CONTRACT RE TB SCREENING WITH THE CITY OF PHOENIX.PDF

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City of Phoenix
HUMAN SERVICES DEPARTMENT
April 18, 2013
Ms. Corinne Velasquez, Division Administrator OF PUBLIC HEALTH — CLINICAL SERVICES
MARICOPA COUNTY DEPARTMENT
1645 E. Roosevelt Street
Phoenix, AZ 85006
Dear Ms. Veiasquez:
Notice of Award
TB Screening and Diagnostic Services
Head Start Programs
RFQ No HSD-EDU-Q13-19
This is to notify you that the evaluation for the referenced RFQ has a contract been completed, with the City and
Maricopa County Department of Public Health has been awarded
of Phoenix pending City Council approval on May 15, 2013.
Council has approved the contract award, I will start preparing the contract
Once City
documents for execution.
for your interest in providing services to the City of Phoenix. We look forward
Thank you with you. Please feel free to contact me at (602) 534-7637 with any
to working
questions.
Sincerely,
1LteA 0"1/. frfrai%k"
Pamela M. Smith
Contracts Specialist il
c: Project File
Washington Street, 18th Floor • Phoenix, Arizona 850n-1611 • 602-262-6666 • FAX 602-534-3722
200 West Re<ycltd Paper

136014-0
City of Phoenix OFFER AND CONTRACT AWARD
HUMAN SERVICES DEPARTMENT Submit the original of this form to the City of Phoenix.
tiliSD-EDU-013-19 TB Screening and Diagnostic Services- Head Start
Request for Quotes
Program and Early Head Start Program
OFFER
TO: The City of Phoenix (City) undersigned hereby offers and agrees to provide the
Subject to acceptance by the City, the conditions, scope of work, and any solicitation amendments.
services(s) in compliance with all understanding terms, of and compliance with these contractual documents.
A signature below also certifies to keep this offer open for acceptance by the City for a period of 120
The undersigned further agrees
days.
I Federal Employer ID # 86-6000472
Maricopa County Department of Public Health - Clinical Services
Company Name:
Company Contact: Corinne Velasquez
Mailing Address: 1645 E. Roosevelt St, 7.7Z
••••••I•
[City, State, Zip: Phoenix, AZ 85006
[ Phone/Fax: 602-506-6657
t.41
[ Email: CorinneVelasquez@mail.maricopagov
Signature of Person r). Dr. BA
Authorized to Sign Offer:
Printed Name/Title: Dr. Bob England, Director of Public Health only)
OF OFFER AND CONTRACT AWARD (for City of Phoenix use
ACCEPTANCE Your offer is hereby accepted, The Contractor Is now bound to provide terms, the service(s) conditions, listed scope in the of work,
attached award notification based upon offer the Solicitation, as accepted Including by the City all of Phoenix. This contract shall
amendments, etc., referred and to the as Contractor's Contract No. (.7 it V I .
henceforth be
APPROVED AS TO FORM:
CITY OF PHOENIX
A Municipal Corporation Manager ACTING City Attorney
David Cavazos, City
••• ATTEST:
BviDeUW
Deanna Jonovich Direc or City Clerk
Human Services
Awarded this dateS

AWARD NOTIFICATION
NOTICES: Contractor shall address all notices relative to this Contract to the attention of:
The
City of Phoenix Human Services Department
Education Patricia Division Nightingale, Deputy Director Education Division
ATTN:
200 W. Washington —19th Floor
Phoenix, AZ 85003-1611
Phone: (602) 262-4040
Fax: (602) 495-5690
Email: patrida.nightingale@phoenix.gov
Contract Contact:
Carolyn WiOmer, Education Health Specialist
City of Phoenix Human Services Department
200 W. Washington — 19 th Floor
Phoenix, AZ 85003-1611
Phone: (602) 534-3037
Fax: (602) 495-5690
Email: carolyn.willmer@phoenix.gov
Human Services Department shall address all notices relative to this Contract
The City of Phoenix
to the attention of:
Maricopa County Department of Public Health Clinical Services
ATTN: Corinne Velasquez
1645 E. Roosevelt
Phoenix, AZ 85006
Phone: 602 506-6657 Cell: (480) 200-9464
Fax: 602 372-0342
Email: CorinneVelasquez@mailmaricopa.gov
CONTRACT TERM: Contract shall begin on July 1, 2013 and shall terminate on June 30, 2014 with
The term of this additional one-year periods beginning July 1, 2014, by mutual written
option to renew for either two party gives notices to the other as stated herein.
agreement, unless
SERVICE(S) AWARDED:
T e service is awarded as follows: Source Rate
Service Fund Unit: per service
performed
DHHS $65.00 per patient
TB Screening or Diagnostic referral
Services
This contract shall not exceed $4,000 during the entire contract term.
Award Notification
Page 1 of 1

