subcontractor are complying with the warranty provided under subsection 1 above, and that Contractor agrees to make all papers and employment records of said employee(s) available to the County during normal working hours in order to facilitate such an inspection. VV. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS AS APPLICABLE FOR FEDERALLY FUNDED PROGRAMS 1. The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 2. Subrecipient 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 Subrecipient and copies provided to County upon request; and 3. Subrecipient shall insert the substance of this clause, including this paragraph (3), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). SECTION II SPECIAL PROVISIONS Maricopa County Human Services 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 1. As used throughout this Section, the following terms shall have the following meanings: a. Emergency shelter means any facility, whose primary purpose is to provide temporary or transitional shelter for the homeless in general, or for specific populations of the homeless. b. Homeless person means an individual or family that lacks a fixed, regular and adequate nighttime residence; or an individual or family that has a primary nighttime residence that is: 1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelter, and transitional housing for persons with mental illness); 2) An institution that provides a temporary residence for individuals intended to be institutionalized; 3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; The term does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress, a State Law, County or City regulations and laws, etc. c. Low demand shelter (also known as Men’s Overflow Shelter – “MOS”) means any facility, the primary purpose of which is to provide temporary emergency overnight sleeping accommodations for homeless men, with minimal requirements for shelter eligibility and client tracking. d. Benchmarks mean checkpoints or milestones of the Contractor’s progress during a specific performance goal. e. Operations means service necessary to perform shelter operations including rent, security systems, fuel, equipment, insurance, utilities, furnishings, and supplies for shelter clients. f. Shelter services means services that may include shelter facility operations, subsidy payments for renovation or rehabilitation of shelter facilities and may be supported by ancillary services. g. Unit of service means bed per night per person. h. Materials/supplies means office supplies such as pencils, papers and forms, but not data processing supplies. Section II Special Provisions Page 2 i. Personnel means all staff members, in whole, or in part, who are directly involved in and who are paid to provide services under this Contract. j. MCHSD means Maricopa County Human Services Department. k. CDD means MCHSD’s Community Development Division. C. STANDARDS Contractor shall perform the work and provide the services as identified in Section III, the Work Statement, and shall immediately notify the Contract Administrator whenever the Contractor is unable to, or anticipates an inability to, perform any of the work or provide any of the services required by the terms of this Agreement. D. CHANGES ORIGINATED BY THE DEPARTMENT Payment Adjustments: If changes do not result in an increase or reduction of the total contract budget amount and result in more than a 10% change in a payment category, changes will take place with budget change orders to be executed, approved and signed by both the MCHSD Director and Contractor agency director. Changes that result in an increase or decrease in the total contract budget will require a formal contract amendment pursuant to Section D of the General Provisions. Any dispute or disagreement resulting from written change orders shall constitute a dispute within the meaning of the dispute clause of the contract General Provisions and shall be adjusted accordingly. The MCHSD Director may, at any time, make changes by written order to the general scope of this contract in any or all of the following areas and methods: 1. Work statement activities reflecting changes in County or Department regulation, policies and requirements. 2. Administrative requirements such as reporting format quality and/or quantity. E. COMPLIANCE WITH LAWS, RULES & REGULATIONS Contractor shall comply with all applicable laws, rules, and regulations, without limitation, to those designated within this Agreement. F. AUDIT REQUIREMENTS In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file with the Human Services Department, either: 1. Audited financial statements prepared in accordance with federal single audit requirements or, 2. Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. G. FINGERPRINTING The provisions of A.R.S. § 46-141 (as may be amended) are hereby incorporated in their entirety as provisions of this contract. For reference, these provisions include, but are not limited to, the following: Section II Special Provisions Page 3 1. Contractor and any subcontractor staff (pre-approved by the County) who are required or allowed to provide services directly to juveniles or vulnerable adults shall possess a fingerprint clearance card that meets Level One requirements as described in ARS 41- 1758.07, OR, if awaiting receipt of their clearance card, shall provide services under direct visual supervision and oversight of an employee who possess a level one fingerprint clearance card until they are issued a valid fingerprint clearance card that meets the Level One requirements. Contractor and subcontractor staff includes current employees, whether paid or not, who transfer into a direct service position, volunteers, and new employees whether paid or not. 2. The Contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The Department may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract. 3. Except as provided in A.R.S. § 46-141, this contract may be cancelled or terminated immediately if a person employed by the Contractor and who has contact with juveniles certifies pursuant to the provisions of A.R.S. § 46-141 (as may be amended) that the person is awaiting trial or has been convicted of any of the offenses listed therein in this State, or of acts committed in another state that would be offenses in this State, or if the person does not possess or is denied issuance of a valid fingerprint clearance card. 4. Personnel who are employed by any Contractor whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the Arizona Department of Economic Security and notarized whether they are awaiting trial on or have ever been convicted of any of the offenses described in A.R.S. § 46-141 (as may be amended). 5. Personnel who are employed by any Contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the Arizona Department of Economic Security and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. 6. Upon request the Contractor shall make available valid fingerprint clearance cards to MCHSD CDD. H. CONTRACTOR CHANGES The Contractor is required to notify the MCHSD Director, in writing, within fifteen (15) calendar days, of any changes in the following: Agency executive staff funded with this contract Agency authorized signatory Agency address, phone, fax or email addresses Person to whom Agreement notices should be sent Any changes in insurance providers I. DEPARTMENT DETERMINATIONS The County reserves the right to increase or decrease contractor’s budget or scope of work based on over, under or non-performance resulting from program overview and monitoring by MCHSD staff. J. ALLOCATION OF FUNDING Section II Special Provisions Page 4 Should additional funds become available during the term of the contract period, the Department reserves the right to allocate these funds and proportionate services in this Agreement. Allocations may be adjusted based on documented client need, census determinations, or over, under or non- performance by the Contractor. K. COMPUTER SOFTWARE POLICY The contractor shall comply with Federal copyright laws applicable to software licenses. In addition, all policies and agreements between the Department and the Contractor related to contract equipment, software, internet accessible database system, and access shall be implemented and monitored. Annually, contractors will be required to submit an inventory of all county provided hardware and software to the MCHSD Community Development Division Assistant Director. L. COOPERATION IN TRAINING, PLANNING, NEEDS ASSESSMENT, OUTCOME MEASUREMENT INITIATIVES The Contractor will be required to cooperate in needs assessments, training required by MCHSD and planning and outcome measurement initiatives. M. REPORTING REQUIREMENTS Unless otherwise provided in this Agreement, reporting shall adhere to the following schedule: no later than the 20th of the following month for each month during the contract term. The Contractor shall submit programmatic and financial reports to the Department in the form set forth in this Agreement. Failure to submit timely, accurate and complete reports by the designated day may result, at the option of the Department, in retention or forfeiture of payment. Contractor shall submit to the Department all final program and fiscal reports no later than the designated date to be determined by the Department, following the termination or expiration of this Agreement. Failure to submit final program and fiscal reports within the designated time period may result, at the option of the Department, in forfeiture of final payment. N. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY If providing direct services to children or vulnerable adults, the following shall apply: 1. The Contractor must comply with the provisions of A.R.S. § 8-804 (as may be amended) and are hereby incorporated in its entirety as provisions of this Contract. 2. Contractor shall submit information upon request to MCHSD CDD prior to employing or allowing any person to volunteer who provides such direct services under this Agreement. MCHSD will request ADES to conduct Central Registry Background Checks on behalf of the Contractor. The results must indicate that the person has no disqualifying acts that would prohibit him/her from providing services to clients. If the Central Registry background check specifies any disqualifying act and the person does not have a Central Registry exception, the person shall be prohibited from providing direct services to clients. 