AGREEMENT RE WIC ENROLLMENT WITH CPLC PARENTING AZ.PDF

Agreement No. C-86-15-012-3-00
AGREEMENT
between
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
And
Chicanos Por La Causa, Inc.,
an Arizona Non-Profit Corporation,
Parenting Arizona
5834 E Calle Santos Bravo,
Guadalupe, AZ 85283
This non-monetary Agreement is hereby made and entered into by and between Maricopa County
through its Department of Public Health, Women, Infants and Children Services, thereinafter referred to
as MCDPH WIC and Chicanos Por La Causa, Inc., Parenting Arizona, hereafter referred to as CPLC PA.
A. PURPOSE:
The purpose of this Agreement is to provide Women, Infant and Children (WIC) enrollment to WIC
eligible families (pregnant, postpartum women, infants and children up to age 5) on the premises
owned by the Housing Authority of Maricopa County (HAMC) leased to Chicanos Por La Causa,
Inc., Parenting Arizona, located at 5834 E Calle Santos Bravo, Guadalupe, AZ 85283.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS
The mutual benefit for both parties is:
1. to establish an educational and participatory program of cooperative interaction between
MCDPH WIC and CPLC PA;
2. to provide enrollment services into the MCDPH WIC program for WIC eligible CPLC PA
clients;.
C. MCDPH WIC SHALL:
1. provide enrollment services to WIC eligible families at CPLC PA five days per week. The
enrollment includes participant-centered nutrition education, breastfeeding support and
vouchers to purchase WIC-approved nutritious foods.
2. provide CPLC PA with a County administrative contact person. The administrative contact
person is:
Donna Beedle
WIC Manager
4041 N Central Ave, Ste 700
Phoenix, Arizona 85012
Telephone Number: (602) 506-9339
D. CPLC PA SHALL:
1. provide space as needed to allow WIC enrollment and services.
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Agreement No. C-86-15-012-3-00
E. E-VERIFICATION OF EMPLOYEES:
CPLC PA warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
1. That CPLC PA 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, subsection A: after December 31, 2007, every employer, after hiring an
employee, shall verify the employment eligibility of the employee through the e-verify program
and shall keep a record of the verification for the duration of the employee's employment or at
least three years, whichever is longer.;
2. That a breach of a warranty under subsection A above shall be deemed a material breach of
this Contract that entitles the County to, among other things, terminate this Contract without
liability;
3. That the County retains the right to inspect the papers of the CPLC PA and any subcontractor
employee who works on this Contract to ensure that the CPLC PA and all subcontractors are
complying with the warranty provided under subsection A above, and that the CPLC PA shall
make all papers and employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection.
4. That nothing herein shall make the CPLC PA or any subcontractor an agent or employee of
the County.
F. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
1. NON-FUND OBLIGATING DOCUMENT
This instrument is neither a fiscal nor a funds obligation document. If applicable, any
endeavor or transfer of anything of value involving reimbursement or contribution of funds
between the parties to this instrument will be handled in accordance with applicable laws,
regulations, and procedures including those for Government procurement and printing. Such
endeavors will be outlined in separate agreements that shall be made in writing by
representatives of the parties and shall be independently authorized by appropriate statutory
authority. This instrument does not provide such authority. Specifically, this instrument does
not establish authority for noncompetitive award to the cooperator of any contract or other
agreement. Any contract or agreement for MCDPH WIC services must fully comply with all
applicable requirements for competition.
2. EFFECTIVE DATE
The term of this Agreement shall be for five (5) years and shall commence on October 1,
2014 and end on September 30, 2015. Thereafter, this Agreement will be automatically
renewed for successive one year terms, without the necessity of notice of action by either
party, however may be terminated as provided by options with the Agreement. Either party
may terminate this Agreement upon 30 days prior written notice.
3. MODIFICATION OR AMENDMENT
Modifications within the scope of the instrument shall be made by mutual consent of the
parties, by the issuance of a written modification or amendment, signed and dated by all
parties, prior to any changes being enacted.
4. TERMINATION
Either Party, in writing, may terminate the instrument in whole, or in part, at any time before
the date of expiration. Reasons for termination may include but are not limited to:
a. loss of adequate staffing to reasonably continue the provision of services at this site;
b. terminated if lease with HAMC is terminated with CPLC PA.
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Agreement No. C-86-15-012-3-00
5. CLIENT CONFIDENTIALITY
Both parties understand and concur that this agreement is subject to all State and Federal
laws protecting client confidentiality of health care information. Client/patient confidentiality
will be maintained equally for all individuals presenting for services whether being provided
by MCDPH WIC or CPLC PA. The use or disclosure by either party of any information
concerning an eligible individual served under this agreement is directly limited to the
fulfillment of this agreement.
6. LAWS, RULES AND REGULATIONS
Both parties understand and concur that this agreement is subject to all State and Federal
laws, rules and regulations that pertain hereto. This agreement is governed by the laws of
the State of Arizona.
7. PARTICIPATION IN SIMILAR ACTIVITIES
This agreement in no way restricts MCDPH WIC or CPLC PA from participating in similar
activities with other public or private agencies, organizations, and individuals.
8. NON-LIABILITY
Neither MCDPH WIC nor CPLC PA, nor their respective officers and employees, shall be
liable for any act or omission by the other party or other party’s subcontractor, employee,
officer, agent, or representative occurring in the fulfillment of this agreement.