City of Phoenix
Human Services Department
SCOPE OF WORK
TB Screenings/Diagnostic Services
Head Start and Early Head Start Programs
1. PURPOSE Chapter II, Section 2, Paragraph (1) of the Phoenix City Charter, the City of
Pursuant to Department (City), Education Division makes funding available
Phoenix Human testing Services services for parents and enrolled children of the Head Start
to provide TB Early Head Start Program. Parents volunteer in the classroom setting
Program required and the to obtain a TB clearance prior to be allowed in the classroom.
but are
The purpose of this contract is to establish an account so that the City can make including
referrals of parents or children who need diagnostic services will for be tuberculosis, referred if they have no
TB skin tests and further evaluation as needed. Parents Children will be referred for TB if their volunteer
other resource to obtain these services. Head Start require TB clearance, and they have no
activities with Head Start or Early
other resource to obtain this service,
Head Start and Early Head Start funding in the amount of approximately Department $15,000 will of be
expended during the entire contract term and is provided by by the the U.S, City of Phoenix
Health and Human Services. These funds are administered
Human Services Department.
2. BACKGROUND comprehensive pre-school program that serves low-income children and
Head Start is a promotes school readiness by enhancing the social and
their families. The program of children through the provision of educational, health,
cognitive nutritional, development social and other services to enrolled children and families.
The City currently administers ten agreements with Head Start Delegate agencies. Agencies,
seven of which are school districts, and three of which are non-profit
Early Head Start program serves 300 children from birth to three years old who live as
The within the City of Phoenix Head Start boundaries. These 300 slots are target administered teens, women
the home-based model option full year service. Special recruitment children living in
with at risk pregnancies, children experiencing children, homelessness, and children with disabilities or
Immigrant and refugee families, foster
developmental delays.
Authorized caseworkers will generate a written referral, indicate service, the services if the required, referral is
and give to the parent who will bring It with them on caseworker the date of will attach a copy of the
for evaluation following a positive TB skin test, the provide Head Start with their TB
skin test result to the referral form. The client will
clearance documentation.
Scope of Work-TB Testing Services

City of Phoenix
Human Services Department
3. CONTRACTOR'S RESPONSIBILITIES (PPD/Purified Protein Derivative), syringes, and other necessary
3.1 Maintain supplies and TB serum be responsible for all associated costs.
3.2 Administer the TB skin test, clearly documenting the date time and time read, given the size of the
3.3 Read the TB skin test, clearly documenting the date and
reaction, and the result (positive or negative) further evaluation for active or communicable TB,
3.4 If a TB skin test is positive, provide
including a chest latent x-ray If TB, necessary. but is at risk for developing active or communicable TB,
3.5 If the patient has resources, including but not limited to Maricopa County
refer patient to community (MCDPH) Tuberculosis Control and Prevention. (The patient
Dept. may be of required Public Health to pay for treatment at MCDPH and other agencies).
3.6 If the patient has active or communicable TB, notify MCDPH immediately, as
required by state law, and refer the patient to MCDPH. at the time of their visit
3.7 Provide the patient with TB clearance documentation
whenever Care possible. Providers employed by the contractor who administer or read TB skin
3.8 tests, Health and who provide further evaluation for patients with positive skin tests, shall
have appropriate training and expertise in providing these services.
4. CITY'S RESPONSIBILITIES
CITY 4.1 Assign shall: the Health Specialist as a point of contact for tasks and activities associated
with the Scope of Work requirements. referral forms which will be authorized by the
4.2 City caseworkers will complete
casework supervisor or area following supervisor. a positive TB skin test, the caseworker will
4.3 If the referral copy is of for the evaluation skin test result to the referral form.
attach a
5. ADMINISTRATIVE Contractor REQUIREMENTS shall submit correctly completed monthly invoices no later
5.1 Invoicing: than the 15th clay of the following month that service is delivered to the name
identified in Notices.
Invoice shall contain the contractor name and address, invoice number, upon contract rate. The
number, and date and description of work performed at the agreed
invoice must also include the client's name and address, and the City's
authorization form must be attached.
Scope of Work-TB Testing Services

1. Experience
County Department of Public Health (MCDPH) Tuberculosis (TB) Program has
The Maricopa visitors and residents of Maricopa County for over 50 years. By Arizona
been serving the The TB Program, which is under the Clinical Services Division of
Revised Statute §36-723, monitoring and providing treatment for all reported cases
MCDPH is responsible for evaluating, performing contact investigations to identify new
and suspects of TB infection, as well as is also responsible for treatment and follow-up
infections of TB for treatment. The TB Program It is a well-recognized leader in the treatment
of high-risk latent TB infection (LTBI) patients. education and acts as a resource for the medical
and prevention of TB infection and provides community at large regarding best practices for TB
providers, medical institutions and Arizona the had the ninth highest case rate in the nation and
treatment and prevention. In 2011, (118/255) of the active TB cases in the state with a case rate of
Maricopa County reported 46%
3.1 cases per 100,000.
The TB Program is comprised of a team of approximately 30 staff that includes Observed Medical
Providers, RNs, LPNs, Medical Assistants, X-ray Technologists, Nurse Directly Case Managers,
Therapy/Directly Observed Preventive Therapy (DOT/DOPT) Providers, This group is overseen
a Social Worker, Medical Records/Clerical Staff Medical and Epidemiologists,. Director, who also serves as a State
by the TB Program Manager and the Division Clinical Service's in-house pharmacy and
Deputy TB Control Officer. The TB Program utilizes specializing in infectious disease and
laboratory, and has contracted with local physicians and treatment of TB, to provide on-site treatment
pulmonology, who are trained in the evaluation requiring care. The TB Clinic is staffed with at least
and medical management of each patient of three full days each week.
one specialized physician the equivalent
The TB Clinic is located at 1645 E. Roosevelt, Phoenix, AZ 85008. Clinic hours from are 9:00 Monday, am. to
Tuesday, Thursday and Friday from 8:00 a.m. to 5:00 p.m.; and Wednesdays skin tests cannot be
5:00 p.m. Because of the timing of reading a TB skin test (48 to 72 hours), Monday is a holiday.
placed on Thursdays and cannot be placed on a Friday if the following
Services for 'a health card are walk-in services, with no appointment required.
Key Personnel
MBBS, MPH, FAAP - Division Medical Director: Prior to joining MCDPH
Renuka Khurana, Khurana spent 17 years as a Staff Physician, Associate Medical Director, and Lead
in 2007, Dr. Oriented Primary Care in Dallas, TX Upon joining MCDPH, she
Physician at Community Intensive Training at Heartland National TB Center, and Radiographic
attended Tuberculosis of TB at the Francis J Curry TB Center. In 1987, Dr. Khurana participated in a
Manifestations Lab research project titled, "Neutrophil Aggregation by Zymosan and Pneumococcal
nephrology Syndrome" at Cardinal Glennon Hospital in St Louis, MO, and in 2005,
Activation in Nephrotic
2
Request for County Quote Department No, HSD.EDU-QI3-19 of Public Health
Maricepa