3. The information contained in the Central Registry will be used as a factor to determine qualifications for positions that provide direct service to juveniles or vulnerable adults as follows: a. Any agency, their employees or volunteers who apply for a contract with MCHSD; or b. All employees/volunteers of the Contractor; or c. A subcontractor of the Contractor and any subcontractor employees or volunteers; or Section II Special Provisions Page 5 d. Prospective employees/volunteer of the Contractor or its subcontractor before being employed or volunteering. 4. The Contractor shall ensure all requirements of this Section are met in order to: a. Protect Clients b. Avoid Agreement cancellation or termination for cause by the County. c. Include any salary/employee-related expenses on the monthly Financial Claim Form pertaining to any people included in clause General Requirements set forth in Section I, General Provisions, General Requirements, Paragraph C (4) and (5). . 5. Before being employed or volunteering in a position that provides direct services to children or vulnerable adults under this Agreement, persons shall certify on forms provided by ADES whether an allegation of abuse or neglect was made against them and was substantiated. 6. A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a Central Registry exception. 7. Results from ADES of the Central Registry background checks shall be submitted to the Contractor within five (5) days of receipt by MCHSD/CDD. 8. The Contractor shall maintain the Central Registry Background Check results in a confidential file for six (6) years after termination of the Contract, or resolution of any audit issues, whichever is longer. This requirement is pursuant to the Retention of Records section under this Contract. O. CODE OF CONDUCT The Contractor shall avoid any action that might create or result in the appearance of: 1. Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under this Agreement. 2. Acted on behalf of the County without appropriate authorization. 3. Provided favorable or unfavorable treatment to anyone. 4. Made a decision on behalf of the County that exceeded its authority, could result in partiality, or have a political consequence for the County. 5. Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or adversely affect the confidence of the public or integrity of the Department. 6. Loss of impartiality when advising the Department. P. CONTRACT TERM AND OPTION TO EXTEND 1. The term of the resultant Agreement shall commence upon July 1, 2014, and shall remain in effect until June 30, 2015 or otherwise specified date, unless terminated, cancelled, or extended as otherwise provided herein. Section II Special Provisions Page 6 2. The County may, at its option and with the agreement of the Contractor, renew the term of this Agreement for additional terms up to a maximum of two (2) years, (or at the County’s sole discretion, extend the Agreement on a month-to-month basis for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the contract term at least thirty (30) calendar days prior to the expiration of the original contract term, or any additional term thereafter. Q. PAYMENT RECOUPMENT The Contractor shall reimburse the Department upon demand or the Department may deduct from future payments the following: 1. Any amounts received by the Contractor from the Department for contract services which have been inaccurately reported or are found to be unsubstantiated. 2. Any amounts paid by the Contractor to a subcontractor not authorized in writing by the Department. 3. Any amount or benefit paid directly or indirectly to an individual or organization not in accordance with the Substantial Interest terms and conditions refer to section General Requirement’s set forth in Section I, General Provisions, General Requirements, Paragraph C (4) and (5). 4. Any amounts paid by the Department for which the Contractor’s books, records, and other documents are not sufficient to clearly substantiate that those amounts were used by the Contractor to perform contract services. 5. Any amounts received by the Contractor from the Department which are identified as a financial audit exception. 6. Any amounts paid or reimbursed in excess of the contract or service reimbursement ceiling. 7. Any payments made for services rendered before the contract begin date or after the contract termination date. SECTION III WORK STATEMENT AND COMPENSATION Maricopa County Human Services Section III Work Statement and Compensation Page 1 A. SCOPE OF WORK 1. Emergency Shelter Services - CASS Shelter a. Located at 230 S. 12th Avenue Phoenix AZ 85007 b. Provide shelter services for homeless persons or families for 365 days (July 1, 2014 – June 30, 2015) in Maricopa County, regardless of origin or residence. c. Shelter shall remain open seven (7) days per week, twenty-four (24) hours per day, including all holidays d. Make available in the CASS shelter a minimum of 43 spaces for individuals who have utilized the MOS after September 15th e. Operate the CASS shelter, with other public and private funds f. Cooperate with the County Rapid Rehousing contractor g. For each homeless individual and/or family, provide: i. An assessment of need; ii. Assistance in obtaining or directly providing other needed/essential services; and iii. Maintain a client file containing the assessment of need and other services obtained or directly provided. 