9. INDEMNITY
MCDPH WIC agrees to indemnify, hold harmless, and defend CPLC PA, its officers and
employees from and against any and all claims, damages, suits and proceedings, from
liability, punitive damages, costs or expense of every type, all or any part thereof arising out
of or in connection with or by reason of any act or omission of MCDPH WIC or any
subcontractors or anyone directly or indirectly employed by either MCDPH WIC or any
subcontractors. MCDPH WIC and its subcontractors shall reimburse CPLC PA for its costs,
including attorney's fees for defense of any litigation arising from such claim. MCDPH WIC
shall include a clause to this effect in all subcontracts inuring to the benefit of the CPLC PA.
Similarly, CPLC PA agrees to indemnify, hold harmless, and defend MCDPH WIC and
Maricopa County, its officers and employees from and against any and all claims, damages,
suits and proceedings, from liability, punitive damages, costs or expense of every type, all or
any part thereof arising out of or in connection with or by reason of any act or omission of
CPLC PA or any subcontractors or anyone directly or indirectly employed by either CPLC PA
or any subcontractors. CPLC PA and its subcontractors shall reimburse MCDPH and
Maricopa County for its costs, including attorney's fees for defense of any litigation arising
from such claim. CPLC PA shall include a clause to this effect in all subcontracts inuring to
the benefit of the MCDPH WIC and Maricopa County.
10. INSURANCE
10.1 CPLC PA and its agents shall obtain and keep in force the following insurance to be
issued by insurance carriers with a minimum category rating in A.M. Best’s of B++ or
better, as set forth below:
a) Workers’ Compensation – Statutory Limit;
b) General Liability - $2,000,000;
c) Excess Liability - $4,000,000;
d) Automobile Liability - $1,000,000 (if applicable);
e) Professional Errors and Omissions Insurance - $1,000,000 each claim/
$3,000,000 Aggregate. Each professional or paraprofessional shall also carry
Professional Malpractice Insurance. This is in addition to the coverage required
above.
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Agreement No. C-86-15-012-3-00
10.2 Excluding insurance coverage for 10.1a) and 10.1e), County, its officers, directors,
agents and employees shall be named as Additional Insureds & Certificate Holders
under the policies of insurance set forth in Subsection 10.1, for any and all purposes
arising out of or connected to the Services provided pursuant to this Agreement.
10.3 County shall be a Certificate Holder for Subsection 10.1a.
10.4 Before providing the Services, as identified in Section D above, CPLC PA shall furnish
County with certificates of insurance evidencing coverage required by this Article. The
certificates shall identify County as additional insured and shall be signed by a person
authorized by that insurer to bind coverage on its behalf.
10.5 All obligations for occurrence coverage shall survive termination of this Agreement.
Other insurance policies required hereby shall expressly provide that such policies shall
not be canceled, terminated or materially altered without thirty (30) days prior written
notice to County.
10.6 CPLC PA shall, and shall cause its agents to comply at all times with all applicable
municipal, county, state, federal or other governmental laws, statutes, codes,
regulations and other requirements, including, without limitation, environmental health
safety and police requirements and regulations respecting the premises used. This
compliance shall be at CPLC PA sole cost and expense. CPLC PA shall be solely
responsible for any and all chemical or toxic waste or other “hazardous material”
disbursement or release of any kind whatsoever, which is caused by CPLC PA and its
agents, whether accidental or intentional, and will be solely responsible for the actual
“clean-up” should any material be released on the County site. In addition, CPLC PA
will be responsible for any cost and expense associated with said clean-up. As used
herein, the term “hazardous materials” shall mean any materials identified as
“hazardous materials” in any municipal, county, state, federal or other governmental
laws, statutes, codes and regulations. This includes, but is not limited to, blood and
bodily fluids.
10.7 All insurance obligations of this Article shall survive termination of this Agreement.
11. COMMUNICATION
Each party agrees to notify the other, in writing, of changes in policy which may affect this
agreement. Notification to be made to the attention of the principal contacts identified in
Section 15 below.
12. This Agreement is subject to the provision in A.R.S. § 38-511.
13. EQUAL EMPLOYMENT OPPORTUNITY
The parties shall not discriminate against any individual on the basis of age, race, religion,
creed, sex, national origin, handicap, disability, sexual orientation or veteran status. To the
extent applicable to this Agreement, the parties agree to comply with Arizona Executive
Order 2009-09, and all other state and federal employment laws, rules, regulations and
executive orders, including the Americans with Disabilities Act.
14. Each party represents to the other that the person executing this Agreement on behalf of the
respective entity is authorized to execute this Agreement and the other party shall have the
right to rely on such representations or warranties.
This Agreement may be executed in one or more facsimile counterparts, each of which shall
be an original, and all of which taken together shall constitute a single instrument.
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Agreement No. C-86-15-012-3-00
15. PRINCIPAL CONTACTS
The principal contacts for this agreement are:
Maricopa County Department of Public Health Partner:
WIC Services Chicanos Por La Causa, Inc., Parenting
Arizona
Name: Donna Beedle Name: Jessica Gutierrez
Phone: 602-506-9339 Phone: (480) 491-2301
FAX: 602-506-9330 E-mail: www.parentingaz.org
E-Mail: DonnaBeedle@mail.maricopa.gov
Grants and Contracts
Department of Public Health
Matthew L. Juan
Grant/Contract Administrator
Phone: 602-506-1829
FAX: 602-372-0675
E-Mail: Mattjuan@mail.maricopa.gov
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Agreement No. C-86-15-012-3-00
IN WITNESS WHEREOF, the parties agree to the changes indicated herein:
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
MARICOPA COUNTY CHICANOS POR LA CAUSA, INC.,
PARENTING ARIZONA
By By
Chairman, Board of Supervisors
Date Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for Maricopa County Signature
DATE: DATE:
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