Outcomes Research for Shared Medical Appointments at Community
she participated in Health
Oriented Primary Care, Dallas, TX.
Administrator; Ms. Velasquez is responsible for the
Corinne Velasquez, MBA - Division functions include financial management, strategic
administrative functions of the Division. These and compliance. Ms. Velasquez has been
planning, policy development and implementation, Program Manager for the Healthcare for the Homeless
with MCDPH since 2003, initially as the Services.
Program then as the Division Administrator for Clinical
Bravo, MD - TB Program Manager: Dr. Bravo is responsible for overall management, management
Angelito of the TB Program, including administrative functions, TB surveillance, goals and budget objectives. He has
grant reporting, strategic planning and meeting all programmatic health with five years experience in TB
more than seven years experience working in public experience and has worked for the Arizona
program management. He has state and international Program Manager and for the World Health
Department of Health Services as State TB Department. He has been with MCDPH since
Organization as Medical Officer for the StopTB
2012. Householder is responsible for the approximately $10
Doris Householder - Accountant: Ms. consisting of general fund money, state and federal
million received by the Division programs, She has been with MCDPH since 2008.
grant money, and special revenues.
MCDPH Director: Dr. England has been the Director of MCDPH
Bob England, MD, MPH — leadership, MCDPH has made a positive transformation
since 2006. Under Dr. England's of its activities, including the activities undertaken by the
through restructuring and reorientation Epidemiologist in Arizona for 5 years; a position that
TB Program. Dr. England served as a State for the Bureau of Epidemiology & Disease
included serving as the Chief Medical Officer Officer. Dr. England has also served as a Medical
Control Services, and as the State TB Control Services for the Arizona Department of health
Epidemiologist in the Office of HIV/STD community health centers, and as the Division Medical
Services, as a Medical Director in several Services for Marieopa County. Dr. England attended
Director for Preventative Medical Health J. Curry TB Center, and Clinical Management and Control
TB Intensive Training at the Francis Research Center. Dr. England is a designated State
of TB at the National Jewish Medical and
Deputy TB Control Officer. .
Campos-Outealt, MD. MPA - Physician: Dr. Campos-Outcalt is currently Medicine the Associate for the
Doug Chair and Clinical Professor for the Department of Family and is Community board certified in Preventive
University of Arizona, College of Medicine. Dr. Campos-Outcalt with the TB Program on a full-time or part-
Medicine and Family Practice. He has been involved successful grant applications, and has
time basis for nearly 30 years. He has authored several Investigator on over 10 research projects. Dr.
served as a Principal Investigator or Co-Principal
3
Request for County Quote Department No. HSD-ED11-Q13-19 of Public Health
Maricopa