2. Men’s Overflow Shelter (MOS)/ Low Demand Shelter a. Located at 1214 W. Madison, Phoenix, AZ b. Shelter shall be available from 6:00 p.m. to 6:00 a.m., from July 1, 2014 through April 1, 2015 c. Operate the MOS shelter, with a declining maximum number served based on the following schedule: Date Maximum Capacity October 31, 2014 220 November 30, 2014 190 December 31, 2014 160 January 31, 2015 120 February 28, 2015 80 March 31, 2015 40 April 1st Facility no longer in use d. Cooperate with the County Rapid Rehousing contractor B. BUDGET Activity Duration Amount CASS Shelter Operating costs for 12 months $450,0001 MOS Operating costs for 9 months Up to $225,0001 Unrestricted MOS or CASS Operating costs or one time transitional $75,0002 Shelter costs of MOS for 9 months 1Any funds not used for the operating costs of the CASS shelter or the MOS may be used for the costs associated with the transfer of 43 individuals from MOS into CASS space formerly occupied by the Grant Per Diem program. 2Any funds not used for the operating costs of the CASS shelter or the MOS may be used for any one time transitional costs associated with the placement of individuals from the MOS into alternative housing or into the CASS shelter that results in a net reduction of individuals served in the MOS. Section III Work Statement and Compensation Page 2 C. REIMBURSEMENTS Monthly Payments shall be made to the contractor upon receipt of the following documentation: 1. CASS Shelter: Expenses for the CASS shelter operating costs may be reimbursed at a monthly amount not to exceed $37,500 for 12 months 2. MOS: Expenses for the MOS operating costs may be reimbursed at a monthly amount not to exceed $25,000 per month for up to 9 months 3. Expenses for one- time and transitional costs may be reimbursed monthly. 4. CASS to provide separate invoices for operating costs and one-time transitional costs. Documentation Required – Due by the 20th calendar day of the following month (for the months of October - April): The Contractor shall submit a monthly Financial Claim Form (Claim) to MCHSD/CDD before payment(s) can be made by the County as provided for under this Agreement. A template Claim form (Attachment A) shall be provided by MCHSD/CDD to the Contractor. Sufficient backup shall also be attached to the Claim, such as a General Ledger or detailed Expenditure Report, with the included charges circled or highlighted. Submit all reports to: Maricopa County Human Services Department, Community Development Division Attn: Assistant Director, 234 N. Central Avenue, Suite 3000, Phoenix, AZ 85004. At the County’s discretion, reports may be emailed by the Contractor upon receipt of specific County contact information. D. REPORTING AND MONITORING 1. Provide a list of all individuals who used the MOS on September 15th by September 30th. 2. Maintain a Daily list of the names all individuals who spend a night at the MOS by month, and make that list available upon request. 3. Provide VI-SPDAT scores for all individuals who receive that assessment and make that list available upon request. 4. Provide a Daily log of the total number of individuals in the MOS and East Lot by males and females. 5. Allow County monitoring of the CASS and MOS facility 6. Progress and/or Program Performance Reports to be forwarded to the County shall be maintained by the Contractor in the Homeless Management Information System (HMIS) or as necessary, in the Contractor’s system. Such reports may include, but are not limited to, the HMIS Program Performance Report, HMIS Homelessness Prevention Housing Outcomes Report, and the HMIS Homeless Assistance Outcomes Report. Contractor shall request HMIS reports be delivered from HMIS administrator (Community Information & Referral) directly to MCHSD. 7. MCHSD reserves the right to add, remove or revise reporting requirements at its discretion. SECTION IV ATTACHMENTS Maricopa County Human Services Section IV Attachment A Page 1 0 750,000.00 $ ONLY EXPENDED BALANCE USE MCHSD FOR 750,000.00 - - 750,000.00 APPLIED - - $ $ $ $ MATCH $ $ 14/15 FUNDS ENCUMBRANCE BALANCE 450,000.00 450,000.00 225,000.00 75,000.00 300,000.00 750,000.00 ALLOCATION YEAR BALANCE PRIOR $ $ $ $ $ $ INVOICE MCHSD - - - individuals THIS TO $ $ $ PRIOR - - - DEPARTMENT (CASS) homeless OF INVOICES PROGRAM Inc. SUM $ $ $ SERVICES GRANT Services, to nights BUDGET ACTIVITY BUDGET 450,000.00 450,000.00 225,000.00 75,000.00 300,000.00 750,000.00 HUMAN Shelter shelter PROJECT $ $ $ $ $ $ SOLUTIONS Arizona Ave 85007 2015 to TOTALS COUNTY 12th AZ operations emergency 30, TOTAL Up cost TOTAL EMERGENCY Central S. 230 Phoenix June SUB SUB MARICOPA Shelter Provide transitional Date: Address: City/Zip: DEADLINE Shelter Invoice GOAL: ACTIVITY Operations Operations One-time CONTRACTOR: YEAR ACCOMPLISMENTS: -Shelter Overflow 14/15 EXPENDITURE # FISCAL FY PROJECT IDIS CASS Men's