with MCDPH providing care to patients diagnosed with
Campos-Outcalt is currently on contract
LTBI, is board certified in Internal Medicine and in
Amy Sorenson, MD - Physician: Dr. Sorenson associated either in a full-time or part-time capacity
Pulmonary Disease Medicine. She has been served as a medical consultant and the TB Medical
with MCDPH since 2003. Dr, Sorenson has treating adults and children with TB disease,
Program Director, and has public health experience resistant TB.
as well as the treatment of clients with multi-drug Disease
MD, MPH - Physician: Dr. Gutierrez is board certified in Infectious Hospital as the
Felipe Gutierrez, Medicine. He is currently working for Banner Good Samaritan Diseases Consultant, and
and Director Internal of the Antibiotic Management Team, and Academic Infectious is on contract with MCDPH
Infectious Disease Outreach Consultant. Dr. Gutierrez
as providing the care to patients with active TB disease.
Dr. Yu is currently an Attending Physician at Banner Good and
Edwin Yu, MD - Physician: certified in Infectious Disease and Internal Medicine,
Samaritan Medical Center. He is board of Medicine at the Northwestern Medical Faculty
also has held the position of Clinical Instructor with MCDPH providing care to patients with
Foundation in Chicago, IL. Dr. Yu is on contract
active TB disease.
IL Method of Approach that they are free of active TB
A health card may be issued to individuals requesting are required evidence by some employers or schools to
disease at the time of the clinic visit. Individuals disease either before employment, as a condition of
produce proof that they are free of active TB requesting a health card will be evaluated for
employment, or prior to enrollment, Any individual
active TB disease.
1. Individuals requesting a health card will be registered in Medical active TB Records. disease by a nurse in the
2, Individuals requesting a health card will be screened questionnaire for will be completed.
TB Clinic and a medical history and symptom have active TB will be issued a health card.
3. Individuals who are determined to not x-ray by the Medical Provider to evaluate their TB
4. Individuals determined to require a chest
status will be given the x-ray on site. the Medical Provider by a radiologist.
5. All x-rays will be read and reported to determined by the Medical Provider that the individual
6. Health cards will be issued when it is
is free of active TB disease at the time of the visit. placement, the reading of the TB skin test, a
7. The cost of a health card includes a TB skin test by the Medical Provider, and the card which
chest x-ray if medically indicated and ordered is free of active TB disease at the time of the visit.
can be used as evidence that the individual 4
Request for Quote Department No HSD-EDU-Q13-19 of Public Health
Mariana County

Assurances to Meet Responsibilities
MCDPH TB Program will maintain TB serum (PPD/Purified Protein Derivative),
I. The necessary supplies and be responsible for all associated costs.
syringes, and other will administer the TB skin test, clearly documenting the date
2. The MCDPH TB Program documentation in a patient medical chart.
given and maintain will read the TB skin test, clearly documenting in the patient chart
3. The MCDPH TB size Program of the reaction, and the result (positive or negative).
the date read, the to be positive, the MCDPH TB Program will provide further
4. If a skin test is determined including a chest x-ray if deemed medically appropriate by
evaluation for active TB disease,
Medical Provider. LTBI, but is at risk for developing active TB disease, the MCDPH TB
5. If the patient has and required treatment and follow-up directly with the
Program will complete all necessary
patient. active TB disease, the MCDPH TB Program will complete all necessary
6. If the patient has follow-up directly with the patient.
and required treatment and employed by the MCDPH TB Program have appropriate training
7. All health care providers
and expertise in providing TB services.
III. Cost will invoice the City of Phoenix for $65 per patient
The MCDPH Division of Clinical Services
referral.
5
Request for County Quote Department No. HSD-EDU-Q13-19 of Public Health
Marieopa

City of Phoenix
Human Services Department
TERMS AND CONDITIONS Applicable Laws Executive Orders, rules, regulations,
1. Compliance with shall comply with all applicable laws, governments ordinances, whether or not specifically referenced
The Contractor and codes of the Federal, State, and Local
standards, herein. Specifically, the following apply:
1.1 Non-Discrimination: against any applicant, worker, employee, any or member disability of nor the
Contractor is prohibited from discriminating because of race, color, religion, sex, national origin, limited age, to, employment,
public, or recipients of benefits employment practice. This includes, but layoff not be or termination; rates of pay
otherwise commit an or unfair transfer; recruitment or recruitment advertising; apprenticeship.
promotion, demotion compensation; and selection for training including
or other forms of paragraph in all subcontracts, job-consultant
Contractor further agrees to Incorporate the entered preceding into by Contractor.
agreements, or subleases of this agreement
Specifically, the following non-discrimination laws apply: comply with Title VII of the Civil Rights Act of 1964, Order as
Unless exempt under Federal law, Contractor of 1975, shall the Rehabilitation Act of 1973, and State national Executive origin, or
amended, the Age Discrimination Act persons, regardless of race, color, religion, sex, age,
No. 99-4, which mandates have that equal all access to employment opportunities.
political affiliation, shall which prohibits discrimination in
shall comply with the Rehabilitation Act of '1973, or as mental amended, disability. Contractor shall comply
Contractor the employment of qualified persons because Standards of physical Act of 1938, as amended.
with the requirements of the Fair Labor prohibits the denial of
shall comply with Title VI of the Civil Rights Act race, of color, 1964, or which national origin, In addition,
The Contractor or participation in, contract services on the basis of with limited English proficiency have
benefits Contractor of, shall take reasonable steps to ensure that provided individuals and that sufficient effective communication
meaningful access to the health and Individuals social services to assure such access.
exists between Contractor and such Rehabilitation Act of 1973, as
shall comply with the requirements of Section 504 in of delivering the contract services; and with
The Contractor which prohibits discrimination on the basis of disability, Disability Act, which prohibits discrimination
amended, Title II of the Americans with Disabilities Act, and the In the Arizona provision of contract programs, services, and
on the basis of physical or mental disabilities
activities. publications, forms, flyers, etc, that Is distributed
the following statement shall be included in all
Therefore, to recipients of contract services: Department of Public Health
Americans with Disabilities Act, it Is the policy disabilities of Maricopa County to allow them to take part or have
"Under the reasonable accommodations for persons with with disabilities, who need accommodation,
to access make to its programs, services, or activities. individuals such as sign language interpreters or enlarged 506-6657. print
including auxiliary aids for effective communication and preferences known to: Connie Velasquez, (602)
materials, are invited to make their needs 1681-1683, 1685
comply with Title IX of the Education Amendments on the of basis 1972, of 20 sex, USC be excluded from
Contractor shall provides that no person in the United States will,
and 1686 which

(a)
City of Phoenix
Human Services Department
of, or be subjected to discrimination under any educational
participation in, be denied the benefits financial assistance.
program or activity receiving Federal
1.2 Smoking Pollution Control Ordinance: provisions of City Ordinance No. G-2865, as amended, smoking "the in places Smoking of
The Contractor shall be subject to effective the July 1, 1986. This ordinance regulates
Pollution Control Ordinance," public places located within the City of Phoenix.
employment and enclosed
1.3 Drug-Free Workplace: Drug-Free Workplace Act of 1988 (P.L. 100-690). workplaces. This law requires This
The Contractor agrees to comply with federal the funds to certify they will provide drug-free
contractors and subcontractors to receiving of a contract or grant.
certification is a precondition
Lobbying Activities* regulations (Pl. 101-121; 31
1.4 Lobbying: Contractor agrees to comply with the "Disclosure of of federal funds to certify that no federal certification funds are
The U.S.C. 1353). This law requires contractors penalties and grantees for failure to provide this certification. This
used for lobbying activities and provides for
is a requirement for contracting. '
1.5 Debarment: Order 12549, Debarment and Suspension (34 Federal CFR, Part Register 85,
The Contractor agrees to abide by Executive published as Part VA of the May 28, 1988,
Section 85.510, Participant Responsibilities),
(pages 19159-19211).
1.6 Legal Worker; Contractor agrees to comply with all federal compliance immigration with laws A.R.S. and
As required by A.R.S. §41-4401 employees 1 and/or subcontractors' employees, and requirement their shall be deemed a
regulations that relate to its Contractor also agrees that any violation of this termination of the contract.
§23-214, subsection the A. contract that is subject to penalties up to and inspect including the papers of Its contractor or
material breach of that City retains the legal right to
Contractor acknowledges that work on the contract to verify such compliance.
subcontractor employees
1.7 Non-Sudan and Iran: Consultant certifies that It does riot have a scrutinized
Pursuant to A.R.S.§§35,391.08 and 35-393.06, §§35-391 and 35-393, in either Sudan or Iran.
business operation, as defined in A.R.S. by law to be In this Contract are a
Each provision of law and any terms required
2. Implied Contract Contract Terms. as if fully stated in It,
part of this himself or herself to be an independent contractor
Independent Contractor. The contractor represents shall not present himself or his employees to be an employee
3. offering such services to the general public and
of the City. Any term or condition deemed illegal or invalid
The provisions of this Contract are severable.
4. SeverabIllty. shall not affect any other term or condition of the Contract, of their
Contract Is intended by the parties as a final and the complete trade shall expression supplement or
5. No Parole Evidence. course of This prior dealings between the parties and no usage oral of or in writing shall be binding.
agreement. No used In this document and no other understanding either
explain any terms

City of Phoenix
Human Services Department
performance of any term or condition of the Contract in shall the
6. No Waiver. Either party's failure to insist on condition strict even if the party accepting or acquiescing
not be deemed a waiver of that term or nature of the performance and fails to object to it.
nonconforming performance knows of the beyond the current
Funding may not be available for performance payment under this may Contract arise under this Contract
7. Availability of Funds. legal liability on the part of the City for any
fiscal year of current the City. fiscal No year. or penalty In the
beyond the terminate this contract without further recourse, obligation, unfettered discretion In
The City may reduce payments or appropriated. The City shall have the sole and
event that Insufficient funds are
determining the availability of funds. herein, whether by
change in the contract including the Scope of Work contract described amendment signed and
8, Amendments. Any supplementation, must be accomplished by a formal the contractor and the City. Any such
modification by and or between the duly authorized representatives or decreases of in the amount of the contractors' the
approved shall specify an effective date, any Increases and signed by the parties identified in
amendment if applicable and entitled as an "Amendment", understands and agrees that no other method
compensation sentence. The contractor expressly and explicitly and oral communications by or from any person,
preceding and/or no other document, Including correspondence, modification acts, or supplementation to the contract.
shall be used or construed as an amendment or
Subcontract under this Contract for the performance
The Contractor shall not enter into any Procurement Officer, The Contractor shall clearly
9. Subcontracts. without the advance written approval of the responsibilities. The Subcontract shall
of this contract subcontractors and the subcontractor's proposed
list any proposed reference the terms and conditions of this Contract.
incorporate by any right nor delegate any duty under this
Delegation. The Contractor shall not assign representative. The City shall not
10. Assignment and prior written approval of the City's authorized
Contract without the
unreasonably withhold approval. evidence pertaining to the
Contractor shall maintain books, records, documents the and "records," other to the extent and in such
11. Records. expenses The of the contract, hereinafter collectively called of labor, materials, equipment, supplies and
costs and will properly reflect all net costs, direct or indirect, for which payment is made under the contract.
detail as and other costs and expenses of whatever nature of the contractor at all reasonable times during the
services, contractor shall agree to make available at the office inspection, audit or reproduction by any authorized five
The period, as set forth below, any of the records preserve for and make available the records for a period required of by
representative of the City. The contractor shall the contract and for such period, if any, as is
years from the date of final payment paragraph under of the contract as stated below:
applicable stature, by any other terminated shall be
or partially terminated, the records relating to the resulting work final settlement.
11.1 If the contract Is completely for a period of five years from the date of any
preserved and made available arising out of the performance of
relate to appeals, litigation or the settlement of claims exception has been taken by the City
11.2 Records which or cost and expenses of the contract as to which appeals, litigation, claims or exceptions have
the Department, contract, shall be retained by the contractor until such applicable to and included In each subcontract
resolved. The provisions of this section shall be
been
hereunder.

City of Phoenix
Human Services Department
Contractor's books and records at any time to verify
of Contractor's Records, The City may audit the Contractor has understated Gross Sales by three
12. Audit compliance with this contract. If an audit reveals that shall the be borne by the Contractor. The Contractor shall rate
percent (3%) or more, the entire expense due of the to the audit City, and at the City's option, the prevailing was interest due.
immediately pay any additional amount accounts may be assessed from the date the underpayment
imposed by the City for delinquent
shall be responsible for paying all appticable taxes.
13. Payment of Taxes. The Contractor applicable state and local
Transaction Privilege Taxes, The City is subject to and all are the responsibility of the
14. State and Local taxes. Transaction privilege taxes apply to the sale the seller from its obligation to
transaction privilege collect such taxes from the buyer does not relieve
seller to remit. Failure to
remit taxes. shall pay all Federal, state and local taxes applicable
16. Tax Indemnification. Contractor and all subcontractors Contractor. Contractor shall, and require all subcontractors contributions
to its operation and any persons employed by the for taxes, damages and interest, if applicable, transaction
to hold the City harmless from any responsibility local laws and regulations and any other costs Compensation. including
required under Federal, and/or state and insurance, Social Security and Worker's
privilege taxes, unemployment compensation I.R.S. W9 Form on file with
payment, the Contractor shall have a current
16. IRS W9-Form, in order to receive
the City, unless not required by law. the City of Phoenix and its
Contractor shall indemnify, defend, save and hold "IndemnItee) harmless from and against any and
17. Indemnification. agents, and employees (hereinafter referred to as court costs, attorneys' fees, and costs
officers, officials, actions, liabilities, damages, losses, or expenses (including referred to as "Claims') for bodily injury or
all claims, Investigation and litigation) (hereinafter intangible property caused, or alleged to be
of claim processing, (including death), or loss or damage to tangible omissions or of Contractor or any of its owners,
personal injury whole or in part, by the negligent or willful acts or indemnity includes any claim or amount arising
caused, in directors, agents, employees or subcontractors. This or arising out of the failure of such contractor to
officers, recovered under the Workers' Compensation Law rule, regulation or court decree. It is the specific
out of or to any federal, state or local law, statute, ordinance, instances, except for Claims arising solely from any the
conform intention of the parties that the lndemnitee shall, in all be Indemnified by Contractor from and against and
negligent or willful acts or omissions of the will indemnitee, be responsible for primary loss investigation, this defense contract, the
and all claims. It is agreed that Contractor is applicable. In consideration of the award officials, of agents and
judgment costs where this indemnification of subrogation against the City, its officers,
Contractor agrees to waive all rights performed by the Contractor for the City.
employees for losses arising from the work
18. Insurance Requirements. and maintain until all of their obligations have been injury discharged, to persons
Contractor and subcontractors shall under procure this Contract are satisfied, insurance against claims of the for work hereunder by
Including any warranty periods may arise from or in connection with the performance
or damage to property which representatives, employees or subcontractors.
the Contractor, his agents, this Contract and in no way limit the
insurance requirements herein are minimum requirements City in no for way warrants that the minimum limits
The covenants contained in this Contract. The liabilities that might arise out of the performance
indemnity herein are sufficient to protect the Contractor from agents, representatives, employees or subcontractors
contained of the work under this contract by the Contractor, insurance his as may be determined necessary.
and Contractor Is free to purchase additional

City of Phoenix
Human Services Department
Contractor shall provide coverage with limits of
MINIMUM SCOPE AND LIMITS OF INSURANCE: excess liability policy may be used to meet the minimum
A. liability not less than those stated below. coverage An is written on a 'following form" basis,
liability requirements provided that the
1. Commercial General Liability — Occurrence Form damage and broad form contractual liability coverage.
Policy shall include bodily injury, property $2,000,000
• General Aggregate Operations Aggregate $1,000,000
• Products — Completed Injury $1,000,000
• Personal and Advertising $1,000,000
• Each Occurrence
to include coverage for sexual abuse and molestation.
a. The policy shall be endorsed City of
be endorsed to Include the following additional respect insured to liability language: arising "The out of
b. The policy shall be named as an additional Insured with
Phoenix shall performed by, or on behalf of the Contractor".
the activities
2, Worker's Compensation and Employers' Liability Statutory
Workers' Compensation
Employers' Liability $100,000
Each Accident $100,000
Disease — Each Employee $500,000
Disease — Policy Limit
shall contain a waiver of subrogation against the subcontractor City of Phoenix. is exempt under A.R.S. 23-
a. Policy requirement shall not apply when a contractor or the appropriate sole proprietor waiver
b.This AND when such contractor or subcontractor executes
901,
form. policies shall include, or be endorsed to include,
INSURANCE REQUIREMENTS: The
B. ADDITIONAL the following provisions: as an additional insured, the City of
insurance policies where the City of Phoenix is named of liability purchased by the Contractor even
1. On Phoenix shall be an additional Insured to the full required limits by this Contract.
if those limits of liability are in excess of those insurance and non-contributory with respect
Contractor's insurance coverage shall be primary
2 The to all other available sources. provisions of this
Each insurance policy required by the insurance voided, canceled, except
C. NOTICE OF CANCELLATION: the required coverage and shall not be suspended, Except when cancellation Is for
Contract shall provide prior written notice has been given to the City. given. Such notice shall be sent
after thirty (30) days premium, then ten (10) days prior notice may be ,Services Department, 200 W,
non-payment of Smith, Contracts Specialist It Human
directly to (Pamela 18 M. 1h Floor, Phoenix, Arizona, 85003-1611).
Washington Street, with insurers duly licensed or authorized
OF INSURERS: insurance is to be placed rating of not less than B+ VI. The City in
D. ACCEPTABILITY business in the state of Arizona and with an "A.M. insurer Best" rating is sufficient to protect the Contractor
to do warrants that the above-required minimum
no way potential insurer Insolvency.
from

City of Phoenix
Human Services Department
Contractor shall furnish the City with certificates of Insurance
E. VERIFICATION OF equivalent COVERAGE: approved by the City) as required by this Contract. The certificates coverage for on its
(ACORD form or policy are to be signed by a person authorized by that insurer to bind
each insurance
behalf.
and any required endorsements are to be received and approved by effect the City at before or prior work to
All certificates Each insurance policy required by this Contract must be in of the project. Failure
commences. commencement of work under this Contract and remain in effect for the provide duration evidence of renewal is a
to maintain the insurance policies as required by this Contract or to
material breach of contract.
required by this Contract shall be sent directly to (Pamela 18 M. th Smith, Floor, Contracts Phoenix,
All Specialist certificates II, Human Services Department, 200 W. Washington description Street, shall be noted on the
Arizona, 85003 -1611). The City project/contract number and complete, project certified copies of all Insurance
certificate of insurance. The City reserves the right to require SEND CERTIFICATES OF INSURANCE TO
policies required by this Contract at any time. DO NOT
THE CITY'S RISK MANAGEMENT DIVISION.
certificate(s) shall Include all subcontractors as additional insured's
F. SUBCONTRACTORS: Contractors' shall furnish to the City separate certificates and endorsements for each
under its policies or Contractor subcontractors shall be subject to the minimum requirements identified
subcontractor. All coverages for
above. from the insurance requirements in this Contract shall be
G. APPROVAL: Any modification or variation decision shall be final. Such action will not require a formal
made by the Law Department, whose made by administrative action.
Contract amendment, but may be
of sums due, neither party shall be liable to the other nor deemed in
19. Force Majeure. Except for payment extent that such party's performance of this Contract is prevented by
default under this Contract if and to the occurrence that is beyond the control of the party affected and
reason of force majeure, a term that means an limiting the foregoing, force majeure includes acts of God; acts
occurs without its fault or negligence. Without mobilization; labor disputes; civil disorders; fire; flood; lockouts;
of the public enemy; war; riots; strikes; failures or iefusals to act by government authority; and other similar
Injunctions-intervention-acts; or declaring force majeure which such party is unable to prevent by
occurrences beyond the control of the party
exercising reasonable diligence.
Force Majeure shall not include the following caused occurrences: by congestion at a Manufacturer's plant or elsewhere, or
19.1 Late delivery of equipment or materials
an oversold condition of the market; unless the delay arises out of a force majeure occurrence in
19.2 Late performance by a subcontractor term and conditions; or
accordance with this force majeure or any subcontractor to acquire or maintain any required insurance,
19.3 Inability Of either the Contractor
bonds, licenses or permits. at any time in the progress of the work by force majeure, the delayed party following shall
19.4 If either party is delayed writing of such delay, as soon as is'practicabie and no later than the notice.
notify the other party in thereof and shall specify the causes of such delay in such
working day, of the commencement certified-return receipt and shall make a specific reference to
Such notice shall be delivered or mailed The delayed party shall cause such delay to cease as soon
. this article, thereby Invoking its provisions. other party in writing when it has done so. The time of completion
as practicable and shall notify the for a period of time equal to the time that results or effects of
shalt be extended by Contract Amendment from performing in accordance with this Contract,
such delay prevent the delayed party

City of Phoenix
Human Services Department
19.5 Any delay or failure in performance by either party hereto shall not to constitute the extent default that such hereunder delay or or failure give
rise to any claim for damages or loss of anticipated profits if, and
Is caused by force majeure.
The City reserves the right to cancel the whole or any part of the contract issue due a written to failure ten of (10) the
20. Cancellation. Contractor to carry out any term, promise, or condition of the contract. of The the City following: will
day notice of default to the Contractor for acting or failing to act as in any
Contractor provides personnel that do not meet the requirements of the contract.
• The
The Contractor falls to perform adequately the services required in the contract.
•
Contractor attempts to Impose on the City, personnel that are of an unacceptable quality.
• The
Contractor falls to furnish the required product within the time stipulated in the contract.
• The
The Contractor falls to make progress in the performance of the requirements perform of to the the contract requirements and/or
• gives the City a positive indication that the Contractor will not or cannot
of the contract.
Contractor does not correct the above problem(s) within ten (10) days after receiving to this clause, the notice the City of
• default, If the the City may cancel the contract. If the City cancels the contract pursuant
reserves all rights or claims to damage for breach of contract,
If the City in good faith has reason to believe that the Contractor does representative not intend to, may or
21. Right is unable to Assurance. to perform or continue performing under this Contract, the authorized to perform. Failure City by the Contractor
demand in writing that the Contractor give a written assurance specified of in Intent the demand may, at the City's option, be
to provide written assurance within the number these of Days Terms and Conditions or other rights and remedies
the basis for terminating the Contract under
available by law or provided by the contract,
Contractor acknowledges the provisions of the Phoenix City Code which due the require City. and City
22. Right of Offset. no payment be made to any contractor while there is an outstanding obligation
demand may direct that any such obligation be offset against payment due the contractor.
City may, by written notice, terminate this contract, in whole or In part, if the Contractor, City determines or any
23. Gratuities. that a gratuity The in the form of entertainment, gifts, or otherwise were offered the City or given for the by purpose the of Influencing
agent or representative of the Contractor, to any officer making or employee of any of determinations with respect to the
the outcome of the awarding or amending, the or existence the of the facts upon which the City makes such finds
performance of such contract; provided that in any competent court. In the event of such termination, the City
shall be an Issue and may be reviewed remedies against the Contractor as the City could pursue in the event of
shall be entitled to pursue the same
default by the Contractor.
All parties hereby acknowledges that this contract is subject to
24. Cancellation for Conflict provisions of Interest. of Arizona Revised Statute § 38-511,
cancellation pursuant to the
The City reserves the right to terminate the Contract, in whole or in part at
25, Termination for Convenience. best interests of the City without penalty or recourse. Upon receipt of the written date notice, of the
any time, when In the stop all work, as directed in the notice, notify all subcontractors of the effective
the Contractor shall

City of Phoenix
Human Services Department
termination and minimize all further costs to the City. In the event of termination under become this the paragraph, property all of and
documents, data and reports prepared by the Contractor under the Contract to receive shall just and equitable
be delivered to the City upon demand. The Contractor shall materials be entitled accepted before the effective date of the
compensation for work in progress, work completed provided and in A.A.C. R2-7-701 shall apply.
termination. The cost principles and procedures
26. Termination for Default. to terminate the contract in whole or in part, upon 15 days prior written
26.1 The City reserves the right date and the reasons for termination due to failure of the Contractor to
notice specifying the effective of the contract, Including compliance with the Scope of Work,
comply with any terms and conditions or consistent furnishing of incorrect or incomplete reports
budget considerations, submittal of reports federal, state, andior local laws. City may also terminate the
or records, or compliance with any use of funds provided under this contract.
contract for ineffective or Improper
Upon termination under this paragraph, all goods, materials, documents, data delivered and reports to the prepared City on
26.2 Contractor under the Contract shall become the property of and be
by the
demand.
this contract immediately if the City determines that the health, welfare or
26.3 The City may terminate
safety of service recipients is endangered.
Contractor may terminate the contract, in whole or in part, upon 90 days
27. Termination by Contractor. The
prior written notice to the City specifying the effective date.
shall maintain in current status all Federal, State, and local licenses and permits
28. Licenses. for the Contractor operation of the business conducted by the contractor.
required
Personnel. It is essential that the Contractor provide an adequate staff of under experienced this contract. personnel, The
29. Key capable of and devoted to the successful accomplishment of work to be assigned performed to work under the contract,
Contractor must assign specific Individuals to the key positions. written Once approval of the CITY.
key personnel shall not be removed or replaced without the prior
contract shall commence upon full execution and shall remain in effect as
30. 'Term of Contract. The term of the cancelled or extended as otherwise provided herein.
stated in the contract unless terminated,
The City reserves the right to unilaterally extend the period of any resultant any contract resultant for
31. Contract Extension. beyond the stated expiration date. in addition, by mutual written agreement,
thirty-one contract may (31) be days extended for two additional one-year periods.
the course of this contract, if deemed in the best interest of the City, an
32. Delays and Extensions. During written mutual agreement. However, any time extension so granted
extension of time may be granted as a by waiver by the City of any rights herein.
shall not constitute or operate
Selection: The City makes no guarantee as to the amount of work to be assigned will to be any at the
33. Contractor and may exercise its option not to utilize the services requested herein. Selection
Contractor sole discretion of the parent or guardian of the eligible Head Start participant.

C-86-14-109-3-00 City of Phoenix
IN WITNESS WHEREOF, the parties agree to enter into this Agreement:
FOR AND ON BEHALF OF
MARICOPA COUNTY
By
Chairman, Board of Supervisors
Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy Attorney for Maricopa County
Date